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Committee of the Whole Packet 2007 01-16-07 Co.o United City of Yorkville J + '" 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 o� Li p Fax: 630-553-7575 �LLE AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, January 16, 2007 7:00 p.m. City Conference Room REVISED 1/12/07 Public Hearint: None Presentation: 1. Route 126 & 71 Commercial — Concept Plan Economic Development Committee: 1. EDC 2007-01 Building Permit Reports for December 2006 2. EDC 2007-02 Residential Development Key and Population Projection 3. EDC 2006-36 Raymond Regional Stormwater Basin Outfall Construction/Funding Update 4. PC 2006-84 and PC 2006-85 Edward Health Ventures — PUD Agreement 5. PC 2006-16 MPI Yorkville South Annexation Agreement 6. PC 2005-62 Route 47/Corneils Road Annexation 7. EDC 2007-03 Peter Kappos (Route 47/Corneils Annexation) Economic Incentive Agreement 8. PC 2006-42 Westbury Village (North, West, Middle) —Annexation and Concept PUD 9. COW 2007-01 Kendall Marketplace Financing Public Works Committee: 1. PW 2006-211 King Street Raw & Finished Watermains —Pedersen Invoice 2. PW 2006-188 Fox Road Sidewalk 3. PW 2007-01 Kendall County 2007-2030 Transportation Improvement Plan Page 2 Committee of the Whole January 16, 2007 Public Works Committee (con't): 4. PW 2007-02 Automatic Door Opener Pricing for Beecher Center and City Hall 5. PW 2007-03 Wheel Loader Purchase 6. PW 2007-04 FPA Expansion Agreement— Dickson, Sleezer, & Lindholm Properties 7. PW 2007-05 Pre-Qualification Process for Well #10 and Well #10 Water Treatment Plant 8. PW 2007-06 Longford Lakes —Final Acceptance & Letter of Credit Reduction #2 9. PW 2007-07 Raging Waves — Letter of Credit Reduction #1 10. PW 2007-08 Betzwiser Development— Letter of Credit Expiration 11. PW 2007-09 Saravanos Development— Letter of Credit Expiration 12. PW 2007-10 Countryside Pump Station— Change Order#1 13. PW 2007-11 IDOT Highway Permit and Resolution— Rush-Copley Site (Rt. 34 Temporary Entrance) 14. PW 2007-12 In-Town Road Program (Phase 2) — Railroad Permits 15. PW 2007-13 Cozy Corner Subdivision— Offsite Watermain Easement Detail Board Report (Bill List): Park Board: 1. PKBD 2007-01 Park Naming Request for Prairie Meadows Mayor: 1. School District 115 Request for Tennis Courts 2. Library Board Opening Additional Business: Executive Session: 1. For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. °� United City of Yorkville Memo 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <<E �Vv Date: January 13, 2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk Subject: Additional Meeting Material Attached are reports prepared for Economic Development Committee items on the January 16, 2007 EDC/COW meeting following the distribution of packets including: Item 5—MPI Yorkville South Annexation Agreement - Staff Report Note that the infrastructure related sections are stir under review and additional reports/comments will be provided on 1/16/07 for your review. Item 8—Westbury Village Annexation and Concept PUD Plan - Comments from: o Anna Kurtzman, Zoning Administrator; and o Eric Dhuse, Public Works Director United City of Yorkville 800 Game Farm Road EST. 1936 Yorkville, Illinois 60560 .4 630-553-8545 y Fax: 630-553-3436 January 13,2007 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk Re: Yorkville South Annexation Agreement Staff Review Comments Background Previous Actions: • The Plan Commission recommended approval of annexation, re-zoning and Concept PUD Plan March 8, 2006. • City Council conducted public hearing June 13, 2006. Since June 2006, three of the six development projects planned in the vicinity of Yorkville South have withdrawn projects (including Heartland Crossing, Six Pillars of Yorkville, and Faganel Homes) and two have indicated a slower build-out projection than originally planned (Windett Reserve and Yorkshire). In this time period, MPI South has also reduced the area of the proposed annexation from 914.44 acres to 746.16 acres and reduced the Concept PUD Plan from 1,764 units to 1,427 units. The shift in development trend and timing since June 2006 has resulted in MPI and City staff to re-evaluate the timing for infrastructure implementation and the capacities necessary for this project (both of which having a direct impact on the planned financing mechanisms for this infrastructure). Through these discussions, City staff has recognized the need to "scale-down" the originally planned, comprehensive infrastructure approach to serve multiple properties, into a phased approach allowing for expansion of the system to occur when needed while allowing for some development to occur in stages as necessary infrastructure is constructed. This has been accomplished by identifying "trigger points" in the annexation agreement determining the time at which additional infrastructure will be necessary and provisions that will not allow development to continue until this infrastructure(pre-determined in the agreement) is complete. 1 Staff and the petitioner have met on several occasions since the public hearing, particularly since October 2006, to discuss water and sanitary sewer infrastructure provisions, as well as necessary roadway improvements. A draft agreement was submitted by MPI December 11, 2006 and returned with comments by staff December 21, 2006. MPI and staff met January 4, 2007 to finalize the water infrastructure language (Section 5 and 7 of the agreement) and January 5, 2007 along with YBSD to discuss Section 5 and 6 of the agreement. The EDC/COW packet includes a `marked-up' copy of the December 11, 2006 agreement and a clean version incorporating the changes dated January 10, 2007. Comprehensive Plan Comments: The Comprehensive Plan recommendations for the area include the following uses: a) suburban neighborhood(2.25 units/acre) b) transitional neighborhood (3.5 units/acre) c) commercial at Caton Farm and Walker Road d) neighborhood retail at Wheeler Road e) Wheeler road extension to west The proposed Concept PUD Plan substantially addresses and conforms to Comprehensive Plan recommendations for the area and incorporates the design standards recommended by the Comprehensive Plan for both the residential and commercial components of the plan. Annexation Agreement Comments: This property is not contiguous to the current corporate limits of Yorkville, therefore, this agreement is subject to contiguity. The draft annexation and planned unit development agreement last revised January 10, 2007 for Yorkville South has been reviewed by staff and consultants including Community Development, Engineering, Parks and Recreation and Public Works. The following report outlines the items staff suggests further modification with comments explaining each: Section 5 Utilities, Easements and Public Improvements—this section is under engineering review and comments will be provided as available. Section 6 Sanitary Sewer Improvements - this section is under engineering review and additional comments will be provided as available. 6.A states, "the DEVELOPER agrees to fund their pro-rata share of an evaluation of alternative sanitary options by Walter E. Deuchler Associates up to a maximum 2 contribution of$15,000. Said contribution would be due fi-om the DEVELOPER at the time the CITY records this Agreement." This study has been recommended by staff and with the hope it will provide MPI with alternatives that will include permanent facilities (as opposed to temporary) for which the YBSD fees can be applied and reduce the amount of"throw away" dollars MPI would otherwise have to expend on temporary infrastructure. Staff recommends this provision be removed from the annexation agreement and the fee should be paid as part of the petitioner's application review. Section 7 Water Improvements - this section is under engineering review and comments will be provided as available. - Section 8 Roadway Improvements -this section is under engineering review and comments will be provided as available. Section 15 School Donations A provision should be included requiring the 41 acre land contribution be part of the first final plat submittal of the subject property. A letter should be provided from the School District#115 agreeing with the terms for future expansion of die school land dedication described. - Section 17 Fire Station Recommend removal of second sentence or obtain letter from BKFD that they consent with this provision. Exhibit H should reduce fire department fee from 1000 to 811.02 per unit to cover the credit if BKFD agrees to these terms in writing. Section 34 Commercial Tax Incentive Add "up to"before "fifty percent"in third sentence and change the last paragraph to state a reduction of 50% of the amount offered as incentive in order to be consistent with the current Economic Incentive Policy. 3 J�Al o� United City of Yorkville Memo Public Works Department EST 1836 800 Game Farm Road o �� � Yorkville, Illinois 60560 o Telephone: 630-553-4370 <LE ` Fax: 630-553-4377 Date: January 11, 2007 To: Travis Miller, Community Development Director From: Eric Dhuse, Director of Public Works CC: Subject: Westbury annexation--agreement. Travis, I reviewed the latest annexation agreement for the Westbury development dated January 9, 2007 along with the response letter from David Warner dated January 9, 2007 and have the following comments. Section 5 sanitary sewer and water system and facilities Section 5 needs to have all other infrastructure improvements separated from any YBSD improvements. It needs to be clear that there are two different entities that are independent from each other when it involves fees, or guarantees of service. To me the annexation agreement and the letter from David Warner seem to be in conflict with each other. In the annexation agreement, it states that the city will warrant that it will provide or cause to be provided sufficient systems when needed. In the response letter it is stated that the developer should be able to basically determine when new infrastructure is needed, and how they will phase it. It can NOT work this way in this project. The City needs to be the determining body in this matter. As you know from past projects, it takes a considerable amount of time to design and construct any type of infrastructure associated with water or sewer. We at the City can not let the developer dictate when and how things are done. There needs to be parameters set that control the timing and money issues that are involved when a project as large as this is being proposed. I feel that there needs to be an overall preliminary water system and facility plan that everyone is comfortable with before we can finalize this agreement. From there, we can set trigger points for timing the construction,phasing the money and come up with a plan that is agreeable to both parties. Page 14 letter I—the developer shall not be permitted to drill any new well's on the subject property without consent of the City Council. Irrigation wells may interfere with the shallow well program that we are trying to establish for the entire area. There has to be a way for the developer to pump water out of one or more of the ponds that are on site. Page 14 letter k—I would reiterate that there needs to be an overall plan in place before the city would agree to accept any parcel of land for the purpose of a water tower. With the size of this development and the water needs associated with it, I believe there will be a need for more than just a water tower within this development. Page 16 letter C—Roadway Improvement Contribution To my knowledge there is no provision is the policy that provides for the reimbursement or payment on a dollar for dollar basis for any road. Based on the traffic study, there may be some credit given for some of the internal streets if the City desires the proposed roads to be "oversized" compared to what the traffic count dictates. If the developer wishes to have all roads listed,there should be a much more detailed attachment showing an agreed upon amount for each roadway in question. Page 13 of the response letter exhibit F The municipal building fee should not be negotiated. If you have any questions or need further clarification, please let me know. eo& � o United City of Yorkville I County Seat of Kendall County 800 Game Farm Road Esr � Yorkville, Illinois, 60560 0 T, y Telephone: 630-553-4350 Fax: 630-553-7575 ALE ��' Website: www.yorkville.il.us January 12, 2007 TO: Travis Miller FROM: Anna B. Kurtzman, AICPZk- SUBJECT: Westbury Extension Annexation and PUD Agreement Dated: 1/9/07 Staff understands that the document listed above is being presented to the EDC on Tuesday, January 16, 2007, with staff comments regarding this document to be provided to you by the 12th(within 3 days of receipt of the agreement). Staff has attempted to meet this requested time table and are offering the following comments. A. Recital K- a. The last sentence indicates that the Exhibit C is broken down into 4 components- Middle,North, West (north) and West(south). A review of Exhibit C dues not break the West village into two components. Therefore the statement in Recital K should reference the 3 components or Exhibit C divided into the 4 components listed in Recital K. b. The last sentence references a"concept plan." The previous sentence was modified to correctly reference this exhibit as a"concept PUD plan." The agreement should provide consistent references to documents. B. Section 13A-This paragraph gives the Department of Building Safety 15 days to conduct an initial review of a building permit application and 10 days to review any subsequent re-submittal. ICCI's contract with the City specifies a 15 day timeframe for any submittal (original or re-submittal). Staff requests that the language in this section reflect the City's agreement with their building department. C. Exhibit B a. The dwelling unit count within each individual pod is difficult to read to the point that staff has not been able to verify the overall dwelling unit counts. Staff requests that either the unit counts be included on the Village site data tables and/or are clear enough to read on the bubble diagram. D. Exhibit D-Exceptions to Applicable Codes T. Miller � -� Westbury Extension Agreement January 12, 2007 Page 2 of 2 a. As noted in our previous memo it is staff's opinion that not enough detail has been provided in order to adequately assess the overall impacts the requested variances would have on the development. As such staff s recommendation regarding not including Exhibit D in this agreement remains. However, if it is determined that Exhibit D should remain staff offers the following comments: b. Staff requests that this document be formatted slightly differently. The exhibit starts by outlining deviations sought to the subdivision control ordinance, moves into variations to the zoning code (without clearly stating such), and then at the end of the document moves back to deviations to the subdivision code. Staff requests that this exhibit either be formatted to lump all deviations to the subdivision code into one area and all variances to the zoning code in another or strictly deal with all variances/deviations by specific geographic area. c. There is a typographical error in the requested variance to the single-family detached products. A reference is being made to 10,000 square foot lots. "Ten"is typed as "The." d. This same paragraph references "cluster homes, zero lot line and age-targeted...." The City's zoning code does not define these types of houses. While these types of buildings might be defined in the body of the text;.f^r ease of implementing the agreement staff is requesting that these types of units also be defined in this location. e. A side yard variance is being requested for the single-family detached product. The request is to reduce the side yard from "10', or 10% of the lot width, whichever is greater"to simply"10% of the lot width." To clarify what this means—the minimum side yard is being reduced from 10 feet to 8 feet(as no variance to lot width is being sought the minimum lot width is 80 feet). f. As noted above no variance request regarding the minimum lot width has been identified in Exhibit D. However, the site development table found on Exhibit B indicates that Pod 8 will have 70 foot wide lots. This needs to be clarified. g. The applicant is seeking a reduction in the side yard setback for both their Courtyard townhome and their traditional townhome products. The present standard is two yards each a minimum of 12 feet wide (total of 24 feet) or the side yard is to be 60% of the height of the building, whichever is greater. The request is to have a flat 10' foot side yard setback (applied to both side yards for a total of 20 feet). Our present 12 foot requirement basically appliesto ranch-style townhomes as a typical two-story townhome averages around 24 feet in height (this would equate to a side yard setback of 14.4 feet). As a result, the applicant is basically asking for a 4 foot(or greater, depending upon the height of the townhomes) variation. T. Miller Westbury Extension Agreement January 12, 2007 Page 3 of 3 h. The single-family attached minimum building separation requirements that are listed in the deviation exhibit match the City's requirements, with the exception of two. The applicant is seeking to reduce the Front to Side requirement from 50 feet to 40 feet. They also do not have listed a rear-to-front separation requirement. Unless there is absolutely no chance that a rear-to-front situation will ever arise staff recommends that the City's standard of 100 feet be included the table. Staff also notes that the applicant is imposing a 60 foot garage-to-garage separation that is not otherwise listed by City code. i. Section 3E outlines proposed modifications to the City's appearance and zoning codes. These should be moved from this location and inserted in the Exhibit D. abk c: G.Williams,W.Dettmer filename: \\Coyserver\User Folders\AKurtzman\My Documents\Westbury Extension\agreementl-10-07.doc UNITED CITY OF YORKVILLE AGENDA Economic Development Committee Public Works Committee COMMITTEE OF THE WHOLE Tuesday, January 16, 2007 7:00 PM City Conference Room PUBLIC HEARING: 1. None PRESENTATIONS: 1. Routes 126 & 71 Commercial—Concept Plan ECONOMIC DEVELOPMENT COMMITTEE: 1. EDC 2007-01 Building Permit Reports for December 2006 2. EDC 2007-02 Residential Development Key and Population Projection 3. EDC 2006-36 Raymond Regional Stormwater Basin Outfall Construction/Funding Update 4. PC 2006-84 and PC 2006-85 Edward Health Ventures—PUD Agreement 5. PC 2006-16 MPI Yorkville South Annexation Agreement 6. PC 2005-62 Route 47/Corneils Road Annexation 7. EDC 2007-03 Peter Kappos (Route 47/Corneils Annexation) Economic Incentive Agreement 8. PC 2006-42 Westbury Village (North, West, Middle) Annexation and Concept PUD 9. COW 2007-01 Kendall Marketplace Financing PUBLIC WORKS COMMITTEE: 1. PW 2006-211 King Street Raw &Finished Watermains—Pedersen Invoice 2. PW 2006-188 Fox Road Sidewalk 3. PW 2007-01 Kendall County 2007-2030 Transportation Improvement Plan 4. PW 2007-02 Automatic Door Opener Pricing for Beecher Center and City Hall 5. PW 2007-03 Wheel Loader Purchase 6. PW 2007-04 FPA Expansion Agreement—Dickson, Sleezer& Lindholm Properties 7. PW 2007-05 Pre-Qualification Process for Well#10 and Well#10 Water Treatment Plant 8. PW 2007-06 Longford Lakes—Final Acceptance&Letter of Credit Reduction #2 9. PW 2007-07 Raging Waves—Letter of Credit Reduction#1 10. PW 2007-08 Betzwiser Development—Letter of Credit Expiration 11. PW 2007-09 Saravanos Development—Letter of Credit Expiration 12. PW 2007-10 Countryside Pump Station—Change Order#1 13. PW 2007-11 IDOT Highway Permit and Resolution—Rush Copley Site (Rt. 34 Temporary Entrance) 14. PW 2007-12 In-Town Road Program(Phase 2)—Railroad Permits 15. PW 2007-13 Cozy Corner Subdivision—Offsite Watermain Easement DETAIL BOARD REPORT BILL LIST): PARK BOARD: 1. PKDB 2007-01 Park Naming Request for Prairie Meadows. MAYOR: 1. School District 115 Request for Tennis Courts 2. Library Board Opening ADDITIONAL BUSINESS: BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning December 2006 Types f Permits YP 0 I 2-Family Commercial Total Construction Cost Number of Permits Issued S FD (Beginning 2 oos Mu lti P le-Famil Y Be%innin 2006 Category Miscellan eo us I ' = Sanctum) Buidlouts 2 Peruu ts I uclure I December 2006 47 25 0 0 3 0 19 $4,609,450.00 Calendar Year 2006 t 1571 753 58 10 40 0 710 $169,706,580.00 Fiscal Year 2006 1031 432 38 7 26 0 528 $108,636,547.00 December 2005 165 127 6 6 1 0 25 $23,140,406.00 Calendar Year 2005 2 1348 j 572 16 6 38 0 716 $131,119,845.00 Fiscal Year 2005 1031 446 6 6 22 0 551 $97,445,389.00 I ' December 2004 67 36 0 0 3 0 28 $14,719,818.00 Calendar Year 2004 s 1044 470 3 0 21 1 548 $105,238,155.00 Fiscal Year 2004 772 338 0 0 18 1 415 $80,212,560.00 i December 2003 57 27 1 1 5 0 23 $11,320,792.00 Calendar Year 2003 4 894 360 15 7 34 1 477 $97,484,728.00 Fiscal Year 2003 679 264 12 7 26 0 370 $73,706,327.00 December 2002 51 23 0 0 4 0 24 $5,126,236.00 Calendar Year 2002 5 806 284 6 4 45 1 466 $66,613,318.00 Fiscal Year 2002 565 189 4 2 29 1 340 $39,7359089.00 t Permit Number Y-06-0626 issued in May 2006 was refunded/voided in September 2006,thus the total number of permits is now actually 1571 instead of 1571. 1 Permit Number Y-05-0011 was voided,thus only 1348 of 1349 assigned permit numbers were actually used 'Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built Permits Y-04-886,Y-04-926,Y-04-1017,and Y-04-1037 were voider,thus only 1044 of 1048 assigned permit numbers were issued Permit Number Y-2003-324 was voided,thus only 894 of 895 assigned permit numbers were actually issued 5 Permit Numbers Y-1002-034,Y-1001-467,and Y-1002-579 were voided,thus only 806 of 809 assigned permit numbers were actually issued;and the SFD permit issued in August as Y-2001-579 was voided and reissued as Y-2001-691 in October. To maintain a correct count,it shall remain on the August 2002 count IT1 Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning UNITED CITY OF YORKVILLE Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status Aspen Ridge Estates Aspen Ridge SW Comer of Fox Rd.and Pavillion Rd. Single Family 218 126 Final Plat Approved Estates,LLC Under Construction Autumn Creek Pulte Homes Immediately W of Grande Reserve,N of Rt.34 and S of Single Family 317 287 Unit 1 and 2 Final Plats Approved; Comer of Bristol Ridge Rd.and Cannonball Tr. Town Homes 258 15.48%Built Out(22 SF,67 TH) Bailey Meadows Bailey Meadows W of SW Comer of Baseline Rd.and Rt.47 Single Family 189 150 Annexation,Zoning,and Revised Preliminary Plan Town Homes 153 Approved Blackberry Woods McCue Builders S of SW Corner of Rt.34 and West Cannonball Tr. Single Family 53 60 Final Plat Approved Single Family 82 Under Construction Triangle W of Rt.47,N of Greenbriar Rd.,between Sunflower Briarwood Single Family 41 36.85 17.07%Built Out(7 units) Investments Estates and Prairie Gardens Brighton Oaks II Fox Valley View S of Rt.71,Adjacent To and N of Highpoint Rd Single Family 54 37.55 Annexation,Zoning,and Preliminary Plan Under Review Single Family 467 630.9 Units 1-13 Final Plats Approved Bristol Bay Centex N and S of Galena Rd, between Rt.47 and Cannonball Tr. Condominiums 624 26.31%Built Out(84 SF,256 Condos,158 TH) Town Homes 802 Duplex 182 Bristol Ridge Pacific Homes Immediately S of corner of Galena Rd.and Cannonball Duplex 92 Single Family 271 180 Annexation,Zoning,and Revised Preliminary Plan Tr.,E and W of Cannonball Tr. Town Homes 57 Approved Caledonia Wyndham NW Comer of Rt.47 and Burlington Northern Railroad Unit 1 and 2 Final Plat Approved; Deerpoint Tracks,Near F.E.Wheaton Single Family 206 85.28 13.59%Built Out(28 Units) Chall Property Wyndham W Corner of Rt.71 and Pavillion Rd.,Stretching W to and y y Deerpoint around Pavillion Heights Single Family 234 154.1 Annexation,Zoning,and Preliminary Plan Approved Cimarron Ridge Custom SE and SW Comer of Rt.34 and West Cannonball Tr. Single Family 29 40.82 92%Built Out Duplex 46 (65 Units,4 Duplex) W of SW corner of Rt.34 and Cannonball Trail, Single Family 162 156 Pre-Concept Plan Stage Conover-Fisher Property Rush Copley Immediately W of Blackberry Woods and E of Fox Hill, Duplex 60 Stretching N to Rt.34 and S to River Road Town Homes 60 Condominiums 150 rn Comeils Crossing Pacific Homes E of NE corner of Rt.47 and Corneils Rd. Single Family 31 15.35 Annexation,Zoning,and Preliminary Plan Approved *This chart represents only the demlopments that ere sun eonsidered.euve in devehopuig as nroeeember 31,zoos. Thus drad does NOT.p—.t or depict all of the devehopnrcnts and subdivisions in the city.<e.• \ns�../l�� UNITED CITY OF YORKVI LLE Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status Country Hills Dennis Dwyer,Inc. S of Rt.71,W of Southern Corner of Rt.71 and Rt. 126 Single Family 138 65.6 64.53%Built Out Duplex 34 (24 SF,87 Units) Dhuse Farm(W of 47,S of Ament) RA Faganel Builders E of SE Comer of Ament Rd.and Immanuel Rd. Single Family 167 95.21 Concept Plan Stage Edward Health Ventures W Corner of Rt.71 and Rt.126 Single Family 30 100 Concept PUD Plan and Rezoning Under Review Evergreen Farm Estates Tanglewood SE Comer of Fox Rd.and Pavillion Rd. Single Family 76 49 Annexation and Zoning Approved;Preliminary Plan Under Review Single Family 33 34.71 93.5%Built Out Fox Highlands Custom E of SE corner of Rt.47 and Rt.71 Town Homes 84 (1 SF,114 Units) Duplex 6 Single Family 228 287 99.75%Built Out(403 Units) Fox Hill SE Corner of Eldamain Rd.and Rt.34 Town Homes 144 Duplex 32 Fox River Bluff Inland NE Comer of Highpoint Rd.and Fox.Rd. Single Family 450 302.6 Pre Concept Plan Single Family 1324 1,127.30 Final Plats Approved for Units 1-24 Grande Reserve MPI N of Rt.34,E of Pulte Property(Hinsdale Nursery),S of Duplex 394 Unit 25,26,and 27 Preliminary Plats Approved Kennedy Rd.,and W of Rickard Dr. Town Homes 632 0 12.45/o Built Out(198 SF,118TH,14 DU) Apartments 300 Greenbrier Custom W of Rt.47 Between Fox Road and Rt.71 Single Family 166 166 84%Built Out Duplex 34 (4 SF,164 Units) Harris Farm Meadowbrook W of NW Comer of Rt.47 and Rt.71 Single Family 348 161 Annexation and Zoning Under Review Heartland Circle Marker N of Fox River,Immediately E of Teri Ln.,Immediately W Single Family 250 129.546 60%Built Out(150 Units) of Tuma Rd. SE corner of Rt.47 and Ament Rd,stretching past Annexation,Zoning,and Preliminary PUD Heartland Crossing Marker Wheeler Road extension to the S,and E to Lee Farm Single Family 792 512 Approved Heartland Subdivision Marker SE Comer of Rt.34 and McHugh Rd Single Family 186 135.576 96.77%Built Out(180 Units) 'This dhart represents Doty the developments that are •a still conaiderod active in developing as of Deemnber 31,7006. This chart dose NOT represenn or depict all of the °1Y � deaeloptnents and subdivisions in the city. UNITED CITY OF Y®RKVI LLE Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status Mallard S of S corner of Rt.126 and Rt.71,immediately W of Hudson Lakes Single Family 253 141.3 Final Plat Unit 1 Approved Development Prestwick and E of Windett Ridge Kendall Marketplace Harlem Irving NW Corner of Rt.34 and Cannonball Trail Single Family 28 192.1 Rezoning,Concept PUD,and Preliminary PUD Town Homes 164 Approved;Final Plat Under Review Kendallwood Estates of Yorkville Kendall Land N of Rt.126,N to just below Van Emmon Rd.,and Single Family 70 37.58 Final Plat Under Review Development,LLC directly across from Wildwood Kylyn's Crossing West AMG Homes SW Corner of Faxon Road and West Cannonball Tr. Single Family 111 56.6 94.59%Built Out(105 Units) S of Faxon Rd.,W of West Cannonball Tr.and Kylyn's o Kylyn's Ridge AMG Homes Single Family 134 70 100/o Built Out(134 Units) Crossing West Longford Lakes Montalbano Immediately S of Jewel,N of Walnut St.,E of Rt.47,W of Town Homes 62 13.6 84%Built Out(52 Units) McHugh Rd. McKinnon Farm York Venture,LLC N Comer of Rt.71 and Rt.126 Single Family 774 449 Pre Concept Plan Condominiums 386 MPI South(Tuttle,Burkhart,Kuhn,and Holt) MPl E to Rt.47,W to Immanuel Walker Single Family 936 906.44 N past Ament,and S past Town Homes 504 Annexation,Zoning,and Preliminary PUD Plan Walker Rd. Under Review Condominiums 325 Prairie Gardens S&K Development W of Rt.47,between Fox Road and Rt.71(N of Senior Homes 56 24.2 100%Built Out(56 Units) LLC Greenbriar) Menard's-AMG E of Menards,Stretching N to Kennedy Rd.and W to Rt. Single Family 18 142.2 20.65%Built Out Prairie Meadows Homes 47 Single Family 145 (14 SF of"18",75 SF of Lots 18+) Multi-Family 268 Prestwick of Yorkville Mallard SW Comer of Ashley Rd.and Rt. Single Family 345 193.8 Annexation and Zoning Approved,Final Plat Unit I Development Under Review S of Rt.71 Between Rt.47 and Rt.126(Immediately S Single Family 404 320 Final Plats Units 1-6 Approved Raintree Village Concord,Lennar and surrounding Country Hills Duplex 128 51.88%Built Out(205 SF,46 DU,25 TH) Town Homes 128 *This chart represents only the developments that are a � still caneidered active N developing as of December 31,2006. This chart does NOT represent or depict all of the ` � ` developments and suldivisions in the city. UNITED ED CITY OF YORKVILLE Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status River's Edge The Windham N of W.Fox St.,Immediately W of White Oak Estates Single Family 166 96.906 93.98%Built Out(156 Units) Group Single Family 40 270.6 Concept PUD Stage Duplex 24 E of NE Comer of Rt.34 and Eldamain Rd.,and N of Fox Town Homes 92 Rob Roy Falls Sexton Hill Condominiums 224 Age Restricted Single Family 40 Age Restricted Duplex 140 Age Restricted Apartment 360 Single Family 108 Annexation and Concept PUD Approved Schramm Property SE Corner of Rt.47 and Baseline Road/Rt.30 Town Homes 110 Condominiums 592 Silver Fox Subdivision Midwest S of Fox Rd.,E of SE comer of Pavillion Rd and Fox Rd. Single Family 187 102.7 Annexation and Zoning Approved,Preliminary Plan Under Review Six Pillars of Yorkville W of NW Corner of Walker Rd.and Immanuel Rd., Single Family 632 350.37 Annexation,and Zoning Under Review Stretching N to E.Highpoint Rd. Sunflower Estates William Ryan NW corner of Rt.71 and Rt.47,Immediately S of Single Family 117 65.19 99.15%Built Out(116 Units) Greenbriar Tanglewood Trails Tanglewood East Side of Highpoint Rd.,S of Legion Single Family 39 67 1.5 mile review and Annexation Approved Townes at Windett Reserve Wiseman Hughes N of NE Comer of Ament Road and Rt.47,Immediately S and Contiguous to Windett Ridge Town Homes 198 91.79 Annexation,Zoning,and Preliminary Plan Approved Villas at the Preserve Burnside W of SW Corner of Rt.47 and Rt.71,Across from Duplex 84 23.95 Final Plat Approved Sunflower Estates 4.76%Built Out(4 Units) Walnut Enclave Pasadena N of Walnut Street,Between Freemont St.and McHugh Town Homes 24 3.175 Concept Plan Under Review Development Group Rd. Westbury East Village Ocean Atlantic SW Comer of Galena Rd.and Rt.47 Single Family 293 300 Amendment to Annexation Agreement and Town Homes 605 Preliminary PUD Plan Approved Westbury South Village Ocean Atlantic SE Comer of Comeils Rd.and Beecher Rd. Single Family 181 130 Amendment to Annexation Agreement and Town Homes 294 Preliminary PUD Plan Approved •mtia sham tepresenta only We devclaprnettta that am still mneidered active in developing as of December 31,2006. This chart does NOT represent or depict all of the developmenu and subdivisions in the city. UNITED ED C ITY OF YORKVI LLE Current and Pending Residential Development Key* Property/Development Name Developer Location Types of Units Units Acres Status SE Corner of Galena and Eldamain Rd.,Stretching E to Single Family 749 750 Annexation,Zoning,and Concept PUD Under Westbury North,West,and Central Villages Ocean Atlantic Westbury East Village,and South to Westbury South Town Homes 1110 Review Village Condominiums 690 Lakewood Homes Single Family 484 586.1 Westhaven and Marquette Land NW Comer of Rt.47 and Galena Rd. Age Restricted Single Family 568 PUD Amendment Approved Age Restricted Duplex 244 Whispering Meadows Kimball Hill Homes N of corner of W.Cannonball Tr and Faxon Rd.,S of Single Family 445 297.6 31.24%Built Out(139 Units),Final Plats 1-4 Burlington Northern RR Tracks Approved White Oak Estates N of W.Fox St.,W of Morgan St. Single Family 94 113.776 93.62%Built Out(88 Units) Single Family 218 283 Annexation,Zoning,and Preliminary PUD Plan White Pine Farms Tanglewood NE Corner of Galena Rd.and Eldamain Rd. Town Homes 242 Under Review Wildwood Custom E of NE corner of Rt.47 and Rt.71 Single Family 43 27.76 90.70%Built Out(39 Units) Windett Ridge Wiseman Hughes E and SE of corner of Rt.47Radnd Legion Road,N of Ament Single Family 280 163 31.43%Built Out(88 SF) Wynstone Townhomes Wyndham S of SE Corner of Rt.47 and Rt.71,Immediately W of Town Homes 56 9.64 PUD Plan Under Review Deerpoint Fox Highlands York Wood Estates Wyndham S of Rt.71,between Highpoint Rd.and Pavilion Rd. Single Family 198 178,3 Annexation,and Zoning Approved; Deerpoint Preliminary Plan Under Review Yorkshire Estates Montalbano E of SE Corner of Rt.47 and Ament Rd. Single Family 293 155.825 Final Plat Unit I Approved Yorkville Senior Apartments Supportive Living, W of Rt.47,S of Greenbriar Rd.N of Sunflower Estates Apartments 50 3.48 PUD Agreement Approved LLC Single Family Total- 14243 Town Homes Total- 5779 Total Units on Key Estimated Units Still Multi-Family Total- 268 Senior Homes Total- 56 26239 To Be Constructed Duplex Total- 1116 Age Restricted Single Family- 608 22749 Apartment Total- 350 Age Restricted Duplex- 384 Condominium Total- 2991 Age Restricted Apartment- 360 -This had represents only the develop nwns that— _ still considered actiw in dewloping as of neceanba 31,2006. This chart does NOT represcrt or dcpict all of the t dcwlopruents end subdivisions to the city. UNITED CITY OF YORKVILLE Population Projection Post Post Actual 2007 2008 2009 2010 2011 2012 2012 2012 Name of Current Development Total Buildout 2007 Left Build 2007 Build 2008 Build 2009 Build 2010 Build 2011 Build 2012 Build Build Entitled Developer Unit Type Units 2006 To Build Out PE Out PE Out PE Out PE Out PE Out PE Out Out PE Aspen Ridge Estates Aspen Ridge Estates,LLC Single Family 218 0 218 15 56 25 94 40 150 50 188 50 188 38 143 0 0 Autumn Creek Pulte Homes Single Family 317 20 295 30 113 30 113 50 188 50 188 50 188 50 188 35 131 Town Homes 258 67 191 60 132 60 132 60 132 11 24 0 0 0 0 0 0 Bailey Meadows Inland Single Family 189 0 189 0 0 10 38 20 75 40 150 40 150 40 150 39 146 Town Homes 153 0 153 0 0 10 22 20 44 40 88 40 88 43 95 0 0 Blackberry Woods McCue Builders Single Family 53 0 53 10 38 20 75 23 86 0 0 0 0 0 0 0 0 Single Family 82 0 82 10 19 20 38 30 57 22 42 0 0 0 0 0 1 0 Briarwood Triangle Investments Single Family 41 1 34 10 38 10 38 14 53 0 0 0 -Q. 0 0 0 0 Single Family 467 64 383 20 75 50 188 50 188 50 188 50 188 50 188 113 424 Duplex 182 0 182 0 0 0 0 0 0 50 118 50 118 50 118 32 75 Bristol Bay Centex Town Homes 802 99 641 60 132 100 220 100 220 100 220 100 220 100 220 81 178 Condominiums 624 160 368 100 190 80 152 80 152 80 152 28 53 0 0 0 0 Single Family 271 0 271 10 38 40 150 50 188 50 188 50 188 50 188 21 79 Bristol Ridge Pacific Homes Duplex 92 0 92 10 24 20 47 30 71 32 75 0 0 0 0 0 0 Town Homes 57 0 57 0 0 20 44 20 44 17 37 0 0 0 0 0 0 a Caledonia Wyndham Deerpoint,Saratoga Single Family 206 28 178 20 75 30 113 30 113 30 113 40 150 n 28 105 0 0 Chally Property Wyndham Deerpoint Single Family 234 0 234 0 0 20 75 30 113 45 169 50 188 50 188 x 39 146 Cimarron Ridge Custom Single Family 29 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G Duplex 46 2 8 8 19 0 0 0 0 0 0 0 0 0 0 0 0 Comeils Crossing Pacific Homes Single Family 31 0 31 10 38 21 79 0 0 ¢ 0 0 0 0 0 0 0 0 Country Hills Dennis Dwyer,Inc. Single Family 138 3 28 5 19 5 19 5 19 ` 13 49 0 0 0 0 0 0 Duplex 34 0 34 5 12 5 12 5 0 0 0 0 0 12 19 45 0 1 Evergreen Farm Tanglewood Single Family 76 0 76 0 0 15 56 25 94 25 94 11 41 ` 0 0 ti 0 `' 0 Single Family 228 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Fox Hill Dresden Duplex 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Town Homes 144 6 25 10 22 15 33 0 0 g 0 0 0 0 0 0 0 Single Family 1324 81 1127 60 225 120 450 120 450 120 i 450 120 450 120 450't 467 1;1,751 Grande Reserve MPI Duplex 394 14 380 25 59 40 94 40 94 40 94 40 94 40 94 155 >364 Town Homes 632 118 514 80 176 60 132 60 132 60 132 60 :'132 60 1321 134295 Apartments 300 0 300 150 285 150 285 0 0 0 0 0 0 0 0 0 0 Heartland Circle Marker Single Family 250 42 132 40 150 40 150 40 150 12 45 0 0 0 0 0 0 Heartland Subdivision Marker Single Family 186 7 7 7 26 0 0 0 0 0 0. 0 0 0 0 0 G Hudson Lakes Mallard Development Single Family 253 0 253 0 0 30 113 50 1�!8 50 188 70 53 199 0 0 Kendall Marketplace Harlem Irving Single Family 28 0 28 0 0 20 75 8 , 0 0 0 0 0 0 0 0 p Town Homes 164 0 164 0 0 75 165 75 165 14 31 0 0 0 0 0 0 Kendallwood Estates of Yorkville Kendall Land Dev. Single Family 70 0 70 10 38 20 75 40 150 0 0 0 0 'm 0 k' 0 0 0 a Single Family 18 1 4 4 15 0 0 0 0 0 0 0 0 0 0 0 0 Prairie Meadows Menard's-AMG Homes Single Family 145 32 66 30 113 25 94 11 41 0 0 0 0 0 0 0 0 Multi-Family 268 0 268 0 0 50 95 75 143 75 143 50 18 0 0 Prestwick of Yorkville Mallard Development Single Family 345 0 345 30 113 60 225 75 281 90 338 90 338 0 0 0 0 Single Family 404 47 241 40 150 40 150 50 188 50 188 50 188 11 41 0 0 Raintree Village Concord,Lennar Duplex 128 30 82 25 59 25 59 32 75 0 0 0 0 0 0 0 0 Town Homes 128 25 103 25 55 25 55 25 55 28 62 0 0 0 0 0 0 River's Edge The Windham Group Single Family 166 8 40 10 38 10 38 10 38 10 38 0 '0 =. 0 0 0 Single Family 108 0 108 0 0 0 0 20 75 40 150 48 180 0 0 0 0 Schramm Property Town Homes 110 0 110 0 0 0 0 20 44 40 88` 50 - 110 0 0 0 0 Condominiums 592 0 592 0 0 0 0 0 0 150 285 150 285,. 150 285 142 ? 270 �ry a Silver Fox Subdivision Midwest Single Family 187 0 187 0 0 30 113 30 113 30 113 30 113, 30 113 37 139 s Townes at Windett Ridge Wiseman Hughes Town Homes 198 0 198 0 0 50 110 50 110 50 110 48 <' 106 0 0 " 0 0 Villas at the Preserve Burnside Duplex 84 4 80 10 24 20 47 20 47 15 15 0 0 0 0 Walnut Enclave Pasadena Development Group Town Homes 24 0 24 0 0 24 53 0 0 0 d:, 0 D 0 0 0 0 Westbury Village East Village Ocean Atlantic Single Family 293 0 293 20 75 50 188 75 281.,, 75 281' 73 2741 0 0 t 0 0 ry 9 9 Town Homes 605 0 605 20 44 50 110 75 165 75 165 100 220 125 275 160 352 1 Westbury South Village Ocean Atlantic Single Family 181 0 181 0 0 20 75 50 188 50 188 50 188 11 41 0 0 Town Homes 294 0 294 0 0 20 44 50 110 50 110 50 110 50 110 74 163 Single Family 484 0 484 0 0 0 0 25 94 25 94 25 94 30 113:' 379 N 1,421 Westhaven Age Rest.SF 568 0 568 0 0 50 9C 100 180 100 180 100 180 100 180'{ 118 F 212 Age Rest.DU 244 0 244 0 0 25 45 25 45 25 45 25 45 30 54?: 114 1t 205 T Whispering Meadows Kimball Hill Homes Single Family 445 81 308 60 225 75 281 75 281 50 188 48 180 0 0 0 0 Windett Ridge Wiseman Hughes Single Family 280 27 207 25 94 40 150 40 150 40 150 40 150 22 83, 0 0 �1 t Wynstone Townhomes Wyndham Deerpoint Town Homes 56 0 56 0 0 30 6E. 26 57 0 0 0 0 0 0 0 0 York Wood Estates Wyndham Deerpoint Single Family 198 0 198 0 0 25 94 30 113 30 113 30 113 30 113 53 199 Yorkshire Estates Montalbano Single Family 293 0 293 0 0 10 38 20 75 30 113 40 150: 50 0 143 : 536 Yorkville Senior Apartments Supportive Living Facility,LLC Apartments 50 0 50 50 95 0 0 0 0 0 0 0 0 0 0 0 0 967 12809 Current Developments Per Year Totals 1,114 3,099 1,915 5,497 2,124 6,307 2,148 6,245 1,961 5,853 1,429 3,900 2,336 7,086 City Population With Current Developments Only 15,000 18,099 23,596 29,903 36,148 42,001 45,901 52,987 This chart represents all developments on the City Development Key,and contains developments in concept stage. Commencement of construction and completion of buildout within the territories of the United City of Yorkville and the projected planning area may occur in phases. The City does sL warrant the accuracy of the information contained within this chart,and therefore is to be used as a planning tool only. The chart in no way represents an agreement between the City and any developer. Jan-07 Page 1 of 2 UNITED CITY OF YORKVILLE Population Projection Post Post Actual 2007 2008 2009 2010 2011 2012 2012 2012 Name of Future Development Total Buildout 2007 Left Build 2007 Build 2008 Build 2009 Build 2010 Build 2011 Build 2012 Build Build Not Entitled Developer Unit Type Units 2006 to Build Out PE Out PE Out PE Out PE Out PE Out PE Out Out PE Brighton Oaks II Fox Valley View Single Family 54 0 54 0 0 0 0 10 38 20 75 24 90 0 0 0 0 Single Family 162 0 162 0 0 0 0 0 0 10 38 20 75 50 188 82 308 Conover-Fisher Property Duplex 60 0 60 0 0 0 0 10 24 20 47 20 47 10 24 0 0 Town Homes 60 0 60 0 0 0 0 10 22 20 44 20 44 10 22 0 0 Condominiums 150 0 150 0 0 0 0 30 57 50 95 50 95 20 38 0 0 Dhuse Farm RA Faganel Builders Single Family 167 0 167 0 0 10 38 30 113 30 113 45 169 45 169 7 26 Edward Health Ventures Edward Health Ventures Single Family 30 0 30 0 0 15 56 15 56 0 0 0 0 0 0.a` 0 0 s Fox River Bluffs Inland Single Family 450 0 450 0 0 0 0 0 0 10 38 30 113 40 0 370 :.'1,388 Harris Farm Meadowbrook Single Family 348 0 348 0 0 0 0 0 0 20 75 50 188 75 281; 203 761 1 f Heartland Crossing Marker Single Family 792 0 792 0 0 0 0 10 38 30 113 50 188{ 75 281 627 2,351 a McKinnon Farm York Venture,LLC Single Family 774 0 774 0 0 0 0 0 0 50 188 50 1881, 75 281 599 ?2,246 Condominiums 386 0 386 0 0 0 0 0 0 50 95 50 95., 50 95 236 448 MPI South(Tuttle,Burkhart,Kuhn, Single Family 598 0 598 0 0 10 38 100 375 100 375 100 375 100 ' 375 188 705 and Holt) MP1 Town Homes 504 0 504 0 0 0 0 40 88 60 132 60 132 60 1326 284 625 Condominiums 325 0 325 0 0 0 0 0 0 0 0 175 333 150 285 0 0 Single Family 120 0 120 0 0 0 0 20 75 40 150 40 150 20 75 0 0 Rob Roy Falls Sexton Town Homes 204 0 204 0 0 0 0 20 44 40 88 50 110 50 110 44 s 97 Condominiums 174 0 174 0 0 0 0 20 38 40 76 40 76 50 95. 24 46 Six Pillars of Yorkville Single Family 632 0 632 0 0 0 0 10 38 40 150 50 188 75 281 457 = 1.714 Tanglewood Trails Tanglewood Single Family 39 0 39 15 56 24 90 0 0 0 0 0 0 0 0 0 0 Walnut Enclave Pasadena Town Homes 24 0 24 0 0 24 53 0 0 0 0 0 0 0 0 0 - 0 R Westbury West,North,and Central Single Family 749 0 749 0 0 0 0 50 188 50 188 50 188 50 188 549 ?=2,059 Village Ocean Atlantic Town Homes 1110 0 1110 0 0 0 0 100 220 100 220 100 220 100 2201 710 '::1,562 Condominiums 690 0 690 0 0 0 0 75 143 75 143 75 143 75 143". 390 ?'741 White Pines Farm Tanglewood Single Family 218 0 218 0 0 0 0 10 38 25 94 30 113 30 113 123 461 Town Homes 242 0 242 0 0 0 0 10 22 25 55 30 66 30 66 147 323 9062 ,ego crry Future Developments Per Year Totals 15 56 83 275 570 1,617 905 2,592 1,209 3,386 1,240 3,462 5.040 15,861 ar ' ti Future Developments Population Totals 0 56 331 1,948 4,540 7,926 11,388 27,249 °'a o Current and Future Per Year Totals 1,129 3,155 1,998 5,772 2,694 7,924 3,053 8,837 3,170 9,239 2,669 7,362 7,376 22,947 GE�Vy� City Population with Current and Future Developments 15,000 18,155 23,927 31,851 40,688 49,927 57,289 80,236 This chart represents all developments on the City Development Key,and contains developments in concept stage. Commencement of construction and completion of buildout within the territories of the United City of Yorkville and the projected planning area may occur in phases. The City does not warrant the accuracy of the information contained within this chart,and therefore is to be used as a planning tool only. The chart in no way represents an agreement between the City and any developer. Jan-07 Page 2 of 2 Reviewed By: Legal ❑ City Council Finance ❑ EST. � 1836 Engineer ❑ Agenda Item Tracking Number -4 City Administrator E] 9 cwnqg �O Consultant ❑ E--bQ-1 CE Human Resources F1 City Council Agenda Item Summary Memo Title: Raymond Regional Outfall Funding Update—Shortfall City Council/COW/Committee Agenda Date: January 16, 2007 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: �`, otry� United City of Yorkville Memo 800 Game Farm Road ESE 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �p Fax: 630-553-3436 LE Date: January 10, 2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk Subject: Raymond Regional Storm Water Outfall Construction/Funding Update Construction of the Raging Waves Waterpark, (as well as ongoing development of the Bristol Bay, Westbury and Caledonia residential developments)make it imperative that the Raymond Regional Storm Water Outfall be constructed immediately. The high water table, which will be remedied by the Outfall is causing particular, delay and cost to Raging Waves. Raging Waves has announced an anticipated opening date of Memorial Day Weekend. Staff is concerned that the City may be blamed if the opening is delayed because the Raymond Outfall has not been constructed on time. As you are aware, the City has entered into agreement with James Ratos, Ocean Atlantic, Wyndham Deerpoint(July 25, 2006) and Centex(December 26, 2006) to for funding and construction of the Raymond Regional Stormwater Facility outfall. The City has received a bid from, and will enter into contract with,Wheaton Trenching to perform the outfall construction work totaling $1,188,114.25. In addition to the construction cost for the outfall, construction engineering services are estimated at$35,000 for the project totaling$1,223,114.25. Mr. Ratos and Wyndham Deerpoint have paid their portion. The Centex payment is not due until the end of February,however, staff does not anticipate any difficulty in collecting that paymnent. This leaves Ocean Atlantic. The City's request made October 2, 2006 with reminders sent November 3, 2006 and November 27, 2006 to Ocean Atlantic (OA)have not been answered and the required $500,000 contribution from OA has not been received. Staff recommends City Council consider funding the improvement with reserve funds to make up for the$500,000 that Ocean Atlantic has not paid. This will avoid delay while the City waits for the remaining the Ocean Atlantic payment and/or uses seeks litigation to collect the amount. c/ry Reviewed By: J� .-% �-t► Legal ❑ City Council Finance ❑ EST. 1836 _ Engineer ❑ m City Administrator ❑ Agenda Item Tracking Number Consultant El PC 2006-$� .y PC Q00(0 $5 j4 �`,r?� Human Resources F-1 1E City Council Agenda Item Summary Memo Title: Edward Health Ventures-Annexation Agreement and Concept PUD Plan City Council/COW/Committee Agenda Date: January 16,2007 Synopsis: Council Action Previously Taken: Date of Action: December 19,2006 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Approval Annexation Agreement and Concept PUD Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: 2`�tio CST 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: January 11,2007 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering,Deputy Clerk Subject: Edward PUD Concept Plan Request: Concept PUD Background: • Plan Commission reviewed the request for Concept PUD plan approval November 8, 2006 and motion to recommend approval of Concept PUD with preservation of wooded area of the property- 5 yes; 0 no; 1 abstaining • Public Hearing was held December 19,2006 by City Council General Comments The property is currently zoned R-2,R-4,B-1 and M-1 based on an April 14, 1983 annexation agreement and zoning determined at that time. The proposed PUD includes predominately medical center oriented uses with a 5 acre commercial outparcel and 30 single family lots ranging from 12,000 to 50,000 square feet. Based on the mix of land uses proposed for this property,the PUD zoning classification would be appropriate. Comprehensive Plan Recommendations for Proverty The uses proposed substantially comply with the recommendations of the Comprehensive Plan. The Comprehensive Plan Land Use Plan for the area recommends Commercial Use near the intersection of 71 and 126 (approximately the eastern 1/3 of the property),Transitional Neighborhood west of the commercial(approximately the central 1/3 of the property),and Suburban Neighborhood(gross density 1.5-2.25 units per acre)on the western 1/3 of the property. PUD Concept Plan Comments 1. The existing Wildewood Subdivision currently has only one means of ingress/egress. The plat for Wildwood includes two street stubs into this property which the Concept PUD proposes to extend. However,there will still be only one means of ingress/egress. Staff recommends requiring a minimum of one additional access from the residential component of the plan to a public road. This could be accomplished with an emergency access. 2. The proposed 5 acre outlot is adjacent to residential uses to the west and is located in an area recommended to be residential use by the Comprehensive Plan. Based on the configuration proposed by the Concept PUD plan,the corner location would be an appropriate site for commercial use,however. Staff recommended limitations to the B-3 uses permitted by the zoning ordinance to ensure this commercial use is appropriate in terms of intensity which the petitioner addressed in an exhibit to the Concept PUD narrative. Annexation Aereement Comments Since the Public Hearing December 19,2006 the agreement was modified to include additional provisions regarding the wooded area on the western portion of the property adjacent to the Wildwood Subdivision. Refer to the following sections of the January 11, 2007 draft agreement: - A.ii.(c), (d)and(e. a-c). Staff recommends eliminating item c—and relying on the previous described events. All previous staff comments regarding the annexation agreement have been addressed in the 1/11/07 draft. STATE OF ILLINOIS ) DRAFT November 16, 2006 November 22, 2006 November 27, 2006 COUNTY OF KENDALL ) November 28, 2006 November 29, 2006 November 30, 2006 December 21, 2006 January 2, 2007 January 9, 2007 January 11, 2007 AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE FOR FOX VALLEY FARM PARTNERSHIP,AN ILLINOIS PARTNERSHIP AND EDWARD HEATLH VENTURES,AN ILLINOIS NOT-FOR-PROFIT CORPORATION THIS AGREEMENT is made and entered into this day of , 2006 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), FOX VALLEY FARM PARTNERSHIP, AN ILLINOIS PARTNERSHIP, (hereinafter referred to as OWNER), and EDWARD HEALTH VENTURES,AN ILLINOIS NOT-FOR-PROFIT CORPORATION of the County of DuPage, State of Illinois (hereinafter referred to as "DEVELOPER"). WITNESSETH WHEREAS, OWNER is the OWNER of real property which is the subject matter of said Agreement comprising approximately 92.26 gross surveyed acres,more or less, and is more particularly described in the attached Exhibit"A",which is attached hereto and incorporated herein by reference and is hereinafter referenced as the"SUBJECT PROPERTY"; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any 1 portion thereof classified as flood plain; and WHEREAS, the SUBJECT PROPERTY and other real property still owned by the OWNER was previously annexed to the CITY, and was previously zoned pursuant to CITY ORDINANCE; and WHEREAS, OWNER and DEVELOPER desire to re-zone the SUBJECT PROPERTY described in Exhibit"A" as a Planned unit Development, permitting the development of the SUBJECT PROPERTY for B-3 Service Business District uses as set out in Exhibit "C-1" attached hereto and incorporated herein by reference, and the medical, health and related or similar uses set out in Exhibit "C-2" attached hereto and incorporated herein by reference; and R-2 One Family Residence District uses as set out and demonstrated in Exhibit"B" attached hereto and incorporated herein by reference and which is entitled"Concept Plan" as prepared by Schoppe Design and dated October 5, 2006; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re-Zone the SUBJECT PROPERTY, and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER and the CITY for B- 3 Service Business District and R-2 One Family Residence District; and WHEREAS, OWNER and DEVELOPER have presented, and the CITY has considered, the Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit"B" as B-3 Service Business District and R-2 One Family Residence District to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY in order to provide health care services; and 2 WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly mamier; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on November 8, 2006 in front of the CITY Plan Commission and in front of the CITY Council on December 19, 2006, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment/ Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- -3— 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance re-zoning the SUBJECT PROPERTY described herein in the attached Exhibit"A"; subject to the further terms of this Agreement as a Planned Unit Development, permitting the land uses set out as B-3 Service Business District in Exhibit"C-1" attached hereto and incorporated herein by reference and as more fully described in subparagraph(iii), below, and the medical, health and related or similar uses of DEVELOPMENT set out in Exhibit"C-2" attached hereto and incorporated herein by reference(the"Permitted Use List"); and to permit Single Family Residence uses in the areas depicted on Exhibit`B" attached hereto pursuant to the CITY R-2 One Family Residence District 2. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the B-3 Service Business District and where applicable for residential purposes as set forth in the R-2 One Family Residence District. (1) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Concept Plan,which is incorporated herein and made a part hereof by reference as Exhibit`B", as prepared and dated October 5, 2006. However re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (ii) (a) DEVELOPER shall be responsible for providing landscaping, in conformance with CITY Ordinance along the western boundary as demonstrated in Exhibit "D- -4— 2"of the SUBJECT PROPERTY including preserving as much of the tree line along the West boundary of the property as is reasonably possible. No permanent trees covering utilities shall be planted on the right-of-way adjacent to the SUBJECT PROPERTY. (b) DEVELOPER shall establish the landscape buffer along Illinois State Routes 126 and 71 behind the proposed Right-of-Way expansion line as provided by the Illinois Department of Transportation prior to Final Plat Approval. If said expansion line is not provided by the Illinois Department of Transportation prior to Final Plat Approvals,DEVELOPER may rely upon existing record Right-of- Way Lines. (c)A Tree Survey on-site shall be conducted by OWNER and DEVELOPER and the same shall be submitted to the United City of Yorkville within 60 days of approval of this Agreement by the United City of Yorkville. (d) OWNER and DEVELOPER further agrees to use its best efforts in the development of the subject R-2 One Family Residence District portion of the subject property in order to maximize and protect the wooded areas of the site in conformance with Exhibit"D-1 and D-2" attached hereto and incorporated herein by reference. (e) OWNER/DEVELOPER and CITY agree that in the event the CITY is either through its own efforts or independent grants able to secure funds to purchase a portion of the wooded area North of Street B and West of the North-South Collector Street separating the residential and commercial portions of the development on the subject —5— property as shown in Exhibit"D-1" from OWNER/DEVELOPER, that OWNER/DEVELOPER would in fact enter into negotiations for the sale of that portion of the wooded areas in order to preserve said wooded area at a price that is acceptable to the then OWNER of the subject property at the time of said written offer by the CITY to purchase the same. Expiration of the CITY Right to Offer to purchase said parcel shall terminate upon the earlier of: a) OWNER/DEVELOPER filing a Petition to Approve Preliminary Plat of Subdivision for the residential portion of the development; or b) Written notice by the OWNER/DEVELOPER, or their assigns to the CITY disclosing that a third party offer has been received to sell the wooded parcel and failure of the CITY to provide written notice to OWNER/DEVELOPER of CITY's agreement to purchase the subject wooded parcel at the price tendered to the CITY by SELLER; within Thirty(30) days of the date of such notice to OWNER/DEVELOPER ; or In the event the CITY tenders a written acceptance of said purchase offer to SELLER, closing shall be within Thirty(30) days of CITY's written acceptance; or c) Three Hundred and Sixty Five (365) days from the execution of this Agreement by the CITY. Nothing contained herein shall act as a stay of any development plans OWNER/DEVELOPER may have with respect to the subject parcel, in the event development is sought prior to any offer being made to purchase the same by the CITY. OWNER and DEVELOPER agree that OWNER and DEVELOPER shall be permitted to conduct the uses on the SUBJECT PROPERTY that are excerpted —6— from the United CITY of Yorkville Zoning Classification for O-Office District, B- 1 Limited Business District, B-2 General Business District, B-3 Service Business District which are attached hereto and incorporated herein as Exhibit"C-1", and any permitted uses within those Districts that the CITY may create in the future, as well as the list of permitted medical, health and related or similar uses as set out in Exhibit"C-2" attached hereto and incorporated herein by reference. OWNER/DEVELOPER agree that they shall not be permitted to conduct on site any permitted uses which have been previously excepted from the current United CITY of Yorkville Zoning Ordinances as are excepted out of Exhibit C-1 of this Agreement by the United CITY of Yorkville. (iv) That in all other respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. (v) DEVELOPER shall establish a Thirty(30')Foot front building setback line for principal structures, but OWNER and DEVELOPER may install parking, signage, and landscaping in said setback. Adjacent to interior streets,parking shall be maintained with at least a Ten(10) foot setback from said roadway. In relation to Route to Route 126 and Route 71 a Thirty(30') foot parkway setback. B. The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building pen-nit on the subject parcel, a site development plan shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with -7- the CITY Preliminary and Final Platting process without further public hearing. 3. CITY'S AGREEMENTS. A. (i) The CITY agrees that due to the nature of the non-residential use and zoning classification of the B-3 portion of the SUBJECT PROPERTY, OWNER and DEVELOPER have no obligation to pay School Transition Fees, School Land-Cash Fees, Park Land Cash Fees,or Municipal Building Fees with respect to the portion of the SUBJECT PROPERTY that is zoned B-3. (ii) As to the residential portion of the SUBJECT PROPERTY, all customary and normal fees as are required to be paid pursuant to the United City of Yorkville Ordinances shall be paid at time of Final Plat Approval or upon application for building permits as are set out respectively in applicable City Ordinances, pursuant to Exhibit "E" a copy of which is attached hereto and incorporated herein by reference. B. DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY water or Sanitary Sewer System at the time of improving the SUBJECT PROPERTY and upon CITY approval of this Annexation Agreement, and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. C. In the event DEVELOPER is required to financially participate and improve the main North/South entrance as to the collector street to provide access to the commercial portion of the subdivision, and/or to provide signalization and on or off-site improvements to Illinois State Routes 126 or Route 71 CITY agrees to enact and pass: 1) Recapture Agreement for Road and Signalization Improvement Agreement —8— and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation; and 2)Permit an Economic Incentive Agreement to be requested by DEVELOPER as to any portion of the on and off-site, signalization on or offsite or collector costs not so recovered under paragraph(C)(1) above pursuant to such an Agreement out of% of any Sales Tax Receipts from users on the subject site in conformity with the United CITY of Yorkville Commercial Incentive Policy. Said Agreement may include sales tax rebates, real estate tax credits or fee credits as may be negotiated therein between the parties considering costs advanced by DEVELOPER and job creation in the community by DEVELOPER. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons, trusts,partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts,partnerships, firms, or corporations shall be entitled to the same rights and privileges, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. —9— 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Fann Road —10— Yorkville, IL 60560 With a copy to: John Wyeth 800 Game Farm Road Yorkville, IL 60560 To OWNER: Fox Valley Farm Partnership Dr. William Davis 11615 N. River Road Plano, IL 60545 With a copy to. Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 To DEVELOPER: President Edward Health Ventures 801 S. Washington St. Naperville, IL 60540 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 Attorney Hank Stillwell 300 E. Roosevelt Rd, Ste 300 P.O. Box 786 Wheaton, IL 60189 Vice President and General Counsel Edward Health Ventures 801 S. Washington St. Naperville, IL 60540 or to such other addresses as any party may from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. -11- In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2006. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr., Mayor Attest: CITY Clerk Dated: OWNER: By: Attest: Dated: DEVELOPER: —12— By: Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —13— EXHIBIT LIST Exhibit"A" Legal Description Exhibit`B" Concept Plan Exhibit"C-1" Ordinance for Business Districts Exhibit"C-2" Ordinance for Residential District Exhibit"D-1" Alternative Residential Development Sketch for Tree Preservation and Wooded Area Exhibit "D-2" Edward Health Care Design Standards for Preservation of Wooded Area in Residential Development Exhibit`B" City Building Permit Fees and Contributions for Residential Portion of the Development —14— 01/11/2007 13:33 FAX 630 553 5764 DANIEL J. KRAMER IM003/004 I f I D HEALTHCART"q EXHIBIT D - Yorkville, Illinois ALTERNATIVE RESIDENTIAL DEVELOPMENT SKETCH 50, APPROXIMATE EDGE CONSERVATION OF WOODED AREA EASEMENT LIr•t 5yoasF . �or� Lartn _. tsoopsF a, ry .s�taosr� 1 !IY LIT n - � Lvris Z�,epp sa- «yp sf ' ma /Kemp �`., RZAV Jr ..krlr saoavcs /f ON SF]y '�� 1%&w 5- (A6' WOODED OUTLOT 4.2 AC. Iiaw 4F ��� lOrti � �,000 9F LIr�P Ietr zm<_ a �.rV NOTES: I4 me , �' -30 SINGLE FAMILY S'TR LOTS FFj'e -1.1 AC. PARK -4.2 AC WOODED 114e— OUTLOT. SIZE ,� Yraf S.W.M. MAY CHANGE DUE moo, TO PRELIMINARY nr,aag� � AND FINAL ( s to a d ENGINEERING rso' REQUIREMENTS 17v0 Inv fwF� Iw�si C! mow or grmoo Cori ear OF •p n'�'� Ate' ! LI!ES /1,Ma SF S.W.M. 11 rl •� so• � soo' 400• SCHOPPE DESIGNASSOCZlTES,bVC II Lando peArchtWaa-e and Land P7annaxg REV.O 126 S.MAINST.. PH(630)996-730! 12-21-2006 0' 100 OSWEGO,IL 60513 FAX(630)M3228 1 01/11/2007 13:33 FAX 630 553 5764 DANIEL J. KRAMER IM 004/004 12-21-2006 Exhibit D-2 Edward Healthcare Facility Yorkville Design Standards for Residential Development within Wooded Area I. In order to allow for the preservation of existing trees,the following setbacks shall apply to residential lots located within the wooded areas and are to be applied without additional public hearing. a. Front Yard—20' b. Rear Yard—20' c. Combined Front Yard and Rear Yard Setback—70' d. Side Yard—5' e. Combined Side Yard Setback—20' 2. DEVELOPER shall provide a 50' Conservation Easement along the rear lot lines of all residential lots developed within the wooded area of the site. t 3. Minimum lot size for all single family residential lots developed within the wooded areas of the site shall be 16,000 square feet. 4. The DEVELOPER shall convey to the City a 1 acre park,located as shown on Exhibit D-1. The DEVELOPER shall convey to the City an additional area of the wooded out lot which is not less than one acre, nor more than 2 acres in size. Location and shape of said conveyance to be determined during preliminary and final platting. 5. To the extent that the standards outlined in Exhibits D-1 and D-2 differ from the ` City's Landscape Ordinance,the standards in Exhibits D-1 and D-2 shall apply. EXHIBIT"A" LEGAL DESCRIPTION THAT PART OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 7 IN"CROOKED CREEK WOODS"A SUBDIVISION RECORDED IN BOOK 14 OF PLATS AT PAGES 4 AND 5 AS DOCUMENT NO. 71-4055 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS; THENCE NORTH 00 DEGREES 56 MINUTES 13 SECONDS EAST ALONG THE EASTERLY LINE OF SAID SUBDIVISION 592.79 FEET TO A SOUTHERLY LINE OF LOT 4 IN SAID SUBDIVISION; THENCE NORTH 88 DEGREES 51 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE 121.34 FEET TO THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 00 DEGREES 56 MINUTES 20 SECONDS EAST ALONG THE MOST EASTERLY LINE OF SAID SUBDIVISION 550.70 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 57 DEGREES 34 MINUTES 51 SECONDS EAST ALONG SAID CENTER LINE OF SAID CENTER LINE EXTENDED 234.49 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 46 SECONDS WEST 51.43 FEET TO THE SOUTHWESTERLY LINE OF SAID ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 55 DEGREES 42 MINUTES 12 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE 378.83 FEET TO AN ANGLE IN SAID SOUTHWESTERLY LINE; THENCE SOUTH 52 DEGREES 40 MINUTES 01 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE; THENCE 43 DEGREES 17 MINUTES 43 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE; THENCE SOUTH 52 DEGREES 21 MINUTES 11 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE AND SAID SOUTHWESTERLY LINE EXTENDED 1874.55 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE SOUTH 72 DEGREES 06 MINUTES 49 SECONDS WEST ALONG SAID CENTER LINE 1115.28 FEET; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 114,592.0 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT, AN ARC DISTANCE OF 1466.67 FEET; THENCE SOUTH 72 DEGREES 50 MINUTES 49 SECONDS WEST 472.53 FEET TO THE SOUTHEAST CORNER OF"WILDWOOD, PHASE II, YORKVILLE, KENDALL COUNTY, ILLINOIS",A SUBDIVISION RECORDED AS DOCUMENT 930730; THENCE NORTH 17 DEGREES 09 MINUTES 11 SECONDS WEST ALONG AN EAST LINE OF SAID SUBDIVISION 60.0 FEET; THENCE NORTH 12 DEGREES 20 MINUTES 49 SECONDS EAST ALONG AN EAST LINE OF SAID SUBDIVISION 168.48 FEET; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MEADOW ROSE LANE,BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283.0 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 03 MINUTES 24 SECONDS EAST 23.74, AN ARC DISTANCE 23.75 FEET; THENCE NORTH 12 DEGREES 20 MINUTES 49 SECONDS EAST ALONG AN EAST LINE OF SAID SUBDIVISION 18.15 FEET; THENCE NORTH 29 DEGREES 30 MINUTES 49 SECONDS ALONG AN EAST LINE OF SAID SUBDIVISION 273.75 FEET; 10-7A-1 Exhibit "C-1" 10-7A-1 CHAPTER BUSINESS DISTRICTS ARTICLE A. 0 OFFICE DISTRICT SECTION: 10-7A-1: Uses Permitted 10-7A-2: Special Uses 10-7A-3: Lot Area 10-7A-4: Yard Areas 10-7A-5: Lot Coverage 10-7A-6: Maximum Building Height 10-7A-7: Off-Street Parking and Loading 10-7A-1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkville 10-7A-1 10-7A-1 Daycare Facility. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. - Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74). City of Yorkville 10-7A-2 10-7A-7 10-7A-2: SPECIAL USES: Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord._1973-56A, 3-28-1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-1974) 10-7A-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville 10-713. 1 10-7B-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE B. B-1 LIMITED BUSINESS DISTRICT SECTION: 10-7B-1: Uses Permitted 10-76-2: Special Uses 10-713-3: Lot Area 10-713-4: Yard Areas 10-713-5: Lot Coverage 10-713-6: Maximum Building Height 10-713-7: Off-Street Parking And Loading 10-713-8: Single-Family Apartments In Business Buildings 10-713-1: USES PERMITTED: Antique sales. Apartments, single-family, located in business buildings'. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. 1. See Section 10-713-8 of this Article. January 2000 City of Yorkville 10-7E-1 10-7B-1 Daycare Facility. Clothes - pressing and repair. Club - private indoor. Club - private outdoor. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand. Meat market. January 2000 Citv of Yorkville 10-713-1 10-713-2 Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 1994-11A, 2-10-1994) 10-7B-2: SPECIAL USES: A. Allowed: All special uses permitted in O District. Liquor store. B. Prohibited: January 2000 City of Yorkville 10-7B-3 10-713-5 10-7B-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1973-56A, 3-28-1974) 10-7B-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-1 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-1 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than twenty feet (20') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-1 District if the variance is sought for a parcel of real estate l: that is sought to be developed as a planned unit development _ because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than twenty feet (20') shall be required. A transitional yard shall be maintained only when the adjoining residential. district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) 10-7B-5: LOT COVERAGE: Not more than fifty percent (50 10) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkuille 10-7B-6 10-713-8 10-713-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25`) or two (2) stories. (Ord. 1973-56A, 3-28-1974) 10-713-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) 10-713-8: SINGLE-FAMILY APARTMENTS IN BUSINESS BUILD- INGS: A. Buildings To Comply With BOCA Code: Apartments may be on any floor of a business building, in conformance with BOCA Code. B. Containment Within Business Building: Said apartment must be contained in the business building and not exist separate and apart from the building. C. Number Of Apartments: In the case of a business which contained more than one apartment on a second floor above a first floor business, said business is allowed to have two (2) apartments maximum. D. Conflicting Provisions Repealed: 1. Any and all zoning ordinances which prohibit apartments in property zoned for business are hereby specifically revoked. 2. This amendment shall replace any ordinance which prohibits apartments in property zoned for business. (Ord. 1994-1A, 2-10-1994) January 2000 City of Yorkville 10-7C-1 10-7C-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE C. B-2 GENERAL BUSINESS DISTRICT SECTION: 10-7C-1: Uses Permitted 10-7C-2: Special Uses 10-7C-3: Lot Area 10-7C-4: Yard Areas 10-7C-5: Lot Coverage 10-7C-6: Maximum Building Height 10-7C-7: Off-Street Parking and Loading 10-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances - sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. City of Yorkville 10-7C-1 10-7C-1 Blueprint and photostat shop. Carry-out food service. Catalog sales office. Clothing store - all types. Daycare Facility. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. ;r Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorkville 10-7C. 1 10-7C-2 Paint/wallpaper store. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Apartments, single-family, located in business buildings'. 1. See Section 10-7B-8 of this Chapter. January 2000 City of Yorkville 10-7C-2 10-7C-4 Marina. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-1 A, 2-10-1994) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1986) 10-7C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a ^' variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) January 2000 Cit, of'Yorkuille 10-7C 5 10-7C-7 10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7C-6: MAXIMUM .BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 1973-56A, 3-28-1974) 10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville 10-7D-1 10-7D-4 Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10-1995) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. January 2000 City of Yorkville 10-7D-4 10-7D-7 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 Zoning District is located next to an arterial roadway, as defined in the City's Comprehensive Plan, a twenty foot (20') setback from the property line is required. �. 2. Nonarterial Roadways: When a parking lot located in the B-3 Zoning District is located next to a nonarterial roadway, as defined in the City's Comprehensive Plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11-5-1998) 10-7D-5: LOT COVERAGE: No more than fifty' percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35) or three (3) stories, not in excess of thirty five feet (35). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City or Yorkville 10-613- 1 10-613-3 CHAPTER RESIDENTIAL DISTRICTS ARTICLE B. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-613-1 : Uses Permitted 10-613-2: Special Uses 10-613-3: Lot Area And Allowable Density 10-6B-4: Yard Areas 10-6B-5: Lot Coverage 10-613-6: Maximum Building Height 10-613-1 : USES PERMITTED: The following uses are permitted: Any permitted use in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974) 10-613-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the R-1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. Bed and breakfast inns. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-36, 10-13-1994) 10-613-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: January 2000 City of Yorkville 10-613-4 10-613-6 A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-5.6A, 3-28-1974) 10-613-5: LOT COVERAGE: Not more than twenty percent (20%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-613-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville EXHIBIT "C-2" The CITY hereby agrees to rezone the Property as required to classify the portions of the Property legally described on Exhibit "A"hereto as B-3 Service Business District, allowing as permitted uses, for which a Public Hearing on said uses has been previously held, requesting the following uses specifically cited in the current United City of Yorkville Zoning Ordinances or as contained and permitted by the terms of this Agreement. It is the intention of the parties that the Property may and will be developed and operated for any of the uses set forth on the following"Permitted Use List", or those uses permitted under the existing United City of Yorkville O-Office District, B-1 Limited Business District, B-2 General Business District, and B-3 Business Service District as set out in attached Exhibit C- 1, and any permitted uses within those Districts that the CITY may create in the future. 1 Alternative health care facilities 2 Ambulatory medical facilities or centers for diagnosis or treatment, including,but not limited to, facilities or centers for ambulatory surgical treatment, immediate or urgent care services,renal dialysis services, cardiovascular care, oncology services, radiological imaging services, reproductive health and fertilization services, psychiatric/mental health or disability services, alcoholism/substance abuse services, developmental disabilities services,rehabilitation services, and optician or optometry services 3 Civic buildings 4. Clinic or Medical Health Center(as defined by the City Code: "An establishment where patients are admitted for special study and treatment by two or more licensed physicians or dentists and their professional associates,practicing medicine together.") 5. Clinical laboratories including,but not limited to, sleep laboratories 6. Cultural institutions, accessory to hospital, clinic, medical health center, or medical office or related use; or as permitted under applicable City Ordinance 7. Dwelling units, such as housing for employees, other health provider staff or patients 8. Education, training and conference facilities 9. Extended care facilities, including,but not limited to, nursing homes and assisted living facilities. 10. Health club/fitness or wellness center/reducing salons 11. Helipad for medical emergency medical services in conformance with applicable City, State and Federal regulations and in conformance with DEVELOPER'S Concept Plan incorporated herein in as Exhibit`B" 12. Hospitals as defined under applicable Illinois law 13. Medical research facilities and laboratories 14. Nursery schools or day nurseries,preschool and day care centers 15. Offices—business or professional; medical or dental - 16. Parking areas or garages, including elevated parking as is permitted to the maximum building height level as permitted from time to time for B-3 Service Business zoned districts within the United City of Yorkville. 17. Parks, playgrounds and forest preserves 18. Pharmacies and drug stores, including drive-in establishments 19. Public and private utility facilities 20. Religious institutions, accessory to the primary medical uses (or as permitted under the terms of the United City of Yorkville O-Office District,B-1 Limited Business District, B-2 General Business District, and B-3 Business Service District of the United City of Yorkville) 21. Residential care homes or community living facilities. "Residential Care Home" for the purposes of the Agreement shall be defined as follows: "any dwelling unit or living quarters wherein individuals are provided residential care. residential care home does not include a nursing home,hospital, adult daycare center, child daycare center or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense". "Residential care"is "maintenance(room and board), oversight, general watchfulness, and other appropriate services to meet the needs of residents including,but not limited to, social, recreational, medical, employment, educational, rehabilitative and other therapeutic services including but not limited to treatment of eating disorders, mental health disorders, and treatment of alcoholism/substance abuse which is enhanced by being provided to individuals with a common and related need for such services in a family like environment in a residential care home". "Community Living Facility" for the purposes of this Agreement shall be as defined under applicable Illinois law. 22 Restaurants 23. Rooftop antennas 24. Schools/colleges/special education, and education training and conference facilities, accessory 25. Senior housing—independent and skilled care 26. Services and businesses, including but not limited to, ambulance,barber shops, beauty parlors, flower shops, gift shops, laundries, clothes cleaning and laundry pickup stations, toy shops, orthopedic and medical appliance sales and fitting, and similar stores or shops for the conduct of business, all accessory to a permitted use. 27. Other uses, service and retail, which are of the same general character as the above permitted uses, as recommended by the zoning administrator, and approved by the City Council 28. Any other use related to the study or practice of medicine, diagnosing, treating or preventing disease and other changes to the mind or body and promoting good health. Any initial development on the SUBJECT PROPERTY by DEVELOPER shall be of first quality construction and architecturally designed so that building exteriors (including without limitation,signs and color)will be architecturally and aesthetically compatible and harmonious with DEVELOPER's other medical campus developments. { I � r EXHIBIT D - 1 Yorkville, Illinois ALTERNATIVE IIESIDENTIAL DEVELOPMENT SKETCH 50' APPROXIMATE EDGE CONSERVATION of WOODED AREA EASEMENT ter 5;°ct79F Fors �rJ° 25,p006F �- N .t3�bv r /dr�5f 60� 22,00D4F tort, 10tow0i _ to dflr1L . Ibta00sf - bor, •�,, too t-rm (6;acti79� ��'� loriy 2201%V Ap 1 ���1m116 ZZ,aa»sF 2 lrot3' ' /9,ao 5Ft 180 WOODED OUTLOT - kr2- -1 . 4.2 AC. ly,c°0 siF \oQ lora *000sF , for r to,tW� ,° `°r,��' NOTES: ?OIV-V -30 SINGLE FAMILY 3rRF� .?s• : LOTS -1.1 AC. PARK e -4.2 AC WOODED PRt�J� OUTLOT. SIZE ,.; S.W.M. (MAY CHANGE DUE TO PRELIMINARY cflr3� Is° -� � AND FINAL Jfn Sf fit' cm O ENGINEERING wrs� . /yn°0v f P /Aw s� rsor REQUIREMENTS ^so, 6vr 2d � �' corir IZ,pop /b,p7D 5f= , , A. �w/ ' 1Z f , l` GOTyw n,mav or- bet 4�. rs,° 26 12,oqo sc 27,app SP S.W.M. 50• zoo' aoo' SCHOPPEDESIGNASSOCIATES,INC. !j Landscape Architecture and Land Planning North 1268 MAINST. PH.(630)896-2501 REV.0 12-21-2005 0' 100' OSWEGO,IL.60543 FAX(630)896-3228 G? 12-21-2006 Exhibit D-2 Edward Healthcare Facility Yorkville Design Standards for Residential Development within Wooded Area 1. In order to allow for the preservation of existing trees, the following setbacks shall apply to residential lots located within the wooded areas and are to be applied without additional public hearing. a. Front Yard—20' b. Rear Yard—20' c. Combined Front Yard and Rear Yard Setback—70' d. Side Yard—5' e. Combined Side Yard Setback—20' 2. DEVELOPER shall provide a 50' Conservation Easement along the rear lot lines of all residential lots developed within the wooded area of the site. 3. Minimum lot size for all single family residential lots developed within the wooded areas of the site shall be 16,000 square feet. 4. The DEVELOPER shall convey to the City a 1 acre park, located as shown on Exhibit D-1. The DEVELOPER shall convey to the City an additional area of the wooded out lot which is not less than one acre,nor more than 2 acres in size. Location and shape of said conveyance to be determined during preliminary and final platting. 5. To the extent that the standards outlined in Exhibits D-1 and D-2 differ from the F City's Landscape Ordinance, the standards in Exhibits D-1 and D-2 shall apply. EXHIBIT `B" LIST OF FEES AND CONTRIBUTIONS TO WHICH THE SUBJECT REAL PROPERTY DEVELOPED FOR R-2 SINGLE FAMILY RESIDENTIAL PURPOSES SHALL BE SUBJECT: 1. Land Cash for School and Park District pursuant to the City Ordinance in effect at the date of Final Plat of Subdivision being passed by the City Council. 2. Sanitary Sewer and Water Connection Fees payable at the time of building permit on a non-discriminatory basis in the City at the time each respective building permit is applied for by the owner or builder on any given residential lot. 3. Building Permit Fees that are charged for any given residential lot at the time a building permit is applied for by the applicant. (No other Transition or United City of Yorkville Impact Fees are applicable to the subject Residential Development since the same has been annexed and zoned prior to the passage of any of those fees as levied by the United City of Yorkville or associated Governmental Agencies.) 8GTRRSP.O. BOX 488 m Minooka, 1L 60447.815/475-4665 • Fax 8151475-4669 .N.F November 1,2006 To Whom It May Concern: The woodland area North of Wildwood Phase 2 and East of Wildwood Phase 1 consists of a mixture of very mature hardwoods,including White and Burr Oak, Sugar Maple, White and Green Ash,Walnut and Cherry. The attached list and aerial map include the largest of these trees,which are over twenty-four(24)inch caliper,and their approximate locations. The total number of recordable trees,over four(4)inch caliper,is almost too numerous to document. I would estimate the age of the largest Oak trees to be approximately 150 years old. Due to the heavy timber soils,these trees have very shallow root systems and are extremely sensitive to any type of disturbance. Residential development of the area will destroy the majority of this woodland. Sincerely, Kevin Devries Certified Arborist #IL-0936A VADP.O. BOX 488 • Minooka, 1L 60447. 8151475-4665 •Fax 8151475-4669 r Wildwood Tree Survey 2006 Provided by Kevin Devries Certified Arborist#IL-0936A Survey completed 11/1/2006 Tree# Species Diameter(�BDI 1 White Oak 40 2 White Oak 25 3 Sugar Maple 26 4 Burr Oak 35 5 Burr Oak 27 6 Burr Oak 24 7 Burr Oak 29 8 Sugar Maple 26 9 Burr Oak 40 10 White Oak 24 11 Sugar Maple 24 12 Sugar Maple 24 13 Sugar Maple 29 14 Green Ash 22 15 Green Ash 26 16 Sugar Maple 24 17 Sugar Maple 25 18 Sugar Maple 24 19 Sugar Maple 24 20 Sugar Maple 26 21 Sugar Maple 24 22 Sugar Maple 26 23 Sugar Maple 26 24 Sugar Maple 24 25 Sugar Maple 26 26 Burr Oak 37 27 Burr Oak 42 28 Sugar Maple 26 29 Burr Oak 38 30 White Oak 35 31 Sugar Maple 29 32 Sugar Maple 35 33 Sugar Maple 29 + ° t 'r - s i, _4 ,. " gta t f,� l . , 't - .a, b+. � 11 � it ' • ',44; a < 1 6� ;I<, is L L ' . . .A',ik.'''.4 : ..,. . 'illi''*: -I. ';fit'iN A.% %"' ...*...* '' itI1/4*.I*1. ., .Ts_ '• '' ‘''.:. 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Reviewed By: Legal F1 City Council Finance ❑ EST. ^� 1836 Engineer ❑ {s y City Administrator El Agenda Item Tracking Number C� Consultant ❑ a-co-rC ' Human Resources ❑ City Council Agenda Item Summary Memo Title: Yorkville South—MPI Annexation Agreement and Concept PUD Plan City Council/COW/Committee Agenda Date: January 16, 2007 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: 020206 Revised January 10,2007 ANNEXATION AND-, PLANNED UNIT DEVELOPMENT AGREEMENT (Yorkville South) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered into as of the_day of , 2007, by and between Nancy H. Bierma; and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "OWNERS", and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "DEVELOPER", and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibits A and B (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous planned unit development (PUD) known as the Yorkville South Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD District with single-family, townhome and multi-family residences (totaling 1 1,427 units) and commercial areas as shown on the Concept PUD Plan attached hereto -as Exhibit C. E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on March 8, 2006. City Council conducted the public hearing on the annexation agreement on June 13, 2006. F. The Parties have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of the Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each Party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibits A,and B as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential and commercial uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 238 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each Party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. 2 (iii) 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. (iv) The SUBJECT PROPERTY is not currently contiguous to the corporate boundaries of the CITY. Upon the SUBJECT PROPERTY becoming contiguous to the corporate boundaries of the CITY, the CITY shall immediately act to annex the SUBJECT PROPERTY pursuant to the terms of the OWNERS and DEVELOPER's Petition for Annexation. 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 OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement it with the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, 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. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, and upon the SUBJECT PROPERTY becoming contiguous to 3 the corporate boundaries of the CITY, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY as a PUD District with single-family, townhome, and multifamily residences and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 3. PLATTING AND ENGINEERING. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan(Exhibit Q. Additionally: A. Transitional Area Compliance. The CITY acknowledges that the DEVELOPER has met the Transitional Area Requirements as demonstrated in Exhibit D when evaluated in context of density restrictions that the DEVELOPER has placed on the Suburban Residential land areas north of the Transitional Area. The CITY and DEVELOPER acknowledge that changes to right-of-ways and easement areas adjacent to buffer areas maybe necessary dependant upon final engineering. The CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures (except for walkways or trails) are constructed in the buffer areas and the areas are in compliance with the minimum planting requirements of the Landscape Ordinance. B. Phasing Total Unit Count. The Parties acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Exhibit C, Concept Plan, for a phase of development, as a result of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances, regulations, codes and rules referenced herein. As such, the CITY and DEVELOPER acknowledge at the discretion of the DEVELOPER, the number of dwelling units to be approved in any phase on the final plat of subdivision can vary 5% from that described on the Concept Plan for that same phase of development provided the total maximum dwelling unit count for all phases does not exceed 1,427 units. All proposed Final Plat units for this development shall contain a minimum of 80 dwelling units for multi family areas or an entire neighborhood as identified on the concept plan for single family areas. 4 C. Approval of Preliminary/Final Plats and Preliminary/Final Engineering.eering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The phasing of Yorkville South will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development provided no more than a total of four (4) preliminary plans are established for the SUBJECT PROPERTY. If the DEVELOPER decides to process said plans concurrently, then the Final Plat of Subdivision, Final Landscape Plan and Final Engineering Plan shall be submitted in place of any required preliminary plan documents and shall serve as the Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering, referred to herein collectively as the "Final Plans". Preliminary Plans or Preliminary/Final Plans when processed concurrently will require a public hearing before the Plan Commission. Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this Agreement and substantial conformance with the Concept PUD Plan, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. D. Architectural Review. Subject to the design guidelines provided in Exhibit M and Covenants described in Section 29, the DEVELOPER shall maintain architectural review and control of the design and elevations of all structures within the SUBJECT PROPERTY and shall establish covenants, conditions and restrictions with each final plat of subdivision. Said established covenants, conditions and restrictions shall not be less restrictive than current City ordinances including the City Appearance Code (Ordinance 2005-51). Established covenants, conditions and restrictions more restrictive than the City Code shall be monitored and enforced by the DEVELOPER. 4. MODIFICATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit E attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("Permitted Modifications"). 5. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to construct and install certain on-site and off--site sanitary sewer, water system and roadway`improvements as detailed in Paragraphs 6, 7 & 8 of this Agreement. DEVELOPER agrees that any extension and/or construction of the utilities and public improvements shall be performed in accordance with 5 existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined below, except as otherwise provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain necessary easements to construct improvements at the written request of the DEVELOPER. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions, easement drawings, construction documents and other exhibits as necessary, the DEVELOPER shall grant reasonable permanent and temporary construction easements as necessary for the construction of the extension of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. If DEVELOPER cannot provide said easement within 30 days, DEVELOPER will provide a response in writing that explains why the easements cannot be granted or granted within that time period and will provide an alternative date/location for granting of said easements. DEVELOPER will use its best efforts to grant said easements within a 30 day period. The CITY shall sign all IEPA permits and shall issue permits to DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY and off-site 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/final subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4) the IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY will use all reasonable efforts to cause the Yorkville Bristol Sanitary District to issue said permits. The CITY agrees to process and sign IEPA sewer and water permit applications separate and apart from the review of final engineering plans (i.e. the IEPA permit applications will not be held until the CITY approves the final engineering) so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another 6 governmental agency takes action against the CITY after DEVELOPER undertakes activities pursuant to the provisions of this Subsection. A. Establishment of Special Service Area as Primary Funding Mechanism for Installation of Public Improvements. It is understood between the Parties that the necessary improvements required to provide the SUBJECT PROPERTY with sanitary sewer and potable water service may be funded through the enactment of a special service area. At the DEVELOPER'S request, the CITY will establish a special service area to be utilized as the primary funding mechanism for installation of sanitary sewer and potable water facilities to service the SUBJECT PROPERTY. This SSA will be paid in full prior to the issuance of a Certificate of Occupancy for each dwelling unit. Special taxes (not to exceed $5,700 per single family and $5,171 per multi-family unit unless otherwise agreed to by both Parties) will be calculated to cover the debt services, administrative costs and any required reserves. The burden of the assessment is limited to and shall be paid by future owners of the property benefited by the sanitary sewer and potable water infrastructure. Upon payment of the special tax identified above, the DEVELOPER shall receive the following credits: Water Connection Credit ($3,700 for single family and $3,171 for multi-family units) and the City Sewer Connection Credit($2,000/dwelling unit) for each lot in this subdivision. If the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties-(and the Yorkville Bristol Sanitary District (YBSD)), the above described sanitary improvements can be expanded to meet YBSD's long term planning needs and the SSA taxes can be increased by up to $1,799 per unit (which is equal to $2,567,316, the total required Infrastructure Participation Fee (IPF), divided by 1,427 dwelling units) provided a credit in an equivalent amount is provided towards IPF fees. B. Non-Special Service Area Financing. In the event that the sanitary sewer and potable water facilities are not financed through a special service area, DEVELOPER agrees to prepay all Water Connection Fees of$3,700 per single family unit and Water Connection Fees of$3,171 7 per multi-family unit and the City Sewer Connection Fees ($2;000/dwelling unit) so that the CITY will have the funds to construct facilities necessary to supply potable water and sanitary sewer to the SUBJECT PROPERTY. If, collectively, the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)), the above described sanitary-.improvements can be expanded to meet YBSD's long term planning needs and the IPF Fees can be applied to provide additional revenue for these improvements. 6. SANITARY SEWER IMPROVEMENTS. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla. Improvements identified below in Sections 6A & B shall be funded as specified below and in Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to provide upfront funding in excess of $2,854,000 (the total City Sanitary Connection Fees required for the SUBJECT PROPERTY ($2,000 x 1,427 units)) plus $2,567,316 (the total IPF Fees required for the SUBJECT PROPERTY ($3,523 x 728.73 acres)provided permanent facilities are included in the improvement plan and YBSD agrees to provide full credit for this contribution) to cover the sanitary improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future developments. Through the annexation agreement process, the CITY agrees to require future development to prepay all required Sanitary Connection Fees at the time of annexation or use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. A. Utility Design — The DEVELOPER agrees to work with the CITY and YBSD for a period of twelve (12) months from the date of this Agreement to identify a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable to all Parties. A scalable solution would require that all or a portion of planned improvements will function as part of the permanent utility system and would provide capacity beyond that required for the SUBJECT PROPERTY. Said solution cannot exceed $5,421,316 (the combined total of the 8 required Sanitary Connection Fees and the IPF fee) unless alternative revenues are identified that do not require any additional contributions by the DEVELOPER or as otherwise agreed by all Parties. As part of this effort, the DEVELOPER agrees to fund their pro-rata share of an evaluation of alternative sanitary options by Walter E. Deuchler Associates up to a maximum contribution of$15,000. Said contribution would be due from the DEVELOPER at the time the CITY records this Agreement. In the event that a sanitary system plan that can be built utilizing the CITY's Sewer Connection Fee and YBSD's IPF fees is identified within this timeframe, the DEVELOPER and CITY agree to revise this Section of this Agreement to reflect the scalable solution. In the event that said sanitary system plan is not identified within this timeframe, the DEVELOPER shall be authorized to proceed with the construction of the sanitary improvements as identified in Sections 6B-F of this Agreement utilizing prepaid CITY sewer tap fees as discussed in the first paragraph of Section 6. B. Lift Stations - The CITY shall allow DEVELOPER to engineer, construct, and utilize two temporary lift stations on the SUBJECT PROPERTY of adequate capacity to service the SUBJECT PROPERTY. One lift station would be located south of NH 5 near the Aux Sable Creek to serve the property north of Walker Road. This lift station can be upgraded to service the second lift station which will be located along Caton Farm Road to serve the development between Walker and Caton Farm Roads. The CITY shall allow the DEVELOPER to construct said lift stations subject to engineering review. These improvements shall be funded as specified in Sections 5A and B of this Agreement. Both of the temporary lift station facilities shall be operated by the CITY at DEVELOPER'S expense during the first five (5) years of operation. After five (5) years of operation, the temporary lift stations shall be considered long term facilities and shall be operated at the CITY's expense. In the event that either of the lift stations are abandoned within the first five years of operation, the DEVELOPER shall remove said lift stations at their own expense. If any of these facilities are abandoned later than five years from the initial date of operation, removal shall be done by the CITY at the CITY's expense. C. Sanitga Sewer— The ultimate concept plan for the Aux Sable/Caton Farm interceptor sewer prepared by Walter E. Deuchler Associates for the Yorkville-Bristol Sanitary District 9 (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately 800 linear feet, across the Windett Reserve Subdivision. If the CITY and/or DEVELOPER are able to obtain an exclusive easement for the installation of the gravity sewer from Wiseman Hughes, the DEVELOPER shall install the 24" gravity sewer provided this improvement has not already been constructed at the time it is needed to service the SUBJECT PROPERTY If the CITY and/or DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the installation of the 24" gravity sanitary sewer, the DEVELOPER will construct a 10" force main in this same location (800 linear feet across the Towns of Windett Reserve Subdivision) to provide sanitary sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to construct and operate said force main subject to engineering review. Furthermore, the CITY shall allow the DEVELOPER to place the temporary force main in any off-site easements and/or the ComEd easement in order to service the SUBJECT PROPERTY. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY will allow the DEVELOPER to utilize the existing Route 47 right-of-way to service the SUBJECT PROPERTY. If required, this 10" force main shall be funded as specified in Sections 5A and B of this Agreement. The DEVELOPER shall be allowed to construct a 10" force main from the ending point of either the 24" gravity sewer or 10" force main described above to the SUBJECT PROPERTY along Route 47 to service the SUBJECT PROPERTY. This improvement shall be funded as specified in Sections 5A and B of this Agreement. In the event that the force main is abandoned within the first five years of operation, the DEVELOPER shall remove all contents within, cap and plug said improvement and abandon said improvement in place in accordance with all pertinent regulations and sound engineering practice at its own expense. If this improvement is abandoned later than five years from the initial date of operation, abandonment shall be done by the CITY at the CITY's expense. D. Capacity - The CITY, due to a possible lack of sanitary sewer plant capacity, agrees not to allocate it's annually allotted building permits in any manner that would be detrimental to the SUBJECT PROPERTY, nor shall the CITY reserve any number of building permits for any other development if such reservation would result in an insufficient amount of building permits 10 being available to the SUBJECT PROPERTY. In no event will building permits be withheld by the CITY on the SUBJECT PROPERTY based on the existing sanitary sewer capacity issues or capacity of the YBSD waste water treatment plant. E. Oversizing=In the event-the DEVELOPER oversizes the onsite sanitary sewer to serve additional land area outside of the SUBJECT PROPERTY; the improvement shall be eligible for recapture. The total cost(including design) of the sanitary sewer improvement which benefits offsite properties will be recovered from benefiting properties through recapture based on a pro-rate share using an acreage basis. This recapture agreement would be entered into at the time of final engineering. F. YBSD Easements- The DEVELOPER will grant easements to YBSD to allow for the construction of the Aux Sable/Caton Farm interceptor sewer along the Aux Sable Creek. The total width of the permanent easement will be determined at the time of final platting with input from YBSD. The DEVELOPER also agrees to provide a temporary construction easement adjacent to the permanent sanitary easement not to exceed a total of 100 feet in width. Both the temporary and permanent easements must be located entirely within established floodplain. Any restoration work required in the easement area due to the installation of the sanitary sewer shall be the responsibility of YBSD. Any land area disturbed by the installation of the sanitary sewer shall be restored consistent with existing conditions (prior to construction) and will follow the maintenance and monitoring schedule previously established by the DEVELOPER. 7. WATER IMPROVEMENTS. The ultimate concept plan for water distribution for southern Yorkville, as prepared by EEI, consists of the following improvements: extension of a 16" water main from its existing location along Route 47, near Windett Ridge south, to Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm Road and a 16" water main along Immanuel Road. In order to move forward with the realization of this plan, the CITY and DEVELOPER agree to the improvements identified below. Improvements identified in Sections 7A & D shall be funded as specified below and in Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to provide upfront funding in excess of $4,841,359 (the total Water Connection Fee required for the SUBJECT PROPERTY ($3,700 x 598 SF units + $3,171 x 839 MF/TH units)) to cover water improvements that are described below, the DEVELOPER shall be entitled to recover excess 11 fees from future development. Through the annexation agreement process, the CITY agrees to require future developments to prepay all required Water Connection Fees at the time of annexation or use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. In the event that another developer elects to move forward with all or a portion of the water system improvements described herein in advance of the DEVELOPER, the DEVELOPER agrees to prepay all or a portion of its required Water Connection Fees to the CITY within sixty (60) days of the commencement of construction on said improvements in an amount equal to the costs of said improvements but in no event more than the total required Water Connection Fees for the SUBJECT PROPERTY. I A. General Overview - The CITY shall allow DEVELOPER to construct and utilize one 1,000 GPM deep well, a water treatment plant and an off-site water main extension (along Route 47) to service the SUBJECT PROPERTY for all development occurring north of Walker Road. The CITY shall allow the DEVELOPER to construct and operate said improvements subject to normal engineering review and subject to the "Design-Deliver-Build" and "Bidding and Construction" provisions contained in Sections 7H & I of this Agreement. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. B. Route 47 Water Main - A 16" water main will be extended from its current location near Towns of Windett Reserve south to the SUBJECT PROPERTY along Route 47 and then west to the City Public Works site. , This improvement will provide water service to the region and benefit adjacent properties (on both sides of Route 47). Therefore, the total cost of this improvement is eligible for recapture based on the service area and will be funded by Water Connection Fees paid by future development at the time of annexation. The details of this recapture will be established at the time of final platting/engineering. The CITY shall allow the DEVELOPER to place the off-site portions of this water main extension in any off-site easements and/or the ComEd easement in order to service the SUBJECT PROPERTY. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY will allow the DEVELOPER to utilize the existing Route 47 right-of-way. The CITY agrees to allow DEVELOPER to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision and utilize 12 this single source (with an internal pressure reducing valve) to serve 100 dwelling units on the SUBJECT PROPERTY with potable water until the south-side water improvements have been constructed and are operational. The issuance of the 101st building permit will be withheld until the deep well and water treatment plant is placed on-line. The CITY will issue 100 occupancy permits with the single source watermain and internal pressure reducing valve. - This improvement shall be constructed within twelve (12) months of the recordation of the first residential final plat of subdivision on the SUBJECT PROPERTY. C. Water Mains — The DEVELOPER understands the CITY's master watermain plan shows 16" watermains to be installed adjacent to Caton Farm Road, Walker Road, Immanuel Road and Route 47. If the DEVELOPER installs watermains adjacent to these roadways, the DEVELOPER will receive recapture from adjacent properties. If the CITY allows the DEVELOPER to route any of these watermains internally, as opposed to at the perimeter, the DEVELOPER shall receive recapture for any oversizing with each benefiting property owner responsible for their prorata share of total costs. Any recaptures owed the DEVELOPER shall be paid by future development at the time of annexation. D. Water Storage Facility — The CITY's master water system plan shows a five (5) million gallon stand pipe on the SUBJECT PROPERTY. The DEVELOPER shall be responsible for contributing the cost of a 1,000,000 gallon water storage tank to the CITY. At the DEVELOPER's discretion, this contribution, can be a cash contribution of $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index and would be credited towards required Water Connection Fees), a "draw down" against the SSA when bonds are issued for said improvement, or DEVELOPER acceptance of a construction contract. With these funds, the CITY shall have the option of proceeding with the construction of a five (5) million gallon stand pipe, a one (1) million gallon water storage facility or the NW Water Main Loop extension. If the CITY elects to build a one (1) million gallon elevated water storage tank or the NW Water Main Loop extension, the DEVELOPER's contribution is capped at$2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index and would be credited towards required Water Connection Fees. 13 Upon issuance of the 200th residential building permit, the DEVELOPER shall, at the direction of the CITY, fund the cost of engineering design work for either a water storage facility or the CITY's Northwest Watermain loop. The CITY shall complete said engineering design work and move forward through the bidding process so that the CITY is in a position to award a construction contract for said work within 30 days of the issuance of the 300th residential building permit on the SUBJECT PROPERTY. In the event the CITY elects to move forward with construction of a 1,000,000 gallon water storage tank or the Northwest Watermain loop, the DEVELOPER will either provide a contribution of $2,000,000 (as described above) or contract directly with the CITY's accepted bidder within 30 days of the issuance of the 300th residential permit. In the event the CITY elects to construct a water storage facility larger than 1,000,000 gallons, the DEVELOPER will provide a contribution of$2,000,000 (as described above) and the CITY will contract with the accepted bidder for the construction of the water storage facility within 30 days of the issuance of the 300th residential permit. Construction of the selected improvement shall be completed within eighteen(18) months of the issuance of the 300th building permit and prior to the issuance of an occupancy permit for any non-residential land use. This improvement shall, at a minimum, provide adequate fire flow for all of the SUBJECT PROPERTY. The 501"building permit for a residential unit, or an occupancy permit for any non-residential land uses shall be withheld until either the water storage facility or the NW Water Main Loop extension are completed or 18 months has passed from the issuance of the 300th building permit, whichever occurs sooner. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. E. Capacity In no event will building or residential occupancy permits be withheld on the SUBJECT PROPERTY based on fire flow capacity issues. F. Shallow Well Sites - On or after the date hereof, the City and its representatives may, from time to time, enter upon the SUBJECT PROPERTY for the purposes of inspecting and drilling the same in order to locate a well site. The Owners and Developers agree to fund the completion of the Shallow Well Siting Program (in an amount not to exceed $330,000) for up to two (2) shallow well sites on or within the vicinity of the SUBJECT PROPERTY and to cooperate with the City in the conduct of its investigations. Said right of entry is upon the 14 express condition that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY. The City shall indemnify, save and hold the DEVELOPER harmless from and against any claim of loss or damage made by any third Parry arising from the entry onto the SUBJECT PROPERTY by the CITY, its employees, representatives, or agents. The CITY shall be liable for actual damage to crops calculated on a per acre basis based upon the current prevailing market rates for the crop in question. The CITY shall notify the DEVELOPER of its proposed location of up to two (2) half acre well sites on the SUBJECT PROPERTY ("Well Site(s)") within twelve (12) months of the date the DEVELOPER provides the aforementioned funding for the completion of the Shallow Well Siting Program. The CITY shall not withhold approval or recordation of said plat based on their inability to locate said well sites. Said location shall be subject to the reasonable approval of DEVELOPER. The DEVELOPER shall donate said Well Site(s) to the CITY; provided, however that the location of the Well Site(s) shall not impede the orderly development of residential neighborhood, reduce the density of the such Owner's or Developer's parcel and shall not require changes to such Owner's or Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or Developer's engineering. In order to minimize the impact to this master planned community, the CITY shall use best efforts to locate well sites on public portions of the SUBJECT PROPERTY or in existing open space corridors. Additionally, the CITY will work to minimize the distance of the shallow well to the deep well. Construction of an individual shallow well site must be completed within 24 months of the recordation of a final plat of subdivision for that portion of the SUBJECT PROPERTY in which a well site is located, unless otherwise agreed by both Parties. G. Fire Hydrants - Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the DEVELOPER. H. Design-Deliver-Build Requirements — DEVELOPER agrees to fund/finance all testing, design, construction and construction management for one (1) deep sandstone water well with a nominal capacity of 1,000 gpm (W), a 1,000 gpm water treatment plant with the appropriate room for a high service pumping station, as well as the appropriate expansion considerations built in (WTP, and a 16" water main (WM) extension from the Windett Ridge Subdivision to the Well, Water Treatment Plant and future Water Storage Tank site (collectively 15 referred to as W/WTP/WM). The CITY agrees to provide the construction documents for each of these improvements. The DEVELOPER agrees to provide the appropriate construction documents for all other water system improvements required to serve the SUBJECT PROPERTY. This may include,but is not limited to, finished water main to connect to the large diameter water main at the W/WTP/WM and then the distribution throughout the SUBJECT PROPERTY, a temporary Pressure Reducing Valve Station that can be utilized while the Water Treatment Plant is being constructed and any other water distribution system components required to effectively provide water at the appropriate flow and pressure throughout the SUBJECT PROPERTY. The CITY shall have the final decision on any additions or subtractions to the W/WTP/WM construction contracts provided said contracts are consistent with improvements defined within this Agreement. DEVELOPER shall provide all coordination and upfront funding for the construction of all utilities (i.e. water, sanitary sewer, stormwater, street access, electric, gas (if required), and phone to the W/WTP/WM. Said costs are to be covered as provided in the first paragraph of Section 7. DEVELOPER shall maintain ownership of all of the W/WTP/WM facilities until the CITY accepts said improvements. DEVELOPER has agreed to permit the CITY and its agents and/or assigns access to all facilities. A surety will be provided by the DEVELOPER for the W/WTP/WM improvements unless improvements are paid for utilizing an SSA in which case no surety will be required. Said surety, if required, may be in the form of a Letter of Credit or Performance and/or Payment Bond, at the discretion of the DEVELOPER. I. Bidding and Construction Process — CITY and DEVELOPER will collaborate to develop a list of pre-approved contractors for each W/WTP/WM construction contracts. The CITY will transfer the W/WTP/WM construction documents to the DEVELOPER upon completion and issuance of all required permits. DEVELOPER will conduct bidding for each contract. All bids will be submitted to the CITY and CITY's engineering consultant for review along with the DEVELOPER's recommendation for bid award. The CITY and CITY's engineer consultant will provide comment on the bidding and advise regarding whether they 16 agree with the recommendation for award. Upon approval of the CITY, the DEVELOPER will enter into the construction agreement with the contractor(s). The DEVELOPER will provide an executed copy of all contract documents to the CITY and CITY's engineering consultant upon execution. The CITY's engineering consultant will provide the contract administration (i.e. contract administration, pay request review and recommendation, shop drawing review, facilitation for the pre-construction conference, and change order review and preparation), surveying and drafting (i.e. construction staking, drafting for potential modifications to the contract documents, and record drawings), and construction observation (i.e. periodic construction observation and field reports and periodic construction progress meetings) for the W/WTP/WM construction contracts. All contracts for the W/WTP/WM will include specific performance provisions for all parties involved in processing and paying contractor invoices. Said provisions will require that the contractors for each of the W/WTP/WM contracts submit payment requests to the CITY's engineering consultant no more than once per month. The CITY's engineering consultant will review the pay request and facilitate the issuance of a letter recommending payment to the DEVELOPER within 10 business days of receipt. Copies of the recommendation letter will be provided to the contractor and to the CITY, and any other parties as specified by the contracts. Any changes required to contract documents that require the issuance of a change order will require written approval from the DEVELOPER, construction contractor, CITY and CITY's engineering consultant. Signature lines will be provided for all parties on change orders. The approval process and required signatures shall be coordinated in the following order: 1) contractor, 2) CITY's engineering consultant, 3)DEVELOPER and 4) CITY. 8. ROADWAY IMPROVEMENTS. The approximate locations of the infrastructure improvements for roadways are illustrated in Exhibit F3. The DEVELOPER shall not be required to provide any improvements in excess of those specified by EXHMIT F3 and described below: A. Proposed Wheeler Road - DEVELOPER agrees to dedicate 80' of right-of-way in accordance with collector roadway standards. DEVELOPER agrees to construct this roadway in 17 accordance with collector roadway standards which require a 39' back-of-curb to back-of-curb roadway width. The typical collector road cross section for Wheeler Road shall consist of 1.5" bituminous concrete surface course, 4.5" bituminous concrete binder course and 12" aggregate base course CA-6, with a typical parkway width of 20.5 feet. This improvement will be constructed in two phases. The first phase, which includes construction of Wheeler Road from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47, will be constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever occurs first. The second phase, which includes the bridge crossing over the N/S Creek Corridor to the SUBJECT PROPERTY's western boundary at Immanuel Road, shall be constructed within twelve months of the final platting of Neighborhood 1 or the commencement of construction of the planned Fire Station, whichever occurs first. B. Walker Road - DEVELOPER agrees to dedicate 40' of%2 right-of-way in accordance with Kendall County Highway Department's standards. All improvements to Walker Road will be credited against the CITY's County Road Impact Fee. If this fee does not cover the cost of required improvements, the DEVELOPER has the right to recapture the cost of said improvements based on linear frontage from benefiting properties. Road improvements for this roadway will be completed within twelve (12) months of the commencement of improvements for the Walker Road commercial parcel. C. Caton-Farm Road — The SUBJECT PROPERTY is located entirely north of the existing Caton Farm Road (the existing roadway is NOT located on land controlled by the DEVELOPER). The DEVELOPER agrees to dedicate any land that they own which is located within forty (40) feet of the existing centerline of this roadway. However, since the existing roadway is located entirely offsite, the DEVELOPER will not have any responsibility for the construction of future improvements to this roadway. At the time that an adjacent owner/developer or the CITY improves this roadway, the DEVELOPER will be responsible for its prorata share (50%) of the cost of roadway improvements to bring the current roadway up to CITY standards (which includes two 12' lanes with a 4' aggregate shoulder) based on linear frontage. DEVELOPER contribution will be due to the CITY within 90 days of the issuance of the certified costs for said improvement. The DEVELOPER shall not be allowed to gain any 18 access to Caton Farm Road from the planned commercial site or be allowed to obtain residential building permits for NH 11 until this improvement has been completed. In the event that the DEVELOPER elects to move forward with this roadway improvement on its own initiative, the DEVELOPER would has the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. D. Immanuel Road - DEVELOPER agrees to dedicate a 40' %2 right-of-way. DEVELOPER agrees to bring the current roadway up to CITY standards which includes 2-12' lanes with 4' wide aggregate shoulder. The DEVELOPER will overlay the existing roadway with 4.5 binder course and 1.5" of surface course. This improvement shall be across the SUBJECT PROPERTY's frontage and will be eligible for recapture from benefiting properties based on linear frontage. This improvement shall be completed within twelve (12) months of the final plat approval for NHs 1 and 2, whichever occurs first. E. IL Route 47 - DEVELOPER agrees to dedicate right-of-way in accordance with arterial roadway standards (60'one-half ROW where available (e.g. this standard cannot be provided where the ROW is adjacent to existing ComEd easement)), unless otherwise required by IDOT. In the event that IDOT requires a lh ROW dedication in excess of 60', the CITY agrees to reduce its IL Route 47 landscape buffer area by the amount of the excess dedication (i.e. the buffer area would be reduced by 1' for each l' of excess ROW required over 60'). In no instance shall the ROW dedication on the SUBJECT PROPERTY exceed 60' from the existing centerline. DEVELOPER agrees, at their own expense, to construct turn lane improvements required to serve the SUBJECT PROPERTY in three phases. The first phase, which shall include the intersection of Wheeler Road and IL Route 47, shall be completed within 18 months of the first final plat of subdivision for the SUBJECT PROPERTY. The second phase, which shall include the intersection of Walker Road and IL Route 47, shall be completed within 18 months of the final platting of NHs 6, 7 or within 18 months of commencement of construction of improvements for the adjacent commercial site, whichever occurs first. The third phase, which shall include the remaining three intersections located south of Walker Road up to and including Caton Farm Road will be completed within 18 months of the final platting of NHs 8, 9, 11 or within 18 months of commencement of construction of improvements for the Caton Farm/Route 47 commercial site or the Walker Road/Route 47 commercial site, whichever occurs 19 first. If the CITY or another governmental agency desires to initiate additional upgrades to this road (beyond turn lane improvements), the DEVELOPER will agree to undertake said improvements provided the CITY provides a credit towards Road Impact Fees or other CITY impact fees that would otherwise be due from this property. Said credit shall be provided in an amount equal to the costs of the requested upgrades. The timeframes for improvements identified above shall be subject to any required IDOT permits/approval. F. Dedication of Right-of-Way_-Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the DEVELOPER and/or OWNER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois, Kendall County, or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to DEVELOPER by the CITY. G. Road Contribution Fund — In exchange for the DEVELOPER's agreement to undertake roadway improvements in excess of those that would otherwise be required for this development (as provided in Exhibit F4), the CITY agrees to provide the DEVELOPER with a full waiver of the Road Contribution Fund for the SUBJECT PROPERTY in an amount equal to $2,854,000. 9. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the, CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by ,applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the 20 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. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2006-19, the OWNERS and DEVELOPER shall be required to post irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and if public improvements are in compliance with City Ordinance requirements upon review of City staff, shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans and all punch list items. Public improvements shall be accepted when 70% of the units within the phase of development have been constructed provided the improvements are in conformance with the ordinances of the CITY. The CITY agrees to take on the responsibility of snowplowing for an individual street upon the issuance of the first occupancy permit. The CITY will plow the subject street and a route to provide ingress/egress out of the subdivision to a main external roadway. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of 21 a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 10. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, homeowners association open space areas) in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 11. 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 the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the date of this Agreement, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance modifications and/or variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or 22 enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 12. 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 this Agreement are as set forth in Exhibit G. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of the said five (5) year period. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT 23 PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement,all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations and all non- local amendments to the International Building Code that are adopted by the CITY after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the sixth (6a') month following the effective date of such amendments, deletion, or addition, whether during the five (5) year term referenced above , or any time thereafter. 13. FEES AND CHARGES. During the first five (5) years following the date of the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the'Fee Schedule attached hereto and made a part hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 14. WATER TREATMENT AND PUBLIC WORKS CONTRIBUTION. The DEVELOPER has agreed to dedicate 2.2 acres in the SUBJECT PROPERTY for use as a City Public Works Facility which will include the water treatment facility (in addition to the two 1/2 acre shallow well sites that are contemplated in Section 7 of this Agreement). The Developer and City will negotiate in good faith the location of this site during the Preliminary Plan review 24 stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. The CITY will accept this dedication within 60 days of receipt of this documentation. In exchange for this dedication, the CITY agrees that the SUBJECT PROPERTY will not be required to contribute funds as part of any future utility recapture towards the purchase of land by the CITY as the CITY has established a policy that requires the donation of said property by developers to the CITY for public benefit. 15. SCHOOL DONATIONS. Pursuant to the CITY'S School Land/Cash Ordinance applicable to the SUBJECT PROPERTY the DEVELOPER shall be obligated to dedicate 41 acres of land to the CITY on behalf of the Yorkville Community Unit District#115 ("School District")to be used as a future high school site. In full satisfaction of the DEVELOPER'S obligation under the CITY'S current School Land/Cash Ordinance, DEVELOPER shall dedicate said 41 acres of land, depicted as the School Site on the attached School Site Exhibit, Marked Exhibit"I1"upon final plat approval, and after the site has been graded by DEVELOPER. Prior to conveyance, the DEVELOPER shall provide the School District title insurance demonstrating clear title to the 41 acre School Site. In addition to the 41 acre parcel to be dedicated at no charge to the CITY or School District, the DEVELOPER shall also designate an additional 25.8 acre parcel of land to allow for the School District's future expansion of the 41 acre school site ("Expansion Parcel"). The Expansion Parcel shall be located adjacent to and north of the 41 acre school site, as depicted in Exhibit I1. The Expansion Parcel shall be held by the DEVELOPER for a term not to exceed six years from the date of this Agreement to allow the School District a reasonable opportunity to acquire said Expansion Parcel. In the event the School District elects to purchase this Expansion Parcel within the established six year term as set forth in the preceding paragraph, the DEVELOPER agrees to sell the Expansion Parcel to the district at a cost of$57,500.00 per acre, for a total cost of $1,483,500.00. It is expressly understood between the Parties hereto that the Expansion Parcel is to be sold and conveyed in its entirety, and that no rights are created herein granting the School District the ability to purchase only a portion of the Expansion Parcel. Prior to the conveyance of the Expansion Parcel the DEVELOPER shall provide the School District title insurance 25 demonstrating clear title to the Expansion Parcel. The Expansion Parcel must be utilized by the School District for School purposes. If the School District determines that it does not need the Expansion Parcel for School purposes, the DEVELOPER has the right, but not the obligation, to repurchase the Expansion Parcel at $57,5000 per acre. In the event that the School District does not elect to purchase the Expansion Parcel within the six year term provided for herein, the DEVELOPER shall be allowed to proceed with development of that parcel in accordance with the land uses identified on the School Site Alternative plan attached as Exhibit Il. This dedication and reservation of an Expansion Parcel has been supported by the Yorkville Community Unit District#115 as documented in a Letter of Understanding dated x (Exhibit I2). 16. PARK DONATIONS. The total land area required for contribution is 40.07 acres. All Parties understand and agree that the DEVELOPER is satisfying CITY ordinance requirements for Park Land/Cash Contribution Fees through the donation of 28.8 acres of park land as depicted in Exhibit C1. To satisfy the remaining requirement of donating 11.27 acres, DEVELOPER shall pay cash-in-lieu of this required donation in the amount of $1,138,270 (11.27 acres x $101,000 per acre) (hereinafter referred to as "Cash-In-Lieu"). The Cash-In-Lieu contribution, or an equivalent combination of cash-in-lieu and grant funding, will be used by the CITY towards the construction of recreational amenities within or adjacent to the SUBJECT PROPERTY unless otherwise agreed to by both Parties. The dedication and acceptance of parks by the CITY shall be made no later than sixty (60) days after the property has been machine graded by DEVELOPER per approved engineering plans and field verified with an as-built plan to 2/10ths of a foot with positive drainage, unless otherwise agreed to by both Parties. Construction of adjacent infrastructure shall not be a condition of acceptance by the CITY as long as the DEVELOPER has posted a letter of credit or bond for the adjacent improvements and the DEVELOPER has provided construction access to the park site. At the time of conveyance, DEVELOPER shall provide the CITY with a copy of the as-built plan (depicting grading) along with a current title commitment issued in the amount of the acreage conveyed times the sum of $101,000 per acre. The title 26 commitment shall reflect the recordation of the final plat of subdivision for that unit. DEVELOPER shall reserve any rights or easements required by any governmental authority or reasonably necessary for the development of the SUBJECT PROPERTY. Such reservations of easement shall not interfere with the CITY's plans for the use of the park. The District agrees to accept responsibility for all fine grading and seeding of all parks once the site is accepted by the CITY. The CITY agrees to fine grade and seed each park during the next available growing season as long as the DEVELOPER has provided the District with a means of construction access to the Park (which at a minimum shall consist of a clay road for use by construction vehicles), unless otherwise agreed to by both Parties. In exchange for the CITY's willingness to take on this responsibility, DEVELOPER, at the direction of the CITY, will either pay the CITY the flat rate of$2,900 per acre at the time the site is deeded to cover the costs of fine grading and seeding or will pay the bid price for said improvements as provided by a mutually accepted contractor as agreed by both Parties. Said payment shall be due 45 days following the CITY's acceptance of the bid or at the time the park site is deeded to the CITY, whichever occurs later. DEVELOPER will have no further responsibility for these improvements. However, if DEVELOPER disturbs any graded or seeded Park during the construction of general subdivision improvements, DEVELOPER will have full responsibility for restoration in accordance with the CITY's specifications. For all parks, the CITY agrees to provide a conceptual development plan to the DEVELOPER within sixty (60) days of receipt of final engineering drawings for an individual park from DEVELOPER. Concept plans will be created using the criteria established in Exhibit J1. These exhibits are intended to reflect the Park Department's ultimate development plans for the park sites and are subject to the approval of the Park Board. It is recognized by both Parties that park sites on the SUBJECT PROPERTY will be developed in phases. Initial park improvements, as identified in Exhibit J1, are to be funded with the DEVELOPER's cash-in-lieu payments with a minimum designation of$200,000 of the required cash donation per park site. Initial park improvements will include, at a minimum, playground equipment, internal park paths and a shelter at each park site. Subsequent phases, also identified in Exhibit J1, are to be funded with remaining Cash-in-Lieu contributions, grant funding, or other revenue sources. The CITY shall not spend developer's contributions for initial phases in excess of$450,000 for Park Site 27 #1, $350,000 for Park Site #2 and $300,000 for Park Site #3. Modifications to the DEVELOPER's contribution as identified above shall require the written approval of both Parties to this Agreement. Said approval shall not be unreasonably withheld by either Party and shall be based upon the overall improvement plans that remain for all parks on the SUBJECT PROPERTY and the remaining funds available to complete said improvements. At the time of construction of an individual park by the CITY, the DEVELOPER and the CITY will agree to a payment schedule whereby the DEVELOPER will pay to the CITY a portion of the required cash-in-lieu contribution for park improvements as determined by the accepted contractor's bid received by the CITY and in accordance with their construction contract. DEVELOPER's payments will be phased in accordance with the anticipated construction schedule with 50% of the required DEVELOPER's contribution due prior to commencement of construction, a second payment of 40% of DEVELOPER's contribution is due upon completion of 40% of park construction, and final payment of 10% of DEVELOPER's contribution is due upon completion of the contracted improvements, unless otherwise agreed to by both Parties. The CITY shall make all reasonable efforts to commence construction within 15 days of receipt of the DEVELOPER's initial payment., The CITY agrees to complete Phase 1 improvements to each park site within 18 months of final engineering plan submittal for that park site or 12 months after mass grading, whichever occurs sooner, unless otherwise agreed to by both Parties. At the request of the CITY, the DEVELOPER will agree to provide assistance with the construction bidding process for each park site. The CITY shall agree to accept trail corridors provided trails comply with the CITY's trail specifications and the trails are located outside of the floodplain. In the event trail corridors comply with these provisions, the DEVELOPER shall receive credit towards its required cash- in-lieu contribution for said land dedications and improvements, subject to Park Board approval. The CITY shall make all reasonable efforts to obtain matching grant funding.to cover/offset the costs of trail construction. The Parties agree that in addition to accepting the individual parks and trail corridors as described above, the CITY may accept additional land located with in the Aux Sable Creek Corridor or land depicted as open space on the Concept PUD Plan. This land dedication will not 28 result in any credit towards the outstanding park land dedication requirements. This land may be used by the CITY to secure recreational/open space grant funds. DEVELOPER agrees to work with the CITY to provide documentation necessary to demonstrate the usefulness of said lands for grant purposes. By mutual consent, both Parties will agree to explore opportunities for public/private partnerships related to use of the clubhouse and/or aquatic center. It is agreed that completion and fulfillment of all the conditions described in this Agreement shall satisfy the requirements of the CITY's park donation ordinance as it relates to the subdivision. Nothing in this Agreement shall preclude the CITY from sub-contracting or performing some of the work themselves, or providing additional improvements at a later date. Each Park, Trail and/or open space corridor once developed and dedicated to the CITY, shall be maintained by the CITY in accordance with its regular maintenance program for other park sites. This donation has been supported by the United City of Yorkville Park Board as documented in a Letter of Understanding dated x (Exhibit J2). 17. FIRE STATION. The DEVELOPER has agreed to designate up to 2.67 acres in the SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire training facility on its premise. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. In exchange for this donation, the CITY agrees to provide a credit towards the Kendall Bristol Fire Protection Fee that would otherwise be required for this property. This credit shall be based upon the land/cash donation value in place at the time the donation is made which is currently$101,000/acre. 18. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Yorkville South. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. 29 Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and proof to the CITY that either the OWNERS and DEVELOPER have demonstrated to the Fire Protection District that fire hydrants within 300 feet of the dwelling unit are operational or the OWNERS and DEVELOPER have established a hold harmless agreement with the City and Fire Protection District in the absence of operational fire hydrants.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Notwithstanding any CITY ordinances to the contrary, for as long as a model area is used for selling dwelling units, the DEVELOPER shall have the right to erect fencing on a temporary basis that entirely encloses the model area and directs model area traffic. It is understood that fences provided for herein shall be subject to the approval of the CITY's Zoning Administrator and that no fences shall be placed upon the public right-of-way. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer 30 the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall also have the right to operate a sales office out of the Clubhouse within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 19. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A building 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. 20. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's 31 soil erosion and sediment control ordinance. Mass gradingpermits shall be issued in accordance with the City's Erosion and Sediment Control Ordinance (Ord 2003-19) 21. BUILDING AND OCCUPANCY PERMITS. City agrees to issue building permits within fourteen (14) days and occupancy permits within seven (7) days for homes within the subdivision upon proper application to the CITY. When "Master Approvals" (as referenced in Section 22 of this Agreement) are in place, the City agrees to issue building permits within seven (7) days. In the event that certain improvements, such as final grading, landscaping, sidewalks or driveways, cannot be completed due to weather conditions, CITY agrees to issue temporary occupancy permits in compliance with established procedures in order to allow the DEVELOPER the ability to complete any such improvements. No occupancy permits may be issued until the asphalt base is installed on the street serving the homes requiring said permits. Except as provided in Section 18 of this Agreement, building and occupancy permits shall not be issued by the CITY prior to proof being submitted to the CITY that the OWNERS and DEVELOPER have demonstrated to the Fire Protection District fire hydrants within 300 feet of the structure are operational 22. MASTER APPROVAL OF BUILDING PLANS. At such time as the CITY has approved building plans for any model of a dwelling unit (including extras or options), the same shall constitute a"master approval" of the plans for such model. Thereafter, subsequent building permit applications for any model which conforms to the plans for which a master approval has been made shall include documentation customarily required for building permit applications but shall not be required to include additional copies of building plans. Each builder shall provide the CITY with sufficient copies of plans for which master approval has been given, for use in the field as dwelling units are constructed. Nothing contained herein shall relieve builder from the obligations to pay permit fees for each dwelling unit for which a building permit is sought. 23. RECAPTUREABLE IMPROVEMENTS. In the event public improvements are installed that provide service to property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 28 hereof, with OWNERS and DEVELOPER recovering the payment of the recaptureable cost of said improvements by the 32 owners of properties benefited by the same. The improvements which qualify and the identity of the benefited properties which are not already identified in this Agreement shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one unit/neighborhood. 24. DEVELOPMENT MARKETINGSIGNAGE. DEVELOPER may install and maintain 1) one (1) illuminated double-faced ten (10') foot by twenty(20') foot temporary marketing sign not greater than fifteen (15') in height at each neighborhood entrance and on planned commercial nodes; 2) one temporary marketing sign, double faced ten (10') foot by twelve (12'), at each model row entrance road or the parking entrance to the temporary sales trailer; 3) one(1) onsite model home sign not greater than 20 square feet per sign in area at each model home in subdivision, 4) informational and directional signage throughout the subdivision of a reasonable size and configuration, conforming to the CITY'S Sign Code, 5) six (6) onsite marketing flags at each model home entrance row with a maximum height of 25' per pole, and 6) permanent entry monument signs as illustrated in ExHfiT K and permitted in conformance with the CITY's Sign Ordinance or as otherwise approved by the Building and Zoning Officer upon request of DEVELOPER. The locations of the above described signage shall be in compliance with the City's sign code which requires: all signs abut a street,be located at least 5 feet from a property line, maintain a 25 sight clearance triangle where streets intersect and not be located within any easements. All such signs for each neighborhood shall be maintainable for a period of ten (10) years or shall be removed by the DEVELOPER at the conclusion of DEVELOPER'S sales and marketing program for the Property, whichever occurs first. All other signage installed and maintained on the Property shall comply with the CITY'S Sign Code. 25. OFFSITE PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct,maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Said signage shall not exceed 8'x16' in size and shall: abut a street,be located at least 5' from a property line, maintain a 25' sight clearance triangle where streets intersect and shall 33 not be located within an easement. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 26. ENTRY FEATURES, LANDSCAPE BUFFERS AND IRRIGATION WELL. City agrees to allow DEVELOPER to construct entry features at the entrances to the SUBJECT PROPERTY and landscape buffers as shown in landscape plans to be prepared at the time of final platting. Said entry features shall be subject to the review and approval of City staff. Permanent entry features containing signs identifying the name of the subdivision or individual neighborhood names shall be permitted, subject to CITY Ordinances and as agreed upon by City staff. The DEVELOPER has the right to drill wells for the purpose of irrigating landscape features within the SUBJECT PROPERTY with proper permitting by the Kendall County Health Department. Said well shall not be within 1000 feet of an existing private or public well. In the event that operation of this irrigation well negatively impacts water levels in existing wells in the area, the DEVELOPER agrees to cease operation of the irrigation well until an impact analysis has been completed and mitigation techniques have been established and approved by the City Engineer. 27. 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 (2005) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 28. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public 34 improvements. The CITY agrees to allow DEVELOPER to collect interest on any recapture fees to the DEVELOPER at six percent (6% annum) to the certified costs from the date the infrastructure improvements are accepted. With this exception, each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit L. CITY and DEVELOPER agree to amend said recapture with actual certified costs as the improvements are completed and approved by the CITY. Any recapture ordinance shall be valid for the term of the AGREEMENT. B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 29. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the single-family, townhome, apartment neighborhoods and commercial areas are attached hereto and described in Exhibit M and comply with the City's current appearance code. Further, OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 30 of this Agreement. 35 30. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Establishment. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and fund the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including landscaping and special features located within public right-of-way and stormwater detention areas and without limitation, the mowing and fertilizing of grass,pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Business Service District Association. A separate association may be established for the commercial parcels. C. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 31. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the 36 vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Concept PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as set forth in Exhibit F, the CITY agrees to be the lead agency in the relocation of those utilities. The DEVELOPER may bury any existing overhead utility lines along any existing perimeter roadway and be solely responsible for all associated costs. Upon OWNER and DEVELOPER's request, the CITY shall make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The DEVELOPER shall pay the cost of relocating any existing utility, unless otherwise agreed upon. 32. RIGHT TO FARM. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit N on each Final Plat of Subdivision. 33. INTERIM USES. Interim uses as set forth below shall be permitted anywhere on the SUBJECT PROPERTY, with the exception of property to be owned by the CITY, during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits (per field design) 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials (per approved grading plan). Gravel mining is 37 prohibited; however said materials may be used within the development. 5. Temporary detention (per approved grading plan). 6. Construction storage and office trailers. 7. Mass grading (per approved grading plan). 8. Nursery. 34. COMMERCIAL TAX INCENTIVE. DEVELOPER is proposing 81 acres of commercial development on the SUBJECT PROPERTY including a major regional commercial center at the intersection of Route 47 and Caton Farm Road. In recognition of the benefit to the CITY through the creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place into a separate account for the benefit of the DEVELOPER fifty percent (50%) of the CITY'S one percent (1%) portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of commercial retail development within the SUBJECT PROPERTY and will continue for a period of twenty (20) years or until DEVELOPER has been rebated one hundred (100%) of the infrastructure improvements as detailed in Exhibit O which were attributable to the development of the commercial properties including but not limited to design, engineering, as well as six percent (6%) interest annually. 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 DEVELOPER as to its portion of the sales tax rebate. Upon written assignments by the DEVELOPER such assignees shall have,all rights currently vested in DEVELOPER under the sales tax rebate and applicable law, and shall be entitled to enforce such rights through any equitable or legal action. If any portion of the commercial lots on the SUBJECT PROPERTY are sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for their expenses unless specifically assigned by DEVELOPER. DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the DEVELOPER's sole discretion. Furthermore, at the CITY's sole discretion, the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax and pay any 38 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 DEVELOPER to help offset the DEVELOPER's extraordinary expenses incurred. As an incentive for the CITY to petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of DEVELOPER as specified in the preceding paragraph, and the CITY does so secure said rebate in an amount not less than one percent (1%) for a period of twenty (20) years, or until the DEVELOPER has been rebated one hundred percent (100%) of all expenditures incurred, then DEVELOPER agrees to reduce the amount of the sales tax rebate between the CITY and DEVELOPER from fifty percent (50%) of the CITY's portion of the State Retailers Occupation Tax to twenty-five percent (25%) of the CITY's portion of the State Retailers Occupation Tax. 35. BUSINESS DISTRICT. It is contemplated between the Parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcels, at a rate of no more than. an additional one percent (1%) tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s)by City as reimbursement for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or signalizing Route 47 abutting the SUBJECT PROPERTY. 36. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Yorkville South Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 39 37. 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. 38. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. 'Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms. 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 Parry 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: 40 (I) If to OWNERS or MPI-6 South Yorkville LLC DEVELOPER: 6880 N. Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Anthony R. Pasquinelli with copies to: Moser Enterprises, Inc. 401 S. Main Street Suite 300 Naperville, IL 60540 Attn: John Zediker John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine &West, Ltd. 123 Water Street Naperville, IL 60566-0565 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 11 60560 Fax: (630) 553-7575 with a copy to: John Wyeth 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 or to such other persons and/or addresses as any Party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2005 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of f this Agreement as to the use and development of the SUBJECT PROPERTY. 41 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 affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct-any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Heading. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. 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. 42 N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. 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 Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all Parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Material Breach. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty(30) days after notice of said breach to correct the same prior to the nonbreaching Party's seeking of any remedy provided herein; provided, however (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health of safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching Party commences the cure of such breach within the original thirty(30) day period and diligently pursues such cure to completion thereafter. R. Delay. In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license 43 or permit; and any similar case, the time for such performance shall be extended by the amount of time of such delay. S. Rights to Enforce. 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 Parry imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's right thereafter to enforce such term, covenant, agreement, or condition, but the same shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI-6 SOUTH YORKVILLE LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois municipal corporation By: MPI Manager,Inc. By: Its: Manager Title: Mayor Attest: John Zediker, Its President Title: City Clerk Dated: Nancy H.Bierma By: Nancy H.Bierma Dated: DEVELOPERS: MPI-6 SOUTH YORKVILLE LLC an Illinois Limited Liability Company By: MPI Manager,Inc. Its: Manager John Zediker, Its President Dated: 44 LIST OF EXHIBITS Exhibit A: Legal Descriptions, revised 11/28/06 Exhibit B: Plat of Annexation, revised 1/3/07 Exhibit C1: Concept PUD Plan (provided in B/W and Color),revised 11/27/06 Exhibit C2: Site Data Table,revised 11/27/06 Exhibit D: Transitional Area Compliance Exhibit, revised 11/27/06 Exhibit E: Permitted Modifications from Local Codes, revised 12/5/06 Exhibit Fla: Sanitary Sewer Infrastructure Improvements,revised 11/29/06 Exhibit F3: Offsite and Onsite Roadway Infrastructure Improvements, revised 1/10/07 Exhibit F4: Road Contribution Fund Overview Exhibit G: Current City Building Codes, revised 6/15/06 Exhibit H: Fee Schedule, revised 01/04/07 Exhibit I1: School Donation Letter of Understanding, dated 1/10/07 Exhibit 12: School Site Alternative, dated 12/18/06 Exhibit Jl: Conceptual Park Planning Outline Exhibit J2: Park Board Letter of Understanding Exhibit K: Project Signage, dated 12/18/06 Exhibit L: Sample Recapture Agreement Exhibit M: Design Standards, revised 6/15/06 Exhibit N: Right to Farm Disclosure Statement for Final Plats Exhibit O: Infrastructure Improvements for Commercial Sites 45 020206 Revised January 10,2007 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Yorkville South) THIS ANNEXATION AND :PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered into as of the_day of , 2007, by_and between -.-, ­'f,Deleted:6 1 Nancy H. Bierma; and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "OWNERS", and MPI #6 South Yorkville LLC an Illinois Limited Liability Comvanv (hereinafter referred to as " EVELOPER", and the UNITED CITY OF Formatted:Font:Bold YORKVELLE, 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". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation,attached hereto as Exhibits A and B hereinafter referred to as"'UBJECT PROPERTY" Deleted:SUBJECT PROPERTY B. OWNERS and DEVELOPER desire to annex the,SUBJECT FROPERTY to the--',.---' Deleted:SUBJECT PROPERTY CITY for the purposes of developing one contiguous planned unit development(PUD)known as the Yorkville South Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the ,SUBJECT PROPERTY be Deleted:SUBJECT PROPERTY rezoned as a PUD District with single-family, townhome and multi-family residences (totaling 1 1,427 units) and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on March 8, 2006. City Council conducted the public hearing on the annexation agreement on June 13,2006. F. The _parties_ have given_all_-appropriate_notices_ due_to_be given pursuant_to Deleted:PARTIES , "" - applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of the Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the ,SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the j Deleted:SUBJECT PROPERTY J 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 art _agrees that it is in the best interests of the OWNERS and Deleted:party ------ -------- _.- ----------- . .................... DEVELOPER and the CITY to annex and develop the SUBJECT Deleted:susJECT PROPERTY PROPERTY described in the Attached Exhibits A and B as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential and commercial uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 238 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. u Each ZaLqy agrees that It is in the best Interest of the local governmental '.j Deleted:r� ---) bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the 5UBJECT Deleted:SUBJECT PROPERTY PROPERTY. 2 (iii) Each arty a gr ees that a substantial im act will be laced on the services Per - -- p--------------------------------------------- of the United City of Yorkville and other governmental agencies by development of said real property. - Deleted:SUBJECT PROPERTY (iv) The 5UBJECT PROPERTY is not currently contiguous to the corporate boundaries of the CITY. Upon the SUBJECT PROPERTY becoming contiguous to the corporate boundaries of the CITY, the CITY shall immediately act to annex the SUBJECT PROPERTY pursuant to the terms of the OWNERS and DEVELOPER'S Petition for Annexation. - I. It is the desire of the artier that the development and use of the JSUBJECT Deleted:PARTIES Deleted:SUBJECT PROPERTY PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect,except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW,THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement it with the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, 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 artles_ - Deleted:parties 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, and Won the SUBJECT PROPERTY becoming contiguous to 3 the corporate boundaries of the CITY, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the,t5UBJECT PROPERTY as a PUD Deleted:Subject Property District with single-family, townhome, and multifamily residences and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as {Deleted:SUBJECT PROPERTY aforesaid. 3. PLATTING AND ENGINEERING. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY Deleted: 'PROPERTY J as approved or subsequently amended,unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Concept PUD Plan(Exhibit Q. Additionally: A. Transitional Area Compliance. The CITY acknowledges that the DEVELOPER -has met the Transitional Area Requirements as demonstrated in Exhibit D when evaluated in context of density restrictions that the DEVELOPER has placed on the Suburban Residential land areas north of the Transitional Area. The CITY and DEVELOPER acknowledge that changes to right-of-ways and easement areas adjacent to buffer areas may be necessary dependant upon final engineering. The CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures(except for walkways or trails)are constructed in the buffer areas and the areas are in compliance with the minimum planting requirements of the Landscape Ordinance. B. Phasing Total Unit Count. The Xarties acknowledge that the number of dwelling Deleted:PARTIES units to be approved on future preliminary and final plats may be more than or less than that described in Exhibit C, Concept Plan, for a phase of development, as a result of the,SUBJECT PROPERTY being developed in accordance with the Deleted:SUBJECT PROPERTY design standards, ordinances, regulations, codes and rules referenced herein. As such, the CITY and DEVELOPER acknowledge at the discretion of the DEVELOPER, the number of dwelling units to be approved in any phase on the final plat of subdivision can vary 5%from that described on the Concept Plan for that same phase of development provided the total maximum dwelling unit count for all phases does not exceed 1,427 units. All proposed Final Plat units for this development shall contain a minimum of 80 dwelling units for multi family areas or an entire neighborhood as identified on the concept plan for single family areas. 4 C. Approval of Preliminary/Final Plats and PreliminaU inal Engineering. The DEVELOPER shall be allowed to develop the,SUBJECT PROPERTY in phases._­-, Deleted:SUBJECT PROPERTY The phasing of Yorkville South will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats,Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development provided no more than a total of four(4)preliminary plans are established for the SUBJECT PROPERTY.If the DEVELOPER decides to process said plans concurrently, then the Final Plat of Subdivision, Final Landscape Plan and Final Engineering Plan shall be submitted in place of any required preliminary plan documents and shall serve as the Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering,referred to herein collectively as the "Final Plans". Preliminary Plans or Preliminary/�inal_ Formatted:No underline Plans when processed concurrently will require a public hearing before the Plan Commission. Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this Agreement and substantial conformance with the Concept PUD Plan, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. D. Architectural Review. Subject to the design guidelines provided in Exhibit M Deleted:SUBJECT PROPERTY and Covenants described in Section 29, the DEVELOPER shall maintain Deleted:SUBJECT PROPERTY architectural review and control of the design and elevations of all structures ';Deleted: .Furthermore DEVELOPER within the SUBJECT PROPERTY and shall establish covenants, conditions and ; shall be permitted a"arias"from we ----- ----------------------------------------------------------------------------------- ;! C1TYrequirementtohook-upsump restrictions with each .final plat of subdivision. Said established covenants, pump discharges to the CrrY storm conditions and restrictions shall not be less restrictive than current City sewer system. DEVELOPER and/or builders shall provide drains or positive ordinances including the City Appearance Code (Ordinance 2005-51). overland lot grading to open space or rear Established covenants, conditions and restrictions more restrictive than the City and side yard swales as set out and approved in the final engineering plans Code shall be monitored and enforced by the DEVELOPER. for said development. DEVELOPER shall also grade the SUBJECT PROPERTY so that sump pump 4. MODIFICATIONS FROM LOCAL CODES. The specific modifications and discharges properly and efficiently flow into rear and/or side yard swales deviations from the CITY's ordinances,rules,and codes as set forth in Exhibit E attached hereto eliminating any possibility of storm water puddling on the SUBJECT PROPERTY. have been requested, approved and are permitted with respect to the development, construction, re for any reason p r grading occurs as a - ---' result of improper grading the and use of the UBJECT PROPERTY "Permitted Modifications" ; DEVELOPER agrees to correct the -_--------...------------....--- �.. — ----- ----------)-------------------------- -- grading upon notification of the problem from the CrrY. Provisions will head e5. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. The forth in the covenants and conditions requiring the builders of each lot to DEVELOPER, in developing the,SUBJECT PROPERTY, agrees to ponstruct and install pertain comply with the terms of this paragraph.¶ ___.. ---....-------- _ on-site and off-site sanitary sewer, water system and roadway improvements as detailed in f Deleted:SUBJECT PROPERTY Paragraphs 6, 7 & 8 of this Agreement. DEVELOPER agrees that any extension and/or ,1 Deleted:design, ----------------------- ----------- . Deleted:at its expense,subject to the construction of the utilities and public improvements shall be performed in accordance with right of recovery through recapture of Deleted:agreement 5 existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined below,except as otherwise provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain Deleted:within six(6)months of necessary easements to construct improvements 4 the written request of the DEVELOPER. Deleted: .In the event the CITY can Within 30 days of a written request from the United City of Yorkville, which includes not obtain the necessary off_site easements for the extension of water legal descriptions, easement drawings, construction documents and other exhibits as necessary, mains and sanitary sewer and are unable to obtain permission from the State the DEVELOPER shall grant reasonable permanent and temporary construction easements as Highway authority to utilize the existing Route 47 right-of-way for easements,the necessary for the construction of the extension of CITY utilities and appurtenances and/or Other DEVELOPER shall be allowed to build , at DEVELOPER'S sole expense aself contained utilities to serve the SUBJECT PROPERTY and other ro erties within the CITY. If sewer system for thee S'ar`a/°'sanitary li � sewer system for the SUBJECT PROPERTY until such time that the DEVELOPER cannot provide said easement within 30,days, DEVELOPER will provide a CITY is able to obtain said easements and provide potable water and or sanitary response in writing that explains why the easements cannot be granted or granted within that sewer service to the SUBJECT PROPERTY. Any such temporary time period and will provide an alternative date/location for granting of said easements. Potable water and/or sanitary sewer systems constructed on the SUBJECT DEVELOPER will use its best efforts to grant said easements within a 30 day period: PROPERTY shall be operated by the Crnr at the DEVELOPER'S expense. I The CITY shall sign all IEPA permits and shall issue permits to DEVELOPER to Formatted:No underline I authorize the commencement of construction of utility improvements on the UBJECT Deleted:SUBJECT PROPERTY PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY and off-site utility improvements provided: (1) such construction is undertaken at the risk of a a rty seeking to undertake such work 2 a roved ," Deleted:party 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/final subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; and(4)the IEPA and the Yorkville Bristol Sanitary District, as applicable,have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY will use all reasonable efforts to cause the Yorkville Bristol Sanitary District to issue said permits. The CITY agrees to process and sign IEPA sewer and water permit applications separate and apart from the review of final engineering plans (i.e. the IEPA permit applications will not be held until the CITY approves the final engineering)so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans. DEVELOPER shall indemnify the CITY against any claims,actions or losses the CITY may suffer,sustain or incur because another 6 I Deleted:STABLISHMENT Eat.matted 1 I eted:ECHANISM governmental agency takes action against the CITY after DEVELOPER undertakes activities d:FOR pursuant to the provisions of this Subsection. Deleted` F 2 I j!A Deleted:PECIAL Establishmentgt Special Servicg,Arej a5,Prima , Fundin6 Mechanis fo ✓: Deli;UNpINC, Installatio o£Publi m royements, It is understood between the Parties that the necessary Deleted:ERVICE { Deleted:REA improvements required to provide the,SUBJECT PROPERTY with sanitary sewer and potable Deleted:As water service may be funded through the enactment of a especial service area. At the Deleted,RIMARY DEVELOPER'S request, the CITY will establish a special service area to be utilized as the ``, '•'' Formatted F..r3l Formatted .. q primary funding mechanism for installation of sanitary sewer and potable water facilities to �'``,' Formatted ': service the,SUBJECT PROPERTY. This SSA will be paid in full prior to the issuance of a I `i':: Formatted 6 ------- ------ ------ -------------------- Certificate of Occupancy for each dwelling unit. Special taxes (not to exceed$5,70),per single Formatted ` r, Formatted g family and $5,171_per multi-family unit unless otherwise am-eed to by both Parties will be r �' -------- -.-- ;i Formatted calculated jo_cover the debt services, administrative costs and any required reserves. The , `, Formatted ... 10 burden of the assessment is limited to and shall be paid by future owners of the property 'j i. Formatted u Formatted ...r121 benefited by the sanitary sewer and potable water infrastructure. Upon payment of the special Dales;NSTALLATION tax identified above the DEVELOPER shall receive the following credits: Water Connection `''"'``'.' Formatted ...r131 Deleted:Q Credit($3,700 for single family and $3,171 for multi-family units)_,giid the City Sewer Formatted 14 Connection Credits($2,000/dwelling unit)for each lot in this subdivision. _ �t Deleted:vBLIC If the above described fees are not adequate to cover costs associated with the Formatted 1s �' Deleted:MPRoyEMENTS installation of sanitary sewer and potable water facilities as identified in this Asreement andF''. _ Formatted F, 16 required to service the SUBJECT PROPERTY, the DEVELOPE _ shall be responsible for Deleted:SUBJECT PROPERTY providing upfront funding to cover_the short fall. The DEVELOPER will be reimbursed for the r Deleted:Pay down �J — `Deleted:SUBJECT 17 short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the , i' s Deleted: ..Fees f181 mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)), the above Del eted:,SanitatysewerCo 19 described sanitary improvements can be expanded to meet YBSD's long term planning needs 1,(Deleted:Fees Deleted: ($1807/unit or 53,52 F. r7l, and the SSA taxes can be increased by to $1,799 per unit(which is equal to $2.567.31.6, the I Deleted:Fees...due. would _ .. total required Infrastructure Participation Fee(1PF), divided by 1,427 dwelling units)provided a , Deleted:The CITY will neg 22 Deleted:Pay-down credit in an equivalent amount is provided towards IPF fees_ Deleted;Pay �. Non-Special Service Area Financine In the event that the sanitary sewer and potable ;SUB,iECr 23 water facilities are not financed through a special service area, DEVELOPER agrees to prepay Formatted ... 24 Deleted:ON-SPECIAL RV ... 25 all Water Connection Fees of$3,700 per single family unit and Water Connection Fees_of$3,171 – Formatted 26 Deleted:water tap fees 7 per multi-family unitDeleted:,Sanitary Sewer Connection nd the City Sewer_Connection Fees ($2,000/dwelling unity so that the Fees($3,523/acre for IPF),� CITY will have the funds to construct facilities necessary to supply potable water and sanitary Deleted: at the time of recordin, each final plat of subdivision, sewer to the SIJBBJECT PROPERTY. Deleted:SUBJECT PROPERTY ....._ If, collectively, the above described.fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY. the DEVELOPER. shall be responsible for providing upfront funding to cover the short fall The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol. Sanitary District(YBSD)) the above described sanitary improvements can be expanded to meet YBSD's lon r tt erm lap nning needs and the IPF Fees can be applied to provide additional revenue for these improvements. 6 SANITARY SEWER IMPROVEMENTS. The approximate locations of the Deleted:the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla. ,improvements potable water facilities required to service the SUBJECT PROPERTY,the CITY identified below in Sections 6A&B shall be funded as specified below and in Sections 5A and ' shall be responsible for covering the short fall. T B of this Agreement. In the event that the DEVELOPER is required to provide upfront funding 'A Deleted:t in excess of $2,854.000 (the total City Sanitary Connection Fees required for the SUBJECT Deleted:he CITY can require the prepayment of alternative fees(such as PROPERTY ($2.000 x 1,427 units)) plus $2,567,316 (the total IPF Fees required for the municipal and administrative fees)that Ll� are identified on Exhibit H and redirect these fees towards infrastructure SUBJECT PROPERTY($3,523 x 728.73 acres}provided permanent facilities are included in the improvements. I _ improvement plan and YBSD agrees to provide full credit for this contribution) to coyer the Deleted:All i sanitary improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future developments. Through the annexation agreement process, the CITY acees to require future development to prepay all required Sanitary Connection Fees at the time of annexation or use of said improvements, whichever occurs first. and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. kA* Utility IY )eslgn - The DEVELOPER agrees to work with .the CITY and.YBSD fora Formatted:Underline I _. _._ Formatted:Underline period of twelve (12) months from the date of this Agreement to identify a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable to all Parties. A scalable solution would require that all or a portion of planned improvements will function as part of the permanent utility system and would provide capacity beyond that required for the SUBJECT PROPERTY. Said. solution cannot exceed $5,421,316 (the combined. total of the 8 required Sanitary Connection Fees and the IPF fee)unless alternative revenues are identified that do not require anv additional contributions by the DEVELOPER or as otherwise at?reed by all Parties. As part of this effort, the DEVELOPER agrees to fund their pro-rata share of an evaluation of alternative sanitary options by Walter E. Deuchler Associates up to a maximum contribution of$15,000. Said contribution would be due from the DEVELOPER at the time the CITY records this Agreement. In the event that a sanitary system that can be built utilizing the CITY's Sewer Connection Fee and YBSD's IPF fees is identified within this timeframe the DEVELOPER and CITY agree to revise this Section of this Agreement to reflect the scalable solution. In the event that said sanitary system plan is not identified within this timeframe, the DEVELOPER shall be authorized to proceed with the construction of the sanitary. improvements as identified in Sections 6B-F of this Agreement utilizing prepaid CITY sewer tap fees as discussed in the first paragraph of Section 6,, mil ' _ .._ I Formatted:No underline � ............ Lift Stations,-The CITY shall allow DEVELOPER to engineer, construct, and utilize ,--_.- � ;A two temporary lift stations on the,,SUBJECT PROPERTY of_adequate_capacit----------------------- to service the Formatted:No underline 1 Formatted:Underline 15LJBJECT PROPERTY. One lift station would be located south of NH 5 near the Aux Sable -- - — -station-would --------- -------' -------- ---- (Formatted:No underline 1 Creek to serve the property north of Walker Road. This lift station can be upgraded to service Deleted:SUBJECTPROPERTY the second lift station which will be located along Caton Farm Road to serve the development 1.Deleted:SU13JECTPROPERTY J � J between Walker and Caton Farm Roads. The CITY shall allow the DEVELOPER to construct 1.Deleted:s said lift stations subject to engineering review. These improvements shall be funded as specified in Sections 5A and B of this Agreement. Both of the temporary lift station facilities shall be operated by the CITY at DEVELOPER'S expense during the first five (5) years of operation. After five (5) years of Deleted:If the Yorkville-Bristol operation, the .temporary lift stations shall be considered long term facilities and shall be sanitary District or the CITY utilize either of the lift stations in its operated at the CITY's expense. ln the event that either of the lift stations are abandoned within construction of permanent sanitary sewer, service facilities to Serve the SUBJECT the first five years of operation, the DEVELOPER shall remove said lift stations�t the_ir- -w__n__ PROPERTY or adjacent properties,thin the CITY shall reimburse the DEVELOPER for the cost of operating expense. If any of these facilities are abandoned later than five years from the initial date of `, the portions of Said lift stations that become part of the permanent sanitary operation,removal shall be done by the CITY at the CITY's expense. sewer system. Said reimbursement shall be paid to the DEVELOPER within thirty (30)day s of the date of transfer of C� Sanitary Sewer—The ultimate concept plan for tile------------------------------------------------Aux Sable/Caton Farm interceptor ownership of either lift station from the DEVELOPER to the CITY or YBSD. sewer prepared by Walter E. Deuchler Associates for the Yorkville-Bristol Sanitary District Deleted: Deleted:B 9 (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately 800 linear feet, across the Windett Reserve Subdivision. If the CITY and/or DEVELOPER re able to obtain an exclusive easement for the installation of the vi Deleted:is J _ h._ `� _ _... _. .... _---.... sewer from Wiseman Hughes, the DEVELOPER shall install the 24" gravity sewer provided. this improvement has not already been constructed at the time it is needed to service the SUBJECT P.ROPER'IY_ Deleted:. If the CITY andor DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the installation of the 24"gravity sanitary sewer, the DEVELOPER will construct a 10" force main in this same location (800 linear feet across the Towns of Windett Reserve ,5ubdiv ision) to provide sanita sewer service to the SUBJECT PROPERTY. The Deleted:Windett Ridge Phase n ---------.- - --- ----..._._ .-ry--- _..------------ Subdvision CITY shall allow the DEVELOPER to construct and operate said force main subject to Deleted:SUBJECT PROPERTY engineering review. Furthermore, the CITY shall allow the DEVELOPER to place the PROPERTY temporary force main in any off--site easements and/or the CoinEd easement in order to service Deleted:SUBJECT Deleted:¶ the SUBJECT PROPERTY. If, despite using their best efforts the DEVELOPER is unable to Deleted:will obtain an off-site easement as referenced above,the CITY will allow the DEVELOPER to utilize I Deleted:SUBJECT PROPERTY Deleted:SUBJECT PROPERTY the existing Route 47 right-of-way to service the SUBJECT PROPERTY. If required this 10" --- I Deleted:I force main shall be funded as specified.in Sections SA and B of this Agreement Deleted:a The DEVELOPER shall be allowed to construct a 10"force main from the ending point Deleted:capping 'j,Formatted:Underline of either the 24"gravity sewer or 10"force main described above to the SUBJECT PROPERTY — —- --- - ----- - Deleted: The above descrilW along Route 47 to service the improvements shall be funded as ^SPTBJFC-- PROPERTY.__This improvement shall be funded a- gpecified in Sections 5A and B of tL. specified in Sections SA and B of this Agreement. greement$ C.Use by Others-If during the In the event that the-force main is abandoned within the first five­-­-.-­-.­-..1 ears of operation the temporrary lit station of the DEVELOPE force main and/or I ----..__ ---- ----_.. -__-- ..------ ----- — ---...? ----' anvadiacentPropertyownerrepues is DEVELOPER shall remove all contents within cap and plug said improvement and abandon approval to utilize said lift station and/or force main the DEVELOPER shall be Said improvement in y place in accordance in .anCe With all pertinent regulations and sound en g ee217]g allowed to charge the adiacent propert owner for access to theDEVELOPER's practice at its own expense. If this improvement is abandoned later than five years from sanitary sewer facilities. The fee, om the ! interest-and time of payment shall be calculated solely at DEVELOPER'S initial date of operation,abandonment shall be done by the CITY at the CITY's expense_ 1 discretion. The 10"force main will only ._-.---._- _..._.. be accessible for use by other . Ca aci _-_The CITY due to a possible lack of sanity sewer plant ca aci , a ees developments in the event that the ' p---------------------------sanitary sewer -y - SUBJECT PROPERTY is guaranteed - capacity for any remainine dwelling units not to allocate its annually allotted building permits in any manner that would be detrimental to ID annex• ¶ - .._ . — --...... the SUBJECT PROPERTY, nor shall te CITY reserve any_number of building permits for any Deleted:_ ------------------I------- ----- --- _ , D other development if such reservation would result in an insufficient amount of building permits Deleted: 1 Formatted:underline J Deleted:SUBJECT PROPERTY 10 Deleted:SUBJECT PROPERTY being available to the SUBJECT PROPERTY. In no event will building permits be withheld by -. ---------- --...---.-..---------------------- --- ---------- Deleted:SUBJECT PROPERTY the CITY on the SUBJECT PROPERTY based on the existing sanitary_sewer capacity issues or capacity of the YBSD waste water treatment plant. E. In the event xlie DEVELOPER ve ize. the onsite sanitary sewer to Deleted.E. k -- .p �,...... - ------ - - v- - Deleted: 11 1 serve additional land area outside of the SUBJECT XROPERTY. the improvement shall he { Formatted:No underline ) elil ible for recapture. The total cost�inctudina design)of the sanitary sewer improvement which Formatted:No underline Deleted:At the request of the CnY, benefits offsite properties,will be recovered fiom benefiting properties through recapture based Deleted:is on a pro-rate share usin ,an acreage_basi� This recapture agreement would be entered into at the Deleted: time of final engi.neeriniz. Deleted:ing F,�_YBSD Easements-The DEVELOPER will grant easements to YBSD to allow for the Deleted:;,;, �oOP�ERTY construction of the Aux Sable/Caton Farm interceptor sewer along the Aux Sable Creek. The Deleted- total width of the permanent easement will be determined at the time of final platting with input ', Deleted`s'Z'°g Deleted: not attributable to the from YBSD. The DEVELOPER also agrees to provide a temporary construction easement SUBJECT PROPERTY adjacent to the permanent sanitary easement not to exceed a total of 100 feet in width. Both the Deleted:on Deleted:as descnbed in Exhibits Fib temporary and permanent easements must be located entirely within established floodplain. Any and Fie restoration work required in the easement area due to the installation of the sanitary sewer shall Formatted:Font:sold,underline I F Formatted:Font:Bold,Underline be the responsibility of YBSD. Any land area disturbed by the installation of the sanitary sewer Deleted:F shall be restored consistent with existing conditions (prior to construction) and will follow the maintenance and monitoring schedule previously established by the DEVELOPER. Deleted:The approximate locations of 7. WATER IMPROVEMENTS. The ultimate-concept- for water distribution ,- the infiastructure improvements for water ---- --------------------- - - - - - for southern Yorkville, as prepared by EEI, consists of the following improvements: extension are illustrated in Exhibit Fla. of a 16" water main from its existing location along Route 47, near Windett Ridge south, to Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm Road and a 16"water main along Immanuel Road. In order to move forward with the realization of this plan, the CITY and DEVELOPER agree to the improvements identified below. Deleted:Ali i J __improvements identified Vin_Sections 7A_&D_,shall be funded as specified below and in .- - ------._ -- Deleted:belowi Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to provide Deleted:F upfiont funding in excess of $4,841,359 (the total Water Connection Fee required for the Deleted:and a portion ofimprovemenis identified in 7B SUBJECT PROPERTY ($3,700 x 598 SF units + S3,171 x 839 MF/TH units)) to cover water improvements that are described below. the DEVELOPER shall be entitled to recover excess 11 fees from future development. Through the annexation agreement process, the CITY agrees to Deleted:at the time that constm�� commences require future developments to �repay all required Water Connection Fees at the time of Deleted: annexation or use of said improvements,whichever occurs first, and to forward said funds to the Formatted:f Deleted:eng DEVELOPER until a recovery in an amount equal to the excess funding has been provided. In Deleted:SUBJECT PROPERTY the event that another developer elects to move forward with all or a portion of the water s,�s� Formatted:Not Highlight improvements described herein in advance of the DEVELOPER the DEVELOPER agrees to Deleted:J y' Formatted:Not Highlight prepay all or a portion of its required Water Connection Fees to the CITY within sixty(60)days Deleted:x of the commencement of construction,on said improvements in an amount equal to the costs of „' 'i Deleted:Development south of walker ----- ---- ------ Road shall require constriction of the Bald. improvements but m.no event more than the total required Water Connection Fees for the NW Water Main Loop extension or water storage facility as described in Section G. SUBJECT PROPERTY. below. ' d Formatted:No underline A. General Overview-The CITY shall allow DEVELOPER to construct and utilize one �.-_.._.... _......._...- ....-_ .. __..._.. _ .. ..._.. „w, Deleted:Ifa 1,000 GPM deep well, a water treatment plant and an off-site water main extension(along Route ;.'j Deleted:A j -------g ---------------------s 47) to service the, UBJECT PROPERTY for all development occurtin north of Walker Road. Deleted:is — 1 Deleted:will be J The CITY shall allow the DEVELOPER to construct and operate said improvements subject to' --- — — Deleted:idge normal engineering review and subject to the "Design-Deliver-Build" and "Bidding and Deleted:SUBJECT PROPERTY �u Deleted:and down to Caton Farm Road Construction" provisions contained in Sections !A&I of this Agreement. ,x ll 1mprovem-n- Deleted: identified above will be funded as specified in Sections 5A and B of this Agreement. § ,•' Deleted:t B. Route 47 Water Main A.16"water main will br._extended from its current location Deleted: T Deleted:would near Towns of Windett Reserve-south to the,SUBJECT PROPERTY along Route 47 and then -- {Deleted:is required to west to the City Public Works�This improvement will-provide provide water service to the region;r" Deleted:s and benefit_adjacent properties (on both sides of Route 47) Therefore, the total cost of this , " Deleted,linear footage with each ._ ------------------- _ .. _..__._ ... .._.........__..__._ .-_-____._ benefiting property owner on Route 47 improvement is eligible for recapture based on the service area and will be funded b Water responsible for 50%of total costs per p g p y linear foot. Connection. Fees paid by future development at the time of annexation. The details of this ' Deleted:In the event that this improvement is shifted west of Route 47 recapture will be established at the time of final platting/engineering. (and located internal to the site),the improvement is still recapturable with The CITY shall allow the DEVELOPER to lace the off-site portions of this water main `: recapture calculated based on the shared Ii P Route 47 frontages that exist in the alternative location. The DEVELOPER extension In any off-site easements and/or the ComEd easement in order to Service the shall not be penalized by the loss of recapture by locating this regional SUBJECT PROPERTY. If, despite using their best efforts,the DEVELOPER is unable to obtain improvement internal to the SUBJECT PROPERTY. Improvements re L& 27 an off-site easement as referenced above, the CITY will allow the DEVELOPER to utilize the {Formatted:Font:Bold ,existing Route 47 right-of-way. The agrees to allow DEVELOPS to connect to the Deleted:. Y .–_ - ----------------------- ------ - Deleted: CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision and utilize Deleted:Assuming the ClTY za Deleted:, 12 this single source (with an internal pressure reducing va ve to serve 100 dwelling units on the Deleted:u".SUBJECT g P �_� )------------------------ -unit,--(------ -----" i PROPERTY r291 ,SUBJECT PROPERTY with potable water until the,south-side water improvements have been Formatted:Superscript constructed and are operational. The issuance of the 101�i bulldin<gpermit will be wlthhe_Id until_ Deleted:SUBJECT PROPERTY tFormatted:Underline the deep well and. water treatment plant is placed on-line. The CITY will issue 100 occupancy leted:Caton Farm...will install a permits with the single source watermain and internal pressure reducing valve. •water main along Caton Farm Road oss the entire frontage of the „ 30 This improvement shall be constructed within twelve (12) months of the recordation of leted:SUBJECT PROPERTY I' Deleted:SUBJECT PROPERTY. This the first residential final plat of subdivision on the.�SUBJECT PROPERTY. - ------------------------------------____-- �,: improvemmtisaperimeterimprovement which benefits offsite properties. As C. Water Mains — The DEVELOPER understands the CITY's master watermain flan such,it will be subject to recapture shows 16" watermains to be installed adjacent to Caton Farm Road, Walker Road, Immanuel - Deleted:based on linearf-ontage 50%...per linear foot as identified m Road and Route 47. If the DEVELOPER installs watermains adjacent to these roadways, the EihibltF2b 31 +�;� Formatted:Font:Bold DEVELOPER will receive recapture from adjacent properties. If the CITY allows the l/ Deleted:The details ofthisre ••• 32 DEVELOPER to route any of these watermains internally, as opposed to at the perimeter, the Deleted:In the event that this ,,, 33 Deleted:This improvement 34 DEVELOPER shall receive recapture for any oversizing with each benefiting property owner ,' i Deleted:SUBJECT PROPERTY responsible for their prorata sharp,, total cost:8, Any recaptures owed the DEVELOPER shall be ± ,'; Deleted;SUBJECT PROPER 35 paid by future development at the time of annexation. Deleted:based on linear frontage 4" I Deleted:with each benefiting .,. 36 D Water Storage Facility — The CITY's master water system plan shows a five (5) a -...---- ..r'....---.._._..-._..-_ ._. .._._...... .. ...��- -------....-- --------- - - - - Deleted:50°/u million gallon stand pipe on the SUBJECT PROPERTY. The DEVELOPER shall be Deleted:nfmtalcosts responsible for contributing the cost of a 1,000,000 gallon water storage tank to the CITY. At Deleted` perlmear foot asi 3 Formatted:Font:Bold the DEVELOPER's discretion, this contribution can be a cash contribution of $2,000.000 Deleted: Theaetailsofthis 38 (adiusted annually beginning in 2008 based on the Engineer News Record Construction Cost Deleted*In the event that this ... 39 Index and would be credited towards required Water Connection Fees), a"draw down" a ag inst Deleted`n'r�'mpr°"eme°tst' ••• 40 Deleted:SUBJECT PROPERTY the SSA when bonds are issued for said improvement, or DEVELOPER acce tance of a P Deleted:SUBJECT PROPER 41 construction contract. With these funds, the CITY shall have the option of proceeding with the , Deleted:based onlmearfrontage construction of a five(5)million.gallon stand pipe,4 one(1)million gallon water storage facility Deleted wrthearLbenefitmg ••• 42 Deleted:50%of or,the NW Water Main_Loop extension If the CITY elects to build a one (1) million align Deleted:tood costs elevated water storage tank or the W Water Main Loop extension. the DEVELOPER'S i"' Deleted: perunearfootasi 43 N Deleted:. The details of this q4 contribution is capped at$2.000.000(adjusted annually beginning in 2008 based on the Engineer Deleted: In the event that th' 45 News Record Construction Cost Index and would be credited towards required Water Deleted:Thisimprovementsh , Connection Fees. Formatted:No underline e Deleted:F_ _47 Formatted:Font:Bold Deleted:of..., ... 48 13 Upon issuance of the 200; residential building_permit the DEVELOPER shall at the Formatted:Superscript direction of the CITY, fund the cost of engineering design work for either a water storage facility Formatted:Superscript or the CITY'S Northwest Watermain loop The CITY shall complete said engineering desiRm ;' Formatted:Superscript work and move forward through the bidding process so that the CITY is in a position to award a Formatted:Superscript Deleted:At the time of the 300` construction contract for said work within 30 days of the issuance of the 300th residential !/ residential building permit or in �' anticipation of commencement of building permit on the SUBJECT PROPERTY. ' construction for any other land use(i.e. commercial development or the In the event the CITY elects to move forward with construction of a 1 000 000 ag llon construction of a school)on the Deleted:SUBJECT PROPERTY water storage tank or the Northwest Watermain loop the DEVELOPER will either provide a Deleted:SUBJECT PROPERTY,the DEVELOPER will be responsible for contribution of$2;000,000 (as described above) or contract directly with the CITY'S accepted r contributing the cost of a 1,000,000 gallon water storage tank to the CITY. bidder within 30 days of the issuance of the 300; residential permit In the event the CITY At the DEVELOPER'S discretion,this contribution can be a cash contribution elects to construct a water storage facility larger than 1,000,000 gallons the DEVELOPER will Deleted: s provide a contribution of$2,000,000 (as described above) and the CITY will contract with the Deleted:of$2,000,000(this contribution would be adjusted annually accepted bidder for the construction of the water storage facility within 30 days of the issuance ' beginning in 2008 based on the Engineer News Record Construction Cost Index th and would be credited towards required of the 300, residential permit. Construction of the selected Improvement shall be completed° Water Connection Fees)or can be a "draw down"against the within eighteen(18)months of the issuance of the 300 building permit and,Drlor to the is `:' . _------------. _ _. — _.... Deleted:Pay-down of an occupancy permit for any non-residential land use ;This improvemenhall,at a minimum, Deleted:SSA when bonds are issued - R for said improvement. At this time,the provide adequate fire flow for all of the,$UBJECT PROPERTY The 501' building permit for a CITY sham have the option of St _-... commencing construction of a minimum residential unit. Or an occupancy penult for any non-residential land uses Shall be withheld until of a one(1)million gallon water storage facility or the NW Water Main Loop either the water storage facility or the NW Water Main .Loop extension are completed or 18 extension. Said , Deleted:twelve(12) months has passed from the issuance of the 30C building pemli.t, whichever occurs sooner. All Deleted:or ----------------------------------- J improvements identified above will be funded as specified in Sections 5A and B of this `• Deleted: provided the DEVELOPER has prepaid the cost of the engineering Agreement. design work for this improvement upon the issuance of the 201'building permit. Capacity- In no event will building or residential occupancy permits-be withheld on "''; Deleted: -- - --- - --- --- ---- the,$UBJECT PROPERTY based on fire flow capacity issues Deleted:and Formatted:Superscript F S hallow Well Sites-_On_or-after the date hereof, the_City_and-------presentarives may, �Deleted:SUBJECT PROPERTY - - from time to time, enter upon the,5UBJECT PROPERTY for the purposes of inspecting and I Formatted-Superscript drilling the same in order to locate a well site. The Owners and Developers agree to fund the ,'' Formatted:superscript Deleted:¶ completion of the Shallow Well Siting Program(in an amount not to exceed$330,000)for up to Formatted:underline two (2) shallow well sites on or within the vicinity of the SUBJECT PROPERTY and to Deleted:G (Deleted:SUBJECT PROPERTY cooperate with the City in the conduct of its investigations. Said right of entry is upon the Deleted:H Deleted:subject Pro.perty 14 express condition that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY. The City shall indemnify, save and hold the DEVELOPER harmless Deleted:Subject Property Deleted:party from and against any claim of loss or damage made by any third -M arisin g from the entry ___ - onto the rSU-BJECT PROPERTY by the CITY, its_employees, representatives, or agents._ The Deleted:SUBJECT PROPERTY .- C= shall be liable for actual damage to crops calculated on a per acre basis based upon the current prevailing market rates for the crop in question.The CITY shall notify the DEVELOPER of its proposed location of up to twg -) half acre well sites on the JSUBJECT PROPERTY Deleted.�e --------------------------------------- -------------------------------: - Deleted:5 ("Well Site(s)") within twelve (12) months of the date the DEVELOPER provides the Deleted:sUBJECTPROPERTy aforementioned funding for the completion of the Shallow Well Siting Prog rarra{ The CITY shall Deleted:prior to thereeordation of the fast final plat of subdivision for the not withhold approval or recordation of said plat based on their inability to locate said well sites. SUBJECT PROPERTY Said location shall be subject to the reasonable approval of DEVELOPER. The DEVELOPER shall donate said Well Site(s) to the CITY; provided, however that the location of the Well Site(s)shall not impede the orderly development of residential neighborhood,reduce the-,density of the such Owner's or Developer's parcel and shall not require changes to such Owner's or Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or Developer's engineering. In order to minimize the impact to this master planned community,the CITY shall use best efforts to locate well sites on public portions of the,SUBJECT PROPERTY Deleted:SUBJECT PROPERTY or in existing open space corridors. Additionally, the CITY will work to minimize the distance of the shallow well to the deep well. Construction of an individual shallow well site must be Deleted:twelve(I ) completed within amonths of the recordation of-a final_plat of subdivision_for that portion of--------------------------------- the SUBJECT PROPERTY in which a well site is located unless otherwise agreed by both Deleted`SUBJECT PROPERTY _.. ....- ---- -- --- .- . Parties. r _ Deleted: Fire Hydrants--Any fire hydrants-that are not in service within 30 days-of installation Deleted:1 shall be marked or bagged by the DEVELOPER. Design-Deliver-Build .Requirements — DEVELOPER agrees to fund/finance all "" leted:e ...._-..- ..... -._......_ .. - .. - ----- -------- ------- Formatted:Underline testing, design, construction and construction management for one(1)deep sandstone water well with a nominal capacity of 1.000 gpm (W), a 1.000 gpm water treatment plant with the appropriate room for a high service pumper station, as well as the appropriate expansion considerations built in (WTP, and a 16" water main (WM) extension from the Windett Ridge Subdivision to the Well,Water Treatment Plant and future Water Storage Tank site(collectively 15 referred to as W/WTP/WM). The CITY agrees to provide the construction documents for each of these improvements. The DEVELOPER agrees to provide the appropriate construction documents for all other water system improvements required to sme the SUBJECT PROPERTY This may include but is not limited to, finished water main to connect to the 'large diameter water main at the W/WITVM and then the distribution throughout the SUBJECT PROPERTY a temporary Pressure Reducing Valve Station that can be utilized while the Water Treatment Plant is being constructed and any other water distribution system components required to effectively provide water at the appropriate flow and pressure throughout the SUBJECT PROPERTY The CITY shall have the final decision on any additions or subtractions to the W/WTWWM construction contracts provided said contracts are consistent with improvements defined within this Agreement DEVELOPER shall provide all coordination and upfront funding for the construction of all utilities (i.e. water, sanitary sewer. stomiwater. street access electric gas (if required) and phone to the W/WTP/WM. Said costs are to be covered as provided in the firstparagraph of Section 7. DEVELOPER shall maintain ownership of all of the W/WTP/tiVM facilities until the CITY accepts said improvements. DEVELOPER has agreed to permit the CITY and its agents and/or assigns access to all facilities. A surety will be provided by the DEVELOPER for the W/WTP/WM improvements unless improvements are paid for utilizing an SSA in which case BP surety will be required Said �oe�eted:r surety, if required, may be in the fomi of a Letter of Credit or Perfonnance and/or Pavruent Bond.at the discretion of the DEVELOPER. Bidding and Construction Process — CITY and DEVELOPER will collaborate to Deleted:x _. — - Formatted:Underline develop a list of pre-approved contractors far each W/WTP/WM construction contracts The CITY will transfer the W/WTP,.AVM construction documents to the DEVELOPER upon completion and issuance of all required permits. DEVELOPER will conduct bidding for each contract. All bids will be submitted to the CITY and CITY's engineering consultant for review along with the DEVELO.PER'4 recommendation for bid award The CITY and CITY'S engineer consultant will provide comment on the bidding and advise regarding whether they 16 agree with the recommendation for award. Upon approval of the CITY, the DEVELOPER will enter into the construction agreement with the contractor(s). The DEVELOPER will provide an executed copy of all continct documents to the CITY and CITY's engineering consultant upon execution. The CITY's engineering consultant will provide the contract administration (i.e. contract administration, pay request review and recommendation, shop drawing review, facilitation for the pre-construction conference. and change order review and preparation). surveying and drafting(i.e. construction staking. drafting for potential modifications to the contract documents, and record drawings), and construction observation (i.e. periodic construction observation and field reports and periodic construction progress meetings) for the W,,%NITP/WM construction contracts. All contracts for the WrWTP/WM will include specific performance provisions for all parties involved in processing and paving contractor invoices. Said provisions will require that the contractors for each of the W/WTP/WM contracts submit payment requests to the CITY's engineering consultant no more than once per month. The CITY's engineering consultant will review the pay request and facilitate the issuance of a letter recommending payment to the DEVELOPER within 10 business days of receipt. Copies of the recommendation letter will be provided to the contractor and to the CITY,and.any other parties as specified by the contracts. Any changes required to contract documents that require the issuance of a change order will require written approval from the DEVELOPER. construction contractor, CITY and CITY's engineering consultant. Signature lines will be provided for all parties on change orders. The approval process and required signatures shall be coordinated in the following order: 1) contractor,2)CITY's en.rind, eering consultant, 3)DEVELOPER and 4)CITY. 8. ROADWAY IMPROVEMENTS. The approximate locations of the Deleted:a infrastructure improvements for roadways are illustrated in Exhibit F3 The DEVELOPER shall not be required to provide any improvements in excess of those specified by EXHIBIT F3 and described below: �� 'n A. Proposed Wheeler Road - DEVELOPER agrees to dedicate 80' of right-of-way in accordance with collector roadway standards. DEVELOPER agrees to construct this roadway in 17 accordance with collector roadway standards which require a 39' back-of-curb to back-of-curb Deleted:SUBJECT PROPERTY roadway width. The typical collector road cross section for Wheeler Road shall consist of 1.5" Deleted:It is agreed upon by the Parties that the CITY will give credit bituminous concrete surface course, 4.5" bituminous concrete binder course and 12" aggregate against the CITY road impact fee the gg re g �` DEVELOPER for the cost of upgraa the base course CA-6, with a typical parkway width of 20.5 feet. This improvement will be Wheeler Road(including the increased pavement width of 39'back-of-curb from 30'back-of-curb,increased bituminous constructed in two phases. The first phase, which includes construction of Wheeler Road from concrete binder course from 2.5"to 4.5", the increased aggregate base course from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47, will be 10"to 12",the additional top soil respread cost allocated to the increased constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever parkway width from to 20.5 feet and any additional earthwoo to excavation due occurs fast. The second phase, which includes the bridge crossing over the N/S Creek Corridor i' to the increased right-of-way width from 66'to 80')to a collector(80'ROW)from to the . PROPERTY's western bounda at Immanuel Road, shall be constructed ,' that would hneighborhood e en built if traffic from ,,SUBJECT................__....__._._..__...-..__-.._...._..-....._....-----------ry ----._.......-......_... . ---....____-..-_---..__.--.._..., other developments was not considered. within twelve months of the final platting of Neighborhood 1 or the commencement of Additionally,the CITY will provide a credit against the CITY road impact fee construction of the planned Fire Station,whichever occurs first. to the DEVELOPER for the additional ._-___.._._......................._......._....._.._........ costs associated with constructing the B. Walker Road-DEVELOPER agrees to dedicate 40 of 1/2 right-of-way in accordance expanded bridge over the creek crossing(due to the upgrade to a collector roadway). with Kendall County Highway Department's s ndards, All improvements to Walker Road will Deleted:collector roadway ----- be credited against the CITY's County Road Impact Fee. If thi! feq does not cover the cost of Deleted: (80'ROW where the ----------- DEVELOPER controls both sid ... 49 required improvements, the DEVELOPER has the right to recapture the cost of said `. Deleted: andao'one-ha1fROWwhere the DEVELOPER controls only ,,, 50 improvements based on linear frontage from benefiting Properties Road improvements for this -J Deleted-) roadway will be completed within twelve 12 months of the commencement of improvements Deleted:All road improvements will be completed in accordance with K for the `Deleted:ese Walker Road commercial parcel. .............. Deleted:s 1 ------------------------------------------------------------------------ -......_..._.....—.—...........-._.......—_ C. Caton Farm Road - The,SUBJECT PROPERTY is located entirely north of the ';;;;, Deleted:DEV EoLOPEER agrees, --------------------------------------------------------- 1 existing Caton Farm Road (the existing roadway is NOT located on land controlled by the Deleted:SUBJECT PROPERTY Deleted:SUBJECT PROPERTY. If DEVELOPER). The DEVELOPER agrees to dedicate any land that they own which is located the COUNTY or another gov ss within forty (40) feet of the existing centerline of this roadway. However, since the existing Deleted:9,10 Deleted:or within 12 months of the roadway is located entirely offsite, the DEVELOPER will not have any responsibility for the commencement of improvers construction of future improvements to this roadway, At the time that an adjacent I Deleted:SUBJECT PROPERTY I'll ------OPERT----I ---- Formatted:Not Highlight owner/developerkor, the CITY improves this roadway, the DEVELOPER will be res onsible for F _ Formatted:Not Highlight its proLaa,share(50%) of the cost of roadway improvements to bring the current roadway up to_ -_-- Deleted:e CITY standards (which includes two 12' lanes with a 4' aggregate shoulder) based on linear Formatted:Not Highlight ' Formatted:Not Highlight frontage. DEVELOPER contribution will be due Jo the CITY within 90 days of the issuance of Formatted:Not Highlight the certified costs for said improvement. The DEVELOPER shall not be allowed to gain any Deleted: We are responsible for 50% of costs of improvements...n Formatted:Not Highlight 18 access to Caton Farm Road from the planned commercial site or be allowed to obtain residential Deleted:o permits issued for NH I I building permits for NH 11 until this improvement has been completed. ,fin the event that the until these improvements are in place. DEVELOPER elects to move forward with this roadway improvement on its own initiative, the Deleted:their DEVELOPER would has the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. D. Immanuel Road _ 40' /z DEVELOPER agrees to dedicate a ri gl1 t-of-wa Deleted:of 3 . - yf- `= Deleted: in accordance with collector DEVELOPER agrees,to p bring the current roadway u to CITY standards which includes 2-12' roadway standards(40'one-ha1fROW) ------------------------------ - -------------- , Deleted:,at their own expense,to lanes with 4' wide aggregate shoulder. The DEVELOPER will overlav the existing roadway ;, construct turn lane improvements and storage bays at all access points planned with 4.5" binder course and 1.5" of surface course. This improvement shall be across the along Immanuel Road that are required to S serve the SUBJECT PROPERTY's frontage and will be eligible for recapture from benefiting_properties Deleted:SUBJECT PROPERTY based on linear frontage. This improvement shall be completed within twelve (12) months of Deleted:SUBJECT PROPERTY in two phases. The first phase,which the final plat approval for NHs 1 and 2,whichever occurs first_................................................. consists of the wheemenmmhall intersection improvements,shay commence upon the issuance of the 400' E. IL Route 47 - DEVELOPER agrees to dedicate right-of-way in accordance with ;; building permit on the arterial roadway standards (60'one-half ROW where available (e.g. this standard _a,� nnot_b_e Deleted:SUBJECT PROPERTY Deleted:SUBJECT PROPERTY. The provided where the ROW is adjacent to existing ComEd easement)), unless otherwise required `:'i', second phase,which shall include intersection improvements located west bv IDOT. In the event that IDOT requires a tiz ROW dedication in excess of 60', the CITY `:`; ofNeighborboods 1,2 and 3,shall be completed within 12 months of the final grees to reduce its IL Route 47 landsca e buffer area b the amount of the excess dedication ',' pig ofNerghborhoods 1 z' a p y whichever occurs first. If the CITY or (i.e.the buffer area would be reduced by 1' for each 1' of excess ROW required over 60'). In no another governmental agency desires to ;niaate additional upgrades t o this mad (beyond turn lane improvements),the instance shall the ROW dedication on the,5,UBJECT PROPERTY exceed-60'-from-the existing DEVELOPER will agree to undertake said improvements provided the CITY centerline. DEVELOPER agrees, at their own expense, to construct turn lane improvements provides a credit towards Road Impact Fees that would otherwise be due from required to serve the r5UBJECT PROPERTY in three phases. The first phase, which shall ` the property. Said credit shall be tP -.--------- -----__..---- --__ provided in an amount equal to the costs include the intersection of Wheeler Road and IL Route 47, shall be completed within 18 months of the requested upgrades. Deleted: of the first final plat of subdivision for the SUBJECT PROPERTY._ The second_phase, which Deleted:of shall include the intersection of Walker Road and IL Route 47, shall be completed within 18 `• ` ` Deleted:cannot months of the final platting of NHs f 7 or within 18 months of commencement of construction Deleted:— PROPERTY Itted•SUBJECT ------ ....... IDeleted:SUBJECTPROPERTY of improvements for the adjacent commercial site, whichever occurs first. The third phase, '", (Deleted:SUBJECT PROPERTY which shall include the remaining three intersections located south of Walker Road up to and • Deleted-9 Deleted:10 including Caton Farm Road will be completed within 18 months of the final platting of NHs 8 9 ,- 1)._or ro -within 18 months of commencement of construction of impvements-for-the--Caton_ Deleted:,12 Farm/Route 47 commercial site or the Walker Road/Route 47 commercial site,whichever occurs 19 first. If the CITY or another governmental agency desires to initiate additional upgrades to this road (beyond turn lane improvements), the DEVELOPER will agree to undertake said improvements provided the CITY provides a credit towards Road Impact Fees or other CITY impact fees that would otherwise be due from this property. Said credit shall b�rovided in an amount equal to the-costs of the requested upgrades. The timeframes for improvements identified above shall be subject to any required MOT permits/approval. F.Dedication of Right-of-Way-Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the DEVELOPER and/or OWNER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois,Kendall County,or the CITY as necessary,as long as these rights have been previously identified in thisA greeinen t Such request for conveyance of right of way Deleted:agreement shall have no impact on any entitlement previously granted to DEVELOPER by the CITY. C. Aoad Contribution Fund III exchange for the DEVELOPER's agreement to - Formatted:Underline ) - = Formatted:Font:Bold ) undertake roadway improvements in excess of those that would othenvi:se be required for this Deleted: .H development(as provided in Axhibit F4). the CITY agrees to provide the DEVELOPER with a Deleted:c full waiver of the Road Contribution Fund for the SUBJECT PROPERTY in an amount equal to Formatted:Underline ) Deleted:.Roadway Uperades—The $2.854,000. construction of additional roadway upgrades requested by the CITY which u; are not anticipated at the time of this ------------------------ - Deleted: . SECURITY INSTRUMENTS. — —� . --- -- ' ------------ Deleted:.,,,;, ., Agreement ,A. Posting Security.__ OWNERS and DEVELOPER shall_ re deposit, or cause to be�';1';,, Deleted:(e.g.where roads a up, from local streets to collectors or whe, deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security additional roadway improvements are constructed in addition to turn lane Instruments") to guarantee completion and maintenance of the public improvements to be improvements)requested by the CITY #4 Deleted:available constructed as a part of the development of each Phase of Development as are required by Deleted:are dependent upon funding applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to from the CrrY's Road Impact Fee Credits(as collected from other properties)or an alternative revenue to be compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety ,I identified by the cny. The DEVELOPER shall not be required to bond will be used as the security instruments. The amount and duration of each Security undertake any roadway upgrades where reimbursement funds are not identified Instrument shall be as required by applicable ordinances of the CITY. The City Council upon and agreed to Deleted: in advance of construction.¶ recommendation by the City Engineer, may from time to time approve a reduction or reductions -- Deleted: in the Security Instruments by an amount not in excess of eighty five percent(85%)of the value ,`. Deleted:¶ certified by the City Engineer of the completed work, so long as the balance remaining in the Formatted:Indent:First line: 0.5", Tabs: 0.25",Left+Not at 0" Formatted:Bullets and Numbering 20 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. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements,per United City of Yorkville's Resolution No. 200(;_9,the .- Deleted:oa OWNERS and DEVELOPER shall be required to post irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. Del ' B. Acceptance of Under ound Im rovements and Streets. U on com ion and Deleted.¶ p ---- p__ — p ----------`------ Formatted:No underline inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. he CITY shall exercise_good faith and due dili ence in acc tin said ub i Deleted.I CITY g------------------- —____ ....----- --- ep n------- —P------ improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance,and if public improvements are in compliance with City Ordinance requirements upon review of City staff, shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans and all punch list items. Public improvements shall be accepted when 70% of the units within the phase of development have been constructed provided the improvements are in conformance with the ordinances of the CITY. he CITY a agrees to take on the responsibility of snowplowing for an individual street Deleted:, ... ----- — --------------------------p------- - -1'---------.--------g------------.------------------- upon the issuance of the first occupancy permit. The CITY will plow the subject street and a route to provide ingress/egress out of the subdivision to a main external roadway. - Deleted:¶ C. Transfer and Substitution. Upon the sale or_transfer of any portion of the SUBJECT _-_'_ ' -- • --�'---- -------- ------- --------- Deleted: . PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its {Deleted:SUBJECT PROPERTY Security Instruments for public improvements upon the submittal and acceptance by the CITY of 21 a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 10 PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC Deleted:¶ f IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood(i.e.park areas,offsite utilities,homeowners association open space areas)in each Phase of Development;and acceptance by the City Council upon recommendation by the City Engineer,OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY,in conformance with the City Subdivision Control Ordinance. �1. AMENDMENTS TO ORDINANCES All ordinances, regulations, and codes ' Deleted: ¶ 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 develo ment fora period of five 5 ears from the Deleted:SUBJECT PROPERTY ) PP Y _ p p -_..__�._��' date of the approval of the first final plat of subdivision oTy the time that utilities are available to this development, whichever is later. Any amendments,repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT Deleted:suBJECT PROPERTY PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5)period. The CITY shall give the OWNERS and DEVELOPER a six (6)month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the PROPERTY SUBJECT PROPERTY and its development will be subject to all ordinances, regulations and Deleted:SUBJECT .. codes of the CITY in existence on or adopted after the date of this Agreemen t, pr ovided Deleted:agr�ent however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein a LJ roved for the ' BJF.CT Deleted:SUBJECT PROPERTY._'..,- PROPERTY,alter or eliminate any of the ordinance modifications and/or variations provided for herein, nor result in any subdivided lot or structure constructed within the ,, - Deleted:SUBJECT PROPERTY PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify,amend or 22 enact any ordinance or regulation and to apply the same to the. UBJECT PROPERTY ursuant Deleted`SUBJECT PROPERTY to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and -- Deleted:SUBJECT PROPERTY 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 Deleted:SUBJECT PROPERTY ,SUBJECT PROPERTY shall be given full force and effect. Deleted: _dorm-_th e term_of_this Agreement ,_-any existing ,_amended , modified or new " ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements,buildings, appurtenances, or any other development of any kind or character Deleted:SUBJECT PROPERTY upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the 50JECT PROPERTY pursuant to the less restrictive Deleted:SUBJECT PROPERTY amendment or modification applicable generally to all properties within the CITY. J2. BUILDING CODE, The CITY has adopted_the-International Building_Code,_-,"•'` Deleted`¶ f which is updated approximately every three years. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit G. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the UBJECT PROPERTY and its development for a period of five 5 ears from the date of the Deleted.SUBJECT PROPERTY - -------------------------p---------------p--------------- ---------------------------- ---------- approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY shall not be applied to the development of the UBJECT Deleted'SUBJECT PROPERTY J PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5)year period. After said five(5)year period,the,5,UBJECT PROPERTY and its development - Deleted:SUBJECT PROPERTY will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted A Deleted: after;the expiration of the said five (5) year period. Jf, during the term of this Agreement, any Deleted: existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the , UBJECT Deletes'SUBJECT PROPERTY 5 23 PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries,then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the ZJBJI CT PROPERTY pursuant to the j_Deleted:SUBJECT PROPERTY less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments,deletions, or additions to the building codes of the CITY pertaining to life/safety considerations and all non- local amendments to the International Building Code that are adopted by the CITY after the date of this Agreement which affects all land within the CITY, shall be applicable to the'5UBJEC I' Deleted`SUBJECT PROPERTY - PROPERTY upon the expiration of the sixth (6h) month following the effective date of such amendments, deletion, or addition, whether during the five (5) year term referenced above , or any time thereafter. 13. FEES AND CHARGES. During the first five(5)years following the date of the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges,and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part Deleted:agreement J hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a six(6)month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with Formatted:Font:Bold,Underline the new regulations. Deleted:signate a maximum of 14. WATER TREATMENT AND PUBLIC WORKS CONTRIBUTION. The Deleted:one and%(1.5) DEVELOPER has agreed to dedicat "' acres in the SUBJECT PROPERTY for use as a City Deleted:subject property _ gr — ' — — ---------------------- Deleted:and Parks Department F Public Works acility_whjtgk�yill include the water treatment facility (in addition to the twa t/2 Deleted:and --- ------� acre shallow well sites that are contemplated in Section 7 of this Agreement). The Developels 1 Deleted:five j __... Del d and CiM will negotiate in good faith the location of this s during the Preliminary Plan review ete-evelo -- - - --- ---- ----------- -_ ----------- - j Deleted:iry t Deleted:area 24 stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. The CITY will accept this dedication within 60 days of receipt of this documentations ," Deli' In exchange for this dedication, the C= agrees that the SUBJECT PROPERTY will not be Deleted:stgnatton J required to contribute funds as part of any future utility recapture towards the purchase of land by the CITY as the CITY has established a policy that requires the donation of said property by developers to the CITY for public benefit Deleted:to provide a credit towards ---------------- ---..--..- capital and administrative fees that would otherwise be required for this property. 15. SCHOOL DONATIONS. i'ursuan—t to the CITY'S School— Land/Cash Ordinance` This credit shall be based upon the — land/cash donation value in place at the applicable to the SUBJECT PROPERTY the DEVELOPER shall be obligated to dedicate 41 ` time the aeai�atinnis made which is _ — --- Currently$10 1,000/acre. acres of land to the CITY on behalf of the Yorkville Communitv Unit District#115 ("School Formatted:Indent:Left: 0",First line: 0.5",Line sparing: 1.5 lines Dist-r-ict")to be used as a future high school site.In full satisfaction of the DEVELOPER'S line: Formatted:Font:Times New obligation under the CIT'Y'S current School Land/Cash Ordinance DEVELOPER shall dedicate Roman,12 pt Formatted:Font:Times New said 41 acres of land,depicted as the School Site on the attached School Site Exhibit Marked Roman,12 pt Exhibit"11"upon final plat approval,and after the site has been graded by DEVELOPER.Prior to conveyance,the DEVELOPER shall provide the School District title insurance demonstrating clear title to the 41 acre School Site. In addition to the 41 acre parcel to be dedicated at no charge to the CITY or School District,the DEVELOPER shall also designate an.additional 25.8 acre parcel of land to allow for the School.District's future expansion of the 41 acre school site ("Expansion Parcel"). The Expansion.Parcel shall be located adjacent to and north of the 41 acre school site.as depicted in Exhibit I1.. The Expansion Parcel shall be held by the DEVELOPER for a term not to exceed six vears from the date of this Agreement to allow the School District a reasonable opportunity to acquire said Expansion Parcel. In the event the School District elects to purchase this Expansion Parcel within the established six vear tern as set forth in the preceding paragraph,the DEVELOPER agrees to sell the Expansion Parcel to the district at a cost of$57,500.00 per acre. for a total cost of $1,483,500.00. It is expressly understood between the Parties hereto that the Expansion Parcel is to be sold and conveyed in its entirety,and that no rights are created herein granting the School District the ability to purchase only a portion of the Expansion Parcel. Prior to the conveyance of the Expansion Parcel the DEVELOPER shall provide the School District title insurance 25 dernonstratine clear title to the Expansion Parcel. Formatted:Font:Times New The Expansion Parcel must be utilized by the School District for School purposes. If the Roman,12 pt Formatted:Font:Times New School District determines that it does not need the Expansion Parcel for School pu!Poses,the Roman,12 pt DEVELOPER has the ri.At. but not the obligation Deleted:Pursuant to the CITY's gation,to repurchase the Expansion Parcel at ordinances regarding school donations, the required land donation for school $57,5000 per acre. purposes for the SUBJECT PROPERTY is 41 ,In the event that the School District does not elect to purchase the Expansion Parcel J Deleted:0.4 D Th Deleted: acres. e EVEL q____ within the six vear term provided for herein.the DEVELOPER shall be allowed to proceed will-[ ..r5511 Deleted:9 development of that parcel in accordance with the land uses identified on the School Site Deleted:.8 Alternative plan attached as Exhibit 11. Deleted:5 Deleted: acres ofland(tobe ...r561 This dedication.anq reservation of an Expansion Parcel has been supported by the ---------- ----------- .1 Deleted:acreage to be acqu'ef 57 Yorkville Community Unit District 4115 as documented in a Letter of Understanding dated x f Deleted'recognition that this 1 58 (Exhibit 12). Deleted:This donation has b J6.-PARK DONATIONS. The total land area required for contribution is 40.07 acres. 9-11, Deleted:2 4------- Deleted:),I Alt Partie,, understand and--agree that the DEVELOPER is satisfying CITY -ord-i-nan-ce--, Formatted:Font:Not Bold .......... requirements for Lark L Formatted:Font:Not Bold d Land/Cash Contribution Lees through the donation of 28.8 acres of park ............ land as depicted in Exhibit C1. To satisfy the rernainina requirement of donatirur 11.27 acres Formatted:Font:Not Bold, Formatted:Font:Not Bold DEVELOPER shall pay, cash-in-lieu of this required donation in the amount of S1,138.270 I.Formatted:Font:Not Bold -------------...... (11.27 acres x $101,000 per acre)(hereinafter referred to as"Cash-In-Lieu"). The Cash-In-Lieu Deleted:ofsaia Formatted:Font:12 pt contribution,or an equivalent combination of cash-in-lieu and grant funding,will--be-used by the Formatted:Font: 12 pt CITY towards the construction of recreational amenities within or adjacent to the SUBJECT ----------- --- ------------- ------------- - Formatted:Font: 12 pt ---- PROPERTY unless otherwise agreed to by both Parties, ----- Formatted:Font:12 pt Formatted:Font: 12 pt ,The dedication and acceptance of parks.by the CITY shall be made no later than sixty Formatted:Font:12 pt (60) days after the property has been machine graded. by DEVELOPER. per approved Formatted:Font:12 pt atted:Font:12 pt engineering plans and. field verified with an as-built plan to 2/10th5 of a foot with positive Formatted: Formatted:Font:12 pt drainage, unless otherwise agreed to by both Parties. Construction of adjacent infrastructure Formatted:Font:12 pt shall not be a condition of acceptance by the CITY as long as the DEVELOPER has posted a 1 Formatted:Font: 12 pt letter of credit or bond for the adjacent improvements and the DEVELOPER has provide Formatted,Font:12 pt Formatted:Font: 12 pt construction access to the park site. At the time of-conveyance. DEVELOPER.-shall-p.ro-vide-the— l Formatted:Font:12 pt CITY with a copy of the as-built plan (dgpicting Formatted:Font:12 pt 12 pt -grading)along.with a current title commitment J issued in the amount of the acreage conveyed times the sum of$101,000 per acre. The title Formatted:Font: ",j Formatted:Font:12 pt Formatted:Font:12 pt 26 commitment shall reflect the recordation of the final plat of subdivision for that unit. - DEVELOPER shall reserve any rights or easements required by any governmental authoritv or Formatted`Font:12 pt _.----q _-.._---- g-- ----- ._ reasonably necessary for the development of the SUBJECT PROPERTY,. Such reservations of Formatted:Font:- pt .. ._-_ = Formatted:Font:12 pt easement shall not interfere with the CITY's plans for the use of the g� - The District agrees to accept acce t res onsbiIity for all fine Formatted:Indent:First line: 0.5^ p p grading and seeding of all parks_ -'------ Formatted:Font:12 pt once the site is accepted by the CITY. The CITY agrees to fine grade and seed each park during _-. Formatted:Font:12 pt the next available growing season as long as the DEVELOPER has provided the District with a -.- Formatted:Font:12 pt -- means of construction access to the Park(which at a minimum shall consist of a clay road for use Formatted:Font:iz pt by construction vehicles), unless otherwise agreed to by both Parties. In exchange for the '{Formatted:Font:12 pt �- -- ----------ge --- -- e_ CITY's willingness to take on this responsibility, DEVELOPER, at the direction of the CITY, Formatted:Font:12 pt P yam--------- -- - Formatted:Font:12 pt will either pay the CITY the flat rate of$2,900 per acre at the time the site is deeded to cover the Formatted:Font:12 pt 11 costs of fine grading and seeding or will pay the bid price for said improvements as provided by a mutually accepted contractor as agreed by both Parties,. Said pavment shall be due 45 days Formatted:Font:12 pt following the CITY's acceptance of the bid or at the time the park site is deeded to the CITY, whichever occurs later. DEVELOPER+ will have no further responsibility for these_ Formatted:Font:12 pt improvements. However, if DEVELOPER, disturbs anv graded or seeded -P-ark--during._ the Formatted:Font:12 pt construction of general subdivision improvements. DEVELOPEZ will have full responsibility Formatted:Font:12 pt for restoration in accordance with the CITY's specifications. Kor all parks the CITY agrees to provide a conceptual development plan to the Formatted:Font:12 pt 1. Formatted:Font:12 pt DEVELOPER within sixty (60) days of receipt of final.S ngmeering drawings for_an individual Formatted:Font:12 pt park from DEVELOPER+ Concept plans will be created using the criteria established in Exhibit - Formatted:Font:12 pt JI. These exhibits are intended to reflect the Park Department's ultimate development plans for the park sites and are subject to the approval of the Park Board. It is recognized by both Parties {Formatted:Font:12 pt J that park sites oily the SUBJECT PROPERTY will be developed in phases. Initial ark Formatted:Font:12 pt p --- ---------- ---`---- Formatted:Font:12 pt improvements, as identified in Exhibit J1. are to be funded with the DEVELOPER's cash-in-lieu { Formatted:Font:12 pt payments with a minimum designation of$200,000 of the required cash donation per park site. Formatted:Font:12 pt Initial park improvements will include.at a minimum,playground equipment, internal park paths 1 Formatted:Font:iz pt ----...... Formatted:Font:12 pt and a shelter at each park site. Subsequent phases, also identified in Exhibit JI, are to be funded with remaining Cash-in-Lieu contributions. grant funding, or other revenue sources. The CITY shall not spend developer s contributions for initial phases_in excess of$450,000 for Park Site Formatted:Font:12 pt _--__ --_ ._ _�-- _ ___---- ---- Formatted:Font:12 pt 27 #1, $350.000 for Park Site 1#2 and $300,000 for Park Site #3. Modifications to the DEVELOPER's contribution as identified above shall require the written approval of both Parties to this Agreement Said approval shall not be unreasonably withheld by either Party and --'d Formatted:Font:12 pt j Formatted:Font:12 pt shall be based upon the overall improvement plans that remain for all parks,on the SUBJECT Formatted:Font:12 pt PROPERTY+and the remaining funds available to complete sail improvements. 1 Formatted:Font:12 pt Formatted:Font:12 pt ,At the time of construction of an individual park by the CITY the DEVELOPER and the Formatted:Font:lz pt CITY will agree to a payment schedule whereby the DEVELOPER will pay to the CITY a Formatted:Font:12 pt � portion of the required cash-in-lieu contribution for park improvements as determined by the Formatted:Font:12 pt accepted contractor's bid received by the CITY and in accordance with their construction. - Formatted:Font:12 pt -t Formatted:Font:12 pt contract. DEVELOPER's payments will be phased in accordance with the anticipated j construction schedule with 50% of the required DEVELOPER's contribution due prior to commencement of construction, a second payment of 40% of DEVELOPER'S contribution is Formatted:Font:12 pt -. -= due upon completion of 40%of park construction. and final payment of 10%of DEVELOPER's contribution is due upon completion of the contracted improvements unless otherwise agreed to - Formatted:Font:12 pt by both Parties The CITY shall snake all reasonable efforts to commence construction within 15 Formatted:Font:12 pt days of receipt of the DEVELOPER's initial payment. Che CITY agrees to complete,,Phase I unprovements to each park site within 1 R months Formatted:Font:12 pt ------------------ Formatted:Font:12 pt _ _) of final tengineering ` -- --- -- plan submittal for that park site or l� months after mass gradmg whichever i Formatted:Font:12 pt _ J occurs sooner, unless otherwise agreed to by both Pyarhes. At the request of the CITY the Formatted:Font:12 pt DEVELOPER will agree to provide assistance with the construction bidding process for each park site. Formatted:Font:12 pt �— ... _. ITY's . ' Formatted:Font:12 pt The CITY shall agree to accept trail corridors provided trails eomplti with the C , trail specifications and the trails are located.outside of the floodplain. In the event trail corridors - ) Formatted:Font:12 pt Formatted:Font:12 pt comply with these provisions, the DEVELOPER shall receive credit towards its required c#ash Formatted:Font:12 pt -- in-lieu contribution for said land dedications and jml2rovements Subject to Park Board approval !Formatted:Font:12 pt The CITY shall make all reasonable efforts to obtain matching,7 atlt funding to covet"offset the Formatted:Font:12 pt 1 Formatted: Font:12 pt costs of trail construction. Formatted:Font:12 pt The Pdrties agree that in addition to acceptiag the individual parks and trail corridor;as i Formatted:Font:12 pt described above, the CITY may accept additional land located with in the Aux Sable Creek Formatted:Font:12 pt --.12 Formatted:Font:12 pt Corridor or land depicted.as open space on the Concept PUDJ'lan. This land dedication will not i Formatted:Font:12 pt 28 result in any credit towards the outstanding Bark land dedication requirements. This land may be Formatted:Font:12 pt used by the CITY to secure recreational/open space grant funds. DEVELOPER agrees to work Formatted:Foot:12 pt with the CITY to provide documentation necessary to demonstrate the usefulness of said lands Formatted:Font:12 pt Fornatted:Font:12 pt for grant purpo eS•r..............-._.--------------...._.....__..............--.----- Deleted:The total land area required for contribution is 39.8 acres. All parties By mutual consent. both Parties,will agree to explore opportunities for 12ubhciprivate ,' understand and agree that the j DEVELOPER is satisfying City partnerships related to use of the clubhouse andior aquatic center. ordinance requirements for park land/cash contnbudon fees through the It is agreed that completion and fulfillment of all the conditions described in this donation of 28.8 acres of park land as depicted in Exhibit Cl Agreement shall satisfy the requirements of the CITY's park donation kgrdin-ance as it relates to ! Deleted:Jla the subdivision. Nothing in this A4reement shall preclude the CITY from sub-contracting or Deleted: and through cash c p �' ' contributions towards the construction of recreational amenities within the performing some of the work themselves, or providing additional improvements at a later date. SUBJECT PROPERTY.I j. The timing and specifications for land Each Park. Trail and/or open space corridor once developed and dedicated to the CITY. shall be donations shall be determined at die time of final engineering for each of the maintained by the CITY in accordance with its regular maintenance program for other park sites. phases,but sites will be delivered graded by the DEVELOPER where appropriate.I This donation has been supported by the United City of Yorkville Park Board as i• DEVELOPER shall contribute S1,111,000 as the remaining required documented in a Letter of Understanding dated x(Exhibit J2). park donation obligation for park sites(including Aux same creek enhancements and bike path , 7. FIRE STATION. The DEVELOPER has agreed to designate up to 2:67 acres in improvements)to be constructed m accordance with the conceptual park the,SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire planning outline included as Exhibit A. --------- ------ -------- -..----- --------- ------. ------- ------ - ----- ----- ---- --- These plans are intended to training facility on its premise. The DEVELOPER shall provide the CITY title insurance ';'; Deleted:be demonstrating lear title of said acreage. In exchange for this donation the CITY a es to .1,; Deleted'reflect the Park Department's g g g r ultimate development plans for the park sites and are subject to the approval of the .provide a credit towards the Kendall Bristol Fire Protection Fee that would otherwise be required Park Board. It is recognized by both parties that park sites located at the for this property. This credit shall be based upon the land/cash donation value in place at the periphery of the SUBJECT PROPERTY will be developed in phases. Initial park time the donation is made which is currently$101,000/acre. improvements,as identified in Exhibit J, are to be funded with the DEVELOPER's 8. MODEL HOMES PRODUCTION UNITS SALES TRAILERS AND remaining required park donation with a minimum designation of 5200,000 of the required cash donation per park site. CLUBHOUSE. During the development and build out period of the r5UBJECT PROPERTY '. Initial park improvements will momae playground equipment at each park site. (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or subsequent phases,also identified in Exlnbit J,are to be funded based on entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain future contributions from off site properties. The initial phase of park site model homes and sales trailers within the.SUBJECT PROPERTY staffed with OWNERS' and improvements are to be completed within -____-- __.-._ _.__.____..____ _ one year of final platting,except for the Community Park site(located ,, 61 DEVELOPER s, or such other person's or entity's, sales and construction staff, and may be Deleted:4 utilized for sales and construction offices for Yorkville South. The number of such model I Deleted:).' homes and sales trailers and the locations thereof shall be as from time to time determined or Deleted:subject property ¶ authorized by OWNERS and DEVELOPER. Deleted: t Deleted:SUBJECT PROPERTY Deleted:SUBJECT PROPERTY 29 Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty(30)off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three(3)cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and proof to the CITY that either the OWNERS and DEVELOPER have demonstrated to the Fire Protection District that fire hydrants within 300 feet of the dwelling unit are operational or the OWNERS and DEVELOPER have established a hold harmless agreement with the City and Fire Protection District in the absence of operational fire hydrants.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Notwithstanding any CITY ordinances to the contrary, for as long as a model area is used for selling dwelling units, the DEVELOPER shall have the right to erect fencing on a temporary basis that entirely encloses the model area and directs model area traffic. It is understood.that fences provided for herein shall be subject to the approval of the CITY's Zoning Administrator and that no fences shall be placed upon the public right-of-way. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon Deleted:SUBJECT PROPERTY the ,SUBJECT PROPERTY during_the_development_and_build out of said property,_provided ." any such sales trailer shall be removed within two (2) weeks following issuance of the final - PROPERTY occupancy permit for the SUBJECT PROPERTY. A building permit will be required by_the Deleted:SUBJECT CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer 30 the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall also have the right to operate a sales office out of the Clubhouse within the,SUJE BCT PROPERTY. Deleted:suBJECT PROPERTY OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case,apply for the benefit of Indemnities for each neighborhood. 9. CONTRACTORS TRAILERS. The CITY-agrees--that-from and after the-date--,,,, Deleted.¶ of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be laced upon such art or arts of the.SUBJECT PROPERTY as required and a_ roved b Deleted:SUBJECT PROPERTY P P P P --.-...-. ---------q------------ -- —p v --- Y-• OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the ,SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT ___ '_ Deleted`SUBJECT PROPERTY - ------------------------------------------------------------------------ Deleted:SUBJECT PROPERTY PROPERTY. A building 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. t................20. MASS GRADING AND PREPARATION OF PROPERTY FOR .- Deleted:I DEVELOPMENT. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan,and compliance with all other items required by the city's 31 soil erosion and sediment control ordinance. Mass grading permits shall be issued in accordance with the City's Erosion and Sediment Control Ordinance(Ord.2003-19). 21. BUILDING AND OCCUPANCY PERMITS. City agrees to issue building permits within fourteen (14) days and occupancy permits within seven (7) days for homes within the subdivision upon proper application to the CITY. When "Master Approvals" (as -�Deleted:agreement referenced in Section 22 of this, *reen�ent) are in place, the City agrees to issue building permits within seven(7)days. In the event that certain improvements, such as final grading, landscaping, sidewalks or driveways, ,cannot be com leted due to weather conditions, CITY agrees to issue temporary Deleted:cannot occupancy permits in compliance with established procedures in order to allow the DEVELOPER the ability to complete any such improvements. No occupancy permits may be issued until the asphalt base is installed on the street serving the homes requiring said permits. Except as provided in Section 18 of this Agreement, building and occupancy permits shall not be issued by the CITY prior to proof being submitted to the CITY that the OWNERS and DEVELOPER have demonstrated to the Fire Protection District fire hydrants within 300 feet of the structure are operational. 22. MASTER APPROVAL OF BUILDING PLANS. At such time as the CITY has approved building plans for any model of a dwelling unit(including extras or options),the same shall constitute a"master approval"of the plans for such model. Thereafter,subsequent building permit applications for any model which conforms to the plans for which a master approval has been made shall include documentation customarily required for building permit applications but shall not be required to include additional copies of building plans. Each builder shall provide the CITY with sufficient copies of plans for which master approval has been given, for use in the field as dwelling units are constructed. Nothing contained herein shall relieve builder from the obligations to pay permit fees for each dwelling unit for which a building permit is sought. 23 CAPTUREABLE IMPROVEMENTS In the a event public improvements ee •¶ -j Formatted:Underline are installed that provide service to propertp other than the,,SIJBJECT PROPERTY, the CITY �–--— -..... . {Deleted:SUBJECT PROPERTY shall enter into a Recapture Agreement, as defined in Paragraph 28 hereof,with OWNERS and DEVELOPER recovering the payment of the recaptureable cost of said improvements by the 32 owners of properties benefited by the same. The improvements which qualify and the identity of the benefited properties which are not already identified in this reement shall be identified Del a Inc at the time of approval of Final Engineering for each phase of development. A phase could include more than one unit/neighborhood. 4. DEVELOPMENT MARKETING SIGNAGE. DEVELOPER may install and j Deleted.I .. ----------------------- — ------------ — maintain 1)one(1)illuminated double-faced ten(10')foot by twenty(20')foot temporary marketing sign not greater than fifteen(15')in height at each neighborhood entrance and on planned commercial nodes;2)one temporary marketing sign,double faced ten(10')foot by twelve(12'),at each model row entrance road or the parking entrance to the temporary sales trailer, 3)one(1)onsite model home sign not greater than 20 square feet per sign in area at each model home in subdivision,4)informational and directional signage throughout the subdivision of a reasonable size and configuration,conforming to the CITY'S Sign Code,5)six(6)onsite marketing flags at each model home entrance row with a maximum height of 25'per pole,and 6) permanent entry monument signs as illustrated in EXHIBIT K and permitted in conformance with the CITY's Sign Ordinance or as otherwise approved by the Building and Zoning Officer upon request of DEVELOPER. The locations of the above described signage shall be in compliance with the City's sign code which requires: all signs abut a street,be located at least 5 feet from a property line,maintain a 25 sight clearance triangle where streets intersect and not be located within any easements. All such signs for each neighborhood shall be maintainable for a period of ten(10)years or shall be removed by the DEVELOPER at the conclusion of DEVELOPER'S Deleted` and _I sales and marketing program for the Property,whichever occurs first. All other signage installed and maintained on the Property shall comply with the CITY'S Sign Code. 5. OFFSITE PROJECT SIGNS. Followin the date of this Agreement and Deleted: ¶ ..... Deleted:susrECr through the date of the issuance of the final occupancy Permit for the-SUBJECT PROPERTY -------- -------------. rROr�xry ' OWNERS and DEVELOPER shall be entitled to construct,maintain and utilize offsite subdivision identification,marketing and location signs k such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate(individually an"Offsite Sign"and collectively the"Offsite Signs")subject to sign permit review and issuance by the CITY. Said signage shall not exceed 8'x16' in size and shall: abut a street,be located at least 5' from a property line,maintain a 25' sight clearance triangle where streets intersect and shall 33 not be located within an easement.Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible,at its expense,for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. Deleted:¶ ,26. ENTRY FEATURES.LANDSCAPE BUFFERS AND IRRIGATION WELL. City agrees to allow DEVELOPER to construct entry features at the entrances to the,SUBJEC'I' - Deleted:SUBJECT PROPERTY PROPERTY and landscape buffers as shown in landscape plans to be prepared at the time of final platting. Said entry features shall be subject to the review and approval of,City staff h-Deleted:crrY Planning staff _ J Permanent entry features containing signs identifying the name of the subdivision or individual neighborhood names shall be permitted, subject to CITY Ordinances and as agreed upon by ,City Staff. I Deleted:CITY Planning Stiff The DEVELOPER has the right to drill wells for the purpose of irrigating landscape Formatted:Line spacing: 1.5 lines I features within the UBJECT PROPERTY with proper permitting by_the_Kendall County Health '� Deleted:SUBJECT PROPERTY Department. Said well shall not be within 1000 feet of an existing private or public well.In the event that operation of this irrigation well negatively impacts water levels in existing wells in the area,the DEVELOPER agrees to cease operation of the irrigation well until an impact analysis has been completed and mitigation techniques have been established and approved by the City Engineer. 7. LIMITATIONS. In no event includin -_without limitation the exercise of the 'I Deleted:¶ g '". authority granted in Chapter 65, Section 5/11-12-5 of the Illinois Compiled Statutes(2005)ed., shall the CITY re uire that an art of the UBJECT PROPERTY be dedicated for ublic "" Deleted:SUBJECT PROPERTY q Y P - -------.....---- _..._ P..--_.... purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. 8. RECAPTURE AGREEMENTS. j Deleted:¶ �,. Benefiting the SUBTEEC T PROPERTY The CITY agrees that m accordance with Deleted: _.. _ _ _ _ _.....- _. _ ._. __... _...._._ _....:__ .....j Deleted:SUBJECT PROPERTY Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the ,SUBJECT PROPERTY which will connect to and/or utilize said ublic " {Deleted:SUBJECT PROPERTY _.. _-------...._.--_ _ . _---..-----.--- ....._.... __ _....._..-- --.__..... --P 34 improvements. Deleted:¶ ,The CITY agrees to allow DEVELOPER to collect interest on any recapture fees to the Deleted: DEVELOPER at six percent (6% annum) to the certified costs from the date the infrastructure improvements are accepted. With this exception, each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit L. CITY and DEVELOPER agree to amend said recapture with actual certified costs as the improvements are completed and approved by the CITY. Any recapture ordinance shall be valid for the term of the AGREEMENT. Encumbering the UBJECT PROPERTY. Except as o_therwise e_x ressl r_ovided m Deleted:¶ this Agreement, there are currently no recapture agreements or recapture ordinances affecting Deleted:SUBJECT PROPERTY public utilities which will be utilized to service the,5UBJECT PROPERTY which the CITY has Deleted:SUBJECT PROPERTY any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER or their successors upon connection of the UBJECT Deleted:SUBJECT PROPERTY PROPERTY to any of such public utilities,nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the iSUBJECT PROPERTY. Deleted:SUBJECT PROPERTY 29. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city-Formatted:Line sparing: 1.5 lines wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the single-family, townhome, apartment neighborhoods and commercial areas are attached hereto and described in Exhibit M and ,. Formatted:No underline - --` --`-- - Formatted:Font:Not Bold,No comply with the City's current appearance code, Further,OWNERS and DEVELOPER agree to underline Deleted:dgkB standards follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings. • -- --- --- -- --- --- -- --- --- --- - Deleted:I jbe_OWNERS and DEVELOPER shall include provisions in the covenants to provide `;" that the Homeowners Association shall be responsible for the maintenance of landscaping within Formatted:Font:t pt the perimeter landscaping easements signage provided on the. UBJECT PROPERTY,and-other--,,, -" .Deleted:SUBJECT PROPERTY obligations as determined at the time of final platting and as referenced in Paragraph 30 of this reement. Deleted`agreement 35 30. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Establishment. OWNERS and DEVELOPER shall establish through a declaration of Deleted: . J _ _1111 _.. ----_ ._-- _g....----. 1111_....._ .._- covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the�SUBJECT PROPERTY and a mandatory membership of all lot owners in the . "(Deleted:SUBJECT PROPERTY ^J Association. The Association shall have the primary responsibility and duty to carry out --and fund the Common Facilities Maintenance through assessments levied against all dwelling units Deleted:SUBJECT PROPERTY within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the , =' Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care,maintenance,renewal and replacement of the Common Facilities including landscaping and special features located within public right-of-way and stormwater detention areas and without limitation,the mowing and fertilizing of grass,pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition,and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Business Service District Association. A separate association may be established for Deleted:¶ — 1 - ----- --------------y _ the commercial parcels. Formatted:underline C. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY Deleted: . _1111.. .__ ..._ _.... .... -._.. --------- ----------- enacting at the time of final plat approvals a Dormant Special Service Area(DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the Deleted:SUBJECT PROPERTY ,SUBJECT PROPERTY -- -' ) __._. ,31. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the Deleted:¶ development of the SUBJECT W _PROPERTY, ONERS and DEVELOPER determine-that-any._-. Deleted:SUBJECT PROPERTY" existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the,SUBJECT PROPERTY m accordance with the Concept ,, Deleted:SUBJECTPROPERTY PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the 36 vacation and relocation of such existing easements and/or utilities,however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted - to the CITY as a part of the development of the SUBJECT eleted:SUBJECT PROPERTY ECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of - Deleted:SUBJECT PROPERTY the,SUBJECT PROPERTY as reflected on the Concept PUD Plan and in this Agreement the - -------- ---- -- _.- - ----- -- -------- --- CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as set forth in Exhibit F, the CITY agrees to be the lead agency in the relocation of those utilities. The DEVELOPER may bury any existing overhead utility lines along any existing perimeter roadway and be solely responsible for all associated costs. Upon OWNER and DEVELOPER's request, the CITY shall make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The DEVELOPER shall pay the cost of relocating any existing utility, unless otherwise agreed upon. 32. RIGHT TO FARM. OWNERS and DEVELOPER agree to include Kendall County"Right to Farm Statement" language attached hereto as Exhibit N on each Final Plat of Subdivision. 33$ INTERIM USES. Interim uses as set forth below shall be permitted anywhere on { Deleted.¶ _-_ 11 Deleted:2 the.,SUBJECT PROPERTY,with the exception of property to be owned by the CITY, during the _._- Deleted:SUBJECT PROPERTY term of this Agreement,subject to a restoration bond. 1.All types of farming. 2.Borrow pits(per field design) 3.Parking lots. 4. Stockpiling of dirt,also removal and or sale of dirt,clay,gravel or other construction materials(per approved grading plan). Gravel mining is 37 prohibited.however said materials may be used within the development. Deleted:prohibited, 5.Temporary detention(per approved grading plan). 6. Construction storage and office trailers. 7.Mass grading(per approved grading plan). 8.Nursery. 34. COMMERCIAL TAX INCENTIVE. DEVELOPER is ro osin 81 acres of - Formatted:Underline --------------- - prop -_g - - s of commercial development on the&BJLCT PROPERTY,including a mayor regional commercial -,.-`--(Deleted:SUBJECT PRO PERTY center at the intersection of Route 47 and Caton Farm Road. In recognition of the benefit to the CITY through the creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place into a separate account for the benefit of the DEVELOPER fifty percent (50%) of the CITY'S one percent (1%) portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the,5UBJ.ECT Deleted:SUBJECT PROPERTY ) PROPERTY. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of commercial retail development within the 'U133ECT PROPERTY { Deleted:SUBJECT PROPERTY _...� and will continue for a period of twenty(20)years or until DEVELOPER has been rebated one hundred 100% of the infrastructure improvements as detailed in Exhibit O which were Deleted:above desm-bed ! ( ) +J...._.. _ _. ____ _ Formatted:Font:Bald,Underline attributable to the development of the commercial properties including but not limited to design, engineering,as well as six percent(6%)interest annually. 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 DEVELOPER as to its portion of the sales tax rebate. Upon written assignments by the DEVELOPER such assignees shall have all rights currently vested in DEVELOPER under the sales tax rebate and applicable law, and shall be entitled to enforce such rights through any equitable or legal action. If any portion of the Deleted:SUBJECT PROPERTY commercial lots on the.SUBJECT PROPERTY_are sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for their expenses unless specifically assigned by DEVELOPER. DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the DEVELOPER's sole discretion. Furthermore,at the CITY's sole discretion,the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax and pay any 38 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 DEVELOPER to help offset the DEVELOPER's extraordinary expenses incurred. As an incentive for the CITY to petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of DEVELOPER as specified in the preceding paragraph, and the CITY does so secure said rebate in an amount not less than one percent(1%) for a period of twenty (20) years, or until the DEVELOPER has been rebated one hundred percent(100%) of all expenditures incurred, then DEVELOPER agrees to reduce the amount of the sales tax rebate between the CITY and DEVELOPER from fifty percent(50%)of the CITY's portion of the State Retailers Occupation Tax to twenty-five percent(25%)of the CITY's portion of the State Retailers Occupation Tax. 35......BUSINESS DISTRICT. It is_contemplated between the Parties_that the City'-'-` , ��'¶ Formatted:Space After: opt may create a Business District as described by the Business District Development and Formatted:underline Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcels, at a rate of no more than an additional one percent(1%)tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s)and Developer(s)by City as reimbursement for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or --------------------- Deleted:Subject Property signalizing Route 47 abutting the,SUBJECT PROPERTY_ _ - 36. DISCONNECTION. OWNERS and DEVELOPER shall develop the,,SUBJECT_ '{Deleted`SUBJECT PROPERTY PROPERTY as a subdivision to be commonly known as the Yorkville South Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 39 37. 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. ,�38. GENERAL PROVISIONS. (Deleted:¶ A enforcement This Agreement shall be enforceable in the Circuit Court of Kendall �_Deleted: -._ County an of the artier or their successors or assigns s b an appropriate action at law or m Deleted:parties tY Y Y �.-- _ - _ tn?_ .Y 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. uccessors and Assi s. This A _eement shall inure to the benefit of and be bindm Deleted:q ,B .. ._ 1 ----------- -. g-._'._ -Deleted: - upon the OWNERS,DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation,unless otherwise expressly agreed in writing by such purchaser. -i Deleted:I C. Perms. This Agreement contains all the terms and conditions agreed upon by the - ---— ------ -- �---� - - Deleted: - arties hereto-and no-other prior agreement,regarding the subject matter hereof shall be deemed Formatted:underline 11------ ---- - -- - - -- to exist to bind the arhe4. The artier acknowledge and agree that the terms and conditions of {Deleted:parties -- ----- ------------------------------ - _ Deleted:parties __—) this Agreement, including the payment of any fees,have been reached through a process of good --- ---- - - G Deleted:parties faith negotiation,both by principals and through counsel,and represent terms and conditions that are deemed b the artier to be fair reasonable, acceptable and contractually binding upon each i Deleted:parties Y ''�-- _........ _. -_.. _ of them. Notices. Notices or other materials which an 'arty is required to or may- wish to Deleted:¶ - -- -- _ ------ Y..�......--. �._.._-- '-....__. .y----_ ? serve upon any other arty in connection with this Agreement shall be in writing and_shall be_ i Deleted:party ) deemed effectively given on the date of confirmed telefacsimile transmission, on the date 1 Deleted:party 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: 40 (I) If to OWNERS or MPI-6 South Yorkville LLC ___ - ___DEVELOPER___________6880 N.Frontage Road,Ste. 100_____------------------------- Deleted: Burr Ridge,IL 60527 Attn:Anthony R.Pasquinelli with copies to: Moser Enterprises,Inc. 401 S.Main Street Suite 300 Naperville,IL 60540 Attn:John Zediker John F.Philipchuck,Esq. Dommenmuth,Brestal,Cobine&West,Ltd. 123 Water Street Naperville,IL 60566-0565 JII) If to CITY: United City of Yorkville Deleted: _... _ __. -----------------------------------------Attn:City-Clerk- ------ -_ -_ _- Deleted: . 800 Game Farm Road -------- Deli: - -... --------5 ------------------------- - --------------------------------------Yorkville,I160560---------------- -- --------------- Deleted: ---_-____- Fax: (630)_553-7575 - Deleted: with a copy to: John Wyeth 800 Game Farm Road Deleted: -Yorkville,I160560 - Deleted: - Fax: (630)553-7575 Deli: . or to such other persons and/or addresses as any X_r may from time to time designate in Deli-p� -- -- Deleted:to the a written notice p?the other arties. _-_ Deleted.parries X. ,5everabilijy. This Agreement is entered into pursuant to the provisions of Chapter 65, Deleted: -- --------------- - Sec. 5111-15.1-1, et seq., Illinois Compiled Statutes(2005 ed.). In the event any part or portion Deleted: of this Agreement, or any provision,clause,word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the,SUBJECT PROPERTY. i Deleted:sysipcT PROPERTY J 41 F. Agreement This Agreement, and any Exhibits or attachments hereto, may be I Deleted: _ _. amended from time to time in writing with the consent of the arties, pursuant to applicable Deleted:parties 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¢41.JB.TECT PROPERTY as to provisions Deleted:SUBJECT PROPERTY applying exclusively thereto,without the consent of the owner of other portions of the 5 TBJFC T 1,Deleted:SUBJECT PROPERTY PROPERTY not affected by such amendment. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or Deleted:$ - - - - ---------------------------------------------------- - Deleted: . limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY whether•improved or unimproved. Deleted:SUBJECT PROPERTY >.._._.__ .........._ --....__ _..._ ---.....------- Deleted:¶ II Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and -. -- Formatted:Bullets and Numbering resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or Formatted:No underline assigns, to develop the 51JBJECT PROPERTY in accordance with the provisions of this Deleted:SUBJECT PROPERTY 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. J. Term of Agreement. The term of this Agreement shall be twenty (20).years_ In the - Deleted:I _ -...__. .... event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. Deleted:¶ TT Captions and Paragraph Headings. The captions and ara h_headings used herein --- ----- r" - ------------WUR --------------------------- Deleted: . are for convenience only and shall not be used in construing any term or provision of this -- Agreement. ecordin . This Agreement shall be recorded in the Office of the Recorder of Deeds Deleted:¶ Formatted:Font:8 pt Kendall County,Illinois,at OWNERS and DEVELOPER's expense. j Deleted: . L. Recitals and Exhibits. The-recitals-set forth at the beginning of this Agreement, and --- Deleted:¶ __ . -- - the exhibits attached hereto, are incorporated harem Formatted:Font:8 pt by this reference and shall constitute `�'��Deleted: . J substantive provisions of this Agreement. X ¶ _ ounterparts._This Agreement may be_executed in counterparts, each of Deleted:which shall ".--' —� Formatted:Font:8 pt be deemed an original,but all of which together shall constitute one and the same document. Deleted: 42 N 1�To Moratorium. The CITY shall not limit the number of building or other erinits Deli' --#_�......---_._..----Moratorium. The ------p--imt-4-- —j Formatted:Font:8 pt that may be applied for within any approved phase due to any CITY imposed moratorium and De1eted: - shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. 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 Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. �ime is of the Essence. Time is of the essence of this Agreement and all documents,1.- �Deleted:- - - - - ------------------------------------- -------------- ¶ agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement Formatted:Font:8 pt shall be performed in a timely manner by all artier hereto. --EDeleted:parties �?,-exculp ation.-It is agreed that the CITY is-not-liable or-responsible for any_restrictions `~ d:Indent:First line: 0.5 xcu onIisa - z at 1" on the CITY's obligations under this Agreement that may be required or imposed by any other \'',,-1 Deleted: governmental bodies or agencies having jurisdiction over the,SUBJECT_PROPERTY,the CITY,_ Deleted:P.- the DEVELOPER and OWNERS, including, but not limited to, county, state or federal Deleted`¶ Formatted:Font:8 pt regulatory bodies. Deleted:SUBJECT PROPERTY Q.Material Breach. In the event of a material breach of this Agreement the Parties Formatted:No underline - - ---- - -.. at that the defaultingFart%,shall have thirty(30)days after notice of said breach to correct the — --- Formatted:No underline same prior to the nonbreaching XM, s seeking of any remedy provided herein; provided Deleted:a however(i) any breach by OWNER reasonably determined by CITY to involve health or safety 1 Deleted:nay Formatted:No underline issues may be the subject of immediate action by CITY without notice or thirty(30) day delay' -- --- Deleted:parry and(ii) if the cure for any breach that does not involve health of safety issues cannot reasonably Formatted:No underline be achieved within thirty (30) days, the cure period shall be extended provided the breaching arty commences the cure of such breach within the original thirty(30)da period and diligently Deleted'party �}� QQ k -_.___.LI" ............------ - _�_____ Formatted:No underline pursues such cure to completion thereafter. R ela In the event the performance of any covenant to be performed hereunder by Deleted. yi - -"------ Formatted:No underline either OWNER or CITY is delaved for causes which are beyond the reasonable control of the ,party.res Deleted.patty --hall-iu - t- o-limted o,- -- f_,,_-'- Formatted:No underline God; inclement weather conditions; strikes; material shortages; lockouts' the revocation suspension, or inability to secure any necessary governmental permit other than a CITY license 43 or permit; and any similar case, the time for such performance shall be extended by the amount of time of such delay. S. ,fights to Enforce. The failure of the Parties to insist u on the strict and rom t 'Deleted: — ro p, Formatted:No underline performance of the terms, covenants agreements, and conditions herein contained, or any of them, upon any other Xarty,imposed shall not constitute or be construed as a waiver or I Deleted:Ply _ _. - r Formatted:No underline relinquishment of any Party's right thereafter to enforce such term, covenant, agreement, or condition but the same shall continue in full force and effect. Formatted:Font:8 pt IN WITNESS WHEREOF,the artier hereto have set their hands and seals to this Deleted:Pees Agreement as of the day and year first above written. ,OWNERS CITY: Formatted:Font:11 pt J MPI-6 SOUTH YORKVILLE LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois municipal corporation By: MPI Manager,Inc. By: Its: Manager Title:Mayor • --- ------- ------ ----.111--l—--------------------------- -{ Formatted:Font:8 pt __ _ _ _ _ _ _ - _— a Attest John Zediker,Its President Title: City Clerk Deleted:¶ Formatted:Font: 11 pt Dated: Formatted:Font:8 pt e -... _ - ___...... .. _."..... ........._._ _..:.., Formatted:Font:11 pt T.1anc Il Blerma — - +- --. — ._--- 1 Y_--__- -...--._--- --------- ._____-_._. _ __.... ---.__-_- _.__-.-- --- Formatted:Font:8 pt ---- --- __ --__.... ------ _ --- ---- - ---- Formatted:Font:11 t J3_y_____ NancyH_Bierma P --------------------------------------------- -- •---------------------------------------------------------------------- _ I Formatted:Font:8 pt Formatted:Font: 11 Pt -- Dated: 4 Formatted:Font: 11 pt : _ _.. . - _ i Deleted:I pEVELOPERS: -.--- - ---- ---- ---- ---- ---- -- - ----- Formatted:Font:8 pt XPI-6 SOUTH YORKVILLE LLC Formatted:Font:11 pt an Illinois Limited Liability Company { Formatted:Font:11 pt MPI Manager,Inc Formatted:Font 11 pt Its:.Manager Formatted:Font:11 Pt {formatted:Font:8 pt -------------------------------------------------------------- Formatted:Font:11 pt John Zediker,Its President __......... ..... .........._...... ....._...._._._...... . %, Horizontal: Formatted:Position:Horizo I Center Relative to Margin Dated: 'i Formatted,Right. 0.25' 44 Deleted:I LIST OF EDITS --- Deleted:------Page Break------ Exhibit A: Legal Descriptions v revised 11/28/Oft Deleted: Exhibit B: Plat of Annexation,revised 13(07 {Deleted:and PlatofAmexation Exhibit C1: Concept PUD Plan(provided in B/W and Color},revised 11/27/0ft Deleted:1129/06 Exhibit C2: Site Data-Table,revised 11/27/06- - - j _..--- ----- ------- ------._.---------------------------------------------..-------- --- Deleted,Zoning Plat Exhibit D: Transitional Area Compliance Exhibit,revised 11/27/0 ------------------------------------. `, f Deleted: Exhibit E: Permitted Modifications from Local Codes,revised 12/5/06 i Deleted:and I Exhibit Fla: Sanitary Sewer Infrastructure Improvements,revised 11/29/06 C :12/06/06 Xxhibit_ ad F3: Offsite and Onsite Roadway Infrastructure Improvements,revised_1/10/07_----------- _ feted Exhibit F4: Roontribution Fund O verview Deleted:Exhibit Flb:.Sanitary Sewer Recapture Exhibit,revised 1127/061 Exhibit G: Current City Building Codes,revised 6/15/06 Exhibit F1c:.Sanitary Sewer Recapture — /07.------ — — Service Areas,revised 11/27/061 2766 Exhibit H: Fee Schedule,revised 1/� 04/07 Exhibit F2a:.Water Main Infrasrtuctrie ,Exhibit I1; School Donation Letter of Understanding. dated 1/10/07 Improvements,revised 5/3/06¶ Exhibit 12: School Site Alternative.dated 12/18/Ofi ExhrbitF2b: waterMamRecaparre ---------------------------------------.!,.'. `. Exhibit,revised 1127/069 Exhibit J once_tual Park Plannin _Outline P - -----g ------------------------------------ Deleted:1127/06 ,,Exhibit J2, Park Board Letter of Understanding Exhibit K: Project Signage,dated 12/18/06 1 Deleted:12/11/06 I Exhibit L: Sample Recapture Agreement Deleted:Exhibit Il:-Overview of �school Donation¶ � Exhibit M: Design Standards,revised 6/15/06 ;i Deleted:z Exhibit N: Right to Farm Disclosure Statement for Final Plats Exhibit O: Infrastructure Improvements for Commercial Sites Schooet Do atioo native Plan for Excess 1 Deleted: Deleted:Location of Park Sites to be Donated Deleted:Exhibit JIb:.Location of Other Sites to be Donated$ IExhibit J2a-?-Park Site/Bike Path Conceptual Renderings¶ Exhibit J3:_Overview of Park Donation$ i Deleted:4 Formatted:Position:Horizontal: I Center,Relative to:Margin Formatted:Right: 0.25" 45 LEGAL DESCRIPTION — PLAT OF ANNEXATION (REVISED 11/28/06) Exhibit A BURKHART Parcel One: The Southwest Quarter of the Northwest Quarter of Section 21, Township 36 North, Range 7 East, and that part of the West Half of the Southwest Quarter of said Section 21 lying Northerly of the following described line: 'Commencing at the Southwest corner of said Southwest Quarter; thence Northerly along the West line of said Southwest Quarter 1833.86 feet to the centerline of the Middle Aux Sable Creek for a point of beginning; thence Easterly along said centerline, which forms an angle of 79 degrees 50 minutes 01 seconds with last described course measured counterclockwise therefrom, 11.01 feet; thence Southerly along said centerline, which forms an angle of 104 degrees 08 minutes 57 seconds with last described course measured counterclockwise therefrom, 35.97 feet; thence Southeasterly along said centerline, which forms an angle of 228 degrees 41 minutes 42 seconds with the last described course measured counterclockwise therefrom 18.75 feet; thence Southeasterly along said centerline, which forms an angle of 202 degrees 39 minutes 28 seconds with last described course measured counterclockwise therefrom, 99.14; that Southeasterly along said centerline, which forms an angle of 207 degrees 03 minutes 44 seconds with 1ast described course measured counterclockwise therefrom, 43.83 feet; thence Southeasterly along said centerline, which forms an angle of 153 degrees 00 minutes 12 seconds with last described course measured counterclockwise therefrom, 76.00 feet; thence Easterly along said centerline, which forms an angle of 194 degrees 58 minutes 32 seconds with last described course measured counterclockwise therefrom, 88.44 feet; thence Southeasterly along said centerline, which forms an angle of 168 degrees 12 minutes 19 seconds with last described course measured counterclockwise therefrom 344.53 feet; thence Southeasterly along said centerline, which forms an angle of 176 degrees 02 minutes 31 seconds with last described course measured counterclockwise therefrom 153.01 feet; thence Southeasterly along said centerline, which forms an angle of 174 degrees 43 minutes 39 seconds with last described course measured counterclockwise therefrom 552.04 feet to the East line of said West Half for the terminus of said line in Kendall Township, Kendall County, Illinois. Parcel Two: The Southeast Quarter of the Southwest Quarter of Section 16, and the North Half of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 21, in Township 36 North, Range 7 East of the Third Principal Meridian, (excepting therefrom that part conveyed to the people of the State of Illinois, Department of Transportation by Warranty Deed recorded May 8, 1990 as Document 902889), in the Township of Kendall, Kendall County, Illinois. ALSO: That part of the South Half of the South Half of Section 16, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Illinois Route 47, in Kendall County, Illinois. ALSO: That part of the North Half of Section 21, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Illinois Route 47,"in Kendall County, Illinois. TUTTLE Parcel One: The North 70 acres of the West Half of the Northeast Quarter of Section 20 Township 36 North, Range 7 East of the Third Principal Meridian (except a) that part thereof described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South along the West line of said Northeast Quarter, 250.0 feet for a point of beginning; thence South along said West line 275.0 feet; thence East at right angles to said West line, 554.40 feet, thence North at right angles to the last described course, 275.0 feet; thence West at right angles to the last described course, 554.40 feet to the point of beginning, and also.b) that part described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence South along the West line of said Northeast Quarter, 250.0 feet; thence East at right angles to said West line, 554.40 feet; thence North at right angles to the last described course, 251.71 feet to the North line of said Northeast Quarter; thence West along said North line, 554.40 feet to the point of beginning) in Kendall Township, Kendall County, Illinois. Parcel Two: The West Half of the Northeast Quarter of Section 20, Township 36 North, Range 7, East of the Third Principal Meridian, (except the North 70 acres of said West Half, also except the South 20 rods of said West Half) in Kendall Township, Kendall County, Illinois. Parcel Three: The East Half of the Northeast Quarter of Section 20, in Township 36 North, Range 7, East of the Third Principal Meridian, in the Township of Kendall, Kendall County, Illinois. Parcel Four: That part of the West Half of the Southwest Quarter of Section 21, Township 36 North, Range 7 East, lying Southerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter; thence Northerly along the West line of said Southwest Quarter 1833.86 feet to the centerline of the Middle Aux Sable Creek for a point of beginning; thence Easterly along said centerline, which forms an angle of 79 degrees 50 minutes 01 seconds with last described course measured counterclockwise therefrom, 11.01 feet; thence Southerly along said centerline, which forms an angle of 104 degrees 08 minutes 57 seconds with last described course measured counterclockwise therefrom, 35.97 feet; thence Southeasterly along said centerline, which forms an angle of 228 degrees 41 minutes 42 seconds with last described course measured counterclockwise therefrom 18.75 feet; thence Southeasterly along said centerline, which forms an angle of 202 degrees 39 minutes 28 seconds with last described course measured counterclockwise therefrom, 99.14; thence Southeasterly along said centerline, which forms an angle of 207 degrees 03 minutes 44 seconds with last described course measured counterclockwise therefrom, 43.83 feet; thence Southeasterly along said centerline; which forms an angle of 153 degrees 00 minutes 12 seconds with last described course measured counterclockwise therefrom, 76.00 feet; thence Easterly along said centerline, which forms an angle of 194 degrees 58 minutes 32 seconds with last described course measured counterclockwise therefrom, 88.44 feet; thence Southeasterly along said centerline, which forms an angle of 168 degrees 12 minutes 19 seconds with last described course measured counterclockwise therefrom 344.53 feet; thence Southeasterly along said centerline, which forms an angle of 176 degrees 02 minutes 31 seconds with last described course measured counterclockwise therefrom 153.01 - feet; thence Southeasterly along said centerline, which forms an angle of 174 degrees 43 minutes 39 seconds with last described course measured counterclockwise therefrom 552.04 feet to the East line of said West Half for the terminus of said line (excepting therefrom the Southerly 379.60 feet of the Westerly 573.77 feet, as measured along the West and South lines thereof) in Kendall Township, Kendall County, Illinois. ALSO: That part of the Northwest Quarter of Section 20, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Immanuel Road, lying South of the South line of the North 525.00 feet and North of the North line of the South 20 rods of said Section 20, in Kendall County, Illinois. BIERMA That part of the Northwest Quarter, the South Half of the Southwest Quarter, and the North Half of the Southwest Quarter all in Section 28, Township 36 North, Range 7 East of the Third Principal Meridian, lying West of the West line of the Fox and Illinois Union Railway Company right-of-way per Deed recorded February 28, 1912 in Book 66, Page 285, in Kendall County, Illinois. ALSO: That part of the Northwest Quarter of Section 33, Township 36 North, Range 7 East of the Third Principal Meridian, lying West of the West line of the Fox and Illinois Union Railway Company right-of-way per Deed recorded February 28, 1912 in Book 66, Page 285, taken or in use for Caton Farm Road, in Kendall County, Illinois. ALSO: That part of the East Half of the Southwest Quarter of Section 21, Township 36 North, Range 7 East of the Third Principal Meridian, lying West of the West line of the Fox and Illinois Union Railway Company right-of-way per Deed recorded February 28, 1912 in Book 66, Page 285, taken or in use for Walker Road, in Kendall County, Illinois. ALSO: That part of the West 573.77 feet of the West Half of the Southwest Quarter of Section 21, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Walker Road, in Kendall County, Illinois. 265-218 Legal Annexation/1-4 ................. ------- ............................... ................. ............... IM5218126521 I 29g��=L.011 AMjraverLt2iB199 PLAT OF ANNEXA , iON TO THE UNITED CITY OF YORKVILLE TCRIPTION UM Us or A IRM MIM110 10 1011231.L OF Po",M Am MUM Locc 1110"- Panal Once Mr.IT-AMM"PCe 'non Mus'11% Poll,at Section,10,17,211,11,28 and.4"In T�Ihll 11111,11,Rang,I E..1111" M�m Moss'A"No.[am 14 Third PdnrJpdl Maildian.In Kendal County.Menlo. The Sentiment Ourater of ON NDdhwmi Ousibir of Section 21.=30 14cath.Racip I E&M.and MM pit of 4 ON West Hoed the Southwest Ounder of sold Godion 21 4" "C'm MCI,"C"An I Commornekgdths cons"11-M-1. nolut-wil - M ItId dickhot%. Ead=1V stung said conladna,wiM tam ON angle of TO degrees 50 N*nfts 01 mccands wfibled doindied :oum measured bounbrob"Im lhounilrom.11.01 look chance SMMNV suagsold candailift,Which how sit ngleallti4datoom(MmInifiniff - mwlhWdomfmd��mdcmmbndadmMOKinkm C` 15.91 INd;flaince BoutMadmfyaWM send cwdmk^Which Jews an angle at 2211 dogmas 41 minifts 42 oscm4ow0ftWdde=MWMMMWSumd=wdwda"iioftmbcm 16.76 feat thence Scer"addly cause Consend caustandockelm thomkol%88.14;suit SmAhowbady Mking MW careadona,which home an w4s of 207 dogmas 113 mitulas 44 smands with lost do-ribad coance smainved coviniordockwilm theishom 43M fat sehuhMalrdy II b along nu tonlodirm,which how an mottle at M3 dogmas 00 Wnutm 12 mcands was lad h Ana 11=sufted cases ammunal amd=thandirom.71LOO feet Ilan=Evskedy a*M said candoilmo,which nor. is lonow" Canada With and OMAn=amnoruUKE tbanchom,IL44 fact therics Gmdhoas"Wong Pond oahhnina,wift toms an neither 106dogram 12 cumfmwmvgR amm ILIME mhulMlgmomdswehle dmxbodcmnnmoumW=nlnrdo*AeUmakm344.53;mtlmw coma SLIM Ise Southsacery akag and asnWlas,WNdhlvn+en eacslds wilikst descilbod comen mommund offlogiscloftim floomhom 16391 betid=e Smdhomlady along said consolers, which kintmanaugleal IM dogma 43 minulas 39 socands waited desneI emnewAmnd kelimd*EaUlm tg#aidWdgtH411atOmkmd almurmbR." TowmW Keratin County.Minds. Peed Two: ENT ROAD SCALF- I'-500' ON Southeast Ousuclow d do Nardwaid Dmtffrcd Beam 21.InTowosslfi 36 MOM,Rings 7 East oftba Third! PAIL PLocic or cemominmont I'doclualmeakfion.to omodwtfmmtud;mdMmGy*d In ON People Clow Side 01011now'Dicanufflardell or ocamo Tenet-tationh WmmnyUmdm 1*L IM a Ommd 902819).In N Towasbp o Kondat Kanda Couny.0 Silla 2h 6 Six; ME-vim owl"mc 102=MISM-M ALSO. c=iivvca cur- ThalWallhaStuch HollollhoSeuth Ifidlefficiction 19 It, "Mats Middles.taken or Is too for Monte Rusin 47,lit Kendal County.MNIL A. WOM or cuave iCaC CoAnins ALSO. it V11-r4rr 13612• Thai Pad of the Thoth Hoff td Sedion 21,Tknieriship 38 Naft Soup 7 East of the TW Ptleclital Mouldion.taken crin use for Iffinals I'lauts 47,In Mandall CAUnly.MNWL and V W air munm 7VrFLE "mincon mitsinteeff Pound Oar. or so xojncrumm to IF-31-1 AS w000m#an amwo Th.March 71 .alga wool Hill at do NaMmad OWACV of Section 20 Townshili 35 Raft.Rougo 7 Sad of ON Mal Pdnc*d L*Mkn(ampt a)W pod doccithed as lesson: Iff mar Fat I ComncbqiitLt.N ctimaralsold Northeast Oucaterthance South dongthowmilhis Claim Nardwant Onihm 2911.0 leal facrat polol of beginalmr.towom South am"sold Wed Ms Milled;thence End 1 p el higld errdas b sold oral Im,54.40 rack panes Ibrtll al Igld anlpae b la het dasmEed cause.ZT5J feet a r or dome LK or lit MUKM Cosmic IF=WA 17-1 iawe or Beginning WON Not1w4micamer of add Northam Ckotorbm=SwAhaimqVwWomImi3lnWNmNm=t 77r'�^�,,, 21 Ounder.25MO feet finance Sad sit tight angles In=wool ML M.40 foot#am Noolhat tight sellers lathe "d"afted!counce.254.71 feel 1.the N.M hood som Nordwand ounden.Immewed aliong cold Nadi W114 551.40 fact to fla pokil ol begliming)In Kendal Townift.Kendal County.Waft .1- NMI" IF IM V",= lialJr M!01 UgM 31-111-1 IF or .i�nm Pawd T*W. M TIN West Hollof the NocRannit Oum*dSacbn 20.Tomaditio3a Nook Ron"T.Eadiddin'Thkof Prhdpd 9 PARCEL TWO It Towiiship.Kendal County.pi-la. AIS (BURKHART) Poicallhom: The I ear 6kaddlen,In#111 TUMMP 01 HOWAL MF"CMCIP,MMMIL PARCEL =17 Fatic Thici pad althow"HOW d No Muft"d Qwdwuf Section 21.TuwMhIF 36 MortIL Roup I Eantlying PARCEL THREE so'c'"in.,Is 01 (TUTTLE) Vic mupw ONE WIEMU-X-v I mmm or 11con 21-311-7 (TUTTLE) Commoscloil al the Southwest comer of mid Southwest Owden,thence NoUndy ulosif On West Ilan of add W SaWaimin another HIMAD[mI to ON cooled-dare Middis Am Settle croak foro point of Inigicadnif thence PARCEL z log 9"ady,obno suld cmftfb%which lonas an angle of TO dogmas 30 nomitack 01 accurate With MA 1 1 1 ad IN i comm mommial coundsiduckwho Universe;11.111 fout thencei Sainficaly alonif mid coadesibe,which tin=an TWO 0 bbb i ogle at 1111 dogma 06 minutes 57 accounts with feet dandiacal courm Command couidencladmin Mendion If 341"took thems-qmmwagwy Mong sand IN:="fthWaint Con (TUTTLE) Gone an aapfed226 copses 4l ld Mte 42 o;so P r4kr W h10 zome"a W lie sommon so gwroar said Mocallnowhich room an dqb Graz dogre 39ciftedean w1h lag doosclad courcm mmamW GUMMI ce '7 mm us ff smgAv comistclockwhis 111 10.14.Distant Soulamaleffly starig NU mMdkM which forate mangto d2IR mmeewse dogma M mkoulaw 44 commichawsh lad demand consim Commond ocambschockafts amstlem,43J3 last conz- M"MUZ umm IF Como 11131-1 owns'Wr 1991 MMMM wimum t2socaninawftled or or C F4r W 13 him an anvill of 194 dogmas 65 minulas 32 mcondleathled disialled comm mommand comilaincladmim 3920 mw 2070 omwmnk MW last dimaus Roullsocadidli,stung all emWbo.which lenew an ought of 155 it 12 .1influs 19...Me Wall;Ind d-11had catess Commend cou.1.1cludnift.themlenn 34453 Iset:2- 033,315L M W Sutmadady dog udcontulmwhthkn, mangto d Ile d000mW wnut"31 anc4ovichlad which home an angle of 174 clo9ims43odutflocillostardo wilhind described Come offamund Omi=QlmXandaTowmtON Kendal Catinly,ftlob. M ALSM Thad pad CIVIC Nauthwed0unitinuffleclicia 20.7camatillp 36 North,Things 7 Eel ofthaTlimi Princilad hladdhm. taken In um ha Immanuel Field."South oll am smollso d the"com antIolowand Nonhollas North 3-1 PARCEL ft-l'U'.5ouch2tiondsolacklatd .214kX.WMC-My.OhicAL FOUR p OMMIA it (TUTTLE) I That W althe Northwest under.ON South Hal of ON Southwest Quarta.OW Do Huth Hot dam SmftvM hp Wo allarFac and Moak Value RolontyCamilmol fighWI-Way A 19t2in Disk 66, Page M in ftrAd county.Mcnals. lyg ALM It to 33.Tomistip3aN42tk"oTE"tilm7i*dPskwoWMwWxL runic or lyingwinittifthawastros clibef-Mid Mb U.1-RaL,.y Deadmocidid! oxomm Fdrusty28,1912inflooli M.Pop 2115.1chanor hum farColoniman Read,Is Model County,Minals. 33 or am"M-31`7 41113 ALEM. E That pad of em Seat Hatful The Southwest Ounderal Section 21.7tions"30 NuM,Rings 7 Ent ofthoTmot IM R am*Mohm P"achwitholdhon'lAng%vid d are wee IM at the Fee and amil Union Rahay Company dild-aliway Per or 12m;26-31-T Dead mounted Febtuary 20.1012 h Book IN,Pop US.Islonar Inum lor%'Valker Rand.in Kendal Comity, MIMIL AILSM That pad of the West 57=find of ON%Wd Hallolthe Soutimed Qum*ofSoctio121.Towns o 30 Nosh Reep7linal NORTHWEST QUARTER SECTION 28-36-7 (BIERMA) 1 Ord NO IMPROVEMENTS SHOWN HEREON NOTES: 7 1.The existing corporate limits of the United City of 2*-q3- Yorkville are not shown hereon. On November 27,2006 we ff Int common am=or now ta-t a representative of the United City at Yorkville Indicated that the parcels shown hereon are not currently contiguous to the existing limits of the United City of NORTH HALF, Yorkville. SOUTHWEST QUARTER SECTION 28-36-7 r (BIERMA) alro9 9 AREA BREAKDOWN 0 mm ul�IT MAM OF LLMS Tuttle Annexation = 191.5514 Acres CoLwrr or 0.PM ass.I ass.I Burkhart Annexation zu 237.4154 Acres 1.011111 MmoctmLa MIC.pmmmuL CEMIMI Bierma Annexation 317.2000 Acres MM""04-0112117,DO film US FMMm niew MAN JIM MMM me WAT In FIAT Is A I"AM Total Annexation 746.1668 Acres CON=RUMMFARM namr.AIL&Down ilwm Iff IM SOUTH HALF, to 4010 MINA,PAM 119ROIF. SOUTHWEST QUARTER g M M UM.M s IUM%= VN SECTION 28-36-7 (BIERMA) 1 MVM -DMlR4fMuIYDFMMUr ST 2 11/22/09 MMOVE 111ERMA Rt.47 IL 10.0011 W am=W uma It tAllbmllYEYOR 1 11/20/06 MOVE HUM PARCEL IL -F-:=g 212/06 ISSUE TL 33 '..111111cit, NO. DATE DESCHIP11014 By 1*' a'= TECHNICAL PREPAR 10- rofl.- ry WP-1 114154� VAMCF 11M 2MV1113 WWII! Foot ML •FOR BUWNC RESTRICTIONS A140 EASEMENTS NOT SHOWN CONSULTANTS,INC MF3F-6 YORKVU.LL LL tAMSURVEM HEREON, TO YOUR ABSTRACT,OEM.GUARANTEE LAIIII SUJNffMS C. OJ POLICY CAL OROINAMES. CMMARE ALL PCH14TS BEFORE BUILOIND AND REPORT ANY V V V DIFFERENCE AT ONCE. JOB IMIL' 263:2h�5 139AVI ft 26.. X Cr r+ 001 f�-,LL1r,�. 4me xxoor. FROPOM an u� ----- ------- !_ J ®ou rAm y s NEIGBBORBOOD 8 laam v.m t 4 1�Ir) r 15d IC r.v Mm 7 i 100„m, NBlcrmowrooD I / .9•�■wlb 3.om 4. fi,"'� + I '� � .� i 'd-, F»a 1 a0o e>,�ie•7 e.a�4. � t�'i': 1 PM �`L y Or Warr I jl J N, `� nr•11..n•d I \/ I b1 ) ` 319094 �' TV m'190.n3m '; '1 ea ld• I A r Y Y 1 11 1 a 1 1 NBI��HOOD O 10.000 ar.l9n. •{tF� I J, m VA gg 3 }� YWa-rllmr a N6IONBORBOOD!0 rllmr .M._ a,-rte„• »I1 �,� ..� , 7w vift- ft 1.,. m 4 N6IGEMBBOOD 9 ttI' i mm®m �- }1t rY 010 P0. �_ I w IaW I § �SL4 aPkF®�cr iows°1 n.Wn „r.0.. 3 ].E � # i )y 1 � , iiln•-7� �_ i �� r'^l I / r..�r�,b u.� u1s na la� � .3' �� 11'�,�. L" •_�1 ' � r I �� r � 3Ym 4 Mwwem 4 4 ?y. t0A00 r.r.100. i� iii_ , — 13 "- xs,a clmmm, o.rtn.m,•s ».le r ��r ;fg �aa� I st — . g 7 C t �Wn F» sk r x 'l S�°Pfl x k r4 a 4 I n`.,r.�'no,n I,w 1 i'•�0'S� t t �. x � 'x�m^�V-''�?*� T�z kl°14t'- �+ �g� F�st� u .�t a =`^' '�t 1 •'x'�y,�,.' jx t 2.. .w.,.� 1» .✓.,r.L..:�F k � ��,,, ,' + �� my`s'8� `��- � �b �,#1� h a`�qgI° : J� -" .� Kc�. F'wnl rmiy rWw mn � '�.. ..N K �( y 'a l 1 G-•.t y�S $' �;t*.� �TYS >-:d `1".;..y q S. yr• a � r� � .N s # �„ i1 � « ....•..•ma , .. � 'z•�`e`{ '�+w'�'�`�iY£.°��f"t '�.?�, s Z.�B4` fs�`r�'�:��-'�it t I t. & �t �,�Job!3103 r - �„�,�� Land Use Concept Plan ,o-m-m Ig000 Eq��.v. 9000 Nam Fra,,9,<RaOd S.K.i00 ��LAND DESIGN,INCiI, +�1b-06 "'"'tlkd"" ' Tuttle, Burkhart and Bierma Properties PLANNING•LANDSCAPE ARCHITECTURE s0a• i•�300' �-1 �radie3/WrTO" Burr Rldge,IL 80527 P os-i9-m Ia,ar.a s. 5S17 N.Cumberland,Sllte 908•Chkaga R 80658 Q' (e30)455-5400 Yorkville, Illinois Pk 7�, g Fm M OkW%*kL^et �^ l 1 N CROSS;,« . SCHOOL 'rf P tAT6a morn ,y 1 I NEIGHBORHOOD s r. NEIGHBORHOOD 2 9datl lAY1LY •la'Lln,ndlh u,000 a.r.um. i teo LDTa M� A NEIGHBORHOOD 1 90'Wo.nau I 340.Oe Ac. 1 -• .. a; 91NOIE rAYO.Y 49 tOT9 I ! .2e, tAledbe \I \\ • 2 •� � I � 390'/4 Ae. � ', I » v 1 PAa PROM .,,n«,•r��9� ^� ^` SED �,• � ' vt • " -�/ SZY er Aa J h' (.r1 /uA iRUI� LM.wp. s„Im 4r Z {pr A� -.. •"`+...\orb s , �� I��4a� • � /�� �M� ' 3 !,} y ry�}a/��4p' �/ c '+ r ­10 h«t "N 9 I11 I F NEIGHBORHOOD 6 i{1n/'},e xi mm—PANLY Ta ,1 • PPP t : INN.1170EL �eo inV� F I. M, �fX �r k S u a _ ^r 4 oiaeaAA.� i I ttFs' t�`yr },. } A �.>. � 4� � c_= =�`T�'�=^Tr .. . ^_. �" � 1• a.1"„ f 1{ 1 T ^• f=. 1 tarA4 1. + OPa BPACa k d NEIGHBORHOOD 6 f I' y�$J�w,! swcla rAUnr TMal .... t }'ezy e,t+ts `L, tai � m•um.nave � �7�, ,• srrR: Aa. 4 saSWryi�1t }: ''�!� �a > ePACa y1.,'' � � R !>i � �� • R0.e. , !• NALKER+7�e�M ROAD • f r 1 TOM t � oPa 9Pyta 910904 ra eadrap• i e ' ; ,.d � loll {-� _ ` � NElCHBORXOOD 7 � ..,-.. _..--_.....- �.---_,a•....r. y; � —.4 Ao. 1". Na•I.A_., ,. ,,k .,.w..INdpw•.a n,m .,m } T T 1--` .' �\ ` NEIGHBORHOOD B f �� ... o,•,.r.w., Ik.•, r.Ta..,..uoron:.xin,a �M+.7�:— ;� � sae Du. � 'T a _... _ y - :else Ae. 'tr. .. -. _...• r„rma x,a,e,..isx. ter► +��^ �* J ~' NCIC.XBORXOOD 10 ._\�,`•\ �• .. n _ f•_ 10g09I ,m...e..0 nM a.Ae•Iwo.u, f ur,srr r.l '�., - f =r xsa.es As. NEIGHBORHOOD B `�� e„ry � ��,. p � 100 T..r R«aN•e •��. \ !• ,,,,...�.�.... �veu..f< >„,s.M F��1 �3 a x � '� ++'” � la Y«.n.wl.l. y.� _ • {: Me-1i` x 000 ,w . w. cw r ,+'•,' - I may`\tea ea a«.r. ' 1 ., I 1 w,k eear nnl. Ak.el Fa,atsnelu.- (. � a 1• t \\\�ngr s� smala rAmT n `I ( •r ,1 kae. A,e _ .a .roe/3IOJ RsN.lon. Land Use Concept Plan LAND DESIGN,INQ Dale 04-13-OL I_pj_0�6 0.900 54 R IIH Sr. ,2_ie_� 1N,�Lned�•.eol•k 6860 Nath Frmloge Rood Suite 100 Saok ,"=J00' m-ae-a 'y'a"""/"°I^'°••' Burr RW9e,IL 60577 Tuttle, Burkhart and Bierma Properties PLANNING-LANDSCAPE ARCHITECTURE od-,s-ae NIN srAm sn. 5517 N.Cumbedoad,Suite 906-Chicago,IL 60656 u�-+I-a �•'�••'• l6JO)455-5400 Yorkville, Illinois Pk 7)378]3310 F.713.7617325 Enot pllandeebcgabd.net sY-ae m.mlr r.� ■r. Pe l l V Exhibit C2 3103 -MPI-Tuttle,Burkhar(Kuhn&Holt Properties-Yorkville,Illinois server\dwg\mpi\3103\data\sdl 12706.xls Site Data Acres Percent Total Site 728.73 100.00 Suburban Neighborhoods 371.68 51.00 (N.of Middle Aux Sable Creek) Transitional Neighborhoods 357.05 49.00 (S.of Middle Aux Sable Creek) Total Number of D.U. = 1427 Gross Site Density= 1.95 D.U./Ac. Gross Residential Density=2.19 D.U./Ac. (1427 D.U./650.23 Ac.) Suburban Area Acres Percent Total Site 371.68 100.00 Immanuel Road R.O.W. 1.66 0.45 (existing and proposed) Proposed Wheeler Road 9.92 2.67 Commercial 13.00 3.50 Water Tower 1.50 0.40 Fire Station Site 2.67 0.72 Proposed High School Site 67.50 18.16 Open Space* 134.26 36.12 Residential 141.17 37.98 Total Number of D.U.=392 Suburban Density= 1.05 D.U./Ac. Gross Residential Density= 1.09 D.U./Ac. (392 D.U./358.68 Ac.) Transitional Area Acres Percent Total Site 357.05 100.00 Perimeter Road R.O.W. 5.66 1.59 (existing and proposed) Commercial 65.50 18.34 Open Space** 103.93 29.11 Residential 181.96 50.96 Total Number of D.U. = 1,035 Transitional Density=2.89 D.U./Ac. Gross Residential Density=3.55 D.U./Ac. (1,035 D.U./291.55 Ac.) Residential Breakdown Single Family Lot Size Lot Width Acres Percent D.U. Percent NH 1 12,000 Sq.Ft.Min. 80 Ft.Min. 30.74 14.31 78 13.04 NH 2 11,000 Sq.Ft.Min. 80 Ft.Min. 16.59 7.72 43 7.19 NH 3 10,000 Sq.Ft.Min. 70 Ft.Min. 40.06 18.65 120 20.07 NH 4 11,000 Sq.Ft.Min. 75 Ft.Min. 22.57 10.51 62 10.37 NH 5 10,000 Sq.Ft.Min. 75 Ft.Min. 31.21 14.53 89 14.88 NH 6 10,000 Sq.Ft.Min. 75 Ft.Min. 31.50 14.66 88 14.72 NH 10 10,000 Sq.Ft.Min. 70 Ft.Min. 30.83 14.35 86 14.38 NH 11 10,000 Sq.Ft.Min. 75 Ft.Min. 11.31 5.27 32 5.35 Subtotal 214.81 100.00 598 100.00 i Exhibit C2 Acres Percent D.U. Percent Single Family NH 1 -6, 10& 11 (See Above) 214.81 66.48 598 41.91 Townhomes NH 7 38.94 12.05 228 15.98 Courthomes NH 9 37.90 11.73 276 19.34 Multi-Family NH 8 31.48 9.74 325 22.77 Totals 323.13 100.00 1,427 100.00 Open Space Breakdown Suburban* Acres Total 134.26 Detention 38.00 Floodplain(100 yr) 56.27 N-S Creek Corridor 3.53 Park Site 10.80 Private Club 5.50 Buffers/Trails 20.16 Transitional" Acres Total 103.93 Detention 41.40 Floodplain(100 yr) 31.13 Park Sites 18.00 Buffers/Trails 13.40 Notes: 1. Existing Zoning of the Subject Property is A-1 Agricultural in Kendall County. 2. Proposed Zoning is P.U.D.under the R-2 One-Family Residence District with a Special Use for Planned Unit Development. 3. Refer to Engineering drawings for existing and proposed utilities, easements,grading and storwater management information. 4. In developing preliminary neighborhood plans,no road access will be allowed between neighborhoods eight and nine and seven and ten. 5. Refer to survey for survey markers/references to monuments. D Transitional Area Comprehensive Plan Analysis Page Exhibit Of 2 Based on Land Use Concept Plan dated 11-27-06. The proposed Yorkville South Development consists of 371.68 Acres(358.68 Ac.Gross Residential)in the Suburban Neighborhood and 357.05 Acres (291.55 Ac.Gross Residential)in the Transitional Neighborhood as defined by the Comprehensive Plan. Per the Comprehensive Plan,the Suburban density range is 1.5-2.25 D.U./Ac. The proposed Suburban gross residential density is 1.09 D.U./Ac.(146 units less than the low range). The proposed Transitional Neighborhood,as outlined below,exceeds the allowable gross residential density by 15 units(3.55 D.U./Ac.vs.3.50 D.U./Ac.). Trading off a slightly higher density near the large proposed commercial centers bounded by Walker,Route 47 and Caton Farm roads is appropriate and complies with the intent of the Comprehensive Plan. Design Guidelines Table per Comprehensive Plan Maximum Area within Maximum Maximum Density of Additional Development of Overall Density Single-Family Attached Open Space Single-Family Attached Units per Acre Units per Acre 0% 0% 2.25 N/A 10% 10% 2.50 6 15% 20%° 3.00 6 25% 25% 3.50 8 Transitional Residential Area Required Per Proposed Comprehensive Plan MPI Plan Difference Open Space 32.98 57.84 Ac. 75% greater than req'd. Open Space Required: Estimated Transitional Area Population =2,638(*see Table of Estimated Population by D.B.C.W.01-17-06) Required Park @ 10 Ac./1,000 population =26.38 Ac. Additional Open Space Req'd @+25%: = 6.60 Ac. Total Open Space Required =32.98 Ac. Open Space Provided: Parks =18.00 Ac. Trails/Buffers = 8.44 Ac. Floodplain/Trails(excludes detention) =31.40 Ac. Total Open Space Provided =57.84 Ac. Max.Area of SFA 116.82 Ac. 138.00 Ac. 7.33% greater than allowed Total Site Area =357.05 Ac. Less Commercial = 65.50 Ac. Gross Residential Area =291.55 Ac. SFA allowed at 40% =116.82 Ac. Land Area for Attached SF =138.00 Ac.(*see attached Land Area Exhibit) Percentage of Residential Area =47.33% (138.00 Ac./291.55 Ac.) Max.SFA Density 6.00 D.U./Ac. 6.01 D.U./Ac. 1.00% greater than allowed Single Family Attached Density =6.01 D.U./Ac. (829 D.U./138.00 Ac.) Overall Density Analysis Required Per Proposed Comprehensive Plan MPI Plan Difference Max.Overall Density 3.50 D.U./Ac. 3.55 D.U./Ac. 1.01% greater than allowed Recommended Allowable Actual Residential Actual Units Land Area Density Range Units Density Proposed Pronosed suburban Res. 358.68 Ac. 1.5-2.25 538-807 1.09 392 Transitional Res. 291.55 Ac. 2.25-3.50 656-1020 3.55 1.035 Total 650.23 Ac. 1,194-1,827 1,427 Median 2.50 1,625 2.19 1,427 CRO99 SCHOOL . ,•r ^a` m .` / 7>�c7moNHODe B am 0. B mm?ANN HAD IS.m 5 NIDMMERO MMU/ UAW LF. S, rums u um , tRAr ss.�. 1 aar 4 i e .. « --� , • NFJCRBMOOD 6 1 �J MADO aer.umr .� �a cLnw rn �.Q 1 �� II.y_`K ` w rl li UM .ES N�6®0%R70D E t'°rarl �j fe0r .. SAD - �, ' • ..{sddicva�+w•.,,:i_: .. WALKER ,Jt, _- - �• _ -_ - y .: di mu I-A- 1 i Wyti�'.�y �. " ,•, ' /,'Ad16N18/o0D 7��1::�. � � _ _ ----- - __ . II : 1 SHED _ \ SIN FAMIL AI � i AREA+ �i38.00 Ac. v NIICHBOnHO00 e MAYMBOldfam 10 nr A .. •. oms rma ..y .-! i .. � ..... NFJONBOHBDOD 8 •, AS[ `IML N 1v ,sre u.rr r / 1111 ktQ 4 vtP -a d e d �� Attached Land Area Exhibits 6660 N>th F-1w Rmd Sub 100 r INQ 9mr Rlepa.IL 60647 Tuttle, Burkhart and Bierma Properties PLANNING•LANDSCAPE ARCHITECTURE (em)v6-s m Yorkv)lle, Mino{e M:551 T7 N. M Fee 77 Sulte 906•Chlwpq IL BOE36 FT:7/1761340 Fa 7ISM1143 Fapk Je�hldMe��idat -o m v x (0 =r M N r=+ O h N EXHIBIT E PERMITTED MODIFICATIONS FROM MUNICIPAL CODE The parties agree that all modifications, if any, from the CITY codes, necessary to develop the SUBJECT PROPERTY according to DEVELOPER'S Concept Plan, shall be deemed to have been granted as a planned unit development. Those modifications are as follows: I. Permitted Modifications to Zoning Ordinance: a) Permitted Bulk Regulations for Detached Single Family: Yorkville S.Lot Type Yorkville Code 12,000 11,000 10,000 Requirement for R2 Zoning Lot Size 12,000 11,000 10,000 12,000 Lot Width 80 75 70 80 Front Setback 30 30 30 30 (minimum) Comer Setback 30 30 30 30 Interior Side 10 10 8 10 Rear Setback 30 30 30 40 A) Permitted Bulk Regulations for Attached Single Family Homes: Yorkville South Lot Type Yorkville Code Courtyard Conventional Requirement for TH TH R3 Zoning Lot Size None None 9,000 Lot Width None None 90' Yard Setbacks Front 20' 25' 30' Side(Comer) 20' 20' 20' Perimeter 30' 30' 30' Building to Building Setbacks Side to Side 20' 20' 20' Side to Rear 35' 35' 40' Rear to Rear 60'* 60"** 60' Front to Side 35' 35' 50' Front to Front 50'*** 50"*** 50' Rear to Front 50' 50' 1 100' Garage to Garage 60' 60' Na Notes: *If structures are arranged in any way other than parallel, a separation of 350'shall be allowed at the closest point between structures provided the average separation between structures is 40' or more. **Except where structures are arranged in anyway other than parallel where a 50'separation is required at the closest point between structures provided the average separation between structures is 60'or more. ***If structures are arranged in any way other than a parallel arrangement, a separation of 40' shall be allowed at the closest point between the structures as long as the average separation between the structures is 50'or more. Revised 6115106, 12105106 H. Permitted Modifications to Subdivision Ordinance: Section 7.08.02 States"paving shall be 3 inches of bituminous concrete surface course on 10 inches of compacted CA-6 base. Fencing shall be 4 feet high, continuous chain- link fence of both sides of the walkway or easement." Variance requested for 2 inches of bituminous concrete surface course on 8 inches of compacted CA-6 base. Fencing only to be required when the walkway is through a side yard. Section 8.12.02 States"steel plate beam guardrails shall be placed along the shoulder of any street, where street construction has resulted in an embankment greater than 6 feet in height." Variance requested to add"or other safety measures" after the word guardrails. Standard Specifications for Improvements—Insurance Requirements Fifth paragraph, last sentence states"The insurance coverage shall remain in effect until the City accepts the entire development." Variance requested due to the size of the project to change"entire development"to"neighborhood or group of neighborhoods". Roads Pg S-2—Last paragraph states"Also,the binder course shall be bump tested by the contractor and witnessed by the City Engineer and all areas exceeding '/z inch bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing." Variance requested to add"or be leveled by grinding" before the word prior. Pg S-3 —Last paragraph states"The developer, to comply with these Standards for Improvements, shall improve existing roadways running through, or adjacent to,the development." Illinois Route 47 is intended as a regional improvement by IDOT and therefore a variance is requested to improve existing IL Route 47 to accommodate access into the site as mandated by IDOT for the appropriate share of said improvements adjacent to the subject property. Storm Sewer System Pg S-8—First paragraph states"catch basins or open-lid structures shall not be located over the sewer main." Variance requested to allow open structures along rear yard storm sewer main. Pg S-8— Second paragraph states"all new homes with basements or crawl spaces shall have a direct, underground conduit to the storm sewer system." Variance requested for lots adjacent to detention/retention basins to allow the sump connection to tie into a structure with a perforated bottom to promote infiltration into the ground instead of into the storm sewer system. Revised 6115106, 12105106 Pg S-10—Item 7 states"this overflow shall have an erosion concrete curtain wall..." Variance requested to limit the concrete curtain wall to basins with an overflow route adjacent to roadways, offsite areas, or proposed residential or commercial lots. Sanitary Sewer System Pg S-15—Item B states"the station building shall be a brick structure with conventional-pitched roofing and paved access." Any pump station proposed within the development is intended to be operating on a temporary basis and variance is requested to remove this item. Pg S-16—First paragraph states"all pipe and fittings shall be pressure rated in accordance with ASTM D-2241 and ASTM D-3139..." Variance requested to ad ASTM D-3034 after ASTM D-2241. Park Development Standards Detention/Retention Basins—Pg 11 —Section 3.6.2 states"should detention or retention ponds be part of the local donation, they shall meet the following requirements..." part c"comply with state statue regarding distance from ROWs." Variance requested for basins along a neighborhood ROW to maintain a 10' setback from the ROW to the HWL. III. Permitted Modifications to Building Code: DEVELOPER shall be permitted a variance from the CITY requirement to hook- up sump pump discharges to the CITY storm sewer system. DEVELOPER and/or builders shall provide drains or positive overland lot grading to open space or rear and side yard swales as set out and approved in the final engineering plans for said development. DEVELOPER shall also grade the SUBJECT PROPERTY so that sump pump discharges properly and efficiently flow into rear and/or side yard swales eliminating any possibility of storm water puddling on the SUBJECT PROPERTY. If for any reason puddling occurs as a result of improper grading the DEVELOPER agrees to correct the grading upon notification of the problem from the CITY. Provisions will be set forth in the covenants and conditions requiring the builders of each lot to comply with the terms of this paragraph. Specific Provisions related to permitting and occupancy for model homes, production units, sales trailers, construction trailers and the construction of the clubhouse have been identified in Paragraphs 18 and 19 of the Annexation Agreement. IV. Permitted Modifications for Signage: The provisions of the Sign and Zoning Ordinance are hereby modified as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph X of this Agreement and attached hereto and incorporated herein in Exhibit K. Revised 6115106, 12105106 ERSTIN MANH \ 1,600 LF. `4 1, 10-INCH FORCEMAIN OR 24'GRAVITY g 1 SANITARY SEWER IF AN EXCLUSIVE .S.D, y ,f EA EMENT BE OBTAINED AND GRANTED ST. l I t I j Q AMTY SANITARY SEWO2 TO SE • caxstwctm WTNN NDareeRRaaos F I FORM 5 I + PROP49EO FD u:ists$A SMT 9°_1'ER "�. ! �A•��� 4 � BY TUMT}lE BPoS10L aANTARY gSRaCi 2,600 L.F. I i ixy AMENT I ADD J i 17 ®•,� p 10-INCH FORCEMAIN TO BE LOCATED U IN AN EASEMENT OBTAINED BY OR E. .f WITHIN IL.ROUTE 47 RIGHT OF WAY O NOTE: M1�p4` � i FORCE MAIN AL011,G IL RT 47 TO 1,300 L.F. - S POSSIBLY BECOMS PART LUE FORCE MAIN�IMPR VEMENfi WITH THEIR b FUNRE WASTEW COUECTION SYSTEM. {{{ SCHOOL I t - WATER j WELL/STORAGE i 250 P.E. } S � STUB FOR FUTURE I CONNECTION (BY OTHERS)- STUB FOR FUTURE CONNECTION (BY OTHERS) NotiEamAO PROPOSED - 10"SAN HIGH SCHOO '^��• 800 64.45 Ae. 286 RE. J NEIGHBORH OD 3 W A Y 12"SAN I (! IGHBORHO 2 SINGLE F Q SINGLE FAMIL 120 LOT 2,235 LF Z Q 1 0 LOPTS 420 P.E. 229.2 As. P 3,900 L.F. 2 � NEIGHBORHOOD 151'SAN -"---"=" -- a ` sT TIPN SINGLE FAMILY 900 LF COMMUNITY Lu 14 E. 78 LOTS 811.7 Ac. ! PARK "^ ... 273 P.E. ^,T•-.�.+�"s. 84o LF 8"SANOt� t 89 65 Ae �♦ - i� ►J+ �DETENT ON 62 LOTS 5�OwrIC eaaasalclu 217 P.E. 18"S v`,.t�u• /, 25 - :.' 195 P.E. % 1;875 "ESUIH�.°ie RHO 4 za P.E.P.E.: -.L.—, is BSd.80. ,'.`a..---,^...'S ✓ ' RETENTION o 24" INTERCEPTOR 1550 t FORCE MAIN ,♦ 402.9 I 10` F.M. �- . .. .._._ ............' (1,850 1"SAN 4 IMMANUEL �' %� 3.78 Ac. t CEMETERY *..� NEIGHBORHOOD 5 i aDlOLE FAMILY 2,700 L.F. 24" INTERCEPTOR) 36" INTERCE OR •I{ TEM RARY PUMP STATION ----- - -�.... aBBP Sts MI4a 01++at �. 30" INTERCEPTOR i nrwn'.; 1 SINGLE FAMILY 88 Lots --� 8" GRAVITY 9W C 1.253 1 308 P.E. GRADIENT UNDER K FOR CAPACITY EIGHBORHOOD B ( } TEMPORARY FOR AIN + 12"SAN s 2,000 LF 1 C 1 DEr. ALKER RD - --- — - - wars rA — p - 8" F.M. IT t Perk TEMPORARY FORCEMAIN 1 F"NAL LOCATION OF TEM ORARY NEICHBONHOOD' ` TOTAL LENGTH OF 8-IN 1 8_INCH FORCEMAIN TO DETERMINED 7 f' ' COMMERCIAL FORCE MAIN-8,200 LF UPON FINAL ENGINEERIN ({. TOWNIM Ea 8"SAN" 345 P.E. i now in R !OPEN SPACE 1i 1 DETENTION `• 8"SAN 1 226 0.0. Ac KK 798 P.E. `�,` ''I °H40BLNE 130" 7ERCEPTOR 1 i a (F OM CANTON 1 W ARM ROAD) 1p2/�"SI(ApN1� 1 + TO BE PROVIDED NOTES: a s 1,900p LF 1 ONLY IF NECESSAR I NEIGHBORHOOD 8 1 DUE TO TIMING FOR MULTIFAMILY SANITARY SERVICE 1. THIS CMCEPTUAL EXHIBIT IS PRELIMINARY ( ` 325 D.U. J ; PRIOR TO Y.B.S.D. 999 1137.5 P.E. EXTENSION OF IN NAT RE AND SUBJECT TO CHANGE BASED NEIGHBORHOOD f0 1 INTERCEPTOR TO ON ADD TIONAL ENGINEERING STUDIES AND SINGLE FAMMY % 1 CATON FARM ROAD. INVESTI ATIONS, AND UPON FINALIZATION OF T 88 Lola SITE PL NS. 301 P.E. /z. AA TON 1 S 1,800 LF m 1 } -�•� NEIGHBORHOOD 9 1 I CDIIRTMOWS TEMPORARY FORCEMAIN 1 2. MAIN INE SANITARY SEWER CUTE FOR f E' 276 D.U. TOTAL LENGTH OF 8-IN I THE AR IS SHOWN PER WAL ER E. ,,I jr 969 P.E. FORCE MAIN=8,200 L.F. DEUCHL ASSOCIATES INC. 0 ERALL PLAN. -- -- 15"SAN BACKBONE 18" AND LARGER GRAVITY SAN TARY SEWER ��� 2,500 LF 8 F.M 1 AS WELL AS PUMP STATION A D FORCE MAIN SH WN HEREON ARE BY HE 1 YORKVIL -BRISTOL SANITARY (STRICT. 1 15"gpN BACKBONE -.--,a; ys • ! 2,500 LF CATON F. A R �D r ERE7AL $ i � 114 TD I - 1 ! 32 Lola 112 P.E +• ao 1--- __ t aS 1 11N--�~ 1 ft 2 " aD1aLE FAMILY Ye"Fal PFaM as 1 CATO , FARM ROAD A ~ 24"INTERCEPTOR TEMPORARY PUMP I ON now IIIINEW on a Ili t DecemJer 05, 2006 1:45:44 p.m codVer:16.1s (LMS Tech) G ing: F:\CADD\3125.00\312\EXHIBIT\ANNEXATION\ ITARY_ONSITE.DWG (310)$ /SON COWHEY YORKVILLE SOUTH PROJECT NO. 3125.00 POSSIBLE MODIFIED CONCEPT FOR M 1NNO GUDMUNDSON DATE 11/29/06 1S■■ LEDER, LTD. YORKVILLE, IL. INITIAL SANITARY SERVICE TO SITE =" SCALE NONE & © COPYRIGHT 2005 -n L_ NO IF: -- CROSS SCHOOL • THIS CONCEPT EXHIBIT IS PRELIMINARY IN NATURE AND SUBJECT TO CHANGE BASED ON ADDITIONAL ENGINEERING STUDIES AND INVESTIGATIONS, ADDITIONAL TOPOGRAPHY. i e w•r■n FINALIZATION OF SITE PLANS, ETC. ALL PROPOSED ENGINEERING 1 d TowEA I l ELEMENTS ALONG IL. RT. 47.ARE SUBJECT TO IDOT APPROVAL. dd "■A° III • ]HE TYPICAL ROADWAY IMPROVEMENTS ARE 70 BE REVIEWED + yI WITH I.D.O.T. AND KENDAL COUNTY HIGHWAY DEPARTMENT. TYPICAL WALKER ROAD CROSS SECTION SHALL BE IN ACCORDANCE WITH THE KENDAL COUNTY HIGHWAYy DEPARTMENT DESIGN STANDARDS. �I KUHN I I HOMESTEAD PROPOSED I 1 THE DEVELOPER AGREES TO DEDICATE 40' OF HALF HIGH SCHOOL 1 SITE RIGHT-OF--WAY (80; RIGHT-OF-WAY WHERE THE �y :87.50 Ac. I g I DEVELOPER CONTROLS BOTH SIDES OF WALKER ROAD). I 1 . II TYPICAL II_, R7. 47 CROSS SECTION SHALL BE IN NEIGHBORHOOD 3 NEIGNBORH II: I n ACCORDANCE WITH THE ILLINOIS DEPARTMENT OF BINDLE FAMILY 11 I 000 Z 1 I TRANSPORTATION DEPARTMENT DESIGN SIANDARDS. 0 9 SINGLE FAMILY ro000 S.F.Mm, W NEIGHBORHOOD 7 11,0008E Min. 4 70'MI..Width SINGLE FAMILY 80'Min Width 120 LOTS THE DEVELOPER AGREES TO DEDICATE 60' OF HALF FIVE 0 LOTS ■ :40.06 Ac. O RIGHT-OF-WAY WHERE AVAILABLE. ml• 12,000 S.F. Min. n.nai 0.8.0.6 Ae. _-.-._ r u,0.A., _j SW Min. Width I i - - - _ 70 LOTS ROAD PARK coAiMUNITY I I.�.■ ----U - t:30.74 AO. e�k 50'PRESCRIPTIVE ROADWAY EASEMENT "'• Eby% =10.80 Ao. E I: 3D' Ip ^ _ 0.0 I . R N 1} 22 \ NEIGHBORHOOD 4 Il' U.1 i \\_ 1// BINGLE FAMILY "I 711■L�"i1+4s"•� 11,000 S.F.Mln. 73'Mln.Width AOUA7IC \ 1 1 82 LOTS 1 CENTER + TOTAL \ I r-IX1111- Wows r`♦ \ 1 , 6291.57 Aa. :8.■o b. / OPEN BP AC! -LANE• pp '" TOOL`•. W+Nrro.L u■A.. OUreAeta•" Y••AA 104■la 7 RETENTION kl ING CROSS-SECTION '\0.P `R -!� / 1S260 Ar0. I IMMANUEL ROAD AND CATON FARM ROAD _ r.+0.a<. \ O F TOTAL�30' 40'PROP.ROW DEDICATION 24'4' 12' 12 a AGGREGAATTE `, NEIGHBORHOOD 5 SHOUTAER IMMANUEL CEMETERY 81Nf1LE FAMILY V 1 10,000 S.F.Min. 78'Min.Width ' ♦\M4Ox \ y 89 Lo14 •� I 17121 Ae. - 1 :I �•q EXIISTING PAVEMENT OVERLAY `\` 1 ,•' \ I I ic 1.5 BITUMINOUS CONCRETE SURFACE COURSE 4,5"BITUMINOUS CONCRETE BINDER COURSE p �••• r..••••• I - ' 1 1 Y, tom I ~ EXISTING PAVEMENT WIDENING n •-1L-••'••.'., OP��>;AaOE• _ I 1.5"BITUMINOUS CONCRETE SURFACE COURSE 4.5" 1 BIUMNOUS CONCRETE BINDER COURSE BASE a �•�"" I I I COURSE CA-5 C`� • 40'1/2 R.O.W. DESIGNATED FOR PERIMETER 1 -•' ROADS ALONG FRONTAGE OF Siff. snnlnwr`7 PROPOSED CROSS-SECTION +u.e■w ` PI IMMANUEL ROAD AND CATON FARM ROAD NEIGHBORHOOD B SINGLE FAMILY j --- 10,000 S.F.Mln. j B6'R.O.W. 76'Min.Width 88 Lots 3 I I O Q :3160 Ac. IY 18' 30' B-•B 18' Taut •I I'. I oP �An 27' F-E 1,5' - 114.. PER Fool - WALKER --J ROAD - S'P.C.C. / / / / /-/ / ♦ -S'P.C.G. -.. -- -_ -� SIDENALK SIDEWALK ' I I 86.12 C.&G. 1.5" BITUMINOUS CONCRETE SURFACE COURSE emi■i 2.5" BITUMINOUS CONCRETE BINDER COURSE Fes■ I 1 I UJI 10" AGGREGATE BASE COURSE (CA-6 ) TOTAL COMMERCIAL 1 j1 • / OPEN !INTO ACE �. 222.00 A.. I ; O TYPICAL NEIGHBORHOOD ROAD 1 DETENTION (LOCAL ROADWAYS) 1 l GNAMi TOWNH0M6 CROSS-SECTION 226 P.D. 36.64 Ac. \ I 1 I 70' R.O.W. 3 w NEIGHBORHOOD 7 I I 18' 34' B-B 1B' O I 31' E-E 1.5' x I g 1 12' S' NEIGHBORHOOD 8 + 1/4" PER FOOT ~••'` MULTI-FAMILY I I 1 '* qt 323 t48 AD.UAct. ■ 1 1A2X I I 5" P.C.C. 5" P.C.C. NEIGHBORHOOD l0 t3 j 1 SIUEWALK SIDEWALK SINOL!- FAMILY 7 � 10,000 S.F. 70'Min.Width B6.12 C.&G. 1.5" BITUMINOUS CONCRETE SURFACE COURSE 96 Lots f 4.5" BITUMINOUS CONCRETE. BINDER COURSE 130.63 A0. 12" ACGREGATE BASE COURSE (CA-6 ) NEIGHBORHOOD 9 1 ` 1 COURTHOMES 1 276 P.O. I I / 537.90 Ac. 1 TYPICAL MINOR COLLECTOR ROAD - CROSS-SECTION FOR INTERNAL ROADWAY --N,'\�\k" II - BO' R.O.W. • `� _ }� To7A1 Hsi Q O ¢ 20.5' 39' B-b 2R5' Ix \ �\ 1146.00 Ac. 1.5 36' E-E 1.5' 1• N .Ino \` 11 f F ^���. J 1 i 1 14.5 .5' =T.ION m■w..i M-------3 I 1 II III 1/4" Pte= ! I� 5" MIN \ \ ♦. 5'P.C.C. �I I � P.C.C. I SIDEWALK SIDEWALK '/ `` w■.N^� BIKE PATH BIKE PATH O QDB t�wn' \\ I I I 86.12 C.&G. 1.5" BITUMINOUS CONCRETE SURFACE COURSE +AS�nou".W.•T IiI 4.5" BITUMINOUS CONCRETE BINDER COURSE 711 nl.w+m F 12" AGGREGATE BASE COURSE CA-6 ■■oil +� }�\ 8.-.•�• 1 In A•. 1. r- I "N TYPICAL COLLECTOR ROAD ATON FARM ROAD CROSS-SECTION FOR WHEELER ROAD (10 . ,SE■ PROJECT NO 3125.00 COWHEY YORKVILLE SOUTH ROADWAY IMPROVEMENTS ■O GUDMUNDSON YORKVILLE, IL. EXHIBIT F3 PATE 11/27/06 0 I® ■ LEDER, LTD. SCALE NONE CQ COPYRIGHT 2005 m x L _3 W e Section 602.4 Occupiable work spaces. Insert: October 1, April 30 (Ord. 2003-09, 1-14-2003) Page 11 of 11 Revised 6115106 Exhibit R Exhibit F4 INITIAL PRELIMINARY CONCEPT BUDGET REVIEW FOR POSSIBLE ROADWAY IMPROVEMENTS ASSOCIATED WITH YORKVILLE SOUTH 'ORKVILLE,ILLINOIS Possible Approx. Unit Gross Cost Recapture City. Price Extension with 30% Gross Cost MRV A. Immanuel Road Improvements 1. 100%Existing Bridge Widening/Modifications 1 EA $ 300,000.00 100.00% W/30% $ 390,000 Total Potential Credit Toward Roadway Impact Fees $ 390,000 S. Wheeler Road Extension I. Cost to Upgrade Wheeler Road from Minor Collector w/ 70'ROW to Major Collector w/80'ROW from Aquatic Center to East Property 2,110 LF. $ 15.00 100.00% W/30% $ 41,145 2. Wheeler Road Extension Thru Site From Neigh 4 and Acquatic Center to West Property Line 3,300 L.F. $ 270.00 100.00% W/30% $ 1.158.300 Total Potential Credit Toward Roadway Impact Fees $ 1,199,445 C. Minor Collector Roadways-Onsite 1, Minor Collector Road through Site adjacent to the Aquatic Center and Neigh.4 700 L.F. $ 255.00 100.00% W/30% $ 232,050.00 2. Minor Collector Road through Site adjacent to Neighboorhood 7,8,9,and 10(north/south street) 3,000 LF. $ 255.00 100.00% W/30% $ 994,500.00 3. Minor Collector Road through Site adjacent to Park and Neighboorhood 9 and 10(sast/west street) 1,500 L.F. $ 255.00 100.00% W/30% $ 497,250.00 Total Potential Credit Toward Roadway Impact Fees $ 1,723,800.8 TOTAL ABOVE POSSIBLE CREDIT TOWARDS ROADWAY IMPACT FEES $ 3,313,24&00 x i EXHIBIT G CURRENT CITY BUILDING CODES 8-2-1: INTERNATIONAL BUILDING CODE: A. Code Adopted: Certain documents,three(3) copies of which are on file in the office of the city clerk of the united city of Yorkville,being marked and designated as the international building code, including appendix chapters C, E, H, I and J,2000 edition, as published by the International Code Council, Inc.,be and is hereby adopted as the building code of the united city of Yorkville, in the state of Illinois, for the control of building and structures as herein provided; and each and all of the regulations,provisions,penalties, conditions and terms of said building code are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes,prescribed in subsection B of this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United city of Yorkville, Kendall County, Illinois Section 108.2 Schedule Of Permit Fees. Delete: "...established by the applicable governing authority." Insert: "...stated in the building permit fees ordinance." (Ord. 2003-01, 1-14-2003) Section 403.1 Exception 3. Delete in its entirety: "Buildings with an occupancy in group A-5, in accordance with section 303.1." Add: "Section 403.13 Standpipes. Class I standpipes are required in stairways, and shall be in accordance with section 905.4." Insert: Section 503.1.5 Four-,Five-,And Six-Story Buildings.Regardless of use, all four-story, five-story, or six-story buildings shall be of noncombustible construction only(type I) and shall be in accordance with section 403 and the international fire code . 503.1.5.1 Maximum Height. The maximum height for any four-story, five-story, or six-story building shall be eighty feet (80'),regardless of any other provisions of this code. (Ord. 2005-11, 2-8-2005) Section 903.2.8.Delete: "An automatic sprinkler system shall be provided throughout all buildings with a group R-2 fire area where more than two stories in height, including basements, or where have more than 16 dwelling units." Insert: "An Page 1 of 11 Revised 6115106 automatic sprinkler system shall be provided throughout all buildings with a group R- 2 fire area having two or more dwelling units." Section 903.2.12. Delete: Exception: "Group R-3 as applicable in section 101.2 and group U." Insert: Exception: "Group R-3 as applicable in section 101.2 unless two dwelling units-then as applicable in section 903.2.8 as amended, and group U." (Ord. 2003-01, 1-14-2003) Section 903.3.1.1. NFPA 13 Sprinkler Systems. Insert after "...building and before .... or portion...": "including all four-story, five-story, and six-story buildings", so as to read: "...require that a building, including all four-story, five-story, and six-story buildings, or portion thereof...". Section 903.3.1.2 NFPA 13R Sprinkler Systems. Delete: "Where allowed in buildings of group R,up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Insert: "Where allowed in buildings of group R,up to and including three stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Section 907.2 Where Required. Delete period after....section 907.2.23. Insert ", and in all four-story, five-story, and six-story buildings." (Ord. 2005-11, 2-8-2005) Section 1612.3 Establishment Of Flood Hazard Areas. Insert: united city of Yorkville,Kendall County, Illinois Section 1612.3 Establishment Of Flood Hazard Areas. Insert: September 21, 2000 Section 2702.1 Installation. Insert: NFPA 70-2002. Section 3409.2 Applicability. Insert: January 14, 2003. Chapter 35,Referenced Standards,NFPA.Insert: NFPA 70-2002 national electrical code 2702.1 (Ord. 2003-01, 1-14-2003) 8-2-2: ICC ELECTRICAL CODE-ADMINISTRATIVE PROVISIONS AND 2002 NATIONAL ELECTRICAL CODE: A. Codes Adopted: That certain documents,three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated Page 2 of 11 Revised 6115106 as the ICC electrical code-administrative provisions, as published by the International Code Council, Inc., and the 2002 national electrical code (NFPA 70), as published by the National Fire Protection Association,be and are hereby adopted as the codes of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration, repair,location,relocation,replacement, addition to,use or maintenance of electrical systems in the united city of Yorkville and providing for the issuance of permits and collection of fees; and each and all of the regulations,provisions, conditions and terms of such ICC electrical code- administrative provisions,2000 edition, and the 2002 national electrical code(NFPA 70), on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To ICC Electrical Code: The following sections of the ICC electrical code-administrative provisions are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 404.2 Schedule of permit fees. Change last sentence to read: The fees for electrical work shall be stated in the Building Permit Fee Ordinance. Chapter 13,Referenced Standards,NFPA. Change: 70-99 National Electrical Code 201.3, 1201.1.1 to 70-2002 National Electrical Code 201.3, 1201.1.1 C. Amendments To National Electrical Code: The following sections of the 2002 national electrical code are hereby revised: Section 80.15 Electrical Board.Deleted in its entirety. Section 80.23(B)(3) Penalties.Delete: "Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be guilty of a misdemeanor and,upon conviction thereof, shall be punished by a fine of not less than dollars ($) or more than dollars ($) for each offense, together with the costs of prosecution, imprisonment, or both, for not less than 0 days or more than (_) days." Insert: Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be punished by a fine of not less than seventy-five dollars ($75.00)nor more than five hundred dollars ($500.00), together with the costs of prosecution. Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. Page 3 of 11 Revised 6115106 Section 80.27 Inspector's Qualifications. Deleted in its entirety. Section 80.29 Liability for Damages. Insert: United City of Yorkville, or its agents, Section 80.35 Effective Date.Deleted in its entirety. (Ord. 2003-02, 1-14-2003) 8-2-3: INTERNATIONAL MECHANICAL CODE: A. Code Adopted: That certain documents,three(3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated as the internationatmechanical code, including appendix chapter A, 2000 edition, as published by the International Code Council, Inc.,be and is hereby adopted as the code of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration,repair, location, relocation,replacement, addition to,use or maintenance of mechanical systems in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,provisions, conditions and terms of such international mechanical code, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United City of Yorkville,Kendall County, Illinois Section 106.5.2 Fee schedule. Delete: following schedule; Insert: The schedule is in accordance with the Building Permit Fees Ordinance. Section 106.5.3.2 Fee refunds. Insert: 90 Section 106.5.3.3 Fee refunds. Delete in its entirety. Section 108.4 Violation penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE],punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy-five dollars ($75.00), five hundred dollars ($500.00). (Ord. 2003-03, 1-14-2003) 8-2-4: INTERNATIONAL PLUMBING CODE AND ILLINOIS STATE PLUMBING CODE: Page 4 of 11 Revised 6115106 A. Codes Adopted: That certain documents,three(3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated as the international plumbing code, including appendix chapters B, D, E, and F, 2000 edition, as published by the International Code Council, Inc., and the Illinois state plumbing code, latest edition,published by the Illinois department of public health, be and are hereby adopted as the codes of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration,repair, location, relocation,replacement, addition to,use or maintenance of plumbing systems in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,provisions, conditions and terms of such international plumbing code, 2000 edition, and Illinois state plumbing code, latest edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 106.6.2 Fee schedule.Delete: following schedule; Insert: The schedule is in accordance with the Building Permit Fees Ordinance. Section 106.6.3.2 Fee refunds. Insert: 90 Section 106.6.3.3 Fee refunds.Delete in its entirety. Section 108.4 Delete: "...shall be guilty of a [SPECIFIC OFFENSE],punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy-five dollars ($75.00), five hundred dollars ($500.00). Section 305.6.1 Sewer depth. Insert: 42,42 Section 904.1 Roof extension. Insert: terminated in accordance with the Illinois State Plumbing Code. (Ord. 2003-04, 1-14-2003) 8-2-5: INTERNATIONAL ENERGY CONSERVATION CODE: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated as the international energy conservation code, as published by the International Code Page 5of11 Revised 6115106 Council, Inc., be and is hereby adopted as the code of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration,repair, location,relocation,replacement, addition to, use or maintenance of the building envelope,mechanical, lighting and power systems in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor, and each and all of the regulations,provisions, conditions and terms of such international energy conservation code, 2000 edition,published by the International Code Council, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following section is hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois (Ord. 2003-05, 1-14-2003) 8-2-6: INTERNATIONAL FIRE CODE: A. Code Adopted: Certain documents,three(3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated as the international fire code, including appendix chapters C, D, E, F, and G, 2000 edition, as published by the International Code Council, Inc.,be and is hereby adopted as the code of the united city of Yorkville for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances,materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the united city of Yorkville and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations,provisions, conditions and terms of such international fire code, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United city of Yorkville, Kendall County, Illinois Section 109.3 Violation Penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE],punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy-five dollars ($75.00)nor more than five hundred dollars ($500.00). Section 111.4 Failure To Comply. Insert: seventy-five dollars ($75.00), five hundred dollars ($500.00). (Ord. 2003-06, 1-14-2003) Page 6of11 Revised 6115106 Section 903.2 Where Required. Delete: "Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section." Insert: "Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section and in all four- story, five-story, and six-story buildings." Section 903.3.1.2 NFPA 13R Sprinkler Systems.Delete: "Where allowed in buildings of group R,up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Insert: "Where allowed in buildings of group R,up to and including three stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Section 905.1 General.Delete period after first sentence, then insert "and in all four- story, five-story, and six-story buildings class I standpipes are required in stairways, and shall be in accordance with section 905.4." Section 907.2 Where Required. Delete period after....section 907.2.23. Insert ", and in all four-story, five-story, and six-story buildings." (Ord. 2005-11, 2-8-2005) C. Amendments To Limits: The limits referred to in certain sections of the 2000 international fire code are hereby established as follows: Section 3204.3.1.1 Location. Delete: "...within the limits established by law in the adopting ordinance as the limits of districts in which such storage is prohibited." Insert: "...within all zoning districts except manufacturing and industrial." Section 3404.2.9.5.1 Locations Where Above-Ground Tanks Are Prohibited. Delete: "...within the limits established by law in the adopting ordinances as the limits of districts in which such storage is prohibited." Insert: "...within all zoning districts except manufacturing and industrial." Section 3406.2.4.4 Locations Where Above-Ground Tanks Are Prohibited. Delete: "...within the limits established by law in the adopting ordinances as the limits of districts in which such storage is prohibited." Insert: "...within all zoning districts except manufacturing and industrial." Section 3804.2 Maximum Capacity Within Established Limits. Delete: "Within the limits established by law in the adopting ordinance restricting the storage of liquefied petroleum gas..." Insert: "Within all zoning districts except manufacturing and industrial, the storage of liquefied petroleum gas is restricted..." (Ord. 2003-06, 1-14-2003) Page 7of11 Revised 6115106 8-2-7: INTERNATIONAL FUEL GAS CODE: A. Code Adopted: That certain documents,three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international fuel gas code,2000 edition, as published by the International Code Council, Inc.,be and is hereby adopted as the code of the united city of Yorkville for providing the minimum standards to safeguard life or limb,health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of fuel gas systems in the united city of Yorkville, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,provisions, conditions and terms of such international fuel gas code, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections of the international fuel gas code, 2000 edition, are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 106.5.2 Fee schedule. Delete in its entirety. Insert: The fee schedule is in accordance with the Building Permit Fees Ordinance. Section 106.5.3.2 Fee refunds. Insert: 90 Section 106.5.3.3 Fee refunds. Delete first paragraph in its entirety. Section 108.4 Violation penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall-be punished by a fine of not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy-five dollars ($75.00), five hundred dollars ($500.00). (Ord. 2003-07, 1-14-2003) 8-2-8: INTERNATIONAL RESIDENTIAL CODE FOR ONE-AND TWO- FAMILY DWELLINGS: A. Code Adopted: That certain documents,three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated as the international residential code for one- and two-family dwellings, including appendix chapters A, B, C, D, E, F, G, H, J, and K, 2000 edition, as published by the International Code Council, Inc.,be and is hereby adopted as the code of united city Page 8 of 11 Revised 6115106 of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration,repair, location,relocation,replacement, addition to,use or maintenance of one- and two-family dwellings and townhouses not more than three (3) stories in height in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,provisions, conditions and terms of such international residential code for one- and two-family dwellings, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. (Ord. 2003-08, 1-14-2003; B. Amendments To Adopted Code: The following sections are hereby revised: Section R101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Table R301.2(1) Climatic and Geographic Design Criteria. Insert: 25, 90, B, Severe,48 inches, Moderate to Heavy, Slight to Moderate, -4, September 21, 2000 Section R314.2 Treads and risers. Delete: The maximum riser height shall be 7 3/4 inches (196 mm) and the minimum tread depth shall be 10 inches (254 mm). Insert: The riser height and tread depth shall be one of the following: a. 7 3/4 inch riser(196 mm)height-10 inch (254 mm)tread depth b. 8 1/4 inch riser(210 mm)height-9 inch (229 mm) tread depth c. 7 inch riser(178 mm)-11 inch(279 mm) tread depth The standard to be used for each building must be stated on the construction documents. Exception: Buildings to be constructed in subdivisions and phases platted after the adoption of this code,must conform to R314.2(a) or R314.2(c). Insert: Section R318 Automatic Fire Sprinkler Systems Insert: Section R318.1 General.Automatic Fire Sprinkler Systems shall be installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R. Insert: Section R318.2 Where required: Approved automatic sprinkler systems in new buildings and structures shall be provided in any two-family dwelling and in multiple single-family dwellings (townhouses) as defined in the IBC Section 101.2. Page 9 of 11 Revised 6115106 Table N1102.1 Simplified Prescriptive Building Envelope Thermal Component Criteria Minimum Required Thermal Performance (U-Factor and R -Value) Change to read: HDD MAXIMUM MINIMUM GLAZING U- INSULATION FACTOR R-VALUE [(hr . [Btu/(hr.ft2.°F)] ft2 . °F)/Btu] Ceilings Walls Floors Basement Slab Crawl walls perimeter space R-value walls and depth 6,000- .35 R-38 R-13 R-11 R-0 R- R- 6,499 5, 11 2 ft. Part IX-Referenced Standards,N°FPA,Delete: "70-99" Insert: "70-2002" (Ord. 2003-08, 1-14-2003; amd. Ord. 2003-32, 6-24-2003) 5-2-9: INTERNATIONAL PROPERTY MAINTENANCE CODE: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville,being marked and designated as the international property maintenance code, 2000 edition, as published by the International Code Council, Inc.,be and is hereby adopted as the property maintenance code of the united city of Yorkville, in the state of Illinois; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions,penalties, conditions and terms of said international property maintenance code, 2000 edition, are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions, and changes, if any,prescribed in subsection B of this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 103.6 Fees. Delete in its entirety, Insert: The fee schedule is in accordance with the Building Permit Fees Ordinance. Section 303.14 Insect screens. Insert: March 31, October 31 Section 602.3 Heat supply. Insert: October 1, April 30 Page 10 of 11 Revised 6115106 Exhibit H United City of Yorkville Fee Schedule Fee Type Fee Timing of Payment Fire District Development Impact Fee $1000/SF&TH unit, $500 1 MF unit Building Permit (Note: This fee is not"locked"by this agreement.) Commercial fee varies between$.10& $.15 per s uare foot Library Dev. Impact Fee $500/unit Building Permit Engineering Dev. Impact Fee $100/unit Building Permit Municipal Building Dev. Impact Fee $5,509/unit if paid at bldg permit Building Permit $3,288/unit if pre-paid at first final plat or Pre-Paid at Final Plat Parks&Recreation Dev. Impact Fee $50/unit Building Permit Police Dev. Impact Fee $300/unit Building Permit Public Works Dev. Impact Fee $700/unit Building Permit Review Fees Actual City Costs Incurred Developer to reimburse as costs are incurred Coordination Fee .35%of approved engineer's cost Final Plat estimate for land improvements Administration Fee 1.75%of approved engineer's cost Final Plat estimate for land improvements School District Transition Fee $3,000/unit Paid to School District prior to application for Building Permit Building Permit Fees Calculated based upon$650 per house plus Building Permit $.20 per square foot area of house as defined by City Public Walks/Driveway Inspection Fee $35/unit Building Permit Weather Warning Siren Fee $75/acre Final Plat Water Connection Fee $3,700/SF Per details of Sections 5A $3,171/TH&MF &B of Agreement Water Meter Costs Vary based on current City Fees Building Permit (Note: This fee is not"locked"by this agreement.) City Sanitary Sewer Connection Fee $2000/unit SF/MF Per details of Sections 5A + $400/common area drain in MF &B of Agreement buildings Water and Sewer Inspection Fee $25/unit Building Permit Road Contribution Fund Full waiver as provided in Sec. 8 of None agreement County Road Fund $1,549/unit(minus credits provided in Building Permit Sec. 8 of agreement) Yorkville Bristol Sanitary District $3,523/acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not"locked"by this agreement.) Yorkville Bristol Sanitary District $1,400/unit Building Permit,Paid by Connection Fee separate check to YBSD (Note: This fee is not"locked"by this agreement.) Yorkville Bristol Infrastructure $3,523/acre At time of IEPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not"locked"by this agreement.) YBSD Yorkville Bristol Permit Review Fee $.50 per LF of 8"diameter or larger sanitary Due at permitting. (Note: This fee is not"locked"by this agreement.) sewer or$800 minimum(whichever is more) School/Park Land Donation Donation made per Annexation None A eement Revised 1/04/07 Pagel of4 * p c 1, ,. L nite Ci of Yorkville County seat of Kendall County ,,. BOO Game Farm Road Yorkville, Illinois, 60�60 < `feiephone: '630-553-435{} Fax: 630 .. }a Website: www.yorkvllle.il.us R-CIALYERMU FEES Peanoit(plha Review Building Permit S750.00 plus$0.20 per square foot Plan Review Based,on building size(See Attached) C antrumdon Development Fee 30017.00*- See Attached Ordinance 2004--55 (increase in Bristol- loll Piro Protccfion District FCC) �f�tter��sr�r Sewer Tap See Attached fiance#96-11 Water Tap Hatnr Meter im t`rtnnecti 1,f 3,70 11/2" $4•s000 5,000 31' $ t1000 �fg},,+ V and larger - TBD Water Meter Water M-eter`l�i ire 1" S 485.00 < I'All 790.00 2" =00.OD 3" x+3550 Oa " $5420;00 d" $8875.0€3 L�n laeeri g I pr tittna $60XO River!Cross'Mg Fee $25.003 per drain unit. flee attached Ordinance -11 **Engineering and escaping review fees will be billed separately. *`w'* Please call the Yorkville Bristol Sanitary District for sanitary permit fees(630)553-7657 Revised 1/04/07 Page 2 of 4 T T M,T;I LPLF-FAJY=I `7 RESIE)LIN'T. 'LTSE QRMPS A, New Construction Per'Unit $350.00 plus$0.15 per sl B-.Remodeling PeJ Unit $175.00 plus$0.10 per st C, Detached Garage Per Unit without Electrical $50.00 D. Detached Garage Per Unit with Electrical 5100.00 E. Temporary to Start Constructipn 25% of full permit fee, not to be applied to the full permit fee Y. Temporary Certificate of Occupancy when Requested by $50 per unit.(non-refundable) the Builder when Circumstances Do Not Wamint ALL OTHER RISE GROUPS A, New Construction $750.00 plus$0.20-per square foot B. Additions $500.00 plus$0.20 per square.foot C. Remodeling $350-00 plus$O.10 per square foot A Temp6rary tb Ste Constructicm .25% of full pennit fee, not to be applied to the full permit fee R Temporary Certificatt of O=upaucy when Requested by $200.00(non-refundable) the,Builder whan Circumstances Do Not Warrant NOM: Building permit fee does not italude the plan review fee.for the "muhipie-family residential use group" and "other use group" categories. The plan review fee will be used on the schedule following the permit fees. Plan review fees to the inspection firm will be paid at the same time as the building permit fee. Revised 1/04/07 Page 3 of 4 T -PLA. ltiEP7x A'DES(1'` *v vary: due to outside cDnsultaret'sfee schedules, BUILDING CODE i B of ding Size .Fee 1 to 60,000 cubic feet 5355.00 60,001 to $0,00 ►cubic feet 5400.00 $0,001 to 100,000 cubic feet 5.475.00 100,001 to 150,000 curie feet $550.00' 150,001 to 200,000 cubic feet $650.00 over 200,000 cubic feat $650.00+ $6.50 per 10,000 cubic fee-t over 200,000 REMOD1 LMG PLAR7 REVIEW 112 of Flan Review Fee Listed Above ELP,CTRICAL,MMCRAMCAL, OR PLUAS1NC PLAN REVMW ONLY 1/4 01-21M 'review Fee Listed Above $115.00 per.10,000 square feet of Iloor area YR SPRIN=R SYSTEMS Number af.Sprinklers FipeSekedule Hydraulic Caleulaied Up to 200 5250,00 5'500.00 101-300 $300000 5575.00 301-500 $400.00 $775,00 Over 500 $450,00 $950.00 .PLUS,for rack Sprinkler over 500: $0.60/each- $0.95%each ALTERN�TE IPME SUPPRESSION SySTBM$ Standpipe $175.00 par Standpipe Riser (No charge with Sprinkler Review) Specialized Ex=gu€sher Agent or Othe,Chemical Agent) $125M per 50 pounds agent Rood&Duct Cookie —Extinguisher Agent 5150.00 flat rate pe-r system. NO 2'Z; If and,/ pian has to be sent to an outside consultant other than the inspection ftrxrz; the outside consultant's Teets will be charged and that fee paid directly to tb° outside ccmSi4tgnt. Revised 1/04/07 Page 4 of 4 Exhibit 11 YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT #11 S "Positive Attitudes Create Success" Administrative Service Center 602 Center Parkway,Suites A&B Dr.Thomas D.Engler P.O.Box 579 Ph.630-553-4382 Superintendent Yorkville,Illinois 60560 Fax.630-553-4398 tengler @yorkville.kl2.il.us January 10, 2007 John Crois, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mr. Crois, This letter is confirming that, on behalf of the Yorkville Community School District 115, I have reviewed the MPI#6 South Yorkville LLC., Annexation &PUD agreement, as well as the applicable Exhibits C & I-1 relating to land dedication, cash-in-lieu payments, impact fees, and the reservation of additional land for future school site expansion. The school district approves of the terms of the MPI#6 South Yorkville LLC., Annexation & PUD Agreement, concept plan, land dedication, impact fees, and the terms of the reservation of land for future school site expansion for the benefit of the School District. The 41 dedicated acres due for the school site and the additional 25.8 acres of land held in reserve with option at$57,000.00 per acre, for a period of six years, should give the District the needed land acquisition to construct another high school. I personally want to thank MPI for their consideration of District 115's future needs and their efforts on behalf of our school system. Sincerely, Dr. Thomas D. Engler Superintendent of Schools "It is the mission of the Yorkville Community Unit School District#115 to prepare each student to be a productive citizen in the world that he/she will shape by providing an education that challenges each individual, utilizing the resources of an interactive,responsible community." ""0 YR Vc�ow-ntau,En Ar-I� AA V A t3.6,A0. ^A SINqL9 Ar J ATT�CCH�— F 1 { L_C\ __- v--� / -- 1 ', � I I I_� JI/ ►l 1 l�\iii// � �,I)i, M!!15'u ,/--�� / \\ 1 )p I I 7\ \� TTTT (illy \�'4)1//� \\� // \ 1n1 ( / NEIGIIWRf100D _ /'mm \\_ SING FAMILY �r 1"0-0 0o S.F. Min. \ I I 1_ Nom— /A41:oo- +�, � =0 \ 1\'7p' bin. Width` / J - / ) Ey �';ll \�4\ \\l\\-120-Fars r , T -- - ,0 11�IGHH01i�H�0 1 //— � � •(�m1>I � \ I \ \\ .OS'�tc. I I ( ��i Z �\ -- � I . "FAMILY - \ FJR6\ -12 o01�F.�t1n�1 ,1 I o �\\ \ i i /_ / \ 1 �� x//11\ \STATION �sbrlinn -J( \_— �rr�5 \\ 1 l • ' 78 001 ( 0-74 A., , PROPOSED 1• �`-/� \/ \ -/_ N N I' C / \. � J.{/. p��\ /III �.•• _ f /—.\ \ r^' l(MRS OF"Ea /1/ �\\I\(Af/J Lii� �'�1 �'� ��)"•C- 1` /, I f. '1 %7jo*� Q 7 i� 1 0DETENTIO�.\ ;'/ j �5 Min.Nidth// / J.�` ( Kt"4.o Ac.) 1 r• ((A _/,/�/ _l BA'fS I l ! 2s' Lendeol f F; �� Z_ LM.A Ci Rfi91"dNED :( ` t22-7 1Ca.\ y —� / }6.6b,A\�� ' ) \� \ � 1 / �""rs or R[°u/./`>E° �� F�t]lfE7 OCaMRF 7 l �� P$NT Al 1 I ( / _ mor" I / OP> A \� I oo Yeer 11ooAp,eln \)�/\ / 1 `J 113.00 Ac. ON,) aGG \ - •••••I�•.,ae.a6 Ac. 1 ��\ ,L `L� ,m-- 1 - // ••-....•• ' I I \ 1 ( AO.) I Floodplein \\\•,• \ \\ \� TOTAL ` Su 71 o of Creek \ •`•• 'OPEN 03 Ae. or -,, \°'�•' -— zo zo -_---------- •.—... Ok • . w o •• s...............s.e: ' ..., —\ lam., •••`' - A , I '-\\\ J / "'�r""I'/\l- %'•.. Trott .92 I C+ of REGUUiEO k'�+ ' YR lO V So' l IMMAIIUEI; �dffCC / I_/ 76' _ �Il n`_ I n000w"r r •t ' C� I1.ote 411•. K \\- . • I I ` *!� _� -- \ `\�✓ PEN-SPACE 2.tA Ae. � � if A —/\ \✓ \\gin�, y� _ 1 TOTAL` OPEN SPACE _)\ YFv1�9IG\ m)�AHMi3z j L'Ic i �• Trail TOTAL SPACE 1tauaa ' 3.07 • s 4 J Prm-ed 60'R0.1I. WALKER II t» ROAD Job/3103 rteMelone TQ p I School Site Alternate ��N�q�pp�, . MC Ou"Ridg Frontage Road Slne,00 Tuttle, Burkhart and Bierma Properties PLANNING•LANDSCAPE ARCHITECTURE cede t"=200 6630 Ridge,R 60.527 p 5517 N. Cumberland,Suite 906-Chicago,IL 60656 (830)455-5400 Yorkville, Illinois Ph:711763.3320 For 7a763.3325 Em*JmimdPLoglolodnel m x a EXHIBIT J 1 MPI SOUTH ANNEXATION AGREEMENT MPI South Park Amenities Description $200,000.00 per park location. Park A • Themed playground for 5-12 year olds. • Shelter • Paved Sitting area. • Park Bench • Ornamental Light. • Landscaping • In Park Trails Park B • Themed playground for 5-12 year olds. • Shelter. • Sledding Hill • Multiple use field. • Park Bench • Ornamental Light • Landscaping • In Park Trails* Park C • Themed playground for 2-12 year olds. • Shelter • Park Bench • Ornamental Light • Sand Feature • Landscaping • In Park Trails* *In Park Trails are not to be confused with local or regional bike trails that connect to parks, but rather trails that link the different features of a park with an accessible surface. Exhibit 12 Park Board Letter of Understanding To Be Provided .M I CROSS e,D,q�9 jy. / `I SCHOOL. ► r',r'. A/I � �. ' aR // / t 1 tyy4. II i • ..-- NA?ER /. 3T0PLR v�l x 1.5 Ac. .Ili rv- 4 1 �- 6@L NEIGHBORHOOD 9 = 99 ` NEfGHBORN00D 2 lo.00a s.r.wv. 80101E Y.Iffe 90'Yln.maw B.,.B.N.Yin. A la0 LOIa ^fs NEIGHBORHOOD I ao'no.mew I tao.oe Aa. w alNOfE lAY6P t8 Ia0'9 i ��17eN e0'Yfe.mdw :. .. 4�T, '♦y+ J'35 390.9a Ac I i I \ j NARK ). _-___SL�__J / �• ..., ee,e usr S10.e0 A0, e,k a.a� __� ..•. PROPOSED !s''�$ e' ........... NEIL RHOOD 1 , •-r—c _,7_ ItlD.maw 1tQ Anc I \m 1 vllelo � Pall AC9 39ao M. I �orePn aPcs Bo f Ctaek .... N�y.YO I11 I I r i • , 0I 10- -- NEIGHBORHOOD 5 •J 90191E FAMILY ro a1 A '1l tbdc 10.000 a r.1m. `• \Y/ ,. 76'M..lndw A^ CFMFMRY � I 491811 M. 1 11. =LTie N a. DirnitraoN • e i J' of NEIGHBORHOOD B r.au o,w reuv.P I=.ob, • . µl 175'I ..r.Width ` { 96'Yin,maw N by =91.60 M. eevr'm'. / YOYAL �'hli �♦��e� Der. oP:L Aee ••w•,e ' -,it •ems — `� ltl --, �1:eo.gal' .ty. - WALKER. ROAD------ r......... -— - -�' - — - k r r commempF• ,roP� couucRCw. M' ewp OPrre 9PACD 31e.90 Ao. {:... if ; DLPLMaON I NEIGHBORHOOD 7 torxNaYes �� -�-- 228 D.V. NEIGHBORHOOD B .. - YULn-lAmY ArEIGHBOR1100D 10 lilh,Width r, ea tot. .._ -•-- ,apt . N DO D 9 ♦. 29a D. I U. j 0 ft w_ ����-��' '�� ',y ._/�� �. _1._..__ mil I ';'I'}••�� � «~��� ��a '��. a i i zs'u-I—P. N8fCMMO00I L V\qW�—iyt , l J1i1 r— • 10,000 - .. 9a 311.91 3hborhood Signage Primary Location e Secondary Location s r .r Job w 3103 Revlelone M P I Date 12-16-06 Proposed Signage Exhibit MENLAND DESIGN, INQ 6660 North Frontage Rood Suite too some 1•-300' Burr Rid e,IL 60527 Tuttle, Burkhart and Bierma Properties PLANNING•LANDSCAPE ARCHITECTURE 9 5517 N.Cumberland,Suite 906-Chicago,IL 60656 (630)455-5400 Yorkville, Mnois Ph:713.70.5340 Fa 774765.3515 Fina:pn.imeesbyobd Yt M x EXHIBIT L RECAPTURE AGREEMENT RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT("Agreement"), is made and entered as of the day of , 2006,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and MPI-6 YORKVILLE SOUTH LLC, an Illinois Limited Liability Company, ("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 Yorkville South Subdivision ("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. BENEFITTED 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. 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 percent (_%)per annum from the date the Recapture Item is completed by Developer 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, 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 Benefited Parcel. Neither the City nor 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 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. 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, 1160540 Fax: (630) 553-8330 with a copy to: John Wyeth c/o United City of Yorkville 800 Game Farm Road Yorkville, E 60540 Fax: (630) 553-8330 (I) If to OWNER and DEVELOPER: Isenstein Pasquinelli, LLC 6880 N. Frontage Rd, St. 100 Burr Ridge, IL 60527 Attn: Tony Pasquinelli and to: Moser Enterprises, Inc. 5th Avenue Station 300 East 5th Avenue, Ste 430 Naperville, IL 60563 Attn: John Zediker with copy to: John F. Philipchuck, Esq. DBCW, Ltd. 123 Water Street Naperville, IL 60566-0565 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. 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. CITY: UNITED CITY OF YORKVILLE By: Title: Mayor Dated: Attest: Title: City Clerk OWNER/DEVELOPER: MPI-6 YORKVILLE SOUTH An Illinois Limited Liability Company By: MPI Manager, Inc. Its: Manager John Zediker, Its President Dated: Exhibit M 7 1 Yorkville South Yorkville South Design Guidelines Revised 06115106 _ iIII II,,, .MPI JOINT VENTURE Aft s Y his `at, t r �Ti��`✓#ly:4 Single Family Detached OBJECTIVES );,Create an attractive, harmonious development with continuing appeal. );,Create a series of livable residential neighborhoods that work together as a whole. ➢Create a distinctive residential community that offers a variety of housing opportunities for all life stages. ➢Create a community comprised of high minimum building standards while acknowledging general issues of affordability. Standards for 12,000 sg.ft. Lots Photos included on this page are intended to represent conceptual "typical"' architecture for 12,000 square foot lots in Yorkville South. The following standards will apply to these lots: Minimum Lot Size 12,000 square feet e ® Minimum Lot Width at Building Setback Line Minimum Width — 80' Typical Lot Dimensions 85' wide x 141' deep 80' wide x 150' deep ` Building Setbacks Minimum Front Yard............................................ 30' Minimum Corner Side Yard....................................30' Interior Side Yard................................................ 10' Minimum Rear Yard............................................. 30' ,.._ .. 1-11-41 _ r r _ � k f e� �i."• j+ ::Mon EN • V" 2 Standards for 11,000 sq.ft. Lots Photos included on this page are intended to represent conceptual "typical"' architecture for 11,000 square foot lots in Yorkville South. The following standards will apply to these lots: Minimum Lot Size 11,000 square feet Minimum Lot Width at Building Setback Line Minimum Width — 75' Typical Lot Dimensions 80' wide x 138' deep 75' wide x 147' deep Building Setbacks Minimum Front Yard............................................30' Minimum Corner Side Yard....................................30' Interior Side Yard................................................10' Minimum Rear Yard.............................................30' �S ovv IIIUI III _ L f e ' y Ff rr c Y =s _- W 3 Standards for 10,000 sq.ft. Lots Photos included on this page are intended to represent conceptual "typical"' architecture for 10,000 square foot lots in Yorkville South. The following standards will apply to these lots: Minimum Lot Size 10,000 square feet Minimum Lot Width at Building Setback Line Minimum Width — 70' Typical Lot Dimensions 75' wide x 134' deep 70' wide x 143' deep Building Setbacks Minimum Front Yard............................................30' Minimum Corner Side Yard....................................30' Interior Side Yard................................................ 8' Minimum Rear Yard.............................................30' �.� �' eee fee n m MM ao pill 4 General Single Family Detached Design Guidelines Building Materials Materials must meet one of the following criteria: a) Not less than 50% of front elevation shall be masonry, including brick and stone but excluding concrete block, split face block, stucco, or similar material. This measurement excludes front window and door opening dimensions, b) 100% of front elevation may be stucco or similar material such as "Dryvit." c) 100% of front elevation may be cedar siding (or cementious wood fiber siding) if all four elevations (front, both sides, and rear) are entirely cedar siding (or cementious wood fiber siding). 1. All brick, all cedar, and combinations of brick and cedar are acceptable. 2. All EIFS (Dryvit), with no combination of other materials. Soffit and fascia of other approved materials are acceptable. 3. Vinyl siding providing at least 25% of the front elevation is Masonry, including returns but excluding bays, dormers and alcoves. Cantilevers and recessed walls above the first floor need not be masonry, as determined at the discretion of the Architectural Review Committee. 4. Fireplace chimneys may be all masonry or all vinyl. EIFS (Dryvit) dwellings may have EIFS (Dryvit) fireplace chimneys. 5. All other materials not noted as approved in this section must be presented to the Architectural Review Committee for approval. 6. Siding colors are restricted to whites, grays, beiges, and earth tones only. Monotony Controls All homes must comply with the City's anti-monotony requirements of the City's Appearance Code. The monotony controls exist to prevent duplicate Dwellings from being built in close proximity to each other. They are not designed to preclude all similarities between Dwellings. Staggering building setbacks from road right of ways should be utilized to provide variety and eliminate a regimented and monotonous streetscape. Staggering portions of the facades of individual units is also encouraged to achieve a similar effect. Front Elevations and Color Schemes To encourage diversity and add visual interest to the streetscape, Dwellings shall be required to have sufficient differences in both front elevation and color schemes to make them significantly different from each other. The code applies to the following situations: 1. Two Dwellings on each side of a proposed Dwelling that all face the same street. 2. The Dwelling directly across the street from a proposed Dwelling. 3. One Dwelling on each side of the Dwelling directly across the street from the proposed Dwelling. 4. On small, tight cul-de-sac circles, any Dwelling that faces or is diagonally across the cul-de-sac from a proposed Dwelling. Approved color variations shall be within a family or range of aesthetically complementary and compatible colors. Building trim colors should also compliment the main field color. 5 Massing Details Repetition of building mass and scale within a neighborhood is generally desirable. Variety should be introduced within architectural details and design elements to distinguish individual dwellings, such as side or rear load garages and front entry porches. Efforts will be made to ensure that the is a relationship between the massing of a building and the roof that is chosen for the structure. Additionally, the placement of windows should not only be consistent with the massing of the house, but also consistent with the architectural vernacular that is chosen. Windows should be placed on all four elevations whenever possible. TA; : t; t i wt 1� s Roof Specifications Roofing materials must meet the United City of Yorkville Building Code. Most traditional roofing materials are permitted including 3 tab asphalt and fiberglass, as well as cedar shake and slate shingles. Asphalt shingles must meet a minimum of 20 year standard. Roof colors may be identical to all adjacent dwellings. All roof colors must be in darker shades of browns, grays and blacks. Bright or light colors are not allowed. Red and green shingle roofs are specifically prohibited. Roof pitch must be a minimum of 6/12. The ARC will entertain lower roof pitches, provided th they are, in the sole opinion of ARC, essential to maintain the design of the Dwelling. 6 Skylights are not permitted on front roof elevations. Garages Each Dwelling shall have as a minimum an attached two (2)-car garage connected to the street by an asphalt, concrete, or better driveway. Detached garages are not permitted. Maximum of three (3) car attached garages may use front load garage or side load garage, where applicable. No parking pads are allowed. Driveways Driveways shall be installed within the first six (6) months of occupancy. The driveway surface may be poured concrete, bomanite, brick, modular pavers or asphalt. No gravel, screenings or other loose materials are permitted. Every driveway shall provide positive drainage away from the Dwelling and garage. The driveway must be a continuous finished surface of a single approved material from the back of the curb to the face of the garage, exclusive of the public sidewalk, whose minimum width is 17' for a two car garage with a maximum width for any driveway of 21' at the public sidewalk with a reasonable flare at the curb. All side-load garages require driveways to be a minimum of 21 feet wide from the face of the garage to the side property line on the garage side. The driveway pavement must be a minimum of 1 foot from the side property line. Lighting Decorative wrought iron coach lights, not exceeding 6' in height, are allowed. Any exterior Dwelling lighting, for security or aesthetic purposes, shall be kept close to the Dwelling. Lighting fixtures shall be carefully oriented to avoid directing unwanted light towards adjacent property and the street. No color light sources shall be allowed unless seasonal or temporary in nature. Mailboxes Mailboxes in Yorkville South will be required to be exactly the same style, shape and color. Details and drawings of the proper mailboxes will be provided in the CCRs. Fences Fence height shall be no higher than 5 feet, except in front and corner side yards where they can be no higher than 3 feet. The material shall be cedar or cedar substitutes (as approved by the HOA) and color should remain the natural cedar wood tone. Homes backing to public spaces, parks, or roads may install fences; however, they shall be of the singular design provided by the Homeowners Association. The decorative side of the fence should face out to the public. Garbage Containers Storage of garbage containers while in use shall be in the garage or shall be screened from view, and are only permitted in the front yard on collection day. Site Utilities Site utilities such as air conditioning units, pool equipment, gas meters, etc. should be located to minimize their visibility. No window air conditioning units are allowed. All sump discharge lines must be connected to the storm sewer system via buried pipe. 7 Pools and Hot Tubs In-ground pools are permitted within Yorkville South pursuant to the United City of Yorkville code. The installation of an above-ground swimming pool is prohibited. The foregoing does not apply to outdoor Jacuzzi's and hot tubs included within a deck or patio and which are screened from view from neighboring units. Accessory Buildings All greenhouses, gazebos and other freestanding structures (accessory buildings) are subject to the United City of Yorkville ordinances. Storage Sheds are permitted only under the following conditions: a) only one storage shed is allowed per dwelling, b) roof pitch is equivalent to the dwelling's roof pitch and shingles match, c) colors are the same as the dwelling, d) it has a poured concrete foundation, e) mimics the facade of the existing dwelling on the lot, f) the yard on which a storage shed is constructed is completely fenced according to fence regulations stated herein, and g) it is maintained in good condition. Other freestanding accessory buildings must be consistent with the style and exterior appearance of the existing dwelling and meet the following specifications: 1. Exterior materials: glass, lapped wood siding, or lapped cedar, or hardiplank siding. (Plywood panels, T-111 wood, vinyl or metal-sided shed of any size or style are not allowed. 2. Colors: Siding and roofing materials must match the existing dwelling on the lot as closely as possible. Recreational Items In order to provide a neat, uniform appearance throughout the community, restriction have been established for recreational items. Play equipment other than basketball standards shall be allowed but are restricted to rear yards. The only type of basketball standard approved in this development includes a backboard made of clear acrylic in a rectangular or fan shape. Portable basketball assemblies are permitted within the guidelines described herein. Backboards may not contain team or advertising logos, bright colors or any type of advertising, other than the manufacturer's company identification logo. Backboards above the garage door are prohibited. For permanent installation, only black metal poles are allowed and must be installed a minimum of 15 feet from the lot side of the public sidewalk and along the outside edge of the driveway. Rear yard basketball assembly installations may be approved on a case-by-case basis. 8 Landscape treatment Builders and/or Owners are responsible for installing sod and foundation landscaping on the Lots. The sod shall be installed as soon as reasonably practical to avoid unsightly appearance and any soil erosion. For instance, sod should be installed after completion of the exterior improvements of a Dwelling, weather permitting, even if the interior work is not yet complete. In any event, the sod or foundation landscaping shall be installed no later than: ➢ upon the earlier of (a) eight months after issuance of a building permit for the Dwelling or (b) prior to the closing of the Dwelling with an Owner subject to extensions only as made necessary by the weather, if installed by the Builder; ➢ no later than thirty (30) days after the date of occupancy, subject to extensions only as made necessary by the weather, if installed by the Owner, Sod shall not be installed later than one hundred eighty (180) days after the issuance of any occupancy permit by the United City of Yorkville unless a watering ban is in effect from the City which prohibits the installation of new sod. If construction of a Dwelling has not been commenced and a building permit not been obtained, the builder and/or Owner shall keep the Lot mowed at all times and reasonably free of weeds and other vegetation, except for grass. All front, side, and rear yards shall be sodded, including all parkway areas. The builder and/or Owners are responsible for the initial installation of parkway trees for each Lot at Yorkville South. The builder and/or Owners are responsible for the maintenance and replacement of parkway trees. Minimums of two parkway trees are required for corner Lots and one parkway tree for all interior Lots, which must meet the specifications of the United City of Yorkville Tree Ordinance and the Annexation Agreement. Foundation plantings shall be concentrated at the front of the Dwelling with living plant material equal to a minimum of $1,000.00 (exclusive of labor costs related to preparing the planting bed or installing materials). For key lots (to be determined at the time of final platting but including such lots as corner lots, lots that are adjacent to significant open space areas, etc.), supplementary foundation plantings are required for any side yard without an adjacent Lot, equal to an additional $500.00 of installed living plant material. Placement of landscaping materials must not interfere with established drainage patterns between Lots. n P \ 1ucx A•c xwE yr ■ MME\CE TYPICAL NOME M .4L' `Lsie ses*T� _ � '-EJEWIl�.5Hw15 ,�OnNV!EVTµiC. �PfRKMY'!3� 1. x � x Standards for Attached Single Family Homes and Multi Family Housing Architectural harmony should be established among structures within the overall Yorkville Soul development. Similar architectural styles, details and materials should be consistently applied. Similar accenting items and banding elements should also be used throughout the development. Rooflines, gables, windows and other architectural features should add to the development's continuity. Standards for Courtyard Townhomes (w/ Rear-loaded Parking) and Multi-Family Housing Photos included on this page are intended to represent conceptual "typical"' architecture for courtyard townhomes and multifamily housing in Yorkville South. The following standards will apply: Yard Requirements -Front yard — 20' -Side (corner)— 20' -Perimeter—30' Building-to-Building Setbacks -Side to side— 20' -Side to rear— 35' -Rear to rear— 60' -Front to side — 35' -Front to front— 50' ** -Rear to front — 50' *If structures are arranged in any way other than parallel, a separation of 350'shall be allowed at the closest point between structures provided the average separation between structures is 40'or more. **If structures are arranged in any way other than a parallel arrangement, a separation of 40'shall be allowed at the closest point between the structures as long as the average separation between the structures is 50'or more. There shall be no minimum lot size or lot width requirements Y� ,.� t i � i� F c i a K, R LA ® . 10 Standards for Conventional Front-faced Townhomes Photos included on this page are intended to represent conceptual "typical"' architecture for conventional townhomes in Yorkville South. The following standards will apply: Yard Requirements ■Front yard — 25' ■Side (corner) — 20' -Perimeter— 30' Building-to-Building Setbacks -Side to side — 20' ■Side to rear— 35' -Rear to rear— 60' -Front to side — 35' -Front to front— 50' ** -Rear to front— 50' *Except where structures are arranged in anyway other than parallel where a 50' separation is required at the closest point between structures provided the average separation between structures is 60'or more. **If structures are arranged in any way other than a parallel arrangement, a separation of 40'shall be allowed at the closest point between the structures as long as the average separation between the structures is 50'or more. There shall be no minimum lot size or lot width requirements r Bill AL t ' 3 x 11 Building Materials ➢ All townhomes will have 25% brick/masonry on building exteriors (window and door openings are excluded from the buildings exterior for the purposes of this calculation). ➢The balance of the integral building materials will be vinyl and/or wood siding with masonry, stucco and/or EIFS materials utilized for decorative accents. ➢AII building materials will be durable, require low maintenance, and relate a sense of quality and permanence. ➢Buildings and their design elements throughout Yorkville South will be unified by textures, colors and materials. Materials will be consistently applied in any given neighborhood and will be chosen to work harmoniously with adjacent materials. Massing Details The following types of architectural elements will be incorporated into the building design to add visual interest, scale and character to the development: bay and other decorative window treatments, banding, balconies, porch details, columns, brick work, and entryway features. Rooflines will reflect a residential appearance through pitch and use of materials. Rooflines will be predominately gabled and or hipped. i i• Lighting and Address Identification Another architectural element that helps provide additional interest and character to homes is a creative use of exterior lighting and address placement markers. Light fixtures will be consistent with the architectural style of the neighborhood and individual dwelling unit. All exterior lighting will be "down" or "area" lighting. All light sources will be white (no color lighting, except for seasonal or temporary lighting displays) and no overspill will occur on any abutting residential property. All exterior lighting will be shielded to conceal any glare. Tree- up lighting will be concealed in shrubs. 12 Landscape treatment To create a "streetscape effect" that is consistent throughout each neighborhood in Yorkville South, minimum planting requirements have been established. The following minimum standards for attached single family neighborhoods are in addition to right-of-way trees that are required by the City. As a minimum: ➢Yards will be fully sodded (front, both sides, and back). ➢Silt fences and other erosion control devises must remain in place until the lawn is fully established. )o-Parkway trees will be installed. These trees shall be spaced and planted under an overall plan approved by the Developer and City and shall be of a species approved by the Developer and City. ➢3 deciduous or evergreen shrubs with a minimum height of 18 inches or 1 ornamental tree or upright evergreen tree with a minimum height of 6 feet shall be installed in the front yard of each dwelling unit (as appropriate). ➢An equivalent of/2 tree per unit will be required in the rear or side yard adjacent to each townhome building or multifamily building where buildings have front loaded garages. An equivalent of/2 tree per unit will be required in the open space courtyards adjacent to each townhome building or multifamily building where buildings are constructed in a courtyard fashion. Trees can be either two and one half inch caliper shade trees or upright evergreen trees with a minimum height of 6 feet. ➢Plans with different combinations of plants may be submitted to the developer and City for approval. 13 COMMERCIAL DESIGN STANDARDS The design and development of commercial areas at Yorkville South will contribute to the overall sense of community in this portion of Yorkville, respecting the scale, proportion and character of the surrounding area. Buildings, open space, and parking lots will be arranged in a functional and attractive manner and will incorporate high quality architecture and landscape design. Buildings will be generally oriented towards the streets (as appropriate and practical) to help create a "street wall" effect. The following principles will be used to guide the future development of commercial areas in Yorkville South: General Site Design ➢Access road traffic shall be clear and unencumbered by parking stalls. ➢Access points shall be minimized. ➢The perimeter of the commercial area shall provide for a 30' minimum landscape strip. ➢The perimeter of the site adjacent to a street shall provide for commercial outlots, if possible. ➢Parking for all outlots should be placed away from the access road and shall be screened from view. ➢Utilities, dumpsters and other service related areas should be screened from view, and blend in with the overall character of the development to minimize impact on pedestrians. ➢At least one pedestrian focal point, with ample opportunities for public gathering, seating and pedestrian interaction shall be provided. ➢Commercial areas should be designed to incorporate some of the following elements: outdoor seating, areas for cafes, informal gathering places, drinking fountains, street trees and tree grates, litter receptacles, raised planters, movable planters, ledges appropriate for seating, pedestrian street furniture, lighting, water features, art work, decorative fountains, bike racks Street Orientation Facades should be articulated to reduce long unbroken lines and provide interest. Facades greater than 100' in length should incorporate wall plan projections or recesses. Ground floor facades that front onto public streets shall have arcades, display windows, entry areas, awnings or similar features. Building shall incorporate architectural features and patterns that provide visual interest, at the scale of the pedestrian. Building facades must include a repeating pattern that shall include no less than two of the following elements: color change, texture change or material module change. At least one of the elements shall repeat horizontally. These photos illustrate the use of f color change, material change, plane change&the incorporation of display windows&other archetectural details to articulate building facades. it _ I 14 Materials and Color Any exterior building fagade shall incorporate a predominance of high quality materials that may include, but shall not be limited to, utility brick, sandstone, other native stone, or glass. Utility brick, sandstone, or other native stones shall at a minimum extend from ground level to the top of windows with minor accents allowed in place of utility brick, sandstone or other native stone. Buildings of concrete block, split face block, pre-cast panels or of EIFS construction (or its equivalent) are strongly discouraged. Any fagade or roof color incorporated in a commercial structures shall be of low reflective, subtle, neutral or earth tones. The use of high intensity or metallic colors shall be prohibited. Building trim and accent areas may feature brighter colors, including primary colors, but exposed neon tubing shall be prohibited from building trim or accent areas. Massing Details No uninterrupted length of fagade shall exceed sixty five (65) horizontal feet. All facades greater than 65 feet in length shall incorporate some horizontal relief that may include wall plane projections, wall plane recesses, pilasters, or other architectural elements. Roofs Variations in roof lines shall be used to add interest to and reduce the visual scale of large buildings. Rooftop mechanicals should be screened from public view. Any commercial structure with a flat roof design shall incorporate a parapet that provides for a one hundred (100) percent screening of rooftop mechanicals from public view. The average height of such parapets shall not exceed one-third (1/3) of the height of the supporting wall. ■°ANe� :sue--- `m`; 'These photos illustrate the use of cornice detailing and other architectural elements(such as the incorporation of awnings,wall plane changes and architectural banding)to add e interest and reduce the visual scale of buildings. 15 Entryways Each principal building shall have a clearly defined, highly visible customer entrance featuring at least three of the following: canopies or porticos, overhangs, recesses/projections, arcades, peaked roof forms, arches, outdoor patios, display windows, architectural details such as the work and moldings, integral planters that incorporate landscaping, outdoor patios, or wing walls that incorporate landscaping areas and/or places for sitting. Pedestrian and Bicycle Access ➢The development shall provide a network of paths and open space that interconnect commercial buildings, sidewalks, and other key destinations within Yorkville's overall site boundaries. ➢Pedestrian circulation within the commercial areas will be an integral component of site lay out. ➢Commercial areas shall be organized so that the buildings integrate and reinforce the pedestrian character of the development. ➢Bicycle parking shall be provided in commercial areas. I Photo left: Entry way detail. Photo above: Inclusion of pedestrian access throughout commercial development areas. 16. .•0 Landscape Design Landscape plans will be required for the commercial areas prior to development. In accordance with Yorkville's Design Guidelines for Planned Unit Developments, landscaping will be required for parking lot interiors, parking lot perimeters, and at building foundations. Below: Foundation Plantings. Below: Mechanical/utility screening. Above: Perimeter Landscaping. 17 ARCHITECTURAL REVIEW COMMITTEE (ARC) OVERVIEW The ARC will review and approve all aspects of new construction (and later modifications) of dwellings including, patios and decks, fences, accessory buildings, play structures and other exterior construction. Architectural standards contained within are established to ensure and implement consistent and high quality design standards. They will serve as a framework for design concepts, and provide performance and quality standards that will guide the design and construction of the variety of housing types in Yorkville South. No dwelling may be started without the written final approval from the ARC of the building plans and specifications. The architectural standards (including design criteria as well as performance and quality standards) may be revised in order to respond to future community requirements. Revised standards will be presented to the United City of Yorkville for review and approval, but will not require a public hearing or amendment to the annexation agreement. These architectural standards apply to all neighborhoods and lots within Yorkville South. Architectural Review Committee Creation The ARC shall consist of qualified design professional(s) appointed by the Developer or subsequent Homeowner's Association until all new dwellings within the project have been completed. Functions of the Committee The ARC will evaluate each of the dwellings proposed for construction to assure conformity wit' the design criteria, performance and quality standards set forth in this pattern book as well as compatibility with the adjoining sites and common spaces. If conflicts arise between the submitted application and the pattern book, the ARC shall have the sole discretion to interpret the standards and render a decision. The ARC has the right to grant variances from the Architectural Standards in accordance with the Declaration of Covenants, Conditions and Restrictions (CCRs) as established with each final plat of subdivision. The ARC has the right to monitor and oversee the design and construction process to insure conformance with the approved plans and the standards set forth in the Architectural Standards. The ARC shall review and respond to each submittal within thirty (30) days. Unapproved submissions shall be returned to submitter for revision and resubmittal. All approvals will be in writing. Architectural Review Submittal Requirements A complete design submittal to the ARC shall include the following: a scalable survey of the Lot at a minimum scale of 1"=20', 2) base data pertaining to lot lines, topography, easements, existing significant vegetation etc., including all existing trees, are to be shown on the survey, 3) site plan at a minimum scale of 1"=20' showing property lines, building location and footprint, driveway and easements for Lot utilities, 4) building floor plans, sections and all elevations at a scale not less than 1/8"=1', 5) exterior building materials and color scheme including exterior brick, dryvit or siding type and color, roof type and color, trim color and accent colors. Ordinance and Standards Architectural Review Committee approval does not substitute for, or insure, compliance with th requirements of all public agencies having jurisdiction over the project, including but not limited tw the United City of Yorkville. Each developer, builder and owner must comply with all zoning regulations, agreements and ordinances established by the United City of Yorkville and 18 applicable at the time of purchase and development. EXHIBIT N RIGHT-TO-FARM STATEMENT Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator — A-1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells, dust, sights, noise, and unique hours of operations that are not typical in other zoning areas. Exhibit O Items Eligible for Tax Incentive • All cost associated with the road improvements adjacent to the commercial properties. This would include pavement, storm sewer, landscaping,utility relocation, sidewalk, and any other cost within the ROW. • All watermain constructed with in the commercial property • All sanitary sewers constructed within the commercial property. • Public sidewalk and bike path. • Stormwater Detention basin grading, landscape plantings and storm sewer outfall. • Over sizing sanitary sewer and watermain for the commercial parcel. Eh Reviewed By: .,_ 0-1% Legal ❑ City Council Finance ❑ esr. -� Engineer ❑ Agenda Item Tracking Number �. y City Administrator ❑ (� �; _ Pc ams-cCa 20 Consultant ❑ 'SCE Human Resources F-1 City Council Agenda Item Summary Memo Title: Route 47/Corneils Annexation and Re-Zoning to B-3 City Council/COW/Committee Agenda Date: January 16,2007 Synopsis: See attached staff report Council Action Previously Taken: Date of Action: December 26,2006 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: CO. United City of Yorkville Memo 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <CE ���• Date: January 9, 2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering,Deputy Clerk Subject: SW Corner Rt.47/Corneils Road—Annexation Agreement and Re- Zoning Request Background: - Plan Commission recommended approval of annexation and B-3 zoning February 8, 2006. - City Council conducted public hearing December 26,2006. Annexation Agreement Comments: - Draft agreement was originally prepared April 2004. The agreement needs to include current dates. - The request for B-3 Zoning is consistent with the Comprehensive Plan for this property. Staff recommends limiting the allowable uses within the B-3 Zoning Classification by eliminating the allowable uses as follows: o Dance Hall o Reducing salon,masseur ad steam bath o Club—private indoor o Magazine and newsstand Zoning Plat Comments: • The dimensions of the boundary of Parcel 1 should be labeled on the plat. • The legal description for Parcel 2 includes an area that is currently state right-of- way. The legal description should be revised to follow the current right-of-way line. • A 40-foot wide half right-of-way should be dedicated along Corneils Road. 52 Wheeler Road • Sugar Grove, IL 605" TEL.630/466414M it FAX.630/ 466 9380 www.00lwob.com Enginaaring Entgrpris®s, In=. December 18, 2006 Mr. Joseph A.Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Cornelis/Route 47 Plat of Annexation 8 Zoning Plat United City of Yorkville, Kendall County, Illinois. Dear Mr. Wywrot: We have completed our review of the following documents submitted for our review: Plat of Annexation prepared by Smith Engineering Consultants, Inc. dated October 3, 2005. ➢ Zoning Plat prepared by Smith Engineering Consultants, Inc. dated October 3, 2005. We offer the following comments: PLAT OF ANNEXATION 1. A location map should be on the plat. 2. The existing United City of Yorkville corporate limits should be clearly labeled on the plat to show contiguity with the proposed parcel. 3. The surveyor's certificate should be changed from the ALTAIACSM certificate to the annexation certificate. 4. The United City of Yorkville acceptance certificate should be should be on the plat. 5. The scale of the plat should be indicated. 6. The distances for each course should be labeled on the plat. 7. The legal description for parcel 2 follows the former Route 47 right of way rather than the current one. This should be revised to correspond with the plat. B. The boundary of the parcel being annexed should extend to the far side of the Route 47 right-of- way. G:\Public\Yorkville\2006\Y00604 47 Comeils,LLC\Doc\1wywrot01.doc Consulting Engineers Specializing In Civil Engineering and Land Surveying 9. The surveyor's signature and seal should bear a current expiration date. ZONING PLAT 1. An area location map should be on the plat. 2. The City of Yorkville acceptance certificate should be should be on the plat. 3. The scale of the plat should be indicated. 4. The bearings and distances for each course should be labeled on the plat. 5. The legal description for parcel 2 follows the former Route 47 right of way rather than the current one. This should be revised to correspond with the plat. 6. The proposed zoning for parcels 1 and 2 should be shown on the plat. 7. The text on the plat should be a minimum of.08"height. 8. The Surveyor's certificate should be shown on the plat. We recommend that these documents to be revised and resubmitted prior to going to Plan Council or Plan Commission. If you have any questions regarding the above or require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. �z2--'Op-44.0 e/2� William E. Dunn, P.E. Senior Project Manager 2:000- Mark G. Scheller, P.L.S. Project Manager p.c.: Travis Miller, Community Development Director Bart Olson, Assistant City Administrator Charley Wunder, Urban Planner Susan Bach,Administrative Assistant Craig Duy, SEC JWF, EEI G.%PublidkY0rkv111eV0061Y0060447 Comeps,LLC0odMwfmvW1.doc STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND 1"UNITED BANK,AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15,2004 AND KNOWN AS TRUST#2188 NOW COMES, 1ST UNITED BANK,AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15,2004 AND KNOWN AS TRUST#2188, Owner of Record of certain real property described in the attached Exhibit"A", and the UNITED CITY OF YORKVILLE,An Illinois Municipal Corporation, who hereby enter into this Annexation Agreement to supplement and in addition to the Petition for Zoning and Annexation to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS, each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the subject real property described in the attached Exhibit"A" as a B-3 Development; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the subject property; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS, the OWNER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CITY. 5) WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and 6) WHEREAS, OWNER desires to annex the said real property described in the attached Exhibit"A"into the CITY, its Plan Commission has considered the Petition and recommended annexation and zoning as hereafter set out, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and the CITY; and 7) WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and 8) WHEREAS, OWNER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided; and continued from time to time thereafter: NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree, as follows: A) The subject real property described in the attached Exhibit "A" shall be annexed to the CITY and zoned B-3. All of subject property shall be developed in conformance with all applicable zoning and City Ordinance requirements including in conformance with the City Landscape Ordinance within the B-3 Service Business District. B) That the development of said property shall be subject to approval of all Ordinances of the CITY; engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and permit approval in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, United City of Yorkville Land-Cash Ordinance, and the United City of Yorkville Development Fee Ordinance,which have been voluntarily contracted to between the parties and agreed to by OWNER as a condition of approval of the Annexation Agreement. OWNER, except to the extent varied by this Agreement shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance at the time any building permit is approved by the CITY. C) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the performance standards, or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Owner,however,will be bound by changes in BOCA building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. D) In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the development that benefit OWNER, said modifications shall be effective as to the development in the event OWNER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. E) That on-site infrastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Zoning and Building Codes and Ordinance and other applicable Ordinances. F) That it is contemplated between the parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of no more than an additional one percent(I%) tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s)by City as reimbursement for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or signalizing Route 47 abutting the Subject Property. OWNER ENTITLEMENTS 1) This Agreement shall inure to the benefit of and be binding upon the successors,heirs, and assigns of each party hereto. 2) If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between OWNER And the CITY. 3) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty(20) years. In the event construction is commenced within said twenty(20) year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement by the CITY and OWNER. 4) The subject real property sought to be annexed by OWNER listed in this Agreement is intended to be developed by a third party, as DEVELOPER, or future DEVELOPERS receiving an assignment of the rights of Owner herein. (a) In the event the subject real property is annexed, zoned and this Agreement is approved,but the subject real property is not developed, for any calendar year in which development does not take place,the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. 5) Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska,Jr. 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Mr. John Wyeth 800 Game Farm Road Yorkville, IL 60560 If to the OWNER: 1St United Bank as Trustee of Trust#2188 Frankfort Banking Center 7626 W. Lincoln Highway Frankfort, IL 60423 With a copy to: Frank J. Cortina, Jr. Cortina&Mueller, PC 124 W. Washington Street Morris, IL 60450 Of to such other addresses as any party may from time to time designate in a written notice to the other parties. G)H) 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. 14)1) In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. I)J) The CITY agrees to adopt any Ordinances,which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of MayJanuary, 20067. UNITED CITY OF YORKVILLE, Kendall County, Illinois BY: MAYOR Attest: CITY CLERK Owner: 1 ST UNITED BANK, As Trustee Under Trust Agreement Dated April 15, 2004 And Known As Trust #2188 By: Its: SEE ATTACHED FOR TRUST EXONERATION/EXCULPATORY PROVISION. DOCUMENT PREPARED BY: FRANK J. CORTINA, JR. CORTINA &MUELLER, P.C. 124 WEST WASHINGTON STREET MORRIS, IL 60450 (815) 942-0635 EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast 1/ of Section 17, Township 37 North,Range 7 East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of said Northeast 1/; Thence Westerly along the North Line of said Northeast '/, 28.74 Feet to the Westerly Right of Way Line of Illinois State Route No. 47; Thence Westerly along said North Line, 213.30 Feet; Thence Southerly Parallel with the East Line of said Northeast 1/ 721.70 Feet for a Point of Beginning; Thence Northerly along the last described course, 182.03 Feet; Thence Westerly Parallel with said North Line, 347.87 Feet; Thence Southerly along a line which forms an angle of 91 Degrees, 03 Minutes, 36 Seconds with the last described course,measured clockwise therefrom, 181.72 Feet to a line drawn Westerly from the Point of Beginning, Parallel with the South Line of the Northeast '/ of said Northeast 1/; Thence Easterly along said Parallel Line, 345.80 Feet to the Point of Beginning, in Bristol Township,Kendall County, Illinois. And That Part of the Northwest Quarter of Section 16 and part of the Northeast Quarter of Section 17, all in Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 17; Thence South 88 Degrees, 44 Minutes West along the North Line of said Quarter Section 28.30 Feet to the Westerly Line of State Route No. 47 for the Point of Beginning; Thence South 88 Degrees, 44 Minutes West along the North Line of said Quarter Section 213.30 Feet; Thence South 0 Degrees, 07 Minutes West Parallel with the East Line of said Quarter Section 721.70 Feet; Thence North 89 Degrees,49 Minutes East Parallel with the South Line and South Line extended of the Northeast Quarter of the Northeast Quarter of said Section 17, 273.56 Feet to the Westerly Line of said State Route No. 47; Thence Northerly along said Westerly Line 727.95 Feet to the Point of Beginning, in the Township of Bristol, Kendall County, Illinois. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Route 47/Corneils Road—Trust#2188) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Page 2of3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS (Route 47/Corneils Road—Trust#2188) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS,there are no electors residing within the said territory or more than 51% of the electors residing within the territory have joined in the petition; and, WHEREAS,the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Route 47/Corneils Road—Trust#2188) WHEREAS, 1St United Bank as Trustee of Trust#2188 (the Owner) is the legal owner of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and WHEREAS the Owner has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, the Owner has previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit «B„ 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 J- Reviewed By: Legal ❑ City Council Finance ❑ Hsi: 1 im Engineer ❑ City Administrator ❑ Agenda Item Tracking Number ( C3 �1 20 Consultant ❑ `��� Human Resources F-1�rE City Council Agenda Item Summary Memo Title: Peter Kappos(Route 47/Comeils Annexation)Economic Incentive Agreement City Council/COW/Committee Agenda Date: January 16,2007 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: STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE PETER C. KAPPOS DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2006 by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and PETER C. KAPPOS (the"OWNER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 (2002) ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970,the CITY has determined that it has the authority to enter into this Agreement. The OWNER owes and intends to develop the real property located at the Southwest corner of the intersection of Route 47 and Corneils Road and legally described in Exhibit "A" (the "Property") for commercial uses ("Development Project") subject to the zoning ordinance enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the OWNER has the experience and capacity to complete the Development Project. The OWNER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the OWNER would not undertake the Development Project. The OWNER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay OWNER its Reimbursable Improvements (defined later), all as provided in this Agreement. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. -1- Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remained vacant in excess of twenty(20) years; That the Development Project is expected to create job opportunities within the municipality; That the Development Project will serve to further the development of adjacent areas; The CITY has requested that OWNER financially participate in the cost of design and improvement of Illinois Route 47 adjacent to the subject real property, and the cost of signalization at the intersection of Illinois State Route 47 and Corneils Road in the United City of Yorkville. The CITY has requested OWNER to dedicate real property to the CITY on Corneils Road and Illinois State Route 47 for the widening of Right-of-Ways. That without this Agreement, the Development Project would not be reasonably possible given the off-site costs imposed by the Illinois Department of Transportation and the United City of Yorkville; That the OWNER meets high standards of creditworthiness and financial strength; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base of the CITY and all related governmental bodies; and That this Agreement is made in the best interest of the CITY; and Pursuant to the Illinois Municipal Code, as amended ("Code"), the CITY has authority to enter into an economic incentive agreement relating to the development of land within corporate limits, including an agreement to share or rebate a portion of the retailer's occupation taxes received by the CITY that are generated by the development. Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the OWNER for its Reimbursable Improvements. In reliance upon the CITY's representations and covenants contained in and subject to the terms and conditions of this Agreement, the OWNER intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and to enter into construction contracts and other agreements as necessary. This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. -2- NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the OWNER to undertake the Development Project; in consideration of the OWNER's agreement to undertake the Development Project and the CITY's agreement to reimburse the OWNER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the OWNER and the CITY hereby agree as follows: Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application by OWNER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent(50%)portion of the CITY's allocated portion of sales tax revenue as set forth herein to OWNER or as assigned in writing by OWNER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the"Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to OWNER to enter into this Agreement. Development Incentive Reimbursement. Incentives. The OWNER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement costs (defined below) out of a minimum of 50% of sales tax generated by any"Generator" on the Property or any additional property purchased by OWNER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include interest at the rate of three percent (3%) per annum in excess of prime commercial interest rate as set by Old Second Bank — Yorkville on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by OWNER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first store (or other business operator) on the Property. OWNER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of twenty (20) years commencing from the date of the execution of this Agreement. -3- In the event OWNER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the right to recovery shall terminate earlier than the previous stated expiration date. In the event OWNER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include, but are not limited to, the following: 1) Construction of any off-site Illinois State Route 47 and Corneils Road improvements intersection, signalization, or other improvements on Corneils Road or Route 47 as is necessitated by IDOT or the CITY for the development of the subject property and handling ambient traffic benefiting from said roadway improvements. 2) The Fair Market Value of any real property, determined by Appraisal Figure agreed to by OWNER and CITY at the time of any dedication or taking of real property for right-of-way purposes at the time of said real property is dedicated or taken for said purposes by either the United City of Yorkville or the Illinois Department of Transportation. The CITY shall distribute the sales tax revenue generated by any Generator as follows: A) 50%to the OWNER, or as directed by the OWNER; and B) 50%to the CITY; if the OWNER has One Hundred Fifty Thousand (150,000 sq.ft.) or less of commercial space on the subject property; or Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross sales, and located within the State of Illinois, that is collected by the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obligation. The CITY hereby agrees to pay OWNER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the OWNER as set out in this Agreement. The "quarterly installment payment" shall mean an amount equal to one-half(lh) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the OWNER will be due and payable solely from one-half('/z)or as adjusted under paragraph 8(a) of this Agreement of the -4- sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the OWNER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following construction of the Reimbursable Improvements, OWNER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date. The terms of this Agreement shall be for Twenty (20) years commencing upon the completion of said improvement. Sources of Funds to Pay Reimbursable Development Project Costs. Funds necessary to pay for the Incentives are to be solely derived from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. In order to comply with the terms of this Agreement, OWNER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event OWNER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the OWNER. Assignability. 1) It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11-20 (2002) are assignable at the option of the OWNER. Upon such written assignment by the OWNER, Generator shall have all rights currently vested in the OWNER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the OWNER, OWNER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the OWNER. 2) OWNER may assign a portion or all of its rights under the terms of this Agreement to any future developers, owners, or institutions or individuals providing financing for the improvements outlined above in this Agreement. -5- Reimbursement Procedures. Sales Tax Reports. OWNER agrees to cause all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, OWNER shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying sales tax revenues collected pursuant to this Agreement. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by OWNER or Generators or obtained from OWNER's or Generator's records in connection with this Agreement, and in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of the CITY hereunder or(ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. Audit. Each payment by the CITY to OWNER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments made to date to -6- OWNER. OWNER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. OWNER shall have the right to review all sales tax reports provided to the CITY by the state relating to any Generator upon two days written request by OWNER. DefaulMght to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten (10) days in the case of a monetary default, or within thirty (30) days in the case of a non-monetary default, from notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate OWNER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. Additional Covenants. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by -7- certified mail as follows: To Owner: Peter C. Kappos To Owner's Attorney: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 With copies to: Attorney John Wyeth United City of Yorkville Offices 800 Game Farm Rd. Yorkville, IL 60560 Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf. Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. -8- IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, PETER C. KAPPOS an Illinois Municipal Corporation, By: BY: MAYOR PETER C. KAPPOS Attest: Dated: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -9- -r- 41g Ch. Reviewed By: .'�► G� Legal ❑ City Council Finance ❑ Engineer ❑ "�--- Agenda Item Tracking Number City Administrator ❑ C Consultant ❑ PC 2006-42 Human Resources ❑ City Council Agenda Item Summary Memo Title: Westbury Village(North, Middle and West)Annexation,Zoning and Concept PUD City Council/COW/Committee Agenda Date: January 16,2007 Synopsis: Council Action Previously Taken: Date of Action: August 15, 2006 Action Taken: EDC/COW Discussion 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 MR. � ��. Yorkville, Illinois 60560 Telephone: 630-553-8545 ,a Q Fax: 630-553-3436 LE` � Date: January 11, 2007 To: EDC/COW From: Travis Miller,Community Development Director CC: Lisa Pickering,Deputy Clerk Subject: Westbury Village Annexation Agreement Background: The Plan Commission reviewed the Concept PUD and Annexation request July 26,2006 and made the following actions: Annexation—recommended approval—8 yes; 0 no Re Zoning to PUD—recommended approval 6 yes; 2 no Concept PUD—motion to approve with exception of density and number of units 8 yes; 0 no The EDC/COW discussed the petition at the August 15, 2006 meeting—refer to attached staff report dated August 14,2006. (Attachment 1) Since August Staff has met with the petition multiple times to discuss the Annexation Agreement and Concept PUD plan. A draft agreement was submitted to staff November 13,2006(Attachment 5) Staff reviewed and prepared a staff report outlining concerns and making recommendations for modifications December 12,2006(Attachment 4) Staff met with the petition to discuss the December 12,2006 staff report on December 13,2006. A revised draft agreement was submitted to staff January 10,2007 (Attachment 3) along with a memo explaining what items have been modified in the agreement and which items have not been changed(Attachment 2). Staff is currently reviewing the revised document. At the request of the petitioner, this item has been added to the agenda for discussion. A final staff report was not prepared prior to the distribution of the January 16, 2007 meeting packets,however, staff will update EDC/COW of the status of the review at the meeting and provide any additional comments available at this time. CIr o United City of Yorkville Memo ATTACHMENTI 800 Game Farm Road sus Yorkville, Illinois 60560 Telephone: 630-553-8545 .K �p Fax: 630-553-3436 Date: August 14, 2006 To: Economic Development Committee/COW From: Travis Miller, Community Development Director Subject: PC 2006-43 Westbury Villages (North,Middle,West) Concept PUD and Annexation Agreement Background The Plan Commission reviewed the Concept PUD and Annexation request July 26, 2006 and made the following actions: Annexation-motion to recommend approval—8 yes; 0 no Re Zoning to PUD—motion to recommend approval—6 yes; 2 no Concept PUD—motion to approve with exception of density and number of units - 8 yes; Ono Comprehensive Plan Recommendations The Land Use recommended is predominantly Suburban Neighborhood(gross density 1.5-2.25 units per acre)with Park/Open Space and Commercial Uses at Galena Road/Eldamain and Galena Road/East Beecher intersections. The Comprehensive Plan also recommends Beecher Road to be a major collector identify East Beecher as the preferred route which will eventually cross Galena and connect to Baseline Road to the north. Concept Plan Comments 1. Density: a. The proposed gross density of the Concept Plan of 3.6 units per acre. b. 3.6 units per acre exceeds the Comprehensive Plan recommendation of 1.5-2.25 unites per acre. c. The land uses proposed along with the zoning densities allowable for each pod are below: 1 ATTACHMENT Westbury Village Zoning Density Analysis R-2 Zoning Land Uses(12,000 sgft lot or 3.3 units per acre) Proposed Allowable Village Pod Land Use Density Density+/- North 3N Single Family 2.5 -0.8 West 1W Single Family 2.51 -0.79 Middle 1M Single Family 2.5 -0.8 5M Single Family 2.62 -0.68 R-3 Zoning Land Uses(5 units per acre or 9,000 sqft lot) Proposed Village Pod Land Use Density Density+/- West 2W Single Family 2.66 -2.34 Single Family/ Middle 3M _ Active Adult 4.19 -0.81 8M Single Family 2.8 -2.2 R-4 Zoning Land Uses (8 units per acre) Proposed Village Pod Land Use Density Density+/- forth 1N Townhouse N;' Cou and 9 1 : 4N" Townhouse <°10 + 5N Villas 8 0 6N Villas 8 0 Middle' = 2M Townhouse 1,0 +"" 4M Townhouse 8 0 6M Courtyard, 7M Townhouse = 10 +)2"1 Y 9M Villas 8 0 West " '" 3W Townhouse 10 j+)2 4W "":.Townhouse 10 + 2 5W 1C ou qyard + 1 6W. Condo/Flat . 12 + 4 7W Apartment 15 + 7: Highlighted denotes exceeding"Maxirntiin 13ensity of Zoning Classification d. Several pods proposed with uses permitted by R-4 Zoning exceed the density allowable by R-4. The PUD Ordinance(Zoning Ordinance 10-13- 1) states"if building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space,retention of existing vegetation, buffer areas,new landscaping,public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD". Based on our Land-Cash Ordinance,the required park 2 ATTACHMENT acreage contribution for the 2,642 units is 65.742 acres. The proposed PUD includes 267 acres of open space as follows: i. Parks — 29 acres ii. Golf Course — 160 acres iii. Detention — 70 acres iv. Buffers — 8 acres 2. Proposed uses `Villa', `Courtyard' and `Condo/Flat' units proposed on the concept plan should be defined and a typical lot layout for each including lot size, setbacks, and typical building footprint should be provided. 3. A zoning plat including a legal description of the property must be provided(10- 13-5.B-3); 4. A description of the development standards and design criteria applicable to the proposed PUD must be provided(10-13-5.B-4.c) 5. The Concept PUD plan should include: a. Proposed approximate building footprints and estimated floor area for all nonresidential structures(commercial uses, clubhouse,maintenance building, etc.) b. Existing vegetation including description of predominant vegetation types and sizes. c. Location of existing and/or proposed water, sanitary and storm sewer systems intended to serve the development. d. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to this PUD. Other Comments 1. The Yorkville and Plano school districts must be contacted regarding the concept plan and plan should incorporate appropriate facilities as necessary to accommodate the needs of each district. a. Issue: The School Site Study prepared for the City and School District in 2004 used the Comprehensive Plan current at that time to determine the quantity and preferred location of school facilities based on recommended land uses. The recommended land use for this property at that time was predominantly Industrial. Since the update of the Comprehensive Plan in 2005,the School Site Study has not been updated,therefore, there will likely be a need for school facility(ies)within this property. Recommend scheduling a meeting with both school districts and obtaining a statement from each indicating there needs based on the impact of this proposed residential development and modifying the concept as necessary to accommodate these needs (if any) 3 ATTACHMENT 2 January 9, 2007 To: Travis Miller, United City of Yorkville From: David Warner, Freeborn&Peters LLP Re: Response to Westbury Village Annexation Agreement Staff Review Comments Enclosed is a draft annexation and planned unit development agreement dated January 9, 2007 showing revisions to the last revised version of the document dated November 13, 2006 for the Westbury Extension. Your letter to me dated December 12, 2006 contained the comments of "staff and consultants including Community Development, Engineering, Parks and Recreation and Public Works"on the November 13, 2006 draft. The only substantive changes to the November 13, 2006 draft are responses to changes you requested in your December 12, 2006 letter (as identified below). In addition, we have also prepared a revised water improvement funding section based on the comments you provided me only last Thursday and for which you requested we wait to receive before responding. As you may be aware, if this Agreement and Annexation are not approved in January, Section 7-1-1 of the Illinois Municipal Code would prevent any annexation from becoming effective until after the April elections. This would further delay the development of a project the Village Board has already publicly announced they generally support and for which the Plan Commission recommended approval last summer. In light of these factors, we ask that you please reconsider your opposition to placing this on the Committee of the Whole Agenda for January 16, 2006 as we had agreed. Otherwise,the substantial delay will harm the interests of the City, Ocean Atlantic,the sellers and the residents of the City. Outlined below are the items you suggested required further modification in your December 12, 2006 letter with our response in bold red. Recitals Items E, F,G, H, 1: These recitals refer to previously annexed property under agreement with the petitioner for property adjacent to the proposed annexation, however, staff sees no purpose to state these facts in this agreement. Staff has concerns that this may lead to confusion in the future and would prefer these recitals be removed from the agreement entirely. The reason the other agreements are referenced in the recitals is to prevent confusion in the future rather than lead to it as you suggest. If someone looks at this Annexation Agreement many years from now, and the comprehensive development of Westbury is built out,they are likely to think that this Agreement govems all of it rather than just north, middle and west villages. In order to further allay your concerns, however, we have added Recital J to make it very clear what this Agreement governs and does not govem. Please remove comment from final staff report if you agree. Item J: Please submit this plan with all pages anticipated to be included as Exhibit B for final staff review and comment. As stated above, the latest Concept Plan has a revision date of June 30, 2006 and consists of only 1 page. Plan is attached. Note that there has been no change in unit count but that the villas in 9-M were combined with the community complex to make it clear that this is the area where the mixed use town-center will be located(as has been discussed throughout the process). Note that 6N is part of that mixed use concept as well. Please remove comment from final staff report January 9,2007 ATTACHMENT 2 Section 2 Annexation: Item C: The City will require all signatures from property owners annexing (party to this agreement) prior to approving this agreement. This language is fine, however, will be moot when agreement is approved because all signatures will have been obtained. This passage prevents the annexation of the property without the consent of the property owners to the annexation agreement. The City may require signatures, but this language prevents the City from forging ahead without such signatures. Please remove comment from final staff report. Item D: Remove "convenient" from this provision. This term is arbitrary - restate provision to state "necessary or appropriate pursuant to". Agreed. Please remove comment from final staff report. Section 3 Zoning: Item C: Staff recommends removing entire paragraph and eliminating Exhibit D. There is not enough detail in the Concept Plan(as submitted)to determine what amendments, variations, or waivers are being requested are appropriate. Staff recommends considering any variances for lot dimensions and setbacks occur as part of the Preliminary PUD review process. it is difficult to conclude how all of these exceptions will be applied, without seeing the detail within a Preliminary Plan. For instance, it is difficult to determine the overall impact of reducing the General Residence District setback line without knowing whether there will need to be utilities within that setback. In addition, the sideyard setback adjoining a private street being reduced to 20' from the edge of pavement may present some difficulties. Without seeing the detail within a Preliminary Plan, or at a minimum a specific example, to determine the pavement width, parkway and sidewalk dimensions within that section, it is difficult to determine if there will be sufficient room to construct and maintain the facilities within that setback. Again, staff recommends that either the variances be considered during the Preliminary Plan stage of the project so it is clear how the variance is intended to benefit the layout. Ocean Atlantic requires approval of these variances. Floor plans were provided you in December for those products for which we can approximate. Item E.ii.c: Staff recommends removing "except for 'apartment and 'condolflat' units which shall include one (1) enclosed parking space and one (1) unenclosed parking space" from this provision. The purpose for the increased design standards is to ensure a higher level of quality of this development and the additional garage and parking spaces for these unit types will more likely result in a higher standard of the units which has been expressed by staff and City Council as a concern for this development based on the high density proposed by the Concept PUD Plan. Two products will require parking exceptions: Garden Apartments and Residential Units within the mixed use development. Floor plans have been provided to you of both products. Section 4 Planned Unit Development: Item A: 2 January 9,2N7 ATTACHMENT 2 Entire provision should be restated to clearly distinguish between the Concept PUD, Preliminary PUD and Final Plan. Agreed.Please remove comment from final staff report. Detailed Preliminary Plans have already been prepared for the South and East Village subdivisions. Ideally there would be one Preliminary Plan created for the whole Extension (Middle, West and North Villages). Since it would appear that that is unlikely, staff recommends that the development be planned through the use of larger Preliminary Plans. It is staff opinion that larger Preliminary Plans should be prepared for the Extension to confirm that the appropriate utility and roadway connections are being considered across this master planned, large scale community. Based on the current text within the agreement, it would appear that Preliminary Plans will be prepared for portions, or phases, of the overall subdivision, and then Final Engineering plans will be prepared to be"consistent with the overall purpose or character of the Preliminary Plan."Section 4.A. limits each phase to a minimum of one entire Pod as the depicted on the Concept Plan. Based on a review of the 6/30/06 Concept Plan submittal, it would appear that there could be as many as 23 Pods in the North (6 Pods), Middle (9 Pods)and West(8 Pods)Villages. If there is no maximum number of Preliminary Plans identified, then the-- City may obtain as many as 23 individual Preliminary Plans. Staff recommendation is to limit the Extension to a maximum of three (3) Preliminary Plans. The maximum number of Phases or Units, and supporting Final Engineering submittals could still be consistent with the number of Pods within their Concept Plan. Limited to four submittals as we agreed. Please remove comment from final staff report. Last sentence add"PUD"between Preliminary and Plan and between Final and Plan. Agreed. Please remove comment from final staff report. Item B: Revise the table to include how many units are located in Middle, West and North Village portions of the Concept PUD Plan leaving the overall totals as prepared in separate columns. Agreed. Please remove comment from final staff report. Remove the second table depicting totals in East and South Village - these units are not part of this agreement and the inclusion of this information may lead to future confusion. Agreed. Please remove comment from final staff report. Item C: This provision should match the terms of the Rob Roy Interceptor agreement cited and include"best efforts" will be made by the City to accommodate the"expedited"review process. Agreed. Please remove comment from final staff report. Item D: Provision states(Section 4.F has a similar statement)". . .that the practicalities of development may require the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that materially vary from the approved Preliminary Plan, and that such Final Plans shall, if consistent with the overall purpose or character of the Preliminary Plan, be promptly approved by the City as such requests are submitted." This statement can be interpreted many different ways, and it would be in the best interest of the City not to be put in a position of determining that a material difference does not make the Final Plans inconsistent with the overall purpose or character of the Preliminary Plan. In other words, at what point is the Final Plans more than being materially different and not "consistent with the overall purpose or character of the Preliminary Plan", and therefore not consistent with the Preliminary Plan. This provision should be restated 3 January 9,2007 ATTACHMENT 2 to clearly state that if the Final Plan is inconsistent with the Preliminary PUD, then a modification of the Preliminary PUD will need to be approved following the process described by Zoning Ordinance Chapter 13. Agreed. Only changes that"do not alter the intent of the Preliminary PUD Plan" shall be approved. This language is taken directly from your Zoning Code provisions governing minor changes. Please remove comment from final staff report if you agree. Item F: This paragraph should be modified to clearly state that the final plan requirements of the subdivision control ordinance will be adhered to and the approval process defined by the subdivision control ordinance will be followed. Agreed. Please remove comment from final staff report. A 15 day examination of final plans creates an arbitrary deadline for staff and the City should not obligate itself to this requirement.The Subdivision Control Ordinance procedures provide for an efficient process and should be adhered to for this development. Ocean Atlantic continues to request a time limit. Language should be added to the third sentence stating that approvals shall also be based on sound engineering practice. Approvals should be based on what your codes and ordinances require not a subjective standard that means something different to each person. Items G and H: Staff recommends modifying each paragraph to require this information to be part of the Preliminary Plan -- - submittal. Replace"or"with"and"in both paragraphs between the plan types described. Agreed. Please remove comment from final staff report. Add"Rob Roy"proceeding"Regional Trail"in item H to clarify which regional trail. Agreed. Please remove comment from final staff report. Staff recommends including an exhibit depicting the alignment of the Rob Roy Regional Trail to further ensure there is no confusion regarding this requirement. If you have an exhibit we would be happy to add it. One wasn't required in South Village and East Village,however,where a majority of the trail lies. Section S.SANITARY SEWER AND WATER SYSTEMS AND FACILITIES Ocean Atlantic is being asked to self-finance all of the water and sewer improvements for the entire development. Therefore, Ocean Atlantic should have the right to determine what it can afford to build,when it can afford to build it, and how it will finance the building of such improvements. If the City would like to participate financially, Ocean Atlantic would welcome it, but until such -a commitment is made the language we have provided in Section 5 is how Ocean Atlantic intends to build out the sewer and water improvements. YBSD has agreed to make their infrastructure fees available for use in financing the interceptor. The paydown bonds are those recommended by your Bond Counsel in his letter of last Thursday. 4 January 9,2007 ATTACHMENT 2 General Comments on this Section: Regarding Water Facilities: As you know, EEI has reviewed the Water Works System demands that this development will exert on the system and also have generally planned the Supply,Treatment and Storage components for the City's North Pressure Zone(of which this development is wholly within).On October 2, 2006,we met with the Developer, the Developer's representatives, to discuss these planning efforts. Our concluding statements within that meeting were that the City s Water Works System will need to be expanded to accommodate this development. Based on a review of the demands this development will place on the Water Works System, the near term needs were defined as 3-shallow wells @ 500 gpm capacity, I-deep well @ 1,000 gpm capacity, a 2,500 gpm water treatment plant, and a 4,000,000 gallon stand pipe water storage facility. The total estimated cost for these improvements is just over$16,000,000. It was explained during the October 2, 2006 meeting that the City does not have the bonding capacity to generate the funding for this large capital investment, and that alternative funding approaches needed to be developed. Options that were to be considered included the Developer front funding all of their Water Connection Fees (currently estimated to be nearly$13,000,000) and then obtaining recapture on the additional investment needed to construct all of the facilities.Alternative options included the issuance of SSA bonds, consistent with City policy,to generate the capital dollars with some potential for recapture. Staff opinion is that the Water Works System portion of Section 5 does not have the specificity that would make the City comfortable that the Developer understands the needs of the City's Water Works System to accommodate their development, or has strong enough language that compels to developer to fund the improvements to the level that is needed. In terms of project management for the water works system improvements see attachment titled "Design- Deliver-Build Water Works System Improvements Annexation Agreement Suggested Language" for recommended language to incorporate into Section 5. Section S.A., the City is being asked to"warrant(s)that it will provide sufficient capacity and transmission.. ..to adequately serve the needs of the development' and the CITY shall, at the request of the DEVELOPER, demonstrate the availability of adequate.. . capacity to serve such Phase." Without a good comfort level of how the funding for these improvements will be accomplished, staff strongly recommends that the City not commit to this. If, in the end, a reasonable level of comfort is provided for the funding of these facilities, then staff would recommend adding text to this section that states "the CITY shall, at the request of the DEVELOPER and at the DEVELOPER's cost,demonstrate the availability of adequate..." Section S.B. Delete reference to YBSD and revise to state"up-front payment of fees may be required by the City for certain items. The fees associated with water and sewer connection should be listed within this provision as well as be listed in the referred Fee Schedule exhibit. Section S.C. Clarify the first sentence to state that the "sanitary sewerage capacity and transmission facilities"are defined as YBSD interceptor sewers only. Agreed. Please remove comment from final staff report. Revise to state that the City agrees to cooperate with the developer and YBSD in the design and construction of those interceptors, as well as determining the financing for the work. Section S.D. Clarify the first sentence to state that the"potable water and water supply systems"are defined -as new wells,water treatment facilities,and water storage facilities. Agreed. Please remove comment from final staff report. Water meter costs should not be waived-this should be removed from the 5th sentence. 5 January 9,2007 ATTACHMENT 2 Agreed. Please remove comment from final staff report. This section states that the facilities shall be 'financed, designed, constructed, and installed pursuant to a schedule to be determined in the sole discretion of the DEVELOPER." Section S.G. adds on to that discussion by stating, if the City shall fail to issue the bonds "the DEVELOPER shall have the right, but not the obligation, to assume the CITY's position with respect to, or otherwise to undertake sole responsibility for, the financing, design, construction, and/or installation of either such Water Supply Improvements or Sanitary Sewer Improvements, or both, as the case may be." Staff recommends these two general statements be removed or totally reworked. Staff does not believe the City should be held to a schedule that is established at the"sole discretion of the DEVELOPER",otherwise the DEVELOPER can take over the process. If Ocean Atlantic is being asked to pay for the entire project why should they not be allowed to determine the schedule for build out? One option would be to agree that"a CITY and DEVELOPER will develop a mutually agreeable schedule"at a certain point in time(i.e.approval of first Preliminary Plan). Section S.F. states, "The DEVELOPER shall have no obligation to construct or guarantee financing of any on or off-site Sanitary Sewer Improvements and/or Water Supply Improvements unless a Final Plan encompassing the area in which any such facilities are to be located, or are designed to serve, has been approved by the CITY and the DEVELOPER has undertaken the development of such area." As you may recall, nearly all of the Water Works System major facilities are to be located in the farthest northwest portion of the property.This was clearly explained at the October 2,2006 meeting referred to above. Since it seems likely that the development will be constructed from East to West, it is uncertain when a "Final Plan" will be created around the Water Works System facility sites. This statement should either be removed, or restated. For instance, stating, 'The City will work with the developer to site the Sanitary Sewer Improvements and/or Water Works System Improvements in a manner that will not impact the purpose or character of the Concept Plan." Sections 5.1., 5.J. and 5.K. are inconsistent with the facilities that were identified in the October 2, 2006 meeting with the DEVELOPER and will need to be reworked to allow for sufficient property for all of the facilities and reasonable timeframes (by including season considerations) for further on-site preliminary engineering work. It should be noted that the Developer did not allow access to their site for the Phase 2 Geophysical Exploration work that the City currently is undertaking. Many other property owners in the area allowed access, and we hope to receive good results. Due to the fact that the Developer did not allow access to the sites, time will be need to be provided (with seasonal considerations) for the Phase 2 Geophysical Exploration work, prior to the Phase 3 Test Hole phase of the shallow well siting program. This is not true and its effect would be to anger and inflame the Board. Ocean Atlantic does not own any property in the Extension and has never been able to grant access. This was explained to the City and yet apparently the rumor persists. It is libelous to write something like this for public distribution and it should be removed from your staff report. Section 5.L: Staff recommends removal of this paragraph. It is against current City Policy regarding the use of eminent domain. -- - How else does the City obtain land for public improvements? It is nonsensical to think that if one property owner does not want a water main to cross his or her property that the entire Westbury development should be jeopardized because he refuses to sell and easement. This is a standard provision in all annexation agreements. 6 ATTACHMENT January 9,2007 Regarding Sanitary Sewer Facilities: If it has not been done already, as stated in the EEI July 6, 2006 Concept Plan review letter, staff recommends that the Developer consult with YBSD to confirm that the Rob Roy Creek Interceptor and its tributary interceptors will have sufficient capacity given the fact that the proposed housing density for this development is over 3 units per gross acre and provide the City with written assurance of this. Ocean Atlantic met with YBSD and was promised that the YBSD infrastructure fees could be used to finance bonds to build out the interceptor. A letter from YBSD to that effect can be provided if the Board requires it. A number of the statements within the above Water Works System section apply to the Sanitary Sewer Facilities, as well. For instance, Section S.C. includes very similar, and in staffs opinion ambiguous,funding statements as S.D.We recommend that the funding approach and timeline should be better defined before the City enter into the Annexation Agreement. See the Water Works System discussion for the concerns with the language within Sections 5.17 and 5.G. The City cannot "guarantee" "warrant""warrant w capacity, or the ability to provide capacity, within YBSD's Wastewater Treatment Facility(WWTF). Due to the fact that YBSD owns and operates the interceptors, the City may not be able to guarantee or warrant capacity within them either. We assume that the agreements references to"sanitary sewerage capacity"is not meant to apply to the WWTF capacity, but recommend this . be clarified in the agreement by changing "sanitary sewerage capacity" to "sanitary interceptor capacity". However, please keep in mind that the general statement relative to"interceptor capacity"would include all interceptors that serve this property through all of the interceptors that transport the wastewater to the YBSD WWTF.Additionally,the City must receive confirmation from YBSD that we can, in fact make this statement Section 5 Conclusion: Staff recommends the Developer prepare(or request our Consultant EEI and YBSD Consultant to prepare) infrastructure improvement estimates for water and sewer infrastructure necessary for this development. With these estimates, the City will consult with our bond counsel to determine what funding mechanisms may be applicable and incorporate provisions to this agreement that are specific in terms of financial amounts and timing for the improvements. Otherwise, staff recommends the Developer commit to front fund the entire amounts necessary for the City to install the improvements and include provisions into this agreement for the Developer to recapture any portion of the improvements constructed beyond the needs of the Westbury Extension that benefit other properties/developments. Until these issues are resolved, staff will not recommend approving this agreement or Concept PUD Plan. The proposed language in Section 5 is what Ocean Atlantic is recommending and it would like the Board to approve it or not as written. Section 6.STORM WATER FACILITIES: RETENTION AND DETENTION Add"""the locations identified on the"in front of"Concept Plan"in the first sentence. Agreed. Please remove comment from final staff report. Add"and any applicable state and federal regulations to the end of the last sentence. Agreed. Please remove comment from final staff report. Section 7.STREETS.SIDEWALKS 7.A. Add language stating that offsite roadway improvements may be required if they serve the area being platted. 7 January 9,2007 ATTACHMENT 2 No. Ocean Atlantic is already agreeing to pay more than$5,000,000 in impact fees for City roadway improvements and $4,000,000 in impact fees for County roadway improvements without a finding that any of the improvements are specifically and uniquely attributable to its development. Ocean Atlantic is also paying $1,200,000 for Route 47 engineering and $100,000 for the Western Corridor Study. That is the extent of what it will contribute to state,city,and county roads. Section 9.CONTRACTORS'VEHICLES AND EQUIPMENT Staff recommends restating this provision to allow this activity only within Pods that are under substantial construction. Concern is the last occupancy permit issued for the "property" may be several years out and storage activities should not remain long-term in areas/pods of the development that have substantially built- out. Agreed. Please remove comment from final staff report. Section 10, DEDICATION OF PUBLIC IMPROVEMENTS,EASEMENTS AND RIGHTS-OF-WAY 10.C. Delete the third sentence. Many punchlist items are commonly a result of build-out activities. Replace the word"shall"with the word"may"regarding the City approving reductions to construction guarantees. Agreed. Please remove comment from final staff report. Section 12,FEES AND DONATIONS 12.A. Staff recommends a written acceptance of the terms of this provision from the School District be included as an exhibit to this agreement and referred to in this section. Agreed. It will be provided.-- - -=- 12.8. States the "Developer owns" 53 acres north of Galena Road - confirm this is a correct statement or restate. Ocean Atlantic is under contract to purchase that property. Floor plans for the individual unit types must be provided to correctly determine land cash requirements for this development.Based on the unit count, the'estimated'land cash contribution is+/-66 acres. Your staff report fails to mention that Ocean Atlantic increased the amount of land it was willing to donate for park purposes by 28.5 more acres. The language in the Annexation Agreement is what Ocean Atlantic is willing to offer as a park donation and it would like the Board to determine if it is acceptable or not. The proposed Concept PUD Plan includes 27 acres of land designated at'park'.The annexation agreement does not state that this land is to be contributed as dedicated park land to the City, however, it has been discussed to date as being a dedication and Was referred to in previous draft agreements as being dedicated. If the intention is to dedicate this land the agreement should be revised to clearly state this in this section. Staff recommends re-including text into the agreement describing the acreage of each park on the Concept PUD Plan and re-identifying/labeling each park uniquely on the Concept PUD Plan (as in prior draft agreements labeled as Park A-J). - The 53 acres (proposed as Exhibit G) refers to a future annexation. The Developer is committing to park land to be dedicated from a development that would be approved as part of a subsequent annexation agreement. Staff has concerns regarding this commitment and, although this will result in a new Public 8 January 9,2007 ATTACHMENT 2 Hearing process, staff recommends the Petitioner include this acreage with the current annexation to simplify. The Park Board was presented the alternative land dedication(28.5 acres of the 53 acre parcel depicted in Exhibit G) on September 28, 2006 and expressed concern regarding the approximate 13 acres portion running west to east. This portion is long (approximately 2000 ft. west to east) and narrow(280 ft. north to south). The Developer depicts several soccer fields in the drawing of this parcel, however, full size soccer fields will not fit in this narrow park (unless Com Ed were to allow the use of their easement). Additionally, with the dimensions of this land, there is not enough space to get a park drive to the more remote fields.The Park Board and Staff does not recommend accepting or providing credit for this 13 acre portion.The sixteen acre parcel with access to the Beecher Road extension has more potential in terms of its size and configuration. However, there is already an 8.8 acre park planned just to the northwest and a 10 acre park just to the northeast in other developments. Most important, however, is that the 16 acre parcel is located north of a busy highway (Galena Rd.) which separates it from the residential users that will populate the Westbury development and does not address the limited public park space within the Westbury development. Staff recommends accepting the proposed areas designated as 'Park' on the Concept Plan with the following amendments: Neighborhood Park A shall consist of 7 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park B shall consist of 7 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park C shall consist of 5 acres provided that the Developer obtain appropriate contractual permission from Commonwealth Edison for the City to utilize a minimum of 10 adjacent acres for active recreational park usage such as soccer fields and/or baseball/softball playing fields,-at-no cost, either current or at any time in the future, to the City for said usage of this property. If the Developer does not receive this permission by way of contract agreement within one (1) year of the date of this agreement, the Developer agrees to contribute cash in lieu of this five (5) acre contribution at the current land-cash ordinance rate at said time at the request of the City; Neighborhood Park D shall consist of 3 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park H shall consist of 3 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park I shall consist of 2 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park J shall consist of 4 acres located in substantial conformance with the Concept PUD Plan; Staff recommends crediting the Developer 1.25 acres as land contribution in addition to the 31 acre contribution listed above for the Bike Trail segment along the Rob Roy Creek as depicted by the Concept PUD Plan. The land dedication and credits recommended above yield 32.25 acres. This leaves a difference of approximately 33.75 acres to be contributed as cash. 33.75*$101,000=$3,408,750 which should included in the fee schedule and be paid by the Developer. 9 January 4,2007 ATTACHMENT 2 12.0 Should state 'The Developer agrees to design and install, at the Developer's sole cost, playground facilities at each of the seven (7) planned clubhouse sites depicted on the Concept PUD Plan. Said playground facilities shall meet all current ASTM, CPSC and ADA requirements for playground standards." Ocean Atlantic may wish to install such improvements to provide a higher quality playground and recreational opportunity for its residents but it will not agree to be obligated to do so. General Park Contribution Comments: The Park Board's greatest concerns in reviewing the Concept PUD and the proposed park land dedication is the inadequately sized parks in a higher than normal density area. While giving an explanation on why they believe giving credit for private facilities (ie. Golf Course) is inappropriate, the Park Board was willing to recommend a partial credit for public use of two of the stormwater management areas if public access was made available to them in the form of a walking trail/path. This proposal was rejected by Ocean Atlantic. Since there is a reluctance on Ocean Atlantic's part to agree to the Park Board's recommendations, the Board's position at this point is to simplify the issue; accept a minimum amount of park land and take the rest of the land cash obligation in cash.This way it can put the cash toward the purchase of additional park land or facilities in order to supplement the Westbury parks. 12.E Revise to state that the Developer shall maintain land to be donated up to the time that they are accepted by the City and/or School District. Agreed. Please remove comment from final staff report. 12.F Remove"utilities and other public services"from the first sentence. Agreed. Please remove comment from final staff report. 12.G Since this paragraph deals with roadway improvements, it should be moved to Section 7. Delete the last two sentences and replace them with language stating that the city road fee shall be used to supplement, not replace, the developers reconstruction of existing perimeter roads. The Developer's engineer must perform preliminary engineering to determine what would be required to bring the existing roadway system up to current city standards. That amount should be the developer's "base" contribution towards perimeter road reconstruction,with the balance of funds coming from the city road fee in order to be consistent with the City's current Road Fee Policy. Delete reference to Westbury Blvd. and West Village Road-these are new roads and the developer is responsible for their entire cost.Add language stating that the city shall be the lead agency for the reconstruction of city perimeter roads, and that the developer shall front-fund preliminary and design engineering. See comment in 7.A above. Ocean Atlantic will not provide any additional funds for roads. In addition,the credit for its own road improvements was approved by the Mayor. 12.1 Staff recommends a written acceptance of the terms of this provision from the BKFD be included as an exhibit to this agreement and referred to in this section. Ocean Atlantic is attempting to get this letter. 12.J States that the"Developer shall reimburse the City for no more than one million two hundred thousand dollars ($1,200,000) of the City's engineering costs for designing the widening improvements to Illinois Route 47 between Baseline Road and Cornelis Road ("Corneils Baseline--Route 47 Improvements"). Such reimbursements by the Developer shall be included within the special service area bonds described in Section 18 of the Agreement." Staff recommends the City should be able to obtain those funds sooner than when the development issues its first SSA bonds(assuming the Developer is approved by the City to issue SSA bonds). Staff recommends that the Developer commit to providing the funding within 30 days of the date of the Annexation Agreement. This may be reimbursed by the SSA bond issuance. Staff recommends 10 January 9,2007 ATTACHMENT 2 supporting the provision proposed by the Developer limiting the request for funds to be no more than 1300,000 in any three-month period". You are misunderstanding this provision. Ocean Atlantic is agreeing to pay such funds as soon as it is invoiced by the City up to$300,000 every three months. It just wants such amounts to be included in the SSA as part of its public improvements. This Section continues to state"the City guarantees that the Corneils-Baseline Route 47 Improvements shall be complete on or before .200_. ("Comeils-Baseline Route 47 Improvement Completion Date"). If the City shall fail to complete construction of the Comeils-Baseline Route 47 Improvements by the Cornelis-Baseline Route 47 Improvement Completion Date, the City shall repay the Developer, within 30 days of receiving a written request from the Developer requesting such repayment for the reimbursement amounts paid by Developer under this paragraph J, with interest accruing at 10% per annum from the date such amounts were received by the City until repayment is made." Staff recommends that the City not commit to a date when the improvements will be complete and remove this entire provision. Ocean Atlantic needs a guaranteed date of completion for this donation. General Route 47 Improvement Comment: The total estimated cost for the Route 47 improvements (including engineering and construction) between Cornelis and Baseline Road is$19,000,000.The$1,200,000 proposed contribution is 6.3%of this total. The most recent calculations prepared by staff based on the cost sharing formula for the developments within this segment of Route 47 recommends a prorata share for Westbury would be 17.4% of the total cost (or $3,300,000). Staff supports a reduction in this prorata share to $1,200,000 simply because this is the amount necessary to complete the engineering for this project and would be a critical step in advancing this project and the developer is not requesting any recapture for this contribution. However, staff does not recommend committing to a completion date for construction because that date is unknown at this point and the funding approach for construction is also unknown. Note that Ocean Atlantic was never been provided a copy of this study so it cannot comment on its veracity. Section 13.BUILDING PERMITS 13.A Increase the ten(10)day period to fifteen(15)days. Agreed. Please remove comment from final staff report. Section 17.OPEN SPACE Staff recommends removing this section entirely. The City Park contribution is addressed in Section 12 of this agreement and all credits and contributions should be addressed within this section. No. Open Space calculations are separately derived in your Codes and Ordinances and it needs to be clearly stated that the Concept Plan complies with your Open Space laws. Section 18 SPECIAL SERVICE AREAS.SPECIAL ASSESSMENTS.TAXATION.AND RECAPTURE. General Comments: The SSA's described by this section are the 'traditional' SSA's and are inconsistent with the City's current - policy on SSA's which requires the'pay-down'type to be utilized when City Council determines the need is justified. Staff has requested the Developer contact our Bond Counsel to discuss the proposed provision/section of this agreement. Staff does not recommend approval of this agreement until the City's Bond Counsel has made a recommendation to City Council regarding the appropriateness of the structure and terms of the SSA proposed. ]1 January 9,2007 ATTACHMENT 2 This SSA language as written was already tentatively agreed to by a majority of the Board and it is why Ocean Atlantic was asked to prepare an Exhibit that will notify property owners of the SSA. It replicates the SSA language in East and South Village and must remain to provide fairness to different homeowners and different builders. 18.A Delete the phrase, "and equipment and materials needed for the maintenance thereof in Line 12. Agreed. Please remove comment from final staff report. 18.6 Revise to exclude the dormant SSA mentioned in Section 20. Agreed. Please remove comment from final staff report. 18.0 List the types of expenses that would be included in the total cost. Until such improvements are determined it is not possible to identify what the costs will be. Section 19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS. Staff recommends adding "up to" preceding "fifty percent" in the first sentence-to be consistent with the City's current Economic Development Incentive Policy. Ocean Atlantic must be able to offer 50%. Staff recommends adding language to this provision identifYing the improvements that will be used in calculating the sales tax rebate amounts. Section 20. COVENANTS,CONDITIONS AND RESTRICTIONS: HOMEOWNERS'ASSOCIATION. Revise the first sentence in the third paragraph to state that the dormant SSA may be established and/or activated by the city any time after the approval of any final plat. Agreed. Please remove comment from final staff report. Section 21.CITY INSPECTIONS. Delete this section.City staff and/or city consultants will perform inspections. Ocean Atlantic wants some input if consultants are unreasonably delaying the project. Section 22.APPLICABILITY OF LAWS AND FEES. Revise to eliminate the rotating 5-year lock language. Replace with language calling for a 5-year lock on fees after the PUD agreement is recorded, and afterward the property will be subject to revised/additional fees as they are adopted by the city. Ocean Atlantic requires freezes at five-year intervals. Exhibit D - Revise the data regarding the Subdivision Control Ordinance to be Ordinance No. 2004-52, adopted Sept.28, 2004. Agreed. Please remove comment from final staff report. Staff recommends not granting a variance for the minimum roadway horizontal curve centerline radius, or the minimum right-of-way width. Staff does support and recommend that a variance be granted for minimum roadway widths from 30 feet to 28 feet(instead of the requested 24 feet)for certain areas. 12 January 9,2007 ATTACHMENT 2 Such exception is required for this development. Exhibit F Revise the YBSD fee amounts,the water meter cost, and the BKFD fee amounts to state that the developer shall pay the amounts in effect at the time building permits are issued. Agreed. Please remove comment from final staff report. Who imposes the water meter cost? Add the 0.35%Coordination fee,to be paid at time of final plat recording. Agreed. But it is 0.35%of what? Municipal Building Fee should be$5,509 per unit if paid at building permit or$3,288 per unit if paid in lump sum for all residential units. Ocean Atlantic will pay $2,000 at time of building permit. Again, your staff report does not acknowledge Ocean Atlantic's agreement to come forwArd from its position that such fees are unreasonable. This is an offer to pay more than$5,000,000 more In fees! Administrative Review Fee should be due upon filing of Preliminary PUD Plan/Plat Agreed. Please remove comment from final staff report. Engineering Review Fee should be due upon filing of Preliminary PUD Plan/Plat Agreed. Please remove comment from final staff report. t 13 DRAFT 6118106 ATTACHMENT 3 Revised 8101106 Revised&✓10106 Revised 11/13106 Revised 1%9/07 PREPARED BY AND RETURN AFTER RECORDING TO: David S.Warner Freeborn&Peters LLP 311 South Wacker Drive Suite 3000 Chicago,Illinois 60606-6677 ANNEICATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised M107 TABLE OF CONTENTS [To Be Added] 2 DRAFT 6128106 ATTACHMENT 3 Revised 8/01106 Revised 8110106 Revised 11113106 Revised M107 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreemenfj is made and entered by, between, and among Old Second National Bank of Aurora, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 6121, f/k/a Kane County Bank and Trust Company, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 583 for the benefit of Michael Rosenwinkel, Tammy Rosenwinkel,Howard Rosenwinkel,Becky Rosenwinkel,Timothy Rosenwinkel,Mark Rosenwinkel, and John Rosenwinkel; Estate of Angeline Schultz by Rosemary Svanovick and Fred Schultz, Co-Executors; Estate of Mildred Hankes by Lawrence Hanks and Rita Rios, Co- Executors;Katherine Schultz; Feltes Sand & Gravel Co., an Illinois corporation; Nelson Land Company,an Illinois corporation;Larry Willis;Gary L.Bennett and Betty Bennett(collectively, "OWNERS"); Ocean Atlantic Chicago LLC, a Delaware limited liability company ("DEVELOPER'), and the United City of Yorkville, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois("CI771 as of the day of , 200, being the date upon which the Agreement is executed by OWNERS and DEVELOPER and approved by the CITY (`Effective Date"). The OWNERS, the DEVELOPER,and the CITY are collectively referred to in this Agreement as the"PARTIES." RECITALS: A. The OWNERS are, as of the Effective Date, the owners of record of approximately 744.5 acres of real estate, which property is generally depicted on Exhibit A-1 attached hereto, and is legally described and on Exhibit A-2 attached hereto("Property") and the DEVELOPER is the contract purchaser of the Property. B. The Property is located in unincorporated Kendall County, Illinois and is currently used primarily for agricultural purposes ("Exzsttng Uses") and is contiguous to the corporate limits of the CITY and is not within the corporate limits of any municipality. C. In accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code ("Municipal Code"), 65 ILCS 5/7-1-8, the OWNERS have filed with the CITY's municipal cleric a voluntary petition requesting annexation of the Property to the CITY, executed under oath,by all owners of record of all land within and at least 51%of all the electors residing within the Property("Annexation Petition"), conditioned upon the execution of a mutually acceptable annexation agreement. The Annexation Petition was filed on June 26, 2006 ("Petition Filing Date'!. 3 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 1/9/07 D. The OWNERS desire and propose to have the Property annexed to the CITY pursuant to and in accordance with Section 7-1-8 of the Municipal Code, 65 ILCS 5/7-1-8,and this Agreement. E. On July 1, 1997,the CITY,Richard A.Undesser,and Henrietta Undesser entered into that certain Annexation Agreement to the United City of Yorkville Galena Road,Route 47 and Comeils Road("East Village Annexation Agreement")for the annexation of approximately 257 acres, diacent to and east of the Property, which East Village Annexation Agreement was_ 4 Ddeted:g.11r amended and restated on September 9,2004 to allow for,among other things,the annexation of an additional 43 acres,more or less(collectively,such 300 acres is referred to in this Agreement as the"East Village"). F. On July 27, 2000, the CITY, Michael Rosenwinkel, and Tamara Rosenwinkel entered into that certain Annexation Agreement to the United City of Yorkville Michael Rosenwinkel and Tamara Rosenwinkel ("South.Village Annexation Agreement') for the annexation of approximately 131 acres�di_ cent to and south of the Properly("South_ Village"),_-_- oddxa:genem:y which South Village Annexation Agreement was amended on August 15,2005. G. On April 25, 2006, the CITY adopted Ordinances No. 2006-33 and 2006-34 approving an amended Preliminary PUD for South Village ("South Village PUD") and an amended Preliminary PUD for East Village("East Vdlage PUD")respectively. H. The DEVELOPER desires and proposes to develop the Property as a single, coordinated development with the South Village and East Village containing residential, commercial,and recreational uses. I. The Property,the East Village,and the South Village shall be known collectively _ as"Westbury." J. It is expressly understood and agreed to by the Parties that the development of the Property is governed by the terms and conditions of this Agreement and that the development of the East Village and South VillLige, while identified herein for the purposes of clarification and reference,are governed by the terms and conditions of the East Village Annexation Agreement and the South Village Annexation Agreement respectively. &___The DEVELOPER has-filed-with the CITY-a concept plan-with latest revision-_-- Ddeted:J date of january 8,2007 and consisting of ne age�prepared b_y_Lannert Groups a copy_of which____*W=eted: is attached to this Agreement as Exhibit B("Concept PUD Plan"). The Concept Plan ; the Property into four segments, the Middle Village, North Village, West Village (north) and W.S West Village(south). The Mayor and Aldermen S"Corporate Authorities', appropriate CT1Y boards _-- Deleted:x and commissions, and CITY staff have reviewed the,Concept PUD Plan and matters relating to____ Ddb;Cowept Plan 4 DRAFT 6128106 ATTACHMENT 3 Revised 810106 Revised 8110106 Revised 11113106 Revised 1/9/07 this Agreement. Based on such reviews, the CITY, along with the OWNERS and DEVELOPER, desire that the Property be developed and used only in compliance with this Agreement, and any amendments to this Agreement as may subsequently be agreed to by the PARTIES,in the manner herein provided. Pursuant to the provisions of Sections 11-15.1-1 et seq.,of the Municipal Code,_--- Deleted:L 65 ILCS 5/1I-15.1-1 et seq., and pursuant to the other powers and authorities of the CITY, a proposed annexation agreement,similar in form and substance as this Agreement,was submitted to the Corporate Authorities and,pursuant to notice published in The Beacon News on or before July 23, 2006, as provided by statute and ordinance, the Corporate Authorities held a public hearing on the annexation agreement on August 8,2006. Pursuant to notice as required by statute and ordinance,a public hearing was held__-- Cdated:L ---------------- - -- on July 26, 2006, by the CITY's Planning Commission with regard to the zoning map amendments described in this Agreement,and with regard to all other matters requiring Planning Commission consideration,and the Planning Commission has submitted its recommendations for approval to the Corporate Authorities. P.___The Bristol Township Highway Commissioner,Bristol Township Supervisor and_-_- Deleted:M Township Trustees,Bristol-Kendall Fire Protection District,Plano Community Library District, and other persons or entities entitled to notice prior to the actions contemplated herein have been given notice thereof by the DEVELOPER as required by law. Z. ___The Corporate Authorities, after due and careful consideration,have concluded_-_- Wead:N that th e annexation,development,and use of the Property,pursuant to and in accordance with the terms and conditions of this Agreement, would further enable the CITY to control the development of the area, increase its tax assessable area, would serve the best interests of the CITY,and is consistent with the character of,and existing development patterns in,the CITY. _ T!*_s Agreement is made pursuant_to_and in accordance with the provisions of --- Ddead:o Sections 11-15.1-1,et seq.,of the Municipal Code,65 ILCS 5111-1511-1 et seq.,the laws,codes, regulations, and requirements of the CITY ("City Codes") and the laws, statutes, and constitutions of the State of Illinois and the United States of America NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and agreements set forth in this Agreement,the PARTIES agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of all applicable federal, state, and local laws, statutes, codes,ordinances,resolutions,orders,rules,and regulations("Requirements ofLaW). 2. ANNEXATION. 5 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 1/9/07 A. The DEVELOPER, with the written consent of the OWNERS, has filed, or caused to be filed, with the City Clerk plats of annexation("Plats ojAnnexation")that contain accurate maps of the Property and the contiguous rights-of-way to be annexed. B. Immediately after the approval and execution of this Agreement, the CITY, through the action of its Corporate Authorities, shall pass and approve an ordinance ("Annezadon Ordinance")to annex the Property(and any contiguous unincorporated rights-of- way,as depicted in the Plat of Annexation)to the CITY. C. Immediately after passage and approval of the Annexation Ordinance, the DEVELOPER and the OWNERS shall,with the cooperation of the CITY,cause the recording of all documents necessary to accomplish the annexation of the Property to the CITY, including, but not limited to,the recording of the Annexation Ordinance,along with all necessary plats and affidavits of service of notice,in accordance with the Requirements of Law,to be recorded in the Office of the Recorder of Kendall County. Without the written consent of the OWNERS and the DEVELOPER,no action shall be taken by the Corporate Authorities to annex any part or portion of the Property unless this Agreement has been fully executed by the PARTIES,and all of the Property is annexed to the CITY at the same time. D. If, for any reason and at any time, the annexation of the Property is legally challenged by any person or entity by an action at law or in equity, the CITY shall cooperate with the OWNERS and the DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals, and take such other actions as may then or thereafter be necessary-K appropriate,pursuant to the Requirements of Law to annex the Property, including ;,- Deleted:, the performance of any corrective actions as may be needed. The OWNERS and DEVELOPER '` Deleted:,orcwv=ient agree to jointly bear all expenses associated with any such legal actions. E. Prior to the effective date of the Annexation Ordinance affecting the Property, Section 11-15.1-2.1 of the Municipal Code, 65 ILCS 5/11-15.1-2.1, shall have no application, force, or effect on or with regard to this Agreement or the Property. Accordingly, except as expressly provided to the contrary in this Agreement, the City Codes, and the CITY's jurisdiction and control shall not be applicable to the Property at any time prior to the effective date of the Annexation Ordinance. 3. ZONING. A. Immediately after adoption of the Annexation Ordinance and execution of this Agreement,the Corporate Authorities shall adopt an ordinance,in substantially the form attached to this Agreement as Exhibit C ("Zoning and,Concert PUD Plan Ordinance"), (i� amending __- Deleted:cw+ceprPrae the CITY's zoning map to classify and number the Property as a Planned Unit Development on the CITY's zoning map and (ii) approving the�Cong pt PUD Plan. The effective date of the ,- Ddeted:ConcWPbn Zoning and Egoncot PUD Plan Ordinance shall not occur until such Ordinance has beenpassed-_ _ Ddeted:C�ce„t Plan - ----------------------------- and approved by the CITY and the Annexation Ordinance has become effective. As set forth in 6 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8/10/06 Revised 11113106 Revised 1/9/07 the Zoning and Conceit PUD Plan Ordinance, any_approval of a preliminary planned unit_ -- odetee:Concept Plea development plan ("Prelfmfnary PUD Plan") in accordance with Section 4 of this Agreement____ Ddeted:Prd imbwy P1. that varies from the Zoning and Conceet PUD Plan Ordinance shall serve_to_modifx and_`- r,t,arad:Font BoW,RalK supersede the requirements of such Zoning and Conceit PUD Plan Ordinance with respect to_ - :Concept Plan that portion of the Property that is the subject of the j rrliminary PUD Plan----------------- - Ddeud:ComoeptPUa B. Following the effective date of the Zoning and Con PUD Pl a n Ordinance.t-h'e- Ddetak Pn u�y Plan -- ----. ........ --- Dd4*111:Concept Pun rights of the OWNERS and the DEVELOPER to develop the Property in accordance with the Conceit PUD Plan and this Agreement shall vest, and the Existing Uses shall operate as_---4 Deleted:Concept Pun nonconforming uses and may continue until 4e__proval of a Final Planned Unit Development_--- odeoea: a rases touowing Plan or Final Plat of Subdivision("Final Plan")for such portion of thi Properly containing the uses. C. By its approval of this Agreement and its adoption and approval of the Annexation Ordinance and the Zoning and a.Wt PUD Plan Ordinance,the CITY shall be -- Ddeted:Concept Pun deemed to have approved and granted all amendments,variations,and waivers of the City Codes to entitle the DEVELOPER to develop the Property in accordance with the Qoncept PUD Plan_--- Ddecm:Concept Pun (including,without limitation,the exceptions to applicable City Codes listed in fEiWit D);and the terms and conditions of this Agreement,it being expressly acknowledged and agreed that all public hearings,if any,that are necessary to enable the DEVELOPER to develop the Property, and the CITY to grant such amendments,variations,and waivers,have been conducted pursuant to proper legal notice. D. Unless changed by the CITY at the DEVELOPER's request, the Planned Unit Development zoning classification for the Property established pursuant to the Zoning and FConcept PUD Plan Ordinance shall not be amended and shall be permanent and remain in effect_--- Ddeted:Concept run -------------------------- - ---------- for the term of, and following the expiration of, this Agreement;provided, however, that after expiration of this Agreement,such zoning may be amended in accordance with applicable law. E. The development of the Property shall comply with the following design standards which are in addition to the design standards provided for in the City's Appearance Code (Title 8, Chapter 15), and to the extent of any conflict, shall supersede the City's Appearance Code: i. Single-Family Detached Residential Phase Design Standards: a. Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100%of the total units; b. A minimum of 50% of each building facade shall incorporate premium siding material as defined by the Appearance Code;and 7 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 C. Principal structures shall be constructed upon either a basement or foundation—no`slab'construction. ii. Single-Family Attached Residential Phase Design Standards: a. Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100% of the total townhome buildings; b. A minimum of 50% of each building facade shall incorporate premium siding material as defined by the Appearance Code; C. Each unit shall include two(2)enclosed parking spaces except for _ "Garden _pat#ment" uni in West Village(north]which shall_ _- Deleted:a ,ieaTire ero 0 enclosed parking spaces and(ii)residential u in.in_` Deleted: and°eondoitlac units the Middle Village"mixed use area" which shall require one (1) WOW:„,elude e nclosedparking space eP r t;_and ------------------------. (1)Deleted:am Deleted:un d. Off-street visitor parking spaces shall be provided for_"multiile�-v__ Deleted:incorporated into family dwelling"anits,as that term is defined in the-Zoning Code ' the at a rate of.5 spaces per unit. Deli` Deleted:pods iii. Commercial Design Standards: a. All `Guidelines' within the Appearance Code section VA.b.l.b shall be required applications;and b. Monument signage must include a 100%masonry base. 4. PLANNED UNIT DEVELOPMENT. A. The PARTIES acknowledge and agree that, upon and after the effective date of the Annexation Ordinance, the Property will be developed and used as a mixed use residential and commercial community in accordance with the terms and provisions of this Agreement, the City's Planned Unit Development Ordinance (200640) ("PUD Ordinance"), the Zoning and ,Concert PUD Plan Ordinance. and the ConcMt PUD Plan; such use and development_shall_ _- Deleted:Concept Plan comply with all City Codes except as otherwise modified by this Agreement. The PARTIES '' Deleted:Concept Plan further acknowledge and agree that the DEVELOPER shall have the right to develop the Property in such number of units of development(referred to herein individually as a"Phase" Deletetl: upon approval ofa and collectively as"Phases')as the DEVELOPER may from time to time determine. _owever .' Preliminary Planned Unit Development the DEVELOPER agrees to consolidate Preliminary PUD Plan applications into no more than Plan or Preliminary Plat of Subdivision (°Preratinary Plan')and Final Plan in four f41 applications comprised generally of the Middle Village(1 preliminary PUD application), compliance with the requirements ofthe PUD Ordinance for such Phase or Phases. 8 DRAFT 6128/06 ATTACHMENT 3 Revised 8101106 Revised 8110/06 Revised 11113106 Revised 119107 the North Village(1) and the West Village,north and south(2). There shall be no limitation on --- ��:Each Plisse shall contain,at a •---- mini—, one=*a Pod as depicted on the time within which a j!reii_•minar PUD Pla,�application must be submitted.------------- the Concept Pl• Dltated:P�elimioary Plan B. The CITY acknowledges and agrees that approval of this Agreement grants the odeted: �h mal Pin DEVELOPER the right to develop the Property as depicted in the•Concept PUD Plan and that the CITY shall take all actions, including approval of such amendments to and variations from - � °Concept Plan the provisions of the City Codes, to permit the development of the Property to contain (MV=Middle Village NV=North Village,and WV=West Village): Uses Acres MV NV WV Uni --- TeMe Single Family 204.5 283 55 212 550 Luxury Townhouse 13.5 108 108 Townhouse 98 300 340 340 980 Courtyard 52.5 176 135 162 473 Condo/Flats 11 132 132 Villa 40 120 _- oatetnd:15 Villas/Retail/Comm 5 40 Mixed Use RecJResJCom. 12 40 Apartment 19 1 2851 28 --- Fbnm ted Table Commercial 17 Neighborhood Clubhouses 9 _- Ddeftd:M C== ... t Golf Course 160.5 -- Foneatbed Table Maintenance 2 Park/ en Space 27 Retention/Detention 64.5 External ROW 11.5 Westbury Boulevard 24 Open Space/Buffer/ROW 8 Total 7441 9071 6101 1131 2,648 W------------------------------------------------------------ Ddeted:The development approvals C. Upon submittal b DEVELOPER of an application for review and approval of develop en in this^�`m°"and the PD Y PP aPP development approvals eontaiaed in the any required plan, document, or submittal for a Phase or Phases including, but not limited to, East villap PUD and south viaalle relimin PUD Plans, Final Plans, lands _ e laps, j!!& lans a ineerin laps PUD"'la permit the development of ------ ------------------- -p--- -P-- ----B-P--' w«tbWtoConte I photometric plans, architectural drawings, or any other required submittals,the CITY shall use 1 its best efforts to provide the p_EVEIAPER expedited review and consideration as required by �a •• Z Paragraph 2.0 of that certain Agreement by and between the DEVELOPER and the CITY °a° -P"hm'°ao Plan Regarding the Rob Roy Creek Sanitary Sewer Interceptor dated November 22,2005, a copy of Delete& which is attached to this Agreement as Exhibit E. Approval of a Xreliminary PUD Plan for a_--- Deleted:Preliminary Plan 9 DRAFT 6129106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 Phase or Phases shall: (i) signify satisfaction of the purposes, objectives, and requirements of Section 10-13-6 of the PUD Ordinance and no further showing regarding such general purposes or objectives need be made, and no further public hearing need be held, prior to submission or approval of a Final Plan for the applicable Phase or Phases;(ii)modify(without requiring formal amendment to)the terms and provisions of the Zoning and Concept PUD Plan Ordinance or this___- Ddeted:concept Plan Agreement to the extent the PrelimiaM PUD Plan differs from the terms and provisions of the -- Ddeted:Preliminary Plan ------------------- -- ----- Zoning and tConcept PUD_Plan_Orclinance_or this Agreement; and_(iii) serve to grant all ___i Del ;concept plan necessary approvals for the development of such Phase of the Property without the need for any other zoning or subdivision approvals as a prerequisite to the issuance by the CITY, or the receipt by the DEVELOPER, of the building permits necessary for the development of such Phase or Phases. In addition,upon approval of such Preliminary PUD Plan,the DEVELOPER -- Ddeted:Prelimin ary Plan shall have a vested right to develop the Property in substantial conformance with the approved - PreliminM PUD Plan for theportion of the_Property in question However,_before an}�such _-- Deletes:Preliminary Plan building permits shall be issued for such Phase or Phases,the DEVELOPER shall comply with the requirements of the Subdivision Control Ordinance for approval of the Final Plan for such Phase or Phases. D. Upon approval of a Zreliminary PI---Plan-for_a Phase or Phases,_the __- DdeW:Preliminary Plan DEVELOPER may submit one or more Final Plans for such Phase or Phases, which shall be approved by the CITY, provided they substantially conform to the Xreliminary PUD Plan.___- WOW:Preliminary Plan However, the PARTIES recognize that the practicalities of development may require the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that wary from___- Deleted:materially the approved,Xreliminary_PUD Plan,and that such Final Plans shall,if�hey do not alter the intent_ -- Ddeted:Preliminary Plan of the Preliminary PUD Plan,be promptly approved by the CITY as such requests are submitted. Ddeted:consistent with the overall Any approvedZreliminary PUD Plan shall not lapse or expire at any time or upon_the occurrence `� purpose or character or the of any event or upon the failure of any event to occur. Deleted:Preliminary Plan ` Deleted:Preliminary Plan E. Throughout the term of this Agreement, the DEVELOPER shall have the right, but not the obligation,to subdivide,from time to time,the Property,or any portion thereof. The CITY shall approve a final subdivision plat for any particular Phase or Phases,provided that the final subdivision plat shall be in substantial conformance with the Concept PUD Plan 9E.a_ Deleted:ConeeptPlan previously approved PreliminaryPUD Plan.---------------------------------------- Ddeted:Preliminary Plan F. The final engineering, final landscaping, and other required plans and specifications for the public improvements to be installed for each Phase or Phases shall be submitted to the CITY,together with the Final Plan for such Phase or Phases. The City Engineer shall examine such final plans and specifications and approve or disapprove of the same within fifteen(15)business days of receipt thereof. The final plans and specifications shall be approved by the City Engineer and the CITY if they are in substantial conformance with the approved preliminary PUD Plan and,to the extent consistent therewith1 the Zoning and—Concept PUD Plan_ _- Ddeted:Preliminary Plan Ordinance and City Codes includi li. without limitation, the Subdivision Control Ordinance; Ddeted:concept Plan provided,however,that to the extent that practicalities of development require the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that Zary_from the approved_-_- Deleted:materially 10 DRAFT 628106 ATTACHMENT 3 Revised 8101106 Revised 8110/06 Revised 11113106 Revised 19/07 ,greliminary PIJD Plans then such final plans and specifications shall be procnpdy_approv_ed if it_-_- Wow*Preliminary P� conforms substantially�o the relimirrM PUD Plan meets all conditions of said approval,and udeted:consiueot wa the mrau complies with all City Codes including, without limitation the Subdivision Control Ordinance. °«character°f If such plans and specifications are not approved,the reasons for disapproval shall be set forth in WOW:Preliminary Plan a written notice to the DEVELOPER identifying the revisions that need to be made in order to secure approval ("Notice of Disapproval"). Upon the DEVELOPER's correction of, or objection to the validity of, the item(s) set forth in the Notice of Disapproval and the resubmission of all required plans and specifications,the CITY Engineer shall reexamine them and either approve or disapprove them within fifteen(15)business days of their resubmission. G. The OWNERS and DEVELOPER shall provide profiles as well as address discharge enhancements for stormwater into Rob Roy Creek as part of any final landscaping and_--- odtxed:or final engineering plan for a Phase or Phases affecting Rob Roy Creek. H. The OWNERS and DEVELOPER shall address cross-section, location, and Regional Trail construction as part of any final landscaping and final_errginee_ri W plan_ for_a Phase or Phases containing the Rob Roy Regional TraiL S. SANITARY SEWER AND WATER SYSTEMS AND FACILITIES. A. Provided that the Property is developed in accordance with this Agreement, the CITY represents and warrants that it will provide,or cause to be provided,as and when needed sufficient capacity and transmission in operational and available sanitary sewerage and potable water systems to adequately serve the needs of the development and use of the Property. The --- Delete*in addition,at me time of CITY shall permit the OWNERS or DEVELOPER to connect to CITY and/or Yorkville-Bristol Phase or Phases Preliminary fthe Pr Pony,&C y p Phase or Phasrs of the Prope+ty,the Sanitary District-C�YBSD saaitary_sewer lines and water mains at locations to be determined by crrr Shall,at u,e regaea of the the preliminary engineering plans approved for each Phase - Phases. To the best of the CTTY's DEVELOPER,demonstrate ffie knowledge and belief,there is no administrative,judicial,or legislative action pending or being capacity and Potable water=ppy and threatened that would result in a reduction of, or limitation upon, the OWNERS' or delivery capacity to Sam such Phase DEVELOPER's right to use,such sanitary sewerage or potable water supply systems. Formatted:Font:Bold,rtak B The CITY represents that it does not have bonding capacity to generate funding for the design, construction and installation of (i) the YBSD interceptor ("Sanitary Sewer_---{�rtnatred:Font:Not Bait,root italic Interceptor")or(ii)CITY potable water transmission and supply improvements including water l wells treatment facilities and storage("Water Supply Improvements"),necessary to service the development of the Propert as provided in this Agreement Therefore. the CITY and DEVELOPER agree that the DEVELOPER shall assist in financing the costs of designing, constructing, and installing the Sanitary Sewer Interceptor and Water Supply Improvements. The financing and construction of the Sanitary Sewer Interceptor and Water Supply Improvements shall be undertaken by the Parties in four separate segments corresponding to the development of the Middle Village North Village West Village (north). and West Village (south) The Sanitary Sewer Interceptor and Water Supply Improvements necessary to serve the Middle Village are expected to be financed and constructed first followed by the North Village, 11 DRAFT 6128106 ATTACHMENT 3 Revised SIOLI06 Revised 8110106 Revised 11113106 Revised 1/9107 West Village(north),and West Village(south)however the DEVELOPER reserves the right to modify the timing, order, and phasing of financing and constructing the Water Supply Improvements. C. In order to initiate financing_the DEVELOPER shall provide the CITY a written request,consented to by YBSD with regard to Sanitary Sewer Interceptor identifying the Village for which the Sanitary Sewer Interceptor and Water Supply Improvements are to be built and requesting that the CITY issue bonds Upon receiving the he request, the CITY shall promptly issue one or more special service area pavdown bonds backed by the DEVELOPER. YBSD infrastructure fees, CITY water connection fees,and/or a lien on the Village property identified in the DEVELOPER's request. Such bonds shall be paid off at the time individual improved lots in such Village are sold to a homeowner. The bonds shall be issued on commercially reasonable terms and in amounts,maturities,terms,and on the date or dates as necessary to pay for the costs of_designing, constructing and installing the Sanitary Sewer Interceptor and Water Supply Improvements necessary to service the Village property identified in the DEVELOPER's request. The CITY shall perform all management and administrative responsibilities related to the issuance and repayment of the bonds issued under this Section Any funds collected for or in connection with,the bonds and the Sanitary Sewer Interceptor and Water Improvements shall be maintained in a segregated, interest-bearing account and shall be used exclusively to retire the obligations of the bonds. To the extent there remain any funds in such account after all bonds for the Improvements necessary for the development of a Village have been issued and retired such remaining funds shall be paid to the DEVELOPER. Upon receipt of bond proceeds, the DEVELOPER shall enter into all required contracts necessary for the design, construction, and installation of the Water Supply Improvements and the CITY and DEVELOPER shall request that YBSD enter into all inquired contracts necessary for the design, construction, and installation of the Sanitary Sewer Interceptor Such contracts shall provide for the completion of the work pursuant to a schedule to be determined at the sole discretion of the DEVELOPER in consultation with YBSD with regard to the Sanitary Sewer Interceptor. J2L...The OWNERS-and-DEVELOPER shall not be liable to the gkIX f r any sewer or _- Dereted: I water recapture fees, connection fees, or other obligations as a result of the connection of the,, B Property to any sewer or water lines, or the financing of any sewer or water lines or sewer Ddb,or the Yorkville-Bristol treatment and potable water supply facilities and improvements, except as provided in the Fee Sanitary Distrkt("PRSD') Schedule attached to this Agreement as Exhibit F. Such fees shall be due at the time of issuance of a building permit for each newly constructed building or residential dwelling unit on the Property,however, an OWNER or the DEVELOPER shall have the right,at its sole discretion, to prepay such fees at the rates in effect at the time of such prepayment including as necessary to finance the issuance of any bonds issued by the CITY in Section 5.C. 12 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8/10106 Revised 11113106 Revised 119107 JE____If the DEVELOPER is required to construct Sanitary Sewer InterceDtoc and/or --- Ddetad:C. ir"-pine sanitary Water Supply Improvements including,but not limited to, sanitary sewer lift stations and force� `b °m facilities=not ma& mains on or off Property for the benefit of other properties situated within or outside of the I Pmerty byre CrrY as mrd when CITY, the CITY shall, upon DEVELOPER's request, enter into one or more recapture ��"�001�8 e with section s a l of Agreematt,the DEVELOPER span agreements,as provided for in Section 18.0 of this Agreement, for the purpose of ensuring that have the rie d,but no the obliption,to the DEVELOPER recaptures from such benefited properties the proportionate share of such mash&aa CCrrY,in cooperation with costs. , ("San&avysewnImprovementBonds") as may be requited to finance the direly design,construction,and installation of F. The DEVELOPER shall have no obligation to construct or guarantee financing of ; such sewerage capacity and mansmission any on or off-site Sanitary Sewer Interceptor and/or Water Supply Improvements unless a Final ; faoaities("smrftagSoutar lmprovrmente).such sanitary sewer Plan encompassing the area in which any such facilities are to be located, or are designed to; ; lmprovemem sends shall be(,7 by the serve,has been approved by the CITY and the DEVELOPER has undertaken the development of ' ; DEVELOPER suwedssued , DEVELOPER and(it)issued by the such area. ; ; CrrY an commarcmy reasonable wom; and in arnomru,maturities,terara and on the date or dates,determined by the G. If he Sanitary Sewer Intemc M gt or adequate Water Supply Improvements are not mutual aet«m«a of the crrY and the made available to the Property, or are not materially progressing to completion in accordance, I DEVELOPER The Cmr admowkdges ' ' ,-, , aoA AgRGF that:in coosidtt,."M of the with the schedule to be established pursuant to Section 5,C of this_ cement, or if the CITY_, ; DEVELOPERY gnsa m.of the shall fail to issue sufficient fonds to finance the cost of designing= constructing,_and installing;; ; insai ofdsan n'd the Sanitary Sewer InterceptoL qr Water Supply Improyements,as provided in Section S.G, the ";1' inwro�aa.such Imao.,emems shall DEVELOPER shall have the right, but not the obligation, to assume the CITY's position with"; be 6aaocd.�'a1Cd'and`on m teed ,, ,, pursuant to a schedule to be determined respect to,or otherwise to undertake sole responsibility for, the financing, design, construction, +, in oe of��ecrrrsb,n and/or installation of either such Sanitary Sewer Interceptor or Water Supply Improvement, or_`;,a I; ant impose soy CrrY or YND sewer both,as the case may be. ,o;a, recapture Seca,newer carr�iao fem 1;,6 aewa amaredam fees,a other H. Prior to undertaking such financing, design, construction, or installation as set ;�' Ddlted:lrtwrovemems forth in Section 5.G,DEVELOPER shall deliver notice to the CITY and YBSD of its intent to ;0 o" I's Ddew:Improvemeou assume the City's position with respect to,or otherwise to undertake sole responsibility for,such ;i'�'; ��:adequate Sanitary Sewer Interceptor or Water Supply Improvements._ Unless the CITY notifies ;�,�I; Deleted:wtprwememts DEVELOPER of its intent to perform in accordance with this Section within 10 days_after, ;;�', Deleted:A delivery of such notice from the DEVELOPER, the DEVELOPER may notify the CITY that it'o ;o' Dd�p sanitary sewer Improvement has elected to assume the C11 Y's position with respect to, or otherwise to undertake sole ",, ;m' sow-warn Sup*Improvemam responsibility for,the aDDlicable Sanitary Sewer InterceDtoror Water Supply Improvements, In ; ' Bands furtherance of any election by DEVELOPER under this Section 511,DEVELOPER may take ;°; Deleted.lmpruvememts any and all actions it deems necessary or appropriate to meet the sewerage transmission needs or , ;;' Deleted:, water supply and distribution needs of all or any part of the Property, including without ;' Ddeted:a limitation the right to secure sanitary sewerage service or water supplies from other public or a;,' Deleted: or S.D respectively private sources on a temporary or permanent basis. In addition,if at a future time the source of +',', Deleted: or sanitary sewer such water supplies or sewerage transmission is to be transferred,any such transfer shall occur 1,',, Improvements without cost the DEVELOPER or the OWNERS. u', :Impaovement5 ',, Ddeted:s S.A and 5.0 or S.D,as the If the DEVELOPER makes an election under this Section 5.11, the CITY agrees and csse any be, acknowledges that the provisions relating to all fees and charges for water or sewerage services ', Deleted-Invir G1nents as set forth pursuant to this Agreement shall remain in force as necessary to allow DEVELOPER Deleted: nmessary to serve dre Property 13 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8/10/06 Revised 11113106 Revised M107 the ability to recover all costs of the Sanitary Sewer Intercento;or Water Supply Improvements - Deleted:Improvements constructed pursuant to this Section 5.H. All fees and charges shafl be used to reimburse the DEVELOPER for all costs (including financing costs) relating to such Sanitary Sewer InterCOLM or Water Supply Im�rovements,_plus a_mana_g c fee of 8% of all-such costs---- Deleted:Improvemems payable to DEVELOPER. The CITY also agrees that, upon an election by the DEVELOPER under this Section 5.H,the DEVELOPER shall have the right(but not the obligation)to dedicate such Sanitary Sewer Interceptor or Water Supply Improvements(or both)to the CITY or YBSD --- Deleted:Improvements and the CITY agrees to accept, or cause the acceptance by YBSD of, such dedication provided that the such systems or facilities conform to the terms of the pen-nits obtained for such systems or facilities. I. The DEVELOPER shall have the right, at its sole discretion, to drill private shallow wells on the Property, at locations to be determined by the DEVELOPER, for the purpose of golf course and common area irrigation subject to compliance with Illinois Department of Natural Resources and Kendall County Health Department standards and requirements and provided that such wells do not substantially impact the groundwater supply for Rob Roy Creek. . _ __ J. At any time within three months of the annexation of the Property as provided in Section 2,DEVELOPER and OWNERS shall grant the CITY the right to access the Property for purposes of drilling up to three(3)test wells at locations to be determined by the DEVELOPER in consultation with the CITY,for purposes of identifying potable water supply sources intended solely to serve residents, businesses, and government of the CITY with potable water. In connection with such access, the CITY agrees to restore the Property following completion of such drilling and to hold the DEVELOPER and OWNERS harmless from any claims arising from such access. K. The DEVELOPER and OWNERS agree to grant the CITY, and the CITY shall accept,fee simple title to the approximately.5 acre parcel at the location depicted in Exhibit G for purposes of constructing,operating,and maintaining a water tower to serve the Property and the residents of the City ("Water Tower Parcel"). The OWNERS and DEVELOPER shall transfer the Water Tower Parcel to the CITY within 60 days after the City has entered into a contract for the construction of the water tower. The CITY shall design,construct,and install,at its sole cost, a water tower of no greater than feet in height on the Water Tower Parcel within three years of the Effective Date. If the water tower is not installed, available, and operational within three years of the Effective Date (or such longer period as DEVELOPER might otherwise agree in writing),the CITY shall reconvey fee simple title of the Water Tower Parcel to the DEVELOPER, shall remove all improvements thereon, restore the Water Tower Parcel to the same condition as existed as of the Effective Date,and remove any encumbrances to title recorded after conveyance unless such encumbrances are otherwise acceptable to the DEVELOPER 14 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised&✓10106 Revised IUI3 106 Revised M107 L. Upon the request of the DEVELOPER, the CITY shall acquire by eminent domain or otherwise, all property rights, easements and rights-of-way as may be needed to enable the Property to sanitary sewerage and potable water and water supply systems. The DEVELOPER agrees to pay all costs associated with said acquisition of property rights, easements,and rights-of-way. M. The CITY shall fully cooperate with the DEVELOPER to obtain all permits required under federal and state law including, without limitation, all permits required by the Illinois Environmental Protection Agency. In addition, the CITY agrees to cooperate with DEVELOPER to provide for the annexation of the Property to the Yorkville-Bristol Sanitary District as and when Phases of the Property receive Final Plan approval. 6. STORM WATER FACILITIES:RETENTION AND DETENTION. The DEVELOPER shall provide for storm water drainage, retention, and detention thereof upon and from the Property in substantial conformity with the locations identified on the one t PUD Plan, ind the preliminary en ineerin fans roved for a Phase or Phases, --- t►deted:cow Pig _ _-----.--------- ----- -- -----�p---- 'p---------------------- �- -- ----- including installation of underground sewers; graded,open swales, or ditches; and storm water retention/detention areas. For the term of this Agreement,the CITY shall require no more than the size,degree,and type of storm water retention/detention required under all applicable CITY Ordinances including the Subdivision Control Ordinance,;he Compensatory_Storage O_rcl_inance,_-_- wieted:and and any applicable state and federal regulations. 7. STREETS,SIDEWALKS. A. The DEVELOPER shall cause curb, gutter, street pavement, street lights, and public sidewalks to be installed upon the Property,jn substantial conformity_with the relimina -- DdeW:that my be required to be PUD Plan and preliminary engineering plan as finally approved as part of the Final Plan for each msuiikdnffsie- Phase or Phases 1! h improvements shall be designed and constructed in general conformity Dddad:Preliminary Pon with the requirements of the CITY's Subdivision Ordinance as such requirements exist as of the - � : Petition Filing Date. However, the DEVELOPER shall have no obligation to make roadway WMad:such improvements or dedications of streets, roads,or rights-of-way to the CITY,except as provided for in this Agreement, the Final Plan and the final engineering plans for a particular Phases or Phases and not before the Final Plan encompassing the area in which the streets,roads,or rights- of-way are to be located has been approved by the CITY. The DEVELOPER shall comply with all requirements of the Illinois Department of Transportation and Kendall County regarding improvements to state and county roads. B. To the extent the improvements described in Paragraph 7.A are identified on the CITY's master roadway improvement and transportation plan as required to be installed in conjunction with the development of the Property,the CITY shall cooperate with the OWNERS and DEVELOPER to cause any affected utility companies to relocate the utilities, at the company's sole expense, if the company is required by an existing franchise or easement 15 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 1/9/07 agreement with the City to pay for the relocation. Any other required relocation of existing utilities shall be completed at no cost to the CITY. C. The PARTIES acknowledge and agree that the(i)CITY Roadway Improvement Contribution described in Exhibit F shall be paid in an amount equal to two thousand dollars ($2,000.00)per unit on the Property up to a total not to exceed five million two hundred eighty- four thousand dollars ($5,284,000) ("City Roadway Improvement Contribution") and (ii) County Roadway Improvement Contribution described in Exhibit F shall be paid in an amount equal to one thousand five hundred forty-nine dollars($1,549.00)per unit on the Property up to a total not to exceed four million ninety-two thousand, four hundred fifty-eight dollars ($4,092,458) ("County Roadway Improvement Contribution") . To the extent the Developer pays for the costs of designing and constructing Corneils Road, Galena Boulevard, East and West Beecher Road, Westbury Boulevard, West Village Road, or Eldemain Road, such costs shall be credited against the DEVELOPER's City and County Roadway Improvement Contributions on a dollar for dollar basis, with any excess amounts being reimbursed to the DEVELOPER, upon the tsubmission by the DEVELOPER of written evidence itemizing such costs. The City and County Roadway Improvement Contributions shall be allocated on a per dwelling unit basis. D. The DEVELOPER agrees to contribute one hundred thousand dollars($100,000) to fund the Western Corridor Roadway Study. This study will be conducted by the CITY and will be used to determined the final geometry and design of the Beecher Roadway Corridor from Route 34 to Baseline Road. E. The DEVELOPER shall reimburse the CITY for no more than one million two hundred thousand dollars ($1,200,000) of the CITY's engineering costs for designing the widening improvements to Illinois Route 47 between Baseline Road and Comeils Road ("Corneils-Baseline Route 471mprovemen&). The CITY shall submit to the DEVELOPER written evidence of such engineering costs and a request for reimbursement no more often than once every three months and the DEVELOPER shall pay such costs within 30 days of receipt. The DEVELOPER's reimbursement obligation to the CITY shall not exceed $300,000 in any three-month period. Such reimbursements by the DEVELOPER shall be included within the special service area bonds described in Section 18 of the Agreement. In exchange for DEVELOPER's obligation to reimburse the CITY as provided in this Paragraph J, the CITY guarantees that the Corneils-Baseline Route 47 Improvements shall be completed on or before January 1,2009. ("Corneils Baseline Route 47Imyrovement Completion Date") If the CITY shall fail to complete construction of the Corneils-Baseline Route 47 Improvements by the Comeils-Baseline Route 47 Improvement Completion Date the CITY shall repay the DEVELOPER, within 30 days of receiving a written request from the DEVELOPER requesting such repayment, for the reimbursement amounts paid by DEVELOPER under this Paragraph E with interest accruing at 10%per annum from the date such amounts were received by the CITY until repayment is made, 16 DRAFT 6128106 ATTACHMENT 3 Revised 8/02106 Revised 8110106 Revised 11113106 Revised 1%9/07 8. GRADING. Prior to approval of a Final Plan for any portion of the Property,the CITY shall allow, and the DEVELOPER may commence,excavation,mass grading,filling and soil stockpiling,as well as construction of a temporary haul road for construction vehicles and equipment, in and upon the Property . The DEVELOPER agrees to comply with Ordinance 2003-19 for these activities. 9. CONTRACTORS'VEHICLES AND EQUIPMENT. The DEVELOPER's contractors' and subcontractors' supply storage trailers, vehicles, and equipment may be placed upon the Property in order to service a Phase or Phases,other than on proposed rights-of-way,and may remain upon the Property ppIX while such Phase or Phases_--- oaeem:unta the bsoanco of the ls" catiscate of occupancy for the Property are under substantial construction. 10. DEDICATION OF PUBLIC IMPROVEMENTS EASEMENTS AND RIGHTS- OF-WAY. A. All public improvements, including streets, storm sewers, sanitary sewers and water mains, constructed on the Property, and any easements or rights-of-way as may be necessary for the maintenance of such public improvements, shall be conveyed or dedicated to the CITY following their completion by the DEVELOPER and acceptance by the CITY. All such conveyances and dedications shall be accepted by the CITY in accordance with the Subdivision Control Ordinance, provided that the public improvements comply with the fmal engineering plans and specifications and all punch list items generated by the CITY have been satisfactorily completed by the DEVELOPER. Upon approval, dedications of land shall be conveyed by trustee's or quit claim deed or by recorded plat of subdivision, and,in the_case of.__,. personal property,all conveyances shall be by quit claim bill of sale. No further dedications of easements or rights-of-way shall be required of the DEVELOPER for any other purpose whatsoever. B. After the public improvements have been conveyed to and accepted by the MY, the DEVELOPER agrees to provide a one-year warranty period for said improvements. Following the warranty period, the CITY, at its sole cost and expense, shall be responsible for the maintenance,repair,restoration,and reconstruction of all public improvements. C. Within thirty (30) days after (a) receipt of notice from the DEVELOPER that certain of the public improvements within a Phase or Phases have been completed, and (b) delivery to the CITY of all required documentation, consistent with the final engineering plans and specifications, the City Engineer shall inspect said improvements and indicate, in writing, approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall,within the thirty 0 day period,be set forth in a written notice to the OWNER De wtz �1G reams�°Il ak iW n rtY( ) Y P ,' to detects in labor and mat«;ais,and no or DEVELOPER Ppon the OWNER's or DEVELOPER's correction of the items set forth_in� to item in the name orgmaal and ------------------ --- ordinary maaoteasoce 17 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 the notice, or objection to the alleged defects thereto, the City Engineer, at the OWNER's or DEVELOPER's request, shall re-inspect the improvements, as set forth in the City Engineer's previous notice, and either approve or disapprove the improvements, in writing, within thirty (30)days of receipt of the OWNER's or DEVELOPER's notice requesting the reinspection. As public improvements are partially completed and paid for by the DEVELOPER, the letter of credit, bond or other form of surety deposited by the DEVELOPER with the CITY pay be__-- Deleted:Shan proportionately reduced on an individual improvement-by-improvement basis. D. To the extent the CITY requires temporary or permanent easements for the construction, installation, and maintenance of the public improvements described in this Agreement,the CITY shall provide the OWNER over which such easement will be located and the DEVELOPER with a written request identifying the required easements including the requested size,location,uses(s)and length of term of such easements. Within thirty(30)days of receiving such request,DEVELOPER shall either(i)submit for CITY approval and acceptance one or more properly signed and executed plats of easement and/or agreements to grant such easements or(ii)meet with CITY staff to identify alternative sizes, locations,uses,or lengths of term for the requested easements. CITY and DEVELOPER shall negotiate in good faith to agree on final sizes, locations, uses, or lengths of term for the requested easements; provided, however, that the OWNER and DEVELOPER shall have no right to refuse any reasonable request of the CITY's for such temporary or permanent easements. All easements shall be granted pursuant to plats of easement and/or agreements prepared by DEVELOPER and at no cost to the CITY. 11. CONSTRUCTION GUARANTEE. The DEVELOPER may provide a construction guarantee in the form of either a bond, letter of credit or other security consistent with State law,to secure the installation of the public improvements for a Phase or Phases at the time of approval of a Final Plan for each Phase or Phases. The CITY agrees that if the DEVELOPER conveys the Property, or any part thereof, the CITY shall release the DEVELOPER from the construction guarantee to the extent of such conveyance,provided that the new owner of the Property provides a substitute construction guarantee that is substantially similar to that provided by the DEVELOPER 12. FEES AND DONATIONS. A. As further provided in the letter from the Yorkville School District attached as Exhibit H, in order to meet its land dedication and impact fee requirements for-schools, - Formatted:-Font:Bold DEVELOPER has a reed to finance the desi building construction of a school buildin "Yorkville Deleted:T —.Lo ---------- ------------------------- --------` - School Building") to be constructed on the approximately 15 acre parcel DEVELOPER is Deleted:mw the YorkvineSchool conveying to the Yorkville School District pursuant to the East Village Annexation Agreement. District have agreed that the The amount of such financing shall be equal to the amount of(i)School District Transition Fees DEVELOP]Rshan and (ii) School Land-Cash Fees-in-Lieu under CITY Ordinance No. 1996-3 as amended by CITY Ordinances 2003-12, 2004-22, 2005-37 ("City School and Park Impact Fee Ordinances"), required to be paid by the OWNERS or DEVELOPER for the benefit of the 18 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 Yorkville School District. CITY acknowledges and agrees that all School District Transition Fees and School Land-Cash Fees-in-Lieu collected by it under this Agreement shall be paid directly to DEVELOPER in exchange for such financing. The DEVELOPER shall have the sole right and obligation to determine the methods and types of financing and shall enter into a separate agreement with the Yorkville School District concerning such financing and the schedule for completion of construction of the Yorkville School Building. B. The DEVELOPERjs the contract purchaser of 53 acres north of Galena Road as ,_- odetea:owm depicted in`Exhibit G._�"North Galena Road Parcel'_ Within two years of the Effective Date,-_,-�DdeWd.mwtt�:Font Not pow,rat taut the DEVELOPER shall Fonyey,and the CITY shall accept,fee title to the 28.5 acres ofproperty__- within the North Galena Road Parcel depicted in Exhibit d ("Galena Parrk ParccP'). Upon conveyance of the Galena Park Parcel,the CITY agrees to annex the 53-acre North Galena Road Parcel in its entirety and to develop and use the Galena Park Parcel solely for the public recreational uses of the CITY. In addition,on or before the approval of a Final Plan that includes a Dark Parcel depicted on the Concept PUD Plan ("Neighborhood Park ParceF% the DEVELOPER shall convey to the CITY, and the CITY shall accept, such Neighborhood Park Parcel. The Neighborhood Park Parcels are depicted on the Concept PUD Plan as follows: 1. Neighborhood Park Parcel A consisting of two acres: 2. Neighborhood Park Parcel B consisting of two acres: 3. Neighborhood Park Parcel C consisting of two acres: 4. Neighborhood Park Parcel D consisting of two acres: 5. Neighborhood Park Parcel E consisting of five acres: 6. Neighborhood Park Parcel F consisting of seven acres:and 7. Neighborhood Park Parcel G consisting of seven acres. C. The DEVELOPER agrees that it shall have the right, but not the obligation, to design and install,at the DEVELOPER's sole cost,playground facilities and other amenities of a kind,quality,and in locations,at each of theVeiighborhood Park Panels depicted on the Qonc t_,_- Ddetee:park sins PUD Plan. Said playground facilities shall meet all current ASTM, CPSC and ADA j odeted:Ca=WPin requirements for playground standards. D. In the instrument conveying any land to be donated hereunder, or by separate agreement, the DEVELOPER shall reserve or receive such utility, roadway, drainage, construction and access easements and rights-of-way as may be necessary to facilitate the development of the Property. Such instrument of conveyance shall also provide that the grantee of the land to be donated shall agree to convey any additional easements or rights-of-way for DOWD&*uaml�a fW dw ' improve--nt and maynlww=of any such purposes as may be necessary to carry out the purposes of this Agreement 1a;d Ddetee: E. The DEVELOPER shall maintain the Galena Park Parcel and the NeiWftrhood_ % ;yr rye DEVELOPER Park Parcels o be donated to the CITY pursuant to this A ent until such Park Parcels are od~.by � ---------_-----� -- - -�ezr'-----------------------1'� ,accepted_by_ the CITY at which time_the CITY s hall become solely responsible for the,.- improvement and maintenance of such property. A; Veighborh�Park Parcels shall be used in °SOW`'a°d a - ---- ----------- -- WOW:suc6leods 19 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 a manner compatible with the qoncent PUD Plan and with the_DEVELOPER's use, _ - Deleted:Concept Plan ---- ith -- ----------------- development,and enjoyment of the Property. "' Deleted:,the east village Annexation Agreement,the South Village Annexation Agreement, F. The land and fee donations and contributions imposed upon the OWNERS and G. DEVELOPER by this Section 12 satisfy the intended purposes of the CITY's land dedication G. The PARTIES aclmowledge and and impact fee requirements for schools,parks,utilities and other public services pursuant to the agree that the(i)CITY Roadway t Improvement Contribution described in Requirements of Law including,but not limited to, the School and Park Impact Fee Ordinances Exhibit F shall be paid in an amount in effect as of the Petition Filing Date. Notwithstanding Section 22 of this Agreement, no equal to two thousand dollars($2,00D.00) per unit on the Property up to a total not increase in the CITY's school and park land or fee donation requirements,nor any substitute or to exceed five million two hundred replacement school and park land or fee donations,nor any ordinance of the CITY amending the eighty-four thousand dollars($5,284,000) t r0o,Roaduw IxW-vetnent School and Park Impact Fee Ordinances, shall have any further application to the Property. Contribution°)and(it)County Roadway Except as specifically provided for in this Agreement,no donation of land or payment of any fee Improvement Contrbution described in Exhibit F shall be paid in an amount to the CITY shall be required of the OWNERS or DEVELOPER r equal to one thousand five hundred forty- nine dollars($1,549.00)per unit on the --------------------------------;---------------------------- Property up to a total not to exceed four G.___As-provided in the letter attached to this Agreement as Xxhibit I,,within_two million ninety-two thousand,four years of the Effective Date,the DEVELOPER PER shall convey to the Bristol-Kendall Fire Protection_'i hundred fifty-eight dollars(s4,092,458) ("Count'Roadway r.1vto ement District fee title to 2.5 acres of property within the North Galena Road Parcel as depicted in Contribution").To the extent the Exhibit G. ("Fire Station Parcel"). Such conveyance shall include language requiring the Fire Developer pays for the costs of desigamg and constructing Comeils Road,Galena Protection District to design and construct a fire station on the Fire Station Parcel within 18 j Boulevard,East and West Beecher Road, months following such conveyance and if such fire station is not installed, available, and i Westbury Boulevard,West village Road, or Eldemain Road,such costs shall be operational within such 18 month period, that the Fire Protection District shall reconvey fee I credited against the DEVELOPER's City simple title of the Fire Station Parcel to the DEVELOPER, shall remove all improvements 11 and County Roadway Improvement Contributions on a dollar for dollar basis, thereon, restore the Fire Station Parcel to the same condition as existed as of the sate of 1 with any excess amounts being conveyance, and remove any encumbrances to title recorded after conveyance unless such 00 reimbursed to the DEVELOPER,upon the submission by the DEVELOPER of encumbrances are otherwise acceptable to the DEVELOPER 11 evidcnce aemizing such coos. f The City and County Roadway 3 BUILDING PERMITS. t Improvement perdw sling shall basis. ' ° allocated oil a per dwelling unit basis 0 H. The DEVELOPER agrees to A. The CITY shall issue building permits for which the OWNERS or DEVELOPER it P contribute one hundred thousand dollars shall apply within a reasonable period of time after the date of application therefor or within a ; a ($100,000)to food the Western Corridor P Roadway Study. This study will be reasonable period of time after the CITY's receipt of the last of the documents and information ; conducted by the cm and will be used q support PP P (� y d m determined the final geometry and required to s ort such application. Such period of time shall not exceed lfteen 5 da s o, design of the Beecher Roadway Corridor where application is made by the DEVELOPER pursuant to master building plans therefor' ; 0 from Route 34 to Baseline Road.y approved by the Corporate Authorities, nor thirty (30) days in any other instance. If the ', ;�o Deleted:I application is disapproved, the CITY shall provide the applicant with a statement in writing 1, ;' Formatted:Forst;Bold within such period,specifying the reasons for denial of the application,including specification of 6 ; Deleted:W the requirements of law which the application and supporting documents fail to meet. The CITY ' Delete :J. The DEVELOPER shell shall issue such building permits within ten(10) days of the applicant's compliance with those `„ reimburse the CrIY for no more than are requirements of law so specified by the CITY. it million two hundred thousand dollars ($i,z00,0o0)oftheCrfY'sengineering costs for designing the widening B. The DEVELOPER may apply for building permits to begin construction on it improvements to minis Route 42 portions of the Property provided that base course streets and necessary sanitary sewer and water 1111 between Baseline Road and Can .. 4 facilities and improvements are properly installed to serve such buildings or units and adequate Deleted: Deleted:10 20 DRAFT 6118106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11/13106 Revised 1/9/07 areas of parking are provided for private,company,and delivery vehicles. The CITY shall grant such applications with the understanding that no occupancy permits shall be issued other than in compliance with Section 14 of this Agreement. The DEVELOPER shall provide a hold harmless letter to both the CITY and the Bristol-Kendall Fire Protection District upon application for building permits under this Paragraph B. The DEVELOPER agrees that all new fire hydrants shall be bagged until they are placed into service. C. The CITY shall permit the DEVELOPER to install holding tanks and temporary sewage treatment and water facilities to serve sales offices, temporary structures and models permitted under this Agreement,provided: 1. All laws governing construction, installation and operation thereof are complied with;and 2. Such holding tanks,temporary sewage treatment and water facilities are removed and disconnected,at the DEVELOPER's sole cost,within sixty(60)days of the date permanent sewer and water services become available and connected to such structures. 14. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for any dwelling on the Property within three(3)days of proper application therefor or within three(3)days of the receipt of the last of the documents or information customarily required to support such application,whichever is later. If the application is disapproved, the CITY shalt provide the applicant with a written statement specifying the reasons for denial of the application, including specification of the Requirements of Law which the application and supporting documents fail to meet. The CITY shall issue certificates of occupancy within three (3) days of the applicant's compliance with those requirements of law so specified by the CTTY. B. Temporary certificates of occupancy shall be issued by the CITY when conditions within reason do not permit completion of interior and exterior work;provided that: 1. Adequate security,which may be by a bulk surety in the form of a bond,has been posted with the CITY, or arrangements have been made with a title company designated by the DEVELOPER, in order to ensure the completion of such improvements;and 2. Binder course streets and necessary sanitary sewer and water facilities and improvements are properly installed to serve such buildings or units. C. No certificate of occupancy shall be applied for by the DEVELOPER or issued by the CITY until the building or structure which is the subject of the application is connected and 21 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 1/9/07 able to be served by an adequate sanitary sewer and water supply, provided however that the CITY shall issue certificates of occupancy if the access roads are not paved but contain a binder course surface. Notwithstanding the foregoing, the CITY shall issue temporary certificates of occupancy for model buildings and sales offices prior to the availability of sanitary sewer or water service. 15. MODELS,SALES OFFICES AND SIGNAGE. A. Until the development of the Property is completed,the DEVELOPER shall have the right to construct and maintain model homes on the Property without restriction as to the number or location before the base course of asphalt is laid. The DEVELOPER shall be required to obtain building permits and certificates of occupancy with respect to such models, normally and customarily required by City Code, subject to the other provisions of this Agreement. The DEVELOPER may utilize such models as project offices for the marketing of the Property. B. The DEVELOPER shall have the right to construct and maintain sales offices, including, without limitation,sales trailers, on the Property without restriction as to the number or location, in addition to the models used as sales offices described in subparagraph A of this section before the base.course of asphalt is laid. The DEVELOPER shall have the right to construct other temporary structures, such as construction trailers. The DEVELOPER shall be required to obtain building permits and certificates of occupancy with respect to such sales offices,normally and customarily required by City Code, subject to the other provisions of this Agreement. C. Models,sales offices,temporary structures,temporary parking lots,and signs may be constructed and maintained on portions of the Property prior to approval of a Final Plan, provided that the DEVELOPER has applied for approval of a Final Plan, and provided further that the location of any models are in locations consistent with thej!reliminaa PUD Plan_ The _- Deleted:P.iivanaryPlan DEVELOPER shall be permitted to erect temporary fencing to enclose the areas, including - parking areas,around models. D. The DEVELOPER shall have the right to construct, install and maintain signs, including temporary flags for sales events, on the Property, without restriction as to number, location, or size, advertising the sale, leasing, marketing, or development of the Property. The DEVELOPER shall also be permitted to illuminate the signs and models to ensure their visibility. E. The CITY shall permit the DEVELOPER,and its duly authorized representatives, to install temporary waste water holding tanks, water facilities and unpaved, granular roads to serve sales offices,model homes and other temporary structures permitted under this Agreement, provided that such tanks and water facilities shall be removed and disconnected, at the DEVELOPER's sole cost,at such time as public sewer and water systems become available and 22 DRAFT 6118106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 the structures are connected thereto and provided further that the DEVELOPER shall pave such roads when that portion of the Property is developed. F. Permanent entry monuments shall be allowed at each major entrance to the Property and at the entrance(s) to each separate "pod" within the Property. Said monuments shall be of brick,stone or other permanent material,and shall contain an identification sign with the name of the community and the DEVELOPER's name and logo. Said monuments shall not be located within any public right-of-ways or easements and shall remained owned and maintained by the Association established in Section 20. G. All traffic control devices in the Property shall be designed and installed in compliance with Illinois Department of Transportation standards and specifications as provided in Article III of the Illinois Vehicle Code (625 ILCS 5/11-301 et seq.) ("100T Device Standards"). The DEVELOPER shall have the right, at its sole discretion, to design traffic control devices characteristic to the Westbury development subject to CITY approval, which approval shall not be unreasonably withheld,and provided that such devices comply with IDOT Device Standards. . 16. BUILDING PLANS. The DEVELOPER shall have the right to submit to the CITY for its review and approval, a master building plan for each different model of single family dwelling to be constructed on the Property. Subsequent to the approval of any master building plan as aforesaid, all applications for building permits in substantial accordance with a master building plan shall be deemed approved by the CITY and no further submission or approval of building plans shall thereafter be required for the issuance of a building permit for the construction of any building pursuant to an approved master building plan Nothing herein, however,shall be construed as a waiver of the requirement that a building permit be obtained and the appropriate permit fee paid as required by the CITY building code for each building to be constructed on the Property,subject to the terms of this Agreement. 17. OPEN SPACE The CITY acknowledges and agrees that the proposed development depicted on the Concept PUD Plan contains unique_oQen space features including, but not limited to,_a golf --- odeted:car clan -- --- - course of approximately 170 acres, approximately 149 acres of detention/retention, and other open space areas that were not necessarily contemplated for in CITY ordinances, regulations, standards and rules, including, but not limited to, the open space requirements described in the Specification Standards(collectively"Open Space Laws"), that govern the amount of required open space for planned unit developments and subdivisions of the density, size, and use described in this Agreement. As a result,the CITY agrees and acknowledges that the open space areas incorporated into the proposed development depicted on the Concg2t PUD Plan shall ---4 odecea:comp:Pty satisfy all CITY requirements regarding the amount of required open space in lieu of any 23 DRAFT 6129106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised IU13106 Revised 1/9107 contrary or additional requirements in the Open Space Laws in effect as of the Petition Filing Date,including, without limitation,standards for the amount of storm water detention/retention, and any and all such amendments thereto that may be adopted during the tern of this Agreement. 18. SPECIAL SERVICE AREAS SPECIAL ASSESSMENTS TAXATION AND RECAPTURE. A. Upon request of the DEVELOPER, the CITY shall conduct all public hearings, enact all ordinances, and grant all approvals required by law to establish one or more special service areas pursuant to the Illinois Special Service Area Tax Law(35 ILCS 200/27-5 et seq.), special assessments or special taxes pursuant to Article 9 of the Illinois Municipal Code, or similar funding mechanisms acceptable to the DEVELOPER over all or a portion of the Property as a primary funding mechanism for the design, construction, and installation of the public improvements identified by the DEVELOPER including, but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities,stone drainage systems and storm sewers,site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, landscaping,wetland mitjgation and tree installation,costs for land and easement acquisitions_or___- Deleted:and equipment and materials dedications relating to any of the foregoing--- mprovements, required tap-on and related fees for ry f«:ne:na�n�nenee:nereo� water or sanitary sewer services and other eligible costs. At the request of the DEVELOPER,the CITY shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the CITY in amounts sufficient to fund the public improvements to be retired over a period not to exceed forty(40)years from the date of their issuance. The bonds shall be retired by the levy of an annual tax or assessment levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area. B. Exceot for the establishment of a Dormant SSA as provided in Section 20 of this Agreement. the CITY shall not, without the prior written consent of DEVELOPERS ja) levy ,- Deleted:w against any real or personal property within the Property, any special assessment or special '' Deleted:the MY shall not taxation for the cost of any improvements in or for the benefit of the Property; or(b) impose additional taxes upon the Property, in the manner provided by law for the provision of special services to the Property or an area in which the Property is located or for the payment of debt incurred in order to provide such special services, including specifically, but not by way of limitation,the creation of"special service areas"or the levy of differential taxes with respect to or in the Property. Nothing in this section shall prevent the CTTY from levying or imposing additional taxes upon the Property in the manner provided by law for the provision of special services to the entire CITY, which additional taxes are ratably applied to all other areas in the CITY on a valuation basis,or from levying or imposing additional taxes upon the Property which are applicable to and apply equally to all other properties within the CITY. 24 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 1/9/07 C. The CITY agrees at the request of the DEVELOPER,to enter into agreements for recapture for all or a portion of the total cost of improvements benefiting properties not exclusively serving the Property and constructed or paid for by the DEVELOPER Any such recapture agreement shall identify the benefited properties and their proportionate benefit or use of the improvements for purposes of establishing the recapture amounts. Each recapture agreement shall be subject to approval by the DEVELOPER, which approval shall not unreasonably be withheld. D. In every transaction for the sale of any portion of the Property by an OWNER to an entity not under the control of the OWNER("Subsequent Buyer'), the special service area informational notice attached to this Agreement as Exhibit J("SSA Notice')shall be attached as_ odda&'e a rider to the sales contract. The sales contract shall also require the Subsequent Buyer to provide a copy of the SSA Notice to any future purchaser of the Property up to and including the purchaser of the fast improved unit on the Property. In addition, upon the first sale by an OWNER to a Subsequent Buyer,the Subsequent Buyer shall record a copy of the SSA Notice with the Kendall County Recorder so that such SSA Notice shall run with the title of the purchased property. 19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS. Upon request of the DEVELOPER, the CITY shall enact all ordinances and grant all approvals required by law to approve one or more economic development incentive agreements in substantially the form attached to this Agreement as Exhibit 5 as germitted by and pursuant -_- odeWd:i to Section 8-11-20 of the Municipal Code to share or rebate fifty percent(50%)of the retailers' sales or occupation taxes generated by a qualified portion of the Property for a period no less than ten (10) years following the issuance of certificates of occupancy for the portions of the Property. At the request of the DEVELOPER,the C=shall also adopt ordinances authorizing - the issuance and sale of bonds of no recourse to the CITY to be paid from such retailers'sales or occupation taxes. 20. COVENANTS CONDITIONS AND RESTRICTIONS; HOMEOWNERS' ASSOCIATION. The PARTIES acknowledge and agree that the development of the Property shall proceed in conformity with, and that no development shall occur other than in accordance with, the ,Concept PUD Plan(or any_ rel-irminary PUD Plans approved by_the CITY)and such covenants, - odeoea:cooapc Pig ------ - - -- ----------- - conditions, and restrictions to be prepared by the DEVELOPER and recorded against the Wow:PmHmin y Plan Property which covenants shall include,without limitation, the obligation of the DEVELOPER and OWNERS to payment of all required development fees,costs,and contributions as provided for in this Agreement. The OWNERS and the DEVELOPER shall establish one or more declarations of covenants, conditions and restrictions, establishing one or more Homeowners Associations 25 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 1/9/07 ("Associations")among lot owners within the Property. The Association shall have the primary responsibility and authority to maintain all common facilities within the Property and shall levy assessments against lot owners within the Property sufficient to meet such maintenance obligations. The maintenance responsibility of the Association shall include regular care, maintenance,renewal and replacement of the common facilities including storm water detention areas and without limitation,the mowing and fertilizing of grass,pruning and trimming of trees and bushes,removal and replacement of diseased or dead landscape materials,and the repair and replacement of fences and monument signs, so as to keep the same in a clean,sightly and first class condition. The OWNERS and the DEVELOPER agree that the CITY may establish a Dormant Special Service Area("Dormant SSA")for a Phase or Phases at an ime ollowin approval_of -- Deleted:we a Final Plan for a Phase or Phases to act as a back up if Association fails to maintain the common ''' Deleted:d facilities provided, however,no Dormant SSA tax shall be levied or assessed on any portion of the Property unless(i)there is a material failure to maintain the common facilities,(ii)the CITY provides the Association notice of such failure and(iii)the Association fails to cure such failure within 60 days of receiving such notice. Any Dormant SSA taxes levied or assessed under this paragraph shall be at rates sufficient to generate revenue to pay, and shall be used solely and exclusively,for the CITY's costs of performing the maintenance activities. 21. CITY INSPECTIONS. In the event the CITY's administration of the development of the Property requires additional personnel to conduct inspections of public improvements constructed by the DEVELOPER on the Property,the,CTTY shall have the right to designate a qualified engineering___- Ddeted:DEVELOPER firm mutually acceptable to the CITY and DEVELOPER, which approval the DEVELOPER shall not unreasonably withhold, to provide inspections of such public improvements. Such - inspections shall be in lieu of inspections by employees of the City. The cost of all services performed by such engineering firm pursuant to this Section hereof shall be paid by the DEVELOPER 22. APPLICABILITY OF LAWS AND FEES. A. No amendment to City Codes governing the development of the Property including, but not limited to, the CITY's Zoning and Subdivision Ordinances, that is adopted after the Petition Filing Date shall apply to the Property during the term of this Agreement except the following. 1. Amendments expressly required by this Agreement;and 2. Amendments to which the Owner has expressly consented in writing. 26 DRAFT 6128106 ATTACHMENT 3 Revised 8/01106 Revised 8110106 Revised 11113106 Revised 1/9107 B. Other than fees adopted by YBSD and the Bristol-Kendall Fire Protection Distri uring the first fiveyears following the Effective Date,the CITY shall impose upon and - Deleted:D collect from the OWNERS and/or DEVELOPER,only those fees and charges,in such amount or at such rate, as are in effect on the Effective Date as itemized in JE xhibit On the fifth ,- Pomiaaed:Font Not ead anniversary of the Effective Date and continuing through to the tenth anniversary of the Effective '' Deleted:t Date,such fees and charges in effect on the Effective Date shall be imposed in those amounts,or at those rates, in effect as of the fifth anniversary date of the Effective Date. On the tenth anniversary of the Effective Date and continuing through to the fifteenth anniversary of the Effective Date,such fees and charges in effect on the Effective Date shall be imposed in those amounts,or at those rates,in effect as of the tenth anniversary date of the Effective Date. On the fifteenth anniversary of the Effective Date and continuing through to the end of the term of this Agreement, such fees and charges in effect on the Effective Date shall be imposed in those amounts,or at those rates,in effect as of the fifteenth anniversary date of the Effective Date. 23. TERM. The term of this Agreement shall be for 20 years from the Effective Date. 24. REMEDIES. A. This Agreement shall be enforceable in any court of competent jurisdiction by the PARTIES, or by any successor or successors in title or interest or by the assigns of the PARTIES. Enforcement may be sought by an appropriate action at law or in equity to secure the performance of the covenants,agreements,conditions and obligations contained herein. B. The DEVELOPER may terminate this Agreement if the CITY should fail to annex and zone the Property in the manner provided in this Agreement. C. In the event of a material default under this Agreement,the PARTIES agree that each PARTY shall have thirty(30)days after notice of said default to correct the same prior to the non-defaulting party's seeking of any remedy provided for herein. Said thirty (30) day period shall be extended,for a reasonable time, if said default cannot reasonably be cured within said 30 day period, provided said party has initiated the cure of said default within said 30 day period and continues to diligently prosecute the cure of the same. D. If any PARTY shall fail to perform any of its obligations hereunder,and the other party affected by such default shall have given written notice of such default to the defaulting party,and such defaulting party shall have failed to cure such default within the applicable time period provided for in paragraph C above, then, in addition to any and all other remedies that may be available, either in law or in equity, the party affected by such default shall have the right,but not the obligation,to take such action as in its reasonable discretion and judgment shall be necessary to cure such default, and in such event,the defaulting party hereby agrees to pay 27 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 and reimburse the party affected by such default for all reasonable costs and expenses incurred by it in connection with the action taken to cure such default. E. In the event the performance of any covenant to be performed hereunder by any PARTY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include,but not be limited to, acts of God, inclement weather conditions, strikes, material shortages, lockouts, acts of civil disobedience and the revocation, suspension or inability to secure any necessary government permit, license or authority)the time for such performance shall be extended by the amount of time of such delay. F. 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. 25. MEDIATION. Any dispute which may arise relating to this Agreement between two or more PARTIES that can not be resolved to the satisfaction of each such PARTY shall first require the such PARTIES to participate in mediation in accordance with mediation practices and procedures of the Circuit Court of Illinois for the Sixteenth Judicial Circuit;provided,however, that such mediator shall be a former federal or Illinois appellate court judge,unless the PARTIES otherwise mutually agree; and provided further that either party may terminate such mediation upon(thirty)30 days'written notice to the other party. Such PARTIES agree to share equally in the costs of the mediation which shall be administered by one mediator acceptable to such PARTIES. The mediator shall provide a written opinion upon the request of any PARTY to the dispute. The PARTIES acknowledge and agree that materials filed in such mediation shall be deemed to be confidential records relating to litigation. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreement and negotiations between the PARTIES relating to the Property but specifically does not supersede in any manner the terms and conditions of the East Village Annexation Agreement or the South Village Annexation Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between and among the PARTIES relative to the Party and the subject matter of this Agreement,and there are no promises,agreements,conditions,or understandings,either oral or written,expressed or implied,between or among them,other than as herein set forth. B. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the PARTIES unless reduced to writing and signed by them or their successors in interest or their assigns; provided, however, 28 DRAFT 6128106 ATTACHMENT 3 Revised&101106 Revised 8110106 Revised 11113106 Revised 1/9/07 that any amendment affecting only a portion of the Property shall be effective upon the execution of an instrument by and among the CITY,the DEVELOPER,and the O -AR or OW--N----S-of- -- odeea:OWE such portion of the Property. C. All recitals and exhibits to this Agreement are incorporated-herein by this reference. 27. APPROVALS. Whenever any approval or consent of the CITY,OWNERS, or DEVELOPER or any of their departments, officials or employees is called for under this Agreement,the same shall not be unreasonably withheld,conditioned,or delayed. 28. SEVERABILITY. In the event any provision, phrase, paragraph, article or portion of this Agreement is found to be invalid, illegal or unenforceable by any court of competent jurisdiction,such finding of invalidity,illegality or unenforceability as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. Ii; for any reason, this Agreement, or any provision hereof, is ruled invalid, in whole or in part, the CITY shall expeditiously take such action(s)(including the giving of such notices,the holding of such public hearing and the adoption of such ordinances and resolutions)as may be necessary to give effect to the spirit of this Agreement and the intentions of the PARTIES as reflected by the terms of this Agreement. Neither the PARTIES,nor any party claiming by or through them,shall contest or dispute the validity, legality or enforceability, or assert the invalidity, illegality or unenforceability, of any phrase, paragraph, article, or provision of this Agreement or of any ordinance adopted by the CITY pursuant to this Agreement. 29. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the PARTIES and their respective successors and assigns,including successor members of the Corporate Authorities and successor grantees, purchasers, and owners of the Property; provided, however, that no person shall be deemed as successor or assign of the DEVELOPER except upon written acknowledgement by the DEVELOPER Notwithstanding the foregoing, DEVELOPER may delegate the exercise of any rights or obligations of DEVELOPER pursuant to this Agreement to any person;provided that such delegation is in writing addressed to the CITY and sets for with particularity the rights and obligations of the delegatee. 30. TIME Time is of the essence of this Agreement and all documents, agreements and contracts pursuant hereto. 29 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised M107 31. NOTICE. All notices,elections or 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 such other address as the PARTIES may,by notice,designate: If to the CITY: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Attn:City Manager with a copy to: John Wyeth,Esq. City Attorney 800 Game Farm Road Yorkville,IL 60560 If to the DEVELOPER: Michael J.Ferraguto Ocean Atlantic Chicago LLC 1800 Diagonal Road Suite 425 Alexandria,VA 22314 and Patrick J.Hughes Ocean Atlantic Chicago LLC 1751 W.Diehl Road,Suite 130 Naperville,IL 60563 with a copy to: David S.Warner,Esq. Freeborn&Peters 311 S.Wacker Dr.,Suite 3000 Chicago,IL 60606 If to the OWNERS: /List All OWNERS) Notices shall be deemed received on the third business day following deposit in the U.S.mail,if given by certified mail as aforesaid,and upon receipt,if personally delivered 32. RIGHTS CUMULATIVE. Unless expressly provided to the contrary in this Agreement,each and everyone of the rights,remedies,and benefits provided by this Agreement 30 DRAFT 6/28/06 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11/13106 Revised 119107 shall be cumulative and shall not be exclusive of any other rights,remedies,and benefits allowed by law. 33. JOINT AND SEVERAL LIABILITY. All liabilities, obligations, and duties provided for in this Agreement are the joint and several liability, obligation, and duty of the PARTIES. 34. GOVERNING LAW. This Agreement shall be governed by, and enforced in accordance with,the internal laws,but not the conflicts of laws rules,of the State of Illinois. 35. COUNTERPARTS. This Agreement may be signed and executed in one or more counterparts with each having the effect of original signature. (SIGNATURE AND EXECUTION PAGES TO BEADDEDI ,2610590 ------------ --------------------------------------------------- oekee&12287824 l 31 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 EDIT D Exceptions to Applicable Codes Subdivision Control Ordinance No 20114-52 Adopted 0928-04 _-_ _---___ Deleted: 1) Section 7.06 Street Jogs: DeIeW:3 eleted:os Subdivision Control Ordinance Requirement: DD! . Street intersection jogs with center line offsets of less than one hundred fifty (150) shall be prohibited. Variance Requested: An exception for eyebrows with landscaped islands or driveways into motor courts. 2) Figure 2 on page S23: Subdivision Control Ordinance Requirement: Minimum radius to Centerline of Horizontal Curves for Local, Minor for row house and apartments,150 ft Variance Requested: The ability to decrease to 60'radius on internal loop streets with less than 30 units. One Family Residence District Single Family Detached: 1) Minimum Lot Size: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance(Chapter 6;Article B- R-2 One Family Residence District;Section 10-6B-3:Lot Area.and Allowable Density;Item B) Lots served by both public sewerage and water facilities shall have an area of not less than Twelve Thousand(12,000)Square Feet and a width at the building line of not less than eighty feet(80'). Density shall not exceed three and three-tenths(3.3)dwelling units per acre. Variance Requested: Minimum lot size shall be The Thousand (10,000)Square Feet when the lot abuts open space. Cluster homes, zero lot line and age-targeted single-family lots can be a minimum of Six Thousand(6,000)Square Feet. 2) Residential Side Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance(Chapter 6;Article B- R-2 One Family Residence District;Section 10-613-4:Yard Areas;Item B—Side Yards) 32 DRAFT 612$106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised M107 A side yard on each side of the zoning lot of not less than Ten Feet(10')or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to Thirty Feet(30'). Variance Requested: The exterior comer side yard adjoining a street shall be a minimum of Twenty Feet(20')and all other side yards required to have 10%of the lot width. General Residence District: Courtyard Homes-Single Family Attached: 1) Residential Front Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items;Item B-1) Front Yard:Not less than Thirty Feet(30'). Variance Requested: Front yard not less than Twenty Feet(20'). 2) Residential Side Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items;Item B—2) Side Yards:Two(2)side yards, each Twelve Feet(12')in width;or,a side yard of sixty percent(60%)of the building height(whichever is greater),except a side yard adjoining a street shall not be less than Twenty Feet(20')in width. Variance Requested: Side Yards:Two(2)side yards,each Ten Feet(10')in width. Side Yard adjoining a private street If adjacent to a private street,the minimum side yard shall be Twenty Feet(20')from the edge of pavement 3) Residential Rear Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items;Item B-3) Rear Yard:Rear yard not less than Forty Feet(40')in depth.(Ord.1973-56A,3-28-74) Variance Requested: Rear Yana:Rear yard not less than Thirty Feet(30')in depth. Townhomes-Single Family Attached: 1) Residential Front Yard Setbacks: 33 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8110106 Revised 11113106 Revised 119107 Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items;Item B—1) Front Yard:Not less than Thirty Feet(30') Variance Requested: Front Yard:Not less than Twenty Feet(20) 2) Residential Side Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items;Item B—2) Side Yards:Two(2)side yards, each Twelve Feet(12')in width;or,a side yard of sixty percent(60%)of the building height(whichever is greater);except a side yard adjoining a street shall not be less than Twenty Feet(20')in width. Variance Requested: Side Yards:Two(2)side yards,each Ten Feet(10')in width. Minimum Buildina Separations—Single Family Attached: Minimum building separations in Single Family Attached Pods shall be as follows: a) Rear to Rear 60' b) Front to Side 40' c) Garage to Garage 60' d) Side to Rear 40' e) Side to Side 20' f) Front to Front s0' Minimum Roadway Standards-Single Family Attached: 1) Minimum Right-of-Way Width: Subdivision Control Ordinance Requirement United City of Yorkville Subdivision Control Ordinance "Figure 2"identifies a minimum right-of- way width for Local,Minor streets for row houses and apartments as Sixty Feet(60'). Variance Requested: Right-of-way width for Local,Minor streets for multi-family parcels-Sixty Feet(60'). 2) Minimum Roadway Width: Subdivision Control Ordinance Requirement United City of Yorkville Subdivision Control Ordinance"Figure 2"identifies a minimum roadway width for Local,Minor streets for row houses and apartments as Thirty Feet(30'). 34 DRAFT 6128106 ATTACHMENT 3 Revised 8101106 Revised 8/10/06 Revised 1.1113106 Revised 119107 Variance Requested: Roadway width for Local,Minor streets for multi-family parcels with no on-street parking-Twenty Four Feet(24') 35 ATTACHMENT3 trills lo i if 4 Jill $ _ ago a Jill i CCCECE CGECCC_EC,y e $ „,ea.as2s:sSa l »s C.g.Jasegag S E ..».0..aae2 B , 1 s L b , O i f t rAL I�IYt/�Ery{ ,—Y_ 0607-EXH�r B PLAN ,...».. e..a.......,.°....��.,. • � • aoK[� r� l,aMnaFn, " ,pewp,wsr scan, ew.r a,es away Oir..a.� p lm s•rMe° The drawings presented are conceptual In nature and are intended to illustrate character and design intent only Thew drawings are subject to change based on final design considerations such as local planning - and zonin regulations,engineering requirements,final architectural design.etc. Views to Diagonal OiOff Parking RetaiVOffice(12K sf.) Villas/Retail/Commercial with Residential above (40 Residential Units) (6 Units) Access to Hole Underground a18 Parking Green Town Hallf Chapel (8K sf.) Main Entry Monumentatbn -.q NORTH VILLAGE MIDDLE VILLAGE J Traffic Circle Westbury Boulward Banquet V"•'' �' Hall Swim! i' Pool Cabana 1 SK sf _ Fitness 3K zf. lawn i�_ Shad*Structurn �:� Open Open Play Play Aaess to Underground `Entertainment / Country Parking Terrace ` Club _ �' Recall/Recreation 16K sf r- (16k sf.) Co'n Street Park ng 111 along Village Green Y - Tennis ®, VIIIage Green with Outdoor Caft /Unrg deround Parking Golf Shop) DEVELOPMENT SUMMARY ~\ /otfcart 7Ks1 l Staging Retail/Restaurant(I 5K sf.) Total Building Area. 123,000 s.f. - with Residential above -Intduded In Middle Village:111,000 sf. (6(6 units) -Included in North Village:12,008 s.l. / j�18K sf.) u Hole Total Residential Units; Vi with Residential above / al Tee -Village Townhnmes/VdWr 70 / ///''' i 14 Units) 1 s' -Middle Village:30 Golf , / w Secondary Entrance -North Village 40 practice Area / Practice $ -VIIIage Lofts. 16 Green -Middle Village:10 / Surface Golf Starter's Shack -North Village:6 �F% Parking Total Parking Required: 582 spaces _ -Co.— iaVOffice @l/300s.f.:410 / Viewsto Golf Cart Tunnel -Residential ps 2/d u.:172 / / Golf Total Parking Spaces Provlded:624 spaces -Surface 90:223 i Surface Angled:64 -On-5treet.17 -Underground:320 Villa onset (30 Un. (30 mts) /��" +vita a 1 ocean atlantic T r�y� TYPICAL VILLAGE CENTER lld ya Ilk IBksois January 10,2007 �� � LAND PLAN westbury ocean atlantic I j G q E 266 APARTMENT UNITS /� --_ _ 18 ACRES It o g—W COMMERCIAL jorl 16 AC If it B-1 \--\ -------------- -- � CLUBHOUSE '� 3 AC � cA 4—W R-4 \ i MULTIPLEX—B � TOWNHOUSE � I PARK ` �, - ��'� 1 —N 16 AC 160 UNITS r/ � 7 AC R-4 �� ,i' / \ MULTIPLEX—B TOWNHOUSE RETENTION .\ 1 AC \� 210 UNITS / 11 AC BLOOD600D 5HARP 13U5TER LAND PLAN garden apartments ocean atlantic 4- N ' R - 4 !! I MULTIPLEX- 13 TOWNHOUSE L i 13 AC 130 UNITS JIM ARM Ark I , �i B I GOLF COURSE 72 AC I Aft I 8 I� o I B - 1 COMMUNITY/ CLUBHOUSE 7 AC j BLOODGOOD 5HARP BU5TER LAND PLAN villas ocean atlantic t GARDEN APARTMENTS Westbury ocean atlantic ' 1 - -- L q I • J ' "° � = fit.• �.- :1 � � � _ �. �"�'�'': w�e� _ =�. �� �1 1 t AA rol �iIl A m �.,,;,,�,. ' :• ; _��� �aM k�'awl���.` '�' •u � it L 7 .r3:.'l__ !z� i =:•� ,.�r'I'i' ..•. t a`s�• ``:'�arse- !. S !!:l::iiiNiii �:::t•'� E:.:�J►�ri� l�J■■3: -Uwe imull Air 1► iinnie ;iaiiici � I _ � r . w — i w a ,s[ -� 'tea• _ _ _....... ._. a Ada- s �3. c � � - �1 If - 1 SS. _ 1 11 LI.ffiTic I • F�� lU VILLAS Westbury ocean atlantic � � n.a. wnumnumu.• ._... _, ,awe _ — - - - " --- -,. unu■Iau■a. �uarunlwuua '` _ ._. -"' a,~'r. �°•-•-.-.-._. d ■annNNnn. -.nom onto•, `a' :T4vEc ...�?irdr.awr'ww-°y - - --_ -- �F "_...5 .iamnN l�■INnr n■Knrn al■■m■N r/nan.■. vnw ' u n ' r1a1■ i s _ 11111:.. _ .Y... ..'.__'ytN•.. _ �.fj. :;�,c....: ��y'J i■esllRlaral/nnailrla\al11aH�• • IMa/1aNL..1•. '.... - . — �: ! r _ ..c-•-_.!' .. loiaauwunnamrnru�iul-. �rcun rua. `v ._.�- � '�:. _�». ..._. _.- ,:.. :.; .._ --_,. r - _'. ... s®��:iin. `U -,.. _ - -`^- ' �imwurenm■umnr■1■umt■u■.. vnr.=�i�aan rw "_ ate. ��•�' axiau■auan. -. _ _ imo nulun�lna. .. � .�„ _ `_ ._.. � _ �_- _ _ ♦�Jei�iuuuaJ� :. _ - �':. _. uau■---- a■i�rry •au■■uaunuauw - _. y _ _ _., nna' A _. - nuiac ,IOa s _ -- --. - .: ._ _ ■siguisn u/ _ NI■a1n t■% J1•�J• �- A#la{1iNinaHaa46UA nouu�- iL, � ��. nrsswns. ._ .. •_ a \_� ' i __. ----.-_. --T/�■Ia u�'� �a •�� � ' � - `" . I l l i: �' T T�T� L �i•i� .�� I R _ aiart AY1. 1.� Ii.l t' 11 111 �.,� ' � IM l�l�l�lia i/tl , l�l�al��� �'nr —0000--o fr�■H eoo--= . +ia , ii 's : �" � �� i i 1- �_./I�J` __ •. .. .7 __ i � -`�.tJ'�J . T'. �1 r �_a.�a , ' i"i1.14'id.%.1 ; >♦ _. ,-• a�-�� ... �.� .I i�b - � 1 I • I I - y I� n / / J-/-}-- 111 1 _ _ ■ 'rsl 1... I 'aD:� �+' _. :... _ � .�4 {>ti: t � � � ��� �.• �; Dit', 1 iiin. ul ieu'11: Im m Im i ri�ul littt i II� II� I�I�I� 1 _,�•...a•._._��. . li�l�l�l�l�l�l�l� �;,; ,. ;:'_ • ..,Ii�I�I�I�I�I�I�I� _ ;.,�.-. .- .__. .°•,n........� _!.�_� _ _,__ila-c->. • ' • / r r r 156'-3" I I Unit B = 1440 SF i Unit B = 1440 SF Unit C = 1750 SF - Unit C = 1750 SF Patio Bedroom 2 Bedroom 2 M.Br - 1u1.B�) Pat - F v i { Patio M. Bedroom G M.Bedroom M.Bedroom fitchen =a Kitchen M.Bedroom ti k: Kitchen ' Kitchen T I C < O 1, 2 Car Garage 2 Car Garage! M.B.O Util. Util. a M.B. Great Room Great Room Great Room j Great Room K i s" Util. Util.' � Den � _ I ' � Den r—i TI I 2 Car Garage i i 2 Car Garage i Bedroom 2 a Bedroom 2 V V ate, 1 F i B' i M.Bedroom M.Bedroom . Util Util. i i Dining Kitchen Kitchen Dining 2 Car Garage 2 Car Garage Den Den Living �i Living PE do Unit A 1370 SF } I Unit A= 1370 SF I © 5LOOD600D SHARP BUSTER VILLAS p conce t l ocean atlantic • IT • M.Red M. Bed iyj �1 MB �ec'nln B I aun u oo - �� Bed Bed u - ! '. Bed 2 Bed 3 - - Bed 2 Off■ ti Imn _.. a . • • .. MEN N� MEN 11 mom . • �. . 4 :r; Bed 3 • Upper Floor Plan Great Rm Famih Ln Din r ... Path v �, Kit EP Kit .•Brk Rrk S .....� I_i� Din MB r , Garage Garage Ir �r f _ Unit C Unit E iBrk a.. 1.aUn Garage I Unit D wi.r....w aA. •}3 R Main Floor Plan __ © 5LOOD600D 5HARP BU5TER VI LLAS concept 2 ocean atlantic a yg !! !! OL fit >N a! ►-rl t O r �111H I ' I�;a/►i r ■U8 Ii/iiiii I a-�* will As ' 1 116 as ./ rl viii:;� �I I■�� _ iii! - � I� .■ MI ell., � � •'. � �'°'� trru.'r' ■/■'.r far N awl �• ._,`~ .: _erg- - t' ' i i .I _ IIwO on r - ■■t/■ ja.,i.ilo s E..-ate... ■ �■�. zi 3=fir i�-i I�■� -. ���I�.�ii�0 4 :I n+�.�.�I _ �•�I I _. .--____ — ----_._ __— � � ICI . '_' I: .:4■. : � ;� ■I ', ■■■■�� ��./ •�,,��°/' 1� 1 � _ I — ■I '■■■/■■'�i iic ■alarm_ _ — i MM R so R111. 'L EP , � :? "''1. i b �■rR�- .� F;'J�►!� .G,ullt� " .., �� 0 ....... ..!,■�I►a11�1� _ i- ;L'=� �i= ;Ic•)�► .�i •� ♦qty ►�l���'�� ��! ��i�!� s r s. e. samm sams • • , I I I MIXED USE Westbury ocean atlantic - 1 Terrace Ta Unit A Unit B1 Unit B2 Unit D {� Unit C ,B.Waom+I Bn••. 2A *1 12enr 2 Btlroan 12 Brlr 41-2 �F+47b SF .rgO23F - __ RIM I Comdr, Unit D Unit B2 Unit 61 T swam z6roca� 2Rai 2B.&w,er 2 Bam 2Bedro ,2BeU it„�I� Unit V .1475SF til-1310SF sF,3,0SF U*A 2Bedvo� 2Ban I smoom I I so +472 SF VFW OF 0 am ■ J -. _. Terrace Te,.ace T-.. Tenace .-... _-.... — ( .... � Roo'Deck ME i Residential Level 1 r----I ■ q111S H O P S H O P S ve"b.''' I —_ ___ --- -- — r�utunea�iooihwve +---i �-------i I-------I. 1--i F --- -- I I �estDWe 2 �, I f Tr io Garage Fmmj 24 One A,* 20 Spars 9 a 29.9 Ty: South Elevation Color Study - _,' , 1�.. Jpl Refai ServiOe Condo 20 !9 19 !? � 1 _ I I 1 I —� 11 Retail Space —� N%75 GSF ! I I i 1 1 - l 0r6nd Rw Abm i F I Stay 2 Retail I Garage Level © BLOOD600D SHARP BUSTER MIXED USE concept ] ocean atlantic e - - R. I If I Residential Ex Exit ntrance Elev Garage Entrance Elev 1 it MEP&Storage Lobby Unit G Unit A Trash Etev '� 2 Bed T 1 Bed/Den 2 in fs�. N 3 20 � i4 19 -- CO Unit B 5 m 18 Retail -� Unit F 1 Bed!Den o 2 Bed/Den 8 17 CL _{ ■ o 7 F 16 I Y0 x cc O ■ N Unit B 8 15 Deliveries/Exit — I 1 Bed/Den 9 14 7 Unit F 10 13 2 Bed/Den 11 12 t:r Unit B 1 Bed!Den — Exit Service Corridor # Stai-#2 Exit Stair#2 x Unit E Unit D Unit C Retail 2 Bed 2 Bed 2 Bed 0 2nd &3rd Typical Floor Plan Main Floor Plan i3LOOD6O01) SHARP 6U5TER MIXED USE concept 2 ocean atlantic ATTACHMENT 4 United City of Yorkville 800 Game Faun Road _. : : Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE'r�yy December 12,2006 To: David Warner Freeborn&Peters LLP From: Travis Miller, Community Development Director Re: Westbury Village Annexation Agreement Staff Review Comments The draft annexation and planned unit development agreement last revised November 13, 2006 for Westbury Extension has been reviewed by staff and consultants including Community Development, Engineering,Parks and Recreation and Public Works. Outlined below are the items staff suggests further modification with comments explaining each: Recitals Items E,F,G,H,I: These recitals refer to previously annexed property under agreement with the petitioner for property adjacent to the proposed annexation,however, staff sees no purpose to state these facts in this agreement. Staff has concerns that this may lead to confusion in the future and would prefer these recitals be removed from the agreement entirely. Item J: Please submit this plan with all pages anticipated to be included as Exhibit B for final staff review and comment. As stated above,the latest Concept Plan has a revision date of June 30,2006 and consists of only 1 page. Section 2 Annexation: Item C: The City will require all signatures from property owners annexing(party to this agreement)prior to approving this agreement. This language is fine,however,will be moot when agreement is approved because all signatures will have been obtained. 1 ATTACHMENT Item D: Remove"convenient"from this provision. This term is arbitrary—restate provision to state"necessary or appropriate pursuant to". Section 3 Zoning: Item C: Staff recommends removing entire paragraph and eliminating Exhibit D. There is not enough detail in the Concept Plan(as submitted)to determine what amendments, variations, or waivers are being requested are appropriate. Staff recommends considering any variances for lot dimensions and setbacks occur as part of the Preliminary PUD review process. It is difficult to conclude how all of these exceptions will be applied, without seeing the detail within a Preliminary Plan. For instance, it is difficult to determine the overall impact of reducing the General Residence District setback line without knowing whether there will need to be utilities within that setback. In addition, the sideyard setback adjoining a private street being reduced to 20' from the edge of pavement may present some difficulties. Without seeing the detail within a Preliminary Plan, or at a minimum a specific example, to determine the pavement width,parkway and sidewalk dimensions within that section, it is difficult to determine if there will be sufficient room to construct and maintain the facilities within that setback. Again, staff recommends that either the variances be considered during the Preliminary Plan stage of the project so it is clear how the variance is intended to benefit the layout. Item Edi.c: Staff recommends removing"except for `apartment' and `condo/flat' units which shall include one(1) enclosed parking space and one(1)unenclosed parking space" from this provision. The purpose for the increased design standards is to ensure a higher level of quality of this development and the additional garage and parking spaces for these unit types will more likely result in a higher standard of the units which has been expressed by staff and City Council as a concern for this development based on the high density proposed by the Concept PUD Plan. Section 4 Planned Unit Development: Item A: Entire provision should be restated to clearly distinguish between the Concept PUD, Preliminary PUD and Final Plan. Detailed Preliminary Plans have already been prepared for the South and East Village subdivisions. Ideally there would be one Preliminary Plan created for the whole Extension(Middle, West and North Villages). Since it would appear that that is unlikely, staff recommends that the development be planned through the use of larger Preliminary Plans. It is staff opinion that larger Preliminary Plans should be prepared for the Extension to confirm that the appropriate utility and roadway connections are being considered across this master planned, large scale community. 2 ATTACHMENT 4 Based on the current text within the agreement, it would appear that Preliminary Plans will be prepared for portions, or phases, of the overall subdivision, and then Final Engineering plans will be prepared to be"consistent with the overall purpose or character of the Preliminary Plan." Section 4.A. limits each phase to a minimum of one entire Pod as the depicted on the Concept Plan. Based on a review of the 6/30/06 Concept Plan submittal, it would appear that there could be as many as 23 Pods in the North(6 Pods), Middle(9 Pods) and West(8 Pods)Villages. If there is no maximum number of Preliminary Plans identified,then the City may obtain as many as 23 individual Preliminary Plans. Staff recommendation is to limit the Extension to a maximum of three(3)Preliminary Plans. The maximum number of Phases or Units, and supporting Final Engineering submittals could still be consistent with the number of Pods within their Concept Plan. Last sentence add"PUD"between Preliminary and Plan and between Final and Plan. Item B: Revise the table to include how many units are located in Middle, West and North Village portions of the Concept PUD Plan leaving the overall totals as prepared in separate columns. Remove the second table depicting totals in East and South Village—these units are not part of this agreement and the inclusion of this information may lead to future confusion. Item C: This provision should match the terms of the Rob Roy Interceptor agreement cited and include "best efforts" will be made by the City to accommodate the "expedited" review process. Item D: Provision states (Section 4.F has a similar statement)"...that the practicalities of development may require the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that materially vary from the approved Preliminary Plan, and that such Final Plans shall, if consistent with the overall purpose or character of the Preliminary Plan,be promptly approved by the City as such requests are submitted." This statement can be interpreted many different ways, and it would be in the best interest of the City not to be put in a position of determining that a material difference does not make the Final Plans inconsistent with the overall purpose or character of the Preliminary Plan. In other words, at what point is the Final Plans more than being materially different and not"consistent with the overall purpose or character of the Preliminary Plan", and therefore not consistent with the Preliminary Plan. This provision should be restated to clearly state that if the Final Plan is inconsistent with the Preliminary PUD,then a modification of the Preliminary PUD will need to be approved following the process described by Zoning Ordinance Chapter 13. 3 ATTACHMENT 4 Item F: This paragraph should be modified to clearly state that the final plan requirements of the subdivision control ordinance will be adhered to and the approval process defined by the subdivision control ordinance will be followed. A 15 day examination of final plans creates an arbitrary deadline for staff and the City should not obligate itself to this requirement. The Subdivision Control Ordinance procedures provide for an efficient process and should be adhered to for this development. Language should be added to the third sentence stating that approvals shall also be based on sound engineering practice. Items G and H: Staff recommends modifying each paragraph to require this information to be part of the Preliminary Plan submittal Replace"or"with"and"in both paragraphs between the plan types described. Add"Rob Roy"proceeding"Regional Trail"in item H to clarify which regional trail. Staff recommends including an exhibit depicting the alignment of the Rob Roy Regional Trail to further ensure there is no confusion regarding this requirement. Section 5, SANITARY SEWER AND WATER SYSTEMS AND FACILITIES General Comments on this Section: Regarding Water Facilities: As you know, EEI has reviewed the Water Works System demands that this development will exert on the system and also have generally planned the Supply, Treatment and Storage components for the City's North Pressure Zone(of which this development is wholly within). On October 2, 2006,we met with the Developer,the Developer's representatives,to discuss these planning efforts. Our concluding statements within that meeting were that the City's Water Works System will need to be expanded to accommodate this development. Based on a review of the demands this development will place on the Water Works System, the near term needs were defined as 3-shallow wells @ 500 gpm capacity, 1-deep well @ 1,000 gpm capacity, a 2,500 gpm water treatment plant, and a 4,000,000 gallon stand pipe water storage facility. The total estimated cost for these improvements is just over$16,000,000. It was explained during the October 2, 2006 meeting that the City does not have the bonding capacity to generate the funding for this large capital investment, and that alternative funding approaches needed to be developed. Options that were to be considered included the Developer front funding all of their Water Connection Fees (currently estimated to be nearly $13,000,000) 4 ATTACHMENT 4 and then obtaining recapture on the additional investment needed to construct all of the facilities. Alternative options included the issuance of SSA bonds,consistent with City policy,to generate the capital dollars with some potential for recapture. Staff opinion is that the Water Works System portion of Section 5 does not have the specificity that would make the City comfortable that the Developer understands the needs of the City's Water Works System to accommodate their development,or has strong enough language that compels to developer to fund the improvements to the level that is needed. In terms of project management for the water works system improvements see attachment titled"Design-Deliver-Build Water Works System Improvements Annexation Agreement Suggested Language" for recommended language to incorporate into Section 5. Section 5.A.,the City is being asked to"warrant(s)that it will provide sufficient capacity and transmission....to adequately sere the needs of the development'-and"the CITY shall, at the request of the DEVELOPER, demonstrate the availability of adequate...capacity to serve such Phase." Without a good comfort level of how the funding for these improvements will be accomplished, staff strongly recommends that the City not commit to this. If, in the end, a reasonable level of comfort is provided for the funding of these facilities,then staff would recommend adding text to this section that states"the CITY shall, at the request of the DEVELOPER and at the DEVELOPER's cost, demonstrate the availability of adequate..." Section 5.B. Delete reference to YBSD and revise to state"up-front payment of fees may be required by the City for certain items. The fees associated with water and sewer connection should be listed within this provision as well as be listed in the referred Fee Schedule exhibit. Section 5.C.Clarify the first sentence to state that the"sanitary sewerage capacity and transmission facilities"are defined as YBSD interceptor sewers only. Revise to state that the City agrees to cooperate with the developer and YBSD in the design and construction of those interceptors, as well as determining the financing for the work. Section 5.D. Clarify the first sentence to state that the"potable water and water supply systems" are defined as new wells,water treatment facilities, and water storage facilities. Water meter costs should not be waived—this should be removed from the 5t'sentence. This section states that the facilities shall be"financed,designed, constructed,and installed pursuant to a schedule to be determined in the sole discretion of the DEVELOPER" Section 5.G. adds on to that discussion by stating, if the City shall fail to issue the bonds"the DEVELOPER shall have the right,but not the obligation,to assume the CITY's position with respect to, or otherwise to undertake sole responsibility for,the financing, design, construction, and/or installation of either such Water Supply Improvements or Sanitary Sewer Improvements, or both, as the case may be." Staff recommends these two general statements be removed or totally reworked. Staff does not believe the City should be held to a schedule that is established at the"sole discretion of 5 ATTACHMENT 4 the DEVELOPER", otherwise the DEVELOPER can take over the process. One option would be to agree that"a CITY and DEVELOPER will develop a mutually agreeable schedule"at a certain point in time(i.e. approval of first Preliminary Plan). Section 5.F. states, "The DEVELOPER shall have no obligation to construct or guarantee financing of any on or off-site Sanitary Sewer Improvements and/or Water Supply Improvements unless a Final Plan encompassing the area in which any such facilities are to be located, or are designed to serve, has been approved by the CITY and the DEVELOPER has undertaken the development of such area." As you may recall, nearly all of the Water Works System major facilities are to be located in the farthest northwest portion of the property. This was clearly explained at the October 2, 2006 meeting referred to above. Since it seems likely that the development will be constructed from East to West, it is uncertain when a"Final Plan"will be created around the Water Works System facility sites. This statement should either be removed, or restated. For instance, stating, "The City will work with the developer-to site the Sanitary Sewer "linprovements and/or Water Works System Improvements in a manner that will not impact the purpose or character of the Concept Plan." Sections 5.I., 5.J. and 5.K. are inconsistent with the facilities that were identified in the October 2, 2006 meeting with the DEVELOPER and will need to be reworked to allow for sufficient property for all of the facilities and reasonable timeframes(by including season considerations) for further on-site preliminary engineering work. It should be noted that the Developer did not allow access to their site for the Phase 2 Geophysical Exploration work that the City currently is undertaking. Many other property owners in the area allowed access;and we hope to receive good results. Due to the fact that the Developer did not allow access to the sites,time will be need to be provided(with seasonal considerations) for the Phase 2 Geophysical Exploration work,prior to the Phase 3 Test Hole phase of the shallow well siting program. Section 5.L: Staff recommends removal of this paragraph. It is against current City Policy regarding the use of eminent domain. Regarding Sanitary Sewer Facilities: If it has not been done already, as stated in the EEI July 6,2006 Concept Plan review letter, staff recommends that the Developer consult with YBSD to confirm that the Rob Roy Creek Interceptor and its tributary interceptors will have sufficient capacity given the fact that the proposed housing density for this development is over 3 units per gross acre and provide the City with written assurance of this. A number of the statements within the above Water Works System section apply to the Sanitary Sewer Facilities, as well. For instance, Section 5.C. includes very similar, and in staff's opinion ambiguous, funding statements as 5.D. We recommend that the funding approach and timeline should be better defined before the City enter into the Annexation Agreement. See the Water Works System discussion for the concerns with the language 6 ATTACHMENT 4 within Sections 5.F and 5.G. The City cannot"guarantee"or"warrant" capacity, or the ability to provide capacity, within YBSD's Wastewater Treatment Facility(WWTF). Due to the fact that YBSD owns and operates the interceptors,the City may not be able to guarantee or warrant capacity within them either. We assume that the agreements references to"sanitary sewerage capacity"is not meant to apply to the WWTF capacity,but recommend this be clarified in the agreement by changing"sanitary sewerage capacity"to"sanitary interceptor capacity". However,please keep in mind that the general statement relative to"interceptor capacity"would include all interceptors that serve this property through all of the interceptors that transport the wastewater to the YBSD WWTF. Additionally, the City must receive confirmation from YBSD that we can, in fact make this statement. Section 5 Conclusion: Staff recommends the Developer prepare(or request our Consultant EEI and YBSD Consultant to prepare)infrastructure improvement estimates for water and sewer infrastructure necessary for this development. With these estimates,the City will consult with our bond counsel to determine what funding mechanisms may be applicable and incorporate provisions to this agreement that are specific in terms of financial amounts and timing for the improvements. Otherwise, staff recommends the Developer commit to front fund the entire amounts necessary for the City to install the improvements and include provisions into this agreement for the Developer to recapture any portion of the improvements constructed beyond the needs of the Westbury Extension that benefit other properties/developments. Until these issues are resolved, staff will not recommend approving this agreement or Concept PUD Plan. Section 6, STORM WATER FACILITIES; RETENTION AND DETENTION Add""the locations identified on the"in front of"Concept Plan"in the first sentence. Add"and any applicable state and federal regulations to the end of the last sentence. Section 7, STREETS, SIDEWALKS 7.A. Add language stating that offsite roadway improvements may be required if they serve the area being platted. Section 9,CONTRACTORS' VEHICLES AND EQUIPMENT Staff recommends restating this provision to allow this activity only within Pods that are under substantial construction. Concern is the last occupancy permit issued for the "property"may be several years out and storage activities should not remain long-term in areas/pods of the development that have substantially built-out. 7 A17ACHMENT4 Section 10, DEDICATION OF PUBLIC IMPROVEMENTS EASEMENTS AND RIGHTS-OF-WAY 10.C. Delete the third sentence. Many punchlist items are commonly a result of build-out activities. Replace the word "shall" with the word "may" regarding the City approving reductions to construction guarantees. Section 12,FEES AND DONATIONS 12.A. Staff recommends a written acceptance of the terms of this provision from the School District be included as an exhibit to this agreement and referred to in this section. 12.B. States the "Developer owns" 53 acres north of Galena Road — confirm this is a correct statement or restate. Floor plans ror the individual unit types must be provided to correctly determine land- cash requirements for this development. Based on the unit count,the `estimated' land cash contribution is+/-66 acres. The proposed Concept PUD Plan includes 27 acres of land designated at `park'. The annexation agreement does not state that this land is to be contributed as dedicated park land to the City, however, it has been discussed to date as being a dedication and was referred to in previous draft agreements as being dedicated. If the intention is to dedicate this land the agreement should be revised to clearly state this in this section. Staff recommends re-including text into the agreement describing the acreage of each park on the Concept PUD Plan and re-identifying/labeling each park uniquely on the Concept PUD Plan(as in prior draft agreements labeled as Park A-J). The 53 acres (proposed as Exhibit G) refers to a future annexation. The Developer is committing to park land to be dedicated from a development that would be approved as part of a subsequent annexation agreement. Staff has concerns regarding this commitment and, although this will result in a new Public Hearing process, staff recommends the Petitioner include this acreage with the current annexation to simplify. The Park Board was presented the alternative land dedication(28.5 acres of the 53 acre parcel depicted in Exhibit G) on September 28,2006 and expressed concern regarding the approximate 13 acres portion running west to east. This portion is long(approximately 2000 ft. west to east) and narrow(280 ft. north to south). The Developer depicts several soccer fields in the drawing of this parcel,however, full size soccer fields will not fit in this narrow park(unless Corn Ed were to allow the use of their easement). Additionally, with the dimensions of this land,there is not enough space to get a park drive to the more remote fields. The Park Board and Staff does not recommend accepting or providing credit for this 13 acre portion. The sixteen acre parcel with access to the Beecher Road extension has more potential in terms of its size and configuration. However,there is already an 8.8 acre park planned just to the northwest and a 10 acre park just to the northeast in other developments. Most important,however, is that the 16 acre parcel is 8 ATTACHMENT 4 located north of a busy highway(Galena Rd.)which separates it from the residential users that will populate the Westbury development and does not address the limited public park space within the Westbury development. Staff recommends accepting the proposed areas designated as `Park' on the Concept Plan with the following amendments: Neighborhood Park A shall consist of 7 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park B shall consist of 7 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park C shall consist of 5 acres provided that the Developer obtain appropriate contractual permission from Commonwealth Edison for the City to utilize a minimum of 10 adjacent acres for active recreational park usage such as soccer fields and/or baseball/softball playing fields, at no cost; either current or at any time in the future,to the City for said usage of this property. If the Developer does not receive this permission by way of contract agreement within one(1)year of the date of this agreement,the Developer agrees to contribute cash in lieu of this five (5) acre contribution at the current land-cash ordinance rate at said time at the request of the City; Neighborhood Park D shall consist of 3 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park A shall consist of 3 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park I shall consist of 2 acres located in substantial conformance with the Concept PUD Plan; Neighborhood Park J shall consist of 4 acres located in substantial conformance with the Concept PUD Plan; Staff recommends crediting the Developer 1.25 acres as land contribution in addition to the 31 acre contribution listed above for the Bike Trail segment along the Rob Roy Creek as depicted by the Concept PUD Plan. The land dedication and credits recommended above yield 32.25 acres. This leaves a difference of approximately 33.75 acres to be contributed as cash. 33.75 * $101,000= $3,408,750 which should included in the fee schedule and be paid by the Developer. 12.0 Should state"The Developer agrees to design and install, at the Developer's sole cost,playground facilities at each of the seven(7)planned clubhouse sites depicted on 9 ATTACHMENT the Concept PUD Plan. Said playground facilities shall meet all current ASTM, CPSC and ADA requirements for playground standards." General Park Contribution Comments: The Park Board's greatest concerns in reviewing the Concept PUD and the proposed park land dedication is the inadequately sized parks in a higher than normal density area. While giving an explanation on why they believe giving credit for private facilities (ie. Golf Course)is inappropriate,the Park Board was willing to recommend a partial credit for public use of two of the stormwater management areas if public access was made available to them in the form of a walking trail/path. This proposal was rejected by Ocean Atlantic. Since there is a reluctance on Ocean Atlantic's part to agree to the Park Board's recommendations, the Board's position at this point is to simplify the issue; accept a minimum amount of park land and take the rest of the land cash obligation in cash. This-way it can put the cash toward the purchase of additional park land or facilities in order to supplement the Westbury parks. 12.E Revise to state that the Developer shall maintain land to be donated up to the time that they are accepted by the City and/or School District. 12.F Remove"utilities and other public services" from the first sentence. 12.G Since this paragraph deals with roadway improvements, it should be moved to Section 7. Delete the last two sentences and replace them with language stating that the city road fee shall be used to supplement,not replace,the developers reconstruction of existing perimeter roads. The Developer's engineer must perform preliminary engineering to determine what would be required to bring the existing roadway system up to current city standards. That amount should be the developer's "base"contribution towards perimeter road reconstruction,with the balance of funds coming from the city road fee in order to be consistent with the City's current Road Fee Policy. Delete reference to Westbury Blvd. and West Village Road—these are new roads and the developer is responsible for their entire cost. Add language stating that the city shall be the lead agency for the reconstruction of city perimeter roads, and that the developer shall front-fund preliminary and design engineering. 12.I Staff recommends a written acceptance of the terms of this provision from the BKFD be included as an exhibit to this agreement and referred to in this section. 12.J States that the "Developer shall reimburse the City for no more than one million two hundred thousand dollars ($1,200,000) of the City's engineering costs for designing the widening improvements to Illinois Route 47 between Baseline Road and Comeils Road ("Comeils-Baseline Route 47 Improvements"). Such reimbursements by the Developer shall be included within the special service area bonds described in Section 18 10 ATTACHMENT of the Agreement." Staff recommends the City should be able to obtain those funds sooner than when the development issues its first SSA bonds (assuming the Developer is approved by the City to issue SSA bonds). Staff recommends that the Developer commit to providing the funding within 30 days of the date of the Annexation Agreement. This may be reimbursed by the SSA bond issuance. Staff recommends supporting the provision proposed by the Developer limiting the request for funds to be no more than "$300,000 in any three-month period". This Section continues to state "the City guarantees that the Corneils-Baseline Route 47 Improvements shall be complete on or before ,200_. ("Corneils-Baseline Route 47 Improvement Completion Date"). If the City shall fail to complete construction of the Comeils-Baseline Route 47 Improvements by the Corneils-Baseline Route 47 Improvement Completion Date, the City shall repay the Developer, within 30 days of receiving a written request from the Developer requesting such repayment for the reimbursement amounts paid by Developer under this paragraph J, with interest accruing at 10%per annum from the date such-amounts were received by the City until repayment is made." Staff recommends that the City not commit to a date when the improvements will be complete and remove this entire provision. General Route 47 Improvement Comment: The total estimated cost for the Route 47 improvements (including engineering and construction) between Corneils and Baseline Road is $19,000,000. The $1,200,000 proposed contribution is 6.3% of this total. The most recent calculations prepared by staff based on the cost sharing formula for the developments within this segment of Route 47 recommends a prorata share for Westbury would be 17.4% of the total cost (or $3,300,000). Staff supports a reduction in this prorata share to $1,200,000 simply because this is the amount necessary to complete the engineering for this project and would be a critical step in advancing this project and the developer is not requesting any recapture for this contribution. However, staff does not recommend committing to a completion date for construction because that date is unknown at this point and the funding approach for construction is also unknown. Section 13,BUILDING PERMITS 13.A Increase the ten(10) day period to fifteen(15)days. Section 17, OPEN SPACE Staff recommends removing this section entirely. The City Park contribution is addressed in Section 12 of this agreement and all credits and contributions should be addressed within this section. Section 18, SPECIAL SERVICE AREAS, SPECIAL ASSESSMENTS,TAXATION, AND RECAPTURE. General Comments: 11 ATTACHMENT The SSA's described by this section are the `traditional' SSA's and are inconsistent with the City's current policy on SSA's which requires the `pay-down' type to be utilized when City Council determines the need is justified. Staff has requested the Developer contact our Bond Counsel to discuss the proposed provision/section of this agreement. Staff does not recommend approval of this agreement until the City's Bond Counsel has made a recommendation to City Council regarding the appropriateness of the structure and terms of the SSA proposed. 18.A Delete the phrase, "and equipment and materials needed for the maintenance thereof'in Line 12. 18.B Revise to exclude the dormant SSA mentioned in Section 20. 18.0 List the types of expenses that would be included in the total cost. Section 19,ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS Staff recommends adding "up to" preceding "fifty percent" in the first sentence to be consistent with the City's current Economic Development Incentive Policy. Staff recommends adding language to this provision identifying the improvements that will be used in calculating the sales tax rebate amounts. Section 20 COVENANTS CONDITIONS AND RESTRICTIONS• HOMEOWNERS'ASSOCIATION. Revise the first sentence in the third paragraph to state that the dormant SSA may be established and/or activated by the city any time after the approval of any final plat. Section 21, CITY INSPECTIONS Delete this section. City staff and/or city consultants will perform inspections. Section 22,APPLICABILITY OF LAWS AND FEES Revise to eliminate the rotating 5-year lock language. Replace with language calling for a 5-year lock on fees after the PUD agreement is recorded, and afterward the property will be subject to revised/additional fees as they are adopted by the city. Exhibit D—Revise the data regarding the Subdivision Control Ordinance to be Ordinance No. 2004-52, adopted Sept. 28, 2004. Staff recommends not granting a variance for the minimum roadway horizontal curve centerline radius, or the minimum right-of-way width. Staff does support and recommend that a variance be granted for minimum roadway widths from 30 feet to 28 feet(instead of the requested 24 feet) for certain areas. 12 ATTACHMENT 4 Exhibit F Revise the YBSD fee amounts,the water meter cost, and the BKFD fee amounts to state that the developer shall pay the amounts in effect at the time building permits are issued. Add the 0.35%Coordination fee,to be paid at time of final plat recording. Municipal Building Fee should be$5,509 per unit if paid at building permit or$3,288 per unit if paid in lump sum for all residential units. Administrative Review Fee should be due upon filing of Preliminary PUD Plan/Plat Engineering Review Fee should be due upon filing of Preliminary PUD Plan/Plat 13 ATTACHMENT4 DESIGN-DELIVER-BUILD WATER WORKS SYSTEM IMPROVEMENTS ANNEXATION AGREEMENT SUGGESTED LANGUAGE United City of Yorkville, Kendall Co., Illinois Westbury Village • General Items ➢ OWNER/DEVELOPER agrees to fund/finance all testing, design, construction and construction management of the Water Works System improvements. The CITY agrees to provide the construction documents for the construction of three (3) shallow wells with a nominal capacity of 500 gallons per minute (gpm) each and one (1) deep sandstone well with a nominal capacity of 1,000 gpm (W), a 2,500 gpm water treatment plant with the appropriate expansion considerations built in (WTP), and a 4,000,000 gallon stand pipe water storage tank (SP',Pb'ST) (collectively referred to as W/WTP/SPWST). The OWNER/DEVELOPER agrees to provide the appropriate construction documents for all other Water Works System improvements required to serve the proposed subdivision. This may include, but may not be limited to, the raw water main to transfer the raw water from any of the wells to the water treatment plant (if a well is located at a site other than the water treatment plant site), finished water main to connect the CITY's existing Water Works System and then the distribution throughout the proposed development, and any other water distribution system components required to effectively provide water at the appropriate flow and pressure throughout the proposed development. - ➢ The CITY has the final decision on any additions or subtractions to the W/WTP/SPWST construction contracts. ➢ OWNER/DEVELOPER agrees to provide Water Connection Fees to the CITY in accordance with the appropriate schedule. Developer will be credited a certain number of impact fees for the pre-investment into the Water Works System. If the costs of the improvements are more than the total Water Connection Fees for the improvements, then the OWNER/DEVELOPER shall have the opportunity to recapture the amount in excess of the total Water Connection Fees for the subdivision. ➢ OWNER/DEVELOPER shall provide all coordination and funding for the construction of all utilities (i.e. water, sanitary sewer, stormwater, street access, electric, gas If required), and phone) to the Water Works System site(s). ➢ OWNER/DEVELOPER shall maintain ownership of all of the Water Works System Facilities until the CITY accepts the improvements. OWNER/DEVELOPER has agreed to permit the CITY, and its agents and assigns, access to all facilities conditioned, however, upon the OWNER/DEVELOPER agreeing to hold the CITY, its agents and assigns, harmless from any loss, liability or damages in connection with the OWNER/DEVELOPERs activities. ➢ A surety will be provided for the Water Works System improvements which maybe a Letter of Credit or Performance and Payment Bonds. ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL Design-Deliver-Build Annexation ATTACHMENT Agreement Suggested Language Page 2 e Bidding and Construction Process ➢ CITY and OWNER/DEVELOPER will collaborate to develop a list of pre-approved contractors for each of the WMITP/SPWST construction contracts. ➢ CITY will transfer the W/WTP/SPWST construction documents to OWNER/DEVELOPER when complete, and when all required permits have been received. OWNER/DEVELOPER will conduct bidding for each contract. All of the bids and then the OWNER/DEVELOPER's recommendation for award will be submitted to the CITY and CITY Engineering Consultant for review. The CITY and CITY Engineering Consultant will provide comment on the bidding and whether they agree with the recommendation for award. Upon approval of the CITY, the OWNER/DEVELOPER will enter into the construction agreement with the contractor(s), and an executed copy of all contract documents will be provided to both the CITY and the C17 Y Engineering Consultant. ➢_ The Engineering Consultant for the CITY will provide the contract administration (i.e. contract administration, pay request review and recommendation, shop drawing review, facilitation for the pre-construction conference, and change order review and preparation), surveying and drafting (i.e. construction staking, drafting for potential modifications to the contract documents, and record drawings), and construction observation (i.e. periodic construction observation and field reports, and periodic construction progress meetings) for the W1WTP/SPWST construction contracts. ➢ Payment Reguest Processing — The contractors for each of the WAIVTP/SPWST contracts will submit payment requests to the CITY's Engineering Consultant no more than once per month. In accordance with the contract documents, the CITY's Engineering Consultant will review the pay request and facilitate the issuance of a letter recommending payment to the OWNER/DEVELOPER. Copies of the recommendation letter will be provided to the contractor and to the CITY, and any other parties the OWNER/DEVELOPER and the CITY see fit. Assuming the OWNER/DEVELOPER agrees with the recommendation for payment, then the OWNER/DEVELOPER will pay the contractor in accordance with the contract documents. ➢ Change Order Processing — Any changes required to the contract documents that require the issuance of a change order will require recommendations and/or approvals from the OWNER/DEVELOPER, construction contractor, CITY and CITY Engineering Consultant. Signature lines will be provided for all parties on all change orders. The recommendation/approval process, and then the appropriate signatures shall be coordinated in the following order: 1) contractor, 2) CITY Engineering Consultant, 3) OWNER/DEVELOPER, and 4) CITY. ENGINEERING ENTERPRISES,INC. G:wunr6Yorkn11eQMY005 swestix"- rastvua99XdocsVWW-Waterissues.doc SUGAR GROVE,IL ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 PREPARED BY AND RETURN AFTER RECORDING TO: David S. Warner Freeborn&Peters LLP 311 South Wacker Drive Suite 3000 Chicago, Illinois 60606-6677 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 TABLE OF CONTENTS [To Be Added] 2 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Westbury Extension) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement") is made and entered by, between, and among Old Second National Bank of Aurora, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 6121, f/k/a Kane County Bank and Trust Company, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number 583 for the benefit of Michael Rosenwinkel, Tammy Rosenwinkel, Howard Rosenwinkel, Becky Rosenwinkel, Timothy Rosenwinkel, Mark Rosenwinkel, and John Rosenwinkel; Estate of Angeline Schultz by Rosemary Svanovick and Fred Schultz, Co-Executors; Estate of Mildred Hankes by Lawrence Hanks and Rita Rios, Co- Executors; Katherine Schultz; Feltes Sand & Gravel Co., an Illinois corporation; Nelson Land Company, an Illinois corporation; Larry Willis; Gary L. Bennett and Betty Bennett(collectively, "OWNERS"); Ocean Atlantic Chicago LLC, a Delaware limited liability company ("DEVELOPER"), and the United City of Yorkville, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("CITY") as of the day of 200_, being the date upon which the Agreement is executed by OWNERS and DEVELOPER and approved by the CITY ("Effective Date"). The OWNERS, the DEVELOPER, and the CITY are collectively referred to in this Agreement as the"PARTIES." RECITALS: A. The OWNERS are, as of the Effective Date, the owners of record of approximately 744.5 acres of real estate, which property is generally depicted on Exhibit A-1 attached hereto, and is legally described and on Exhibit A-2 attached hereto ("Properly") and the DEVELOPER is the contract purchaser of the Property. B. The Property is located in unincorporated Kendall County, Illinois and is currently used primarily for agricultural purposes ("Existing Uses") and is contiguous to the corporate limits of the CITY and is not within the corporate limits of any municipality. C. In accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code ("Municipal Code"), 65 ILCS 5/7-1-8, the OWNERS have filed with the CITY's municipal clerk a voluntary petition requesting annexation of the Property to the CITY, executed under oath,by all owners of record of all land within and at least 51%of all the electors residing within the Property ("Annexation Petition"), conditioned upon the execution of a mutually acceptable annexation agreement. The Annexation Petition was filed on June 26, 2006 ("Petition Filing Date"). D. The OWNERS desire and propose to have the Property annexed to the CITY pursuant to and in accordance with Section 7-1-8 of the Municipal Code, 65 ILCS 5/7-1-8, and this Agreement. 3 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 E. On July 1, 1997, the CITY, Richard A. Undesser, and Henrietta Undesser entered into that certain Annexation Agreement to the United City of Yorkville Galena Road, Route 47 and Corneils Road("East Village Annexation Agreement") for the annexation of approximately 257 acres generally east of the Property, which East Village Annexation Agreement was amended and restated on September 9, 2004 to allow for, among other things, the annexation of an additional 43 acres, more or less (collectively, such 300 acres is referred to in this Agreement as the"East Village"). F. On July 27, 2000, the CITY, Michael Rosenwinkel, and Tamara Rosenwinkel entered into that certain Annexation Agreement to the United City of Yorkville Michael Rosenwinkel and Tamara Rosenwinkel ("South Village Annexation Agreement") for the annexation of approximately 131 acres generally south of the Property ("South Village"), which South Village Annexation Agreement was amended on August 15, 2005.. G. On April 25, 2006, the CITY adopted Ordinances No. 2006-33 and 2006-34 approving an amended Preliminary PUD for South Village ("South Village PUD") and an amended Preliminary PUD for East Village("East Village PUD")respectively. H. The DEVELOPER desires and proposes to develop the Property as a single, coordinated development with the South Village and East Village containing residential, commercial, and recreational uses. I. The Property, the East Village, and the South Village shall be known collectively as"Westbury." J. The DEVELOPER has filed with the CITY a concept plan with latest revision date of and consisting of pages prepared by Lannert Group, a copy of which is attached to this Agreement as Exhibit B ("Concept Plan"). K. The Mayor and Aldermen ("Corporate Authorities"), appropriate CITY boards and commissions, and CITY staff have reviewed the Concept Plan and matters relating to this Agreement. Based on such reviews, the CITY, along with the OWNERS and DEVELOPER, desire that the Property be developed and used only in compliance with this Agreement, and any amendments to this Agreement as may subsequently be agreed to by the PARTIES, in the manner herein provided. L. Pursuant to the provisions of Sections 11-15.1-1 et seq., of the Municipal Code, 65 ILCS 5111-15.1-1 et seq., and pursuant to the other powers and authorities of the CITY, a proposed annexation agreement, similar in form and substance as this Agreement, was submitted to the Corporate Authorities and, pursuant to notice published in The Beacon News on or before July 23, 2006, as provided by statute and ordinance, the Corporate Authorities held a public hearing on the annexation agreement on August 8, 2006. 4 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 L. Pursuant to notice as required by statute and ordinance, a public hearing was held on July 26, 2006, by the CITY's Planning Commission with regard to the zoning map amendments described in this Agreement, and with regard to all other matters requiring Planning Commission consideration, and the Planning Commission has submitted its recommendations for approval to the Corporate Authorities. M. The Bristol Township Highway Commissioner, Bristol Township Supervisor and Township Trustees, Bristol-Kendall Fire Protection District, Plano Community Library District, and other persons or entities entitled to notice prior to the actions contemplated herein have been given notice thereof by the DEVELOPER as required by law. N. The Corporate Authorities, after due and careful consideration, have concluded that the annexation, development, and use of the Property,pursuant to-and-in accordance with the terms and conditions of this Agreement, would further enable the CITY to control the development of the area, increase its tax assessable area, would serve the best interests of the CITY, and is consistent with the character of, and existing development patterns in,the CITY. O. This Agreement is made pursuant to and in accordance with the provisions of Sections 11-15.1-1, et seq., of the Municipal Code, 65 ILCS 5111-1511-1 et seq., the laws, codes, regulations, and requirements of the CITY ("City Codes") and the laws, statutes, and constitutions of the State of Illinois and the United States of America. NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants and agreements set forth in this Agreement,the PARTIES agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of all applicable federal, state, and local laws, statutes, codes, ordinances,resolutions, orders,rules, and regulations("Requirements of Law"). 2. ANNEXATION. A. The DEVELOPER, with the written consent of the OWNERS, has filed, or caused to be filed, with the City Clerk plats of annexation ("Plats of Annexation") that contain accurate maps of the Property and the contiguous rights-of-way to be annexed. B. Immediately after the approval and execution of this Agreement, the CITY, through the action of its Corporate Authorities, shall pass and approve an ordinance ("Annexation Ordinance") to annex the Property (and any contiguous unincorporated rights-of- way, as depicted in the Plat of Annexation)to the CITY. C. Immediately after passage and approval of the Annexation Ordinance, the DEVELOPER and the OWNERS shall,with the cooperation of the CITY, cause the recording of all documents necessary to accomplish the annexation of the Property to the CITY, including, but not limited to,the recording of the Annexation Ordinance, along with all necessary plats and 5 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 affidavits of service of notice, in accordance with the Requirements of Law, to be recorded in the Office of the Recorder of Kendall County. Without the written consent of the OWNERS and the DEVELOPER, no action shall be taken by the Corporate Authorities to annex any part or portion of the Property unless this Agreement has been fully executed by the PARTIES, and all of the Property is annexed to the CITY at the same time. D. If, for any reason and at any time, the annexation of the Property is legally challenged by any person or entity by an action at law or in equity, the CITY shall cooperate with the OWNERS and the DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals, and take such other actions as may then or thereafter be necessary, appropriate, or convenient pursuant to the Requirements of Law to annex the Property, including the performance of any corrective actions as may be needed. The OWNERS and-DEVELOPER agree to jointly bear all expenses associated with any such legal actions. E. Prior to the effective date of the Annexation Ordinance affecting the Property, Section 11-15.1-2.1 of the Municipal Code, 65 ILCS 5/11-15.1-2.1, shall have no application, force, or effect on or with regard to this Agreement or the Property. Accordingly, except as expressly provided to the contrary in this Agreement, the City Codes, and the CITY's jurisdiction and control shall not be applicable to the Property at any time prior to the effective date of the Annexation Ordinance. 3. ZONING. A. Immediately after adoption of the Annexation Ordinance and execution of this Agreement,the Corporate Authorities shall adopt an ordinance,in substantially the form attached to this Agreement as Exhibit C ("Zoning and Concept Plan Ordinance"), (i) amending the CITY's zoning map to classify and number the Property as a Planned Unit Development on the CITY's zoning map and (ii) approving the Concept Plan. The effective date of the Zoning and Concept Plan Ordinance shall not occur until such Ordinance has been passed and approved by the CITY and the Annexation Ordinance has become effective. As set forth in the Zoning and Concept Plan Ordinance, any approval of a Preliminary Plan in accordance with Section 4 of this Agreement that varies from the Zoning and Concept Plan Ordinance shall serve to modify and supersede the requirements of such Zoning and Concept Plan Ordinance with respect to that portion of the Property that is the subject of the Preliminary Plan. B. Following the effective date of the Zoning and Concept Plan Ordinance, the rights of the OWNERS and the DEVELOPER to develop the Property in accordance with the Concept Plan and this Agreement shall vest, and the Existing Uses shall operate as nonconforming uses and may continue until such uses cease following the approval of a Final Planned Unit Development Plan or Final Plat of Subdivision ("Final Plan") for such portion of the Property containing the uses. C. By its approval of this Agreement and its adoption and approval of the Annexation Ordinance and the Zoning and Concept Plan Ordinance, the CITY shall be deemed 6 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 to have approved and granted all amendments, variations, and waivers of the City Codes to entitle the DEVELOPER to develop the Property in accordance with the Concept Plan (including, without limitation, the exceptions to applicable City Codes listed in Exhibit D), and the terms and conditions of this Agreement, it being expressly acknowledged and agreed that all public hearings, if any, that are necessary to enable the DEVELOPER to develop the Property, and the CITY to grant such amendments, variations, and waivers, have been conducted pursuant to proper legal notice. D. Unless changed by the CITY at the DEVELOPER's request, the Planned Unit Development zoning classification for the Property established pursuant to the Zoning and Concept Plan Ordinance shall not be amended and shall be permanent and remain in effect for the term of, and following the expiration of, this Agreement; provided, however, that after expiration of this Agreement, such zoning may be amended in accordance with applicable law. E. The development of the Property shall comply with the following design standards which are in addition to the design standards provided for in the City's Appearance Code (Title 8, Chapter 15), and to the extent of any conflict, shall supersede the City's Appearance Code: i. Single-Family Detached Residential Phase Design Standards: a. Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100%of the total units; b. A minimum of 50% of each building facade shall incorporate premium siding material as defined by the Appearance Code; and C. Principal structures shall be constructed upon either a basement or foundation—no `slab' construction. ii. Single-Family Attached Residential Phase Design Standards: a. Masonry products as defined by the Appearance Code shall be incorporated on the front facade of 100% of the total townhome buildings; b. A minimum of 50% of each building facade shall incorporate premium siding material as defined by the Appearance Code; C. Each unit shall include two (2) enclosed parking spaces except for "apartment" and "condo/flat" units which shall include one (1) enclosed parking space and one(1)unenclosed parking space; and 7 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 d. Off-street visitor parking spaces shall be incorporated into the multi-family pods at a rate of.5 spaces per unit. iii. Commercial Design Standards: a. All `Guidelines' within the Appearance Code section VA.b.Lb shall be required applications; and b. Monument signage must include a 100%masonry base. 4. PLANNED UNIT DEVELOPMENT. A. The PARTIES acknowledge and agree that, upon and after the effective date of the Annexation Ordinance, the Property will be developed and used as a mixed use residential and commercial community in accordance with the terms and provisions of this Agreement, the City's Planned Unit Development Ordinance (2006-40) ("PUD Ordinance"), the Zoning and Concept Plan Ordinance, and the Concept Plan; such use and development shall comply with all City Codes except as otherwise modified by this Agreement. The PARTIES further acknowledge and agree that the DEVELOPER shall have the right to develop the Property in such number of units of development (referred to herein individually as a "Phase" and collectively as '.Phases") as the DEVELOPER may from time to time determine upon approval of a Preliminary Planned Unit Development Plan or Preliminary Plat of Subdivision ("Preliminary Plan") and Final Plan in compliance with the requirements of the PUD Ordinance for such Phase or Phases. Each Phase shall contain, at a minimum, one entire Pod as depicted on the Concept Plan. There shall be no limitation on the time within which a Preliminary Plan or Final Plan must be submitted. B. The CITY acknowledges and agrees that approval of this Agreement grants the DEVELOPER the right to develop the Property as depicted in the Concept Plan and that the CITY shall take all actions, including approval of such amendments to and variations from the provisions of the City Codes, to permit the development of the Property to contain: Uses Acres Units Single Family 204.5 550 Luxury Townhouse 13.5 108 Townhouse 98 980 Courtyard 52.5 473 Condo/Flats 11 132 Villa 15 120 Apartment 19 285 Commercial 17 Neighborhood Clubhouses 9 8 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Clubhouse/Community Center 7 Golf Course 160.5 Maintenance 2 Park/ en Space 27 Retention/Detention 64.5 External ROW 11.5 -Westbury Boulevard 24 -Open Space/Buffer/ROW 8 Total 7441 2,6481 The development approvals provided for in this Agreement and the development approvals contained in the East Village PUD and South Village PUD will permit the development of Westbury to contain: Uses Acres Units Single Family 352.5 983 Luxury Townhouse 33 246 _ Townhouse 146 1,238 Courtyard Home 102.5 914 Condo/Flats 11 132 Villas 15 120 Apartments 19 285 Commercial 51 Neighborhood Clubhouses 13.5 Clubhouse/Community Center 7 Golf Course 160.5 Maintenance 2 Park/Open Space 41 Retention/Detention 135.5 School 15 Open Space/Buffer/ROW 70.5 Total 1175 3,918 C. Upon submittal by DEVELOPER of an application for review and approval of any required plan, document, or submittal for a Phase or Phases including, but not limited to, Preliminary Plans, Final Plans, landscape plans, grading plans, engineering plans, photometric plans, architectural drawings, or any other required submittals, the CITY shall provide the 9 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 DEVELOPER expedited review and consideration as required by Paragraph 2.0 of that certain Agreement by and between the DEVELOPER and the CITY Regarding the Rob Roy Creek Sanitary Sewer Interceptor dated November 22, 2005, a copy of which is attached to this Agreement as Exhibit E. Approval of a Preliminary Plan for a Phase or Phases shall: (i) signify satisfaction of the purposes, objectives, and requirements of Section 10-13-6 of the PUD Ordinance and no further showing regarding such general purposes or objectives need be made, and no further public hearing need be held, prior to submission or approval of a Final Plan for the applicable Phase or Phases; (ii) modify (without requiring formal amendment to) the terms and provisions of the Zoning and Concept Plan Ordinance or this Agreement to the extent the Preliminary Plan differs from the terms and provisions of the Zoning and Concept Plan Ordinance or this Agreement; and(iii) serve to grant all necessary approvals for the development of such Phase of the Property without the need for any other zoning or subdivision approvals as a prerequisite to the issuance by the CITY, or the receipt by the DEVELOPER, of the building permits necessary for the development of such Phase or Phases. In addition, upon approval of such Preliminary Plan, the DEVELOPER shall have a vested right to develop the Property in substantial conformance with the approved Preliminary Plan for the portion of the Property in question. However, before any such building permits shall be issued for such Phase or Phases, the DEVELOPER shall comply with the requirements of the Subdivision Control Ordinance for approval of the Final Plan for such Phase or Phases. D. Upon approval of a Preliminary Plan for a Phase or Phases, the DEVELOPER may submit one or more Final 1?lans for such Phase or Phases, which shall be approved by the CITY, provided they substantially conform to the Preliminary Plan. However, the PARTIES recognize that the practicalities of development may require the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that materially vary from the approved Preliminary Plan, and that such Final Plans shall, if consistent with the overall purpose or character of the Preliminary Plan, be promptly approved by the CITY as such requests are submitted. Any approved Preliminary Plan shall not lapse or expire at any time or upon the occurrence of any event or upon the failure of any event to occur. E. Throughout the term of this Agreement, the DEVELOPER shall have the right, but not the obligation, to subdivide, from time to time, the Property, or any portion thereof. The CITY shall approve a final subdivision plat for any particular Phase or Phases, provided that the final subdivision plat shall be in substantial conformance with the Concept Plan or a previously approved Preliminary Plan. F. The final engineering, final landscaping, and other required plans and specifications for the public improvements to be installed for each Phase or Phases shall be submitted to the CITY, together with the Final Plan for such Phase or Phases. The City Engineer shall examine such final plans and specifications and approve or disapprove of the same within fifteen (15)business days of receipt thereof. The final plans and specifications shall be approved by the City Engineer and the CITY if they are in substantial conformance with the approved Preliminary Plan and, to the extent consistent therewith,the Zoning and Concept Plan Ordinance and City Codes; provided, however, that to the extent that practicalities of development require 10 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that materially vary from the approved Preliminary Plan, then such final plans and specifications shall be promptly approved if consistent with the overall purpose or character of the Preliminary Plan. If such plans and specifications are not approved, the reasons for disapproval shall be set forth in a written notice to the DEVELOPER identifying the revisions that need to be made in order to secure approval ("Notice of Disapproval"). Upon the DEVELOPER's correction of, or objection to the validity of, the item(s) set forth in the Notice of Disapproval and the resubmission of all required plans and specifications, the CITY Engineer shall reexamine them and either approve or disapprove them within fifteen(15)business days of their resubmission. G. The OWNERS and DEVELOPER shall provide profiles as well as address discharge enhancements for stormwater into Rob Roy Creek as part of any final landscaping or final engineering plan for a Phase or Phases affecting Rob.Roy Creek.. . . H. The OWNERS and DEVELOPER shall address cross-section, location, and Regional Trail construction as part of any final landscaping or final engineering plan for a Phase or Phases containing the Regional Trail. 5. SANITARY SEWER AND WATER SYSTEMS AND FACILITIES. A. Provided that the Property is developed in accordance with this Agreement, the - CITY represents and warrants that it will provide or cause to be provided as and when needed sufficient capacity and transmission in operational and available sanitary sewerage and potable water systems to adequately serve the needs of the development and use of the Property. In addition, at the time of approval of a Preliminary Plan for any Phase or Phases of the Property, the CITY shall, at the request of the DEVELOPER, demonstrate the availability of adequate sewage transport capacity and potable water supply and delivery capacity to serve such Phase. The CITY shall permit the OWNERS or DEVELOPER to connect to CITY and/or Yorkville- Bristol Sanitary District sanitary sewer lines and water mains at locations to be determined by the preliminary engineering plans approved for each Phase or Phases. To the best of the CITY'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, the OWNERS' or DEVELOPER's right to use, such sanitary sewerage or potable water supply systems. B. The OWNERS and DEVELOPER shall not be liable to the CITY or the Yorkville-Bristol Sanitary District ("MD") for any sewer or water recapture fees, connection fees, or other obligations as a result of the connection of the Property to any sewer or water lines, or the financing of any sewer or water lines or sewer treatment and potable water supply facilities and improvements, except as provided in the Fee Schedule attached to this Agreement as Exhibit F. Such fees shall be due at the time of issuance of a building permit for each newly constructed building or residential dwelling unit on the Property, however, an OWNER or the DEVELOPER shall have the right, at its sole discretion, to prepay such fees at the rates in effect at the time of such prepayment. 11 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 C. If adequate sanitary sewerage capacity and transmission facilities are not made available to the Property by the CITY as and when needed in accordance with Section 5.A of this Agreement, the DEVELOPER shall have the right,but not the obligation,to require the CITY, in cooperation with YBSD if necessary, to issue any bonds ("Sanitary Sewer Improvement Bonds") as may be required to finance the timely design, construction, and installation of such sewerage capacity and transmission facilities ("Sanitary Sewer Improvements"). Such Sanitary Sewer Improvement Bonds shall be (i) guaranteed and secured by the DEVELOPER and (u) issued by the CITY on commercially reasonable terms and in amounts, maturities, terms, and on the date or dates, determined by the mutual agreement of the CITY and the DEVELOPER. The CITY acknowledges and agrees that, in consideration of the DEVELOPER's guarantee of the fmancing of the design, construction, and installation of the Sanitary Sewer Improvements, such Improvements shall be financed, designed, and constructed pursuant to..a schedule to be ._.determined.in the sole discretion of the DEVELOPER Further, the CITY shall not impose any CITY or YBSD sewer recapture fees, sewer connection fees, sewer annexation fees, or other obligations related to the Sanitary Sewer Improvements, except to the extent expressly agreed to in writing by the DEVELOPER as part of the DEVELOPER's guarantee of such financing. The CITY shall perform all management and administrative responsibilities related to the issuance and repayment of the Sanitary Sewer Improvement Bonds. Any funds collected for or in connection with the Property pursuant to this Section 5.0 shall be maintained in a segregated, interest-bearing account and shall be used exclusively to retire the obligations of any bonds guaranteed by the DEVELOPER pursuant to this Section S.C. To the extent there remain any funds in such account after•..all-Sanitary Sewer Improvement Bonds or other bonds issued pursuant to this Section 5.0 are retired, such remaining funds shall be paid to the DEVELOPER. D. The CITY represents that in order to satisfy its obligation to provide potable water and water supply systems to the Property at the times provided in Section S.A., the CITY shall require the DEVELOPER's assistance to finance the design, construction, and installation of such water supply systems ("Water Supply Improvements"). Therefore, the CITY shall issue one or more bonds ("Water Supply Improvement Bonds') to pay for the cost of designing, constructing, and installing the Water Supply Improvements necessary to deliver adequate potable water for the development of the Property as contemplated by the Agreement. Such Water Supply Improvement Bonds shall be (i) secured by the DEVELOPER and (ii) issued by the CITY on commercially reasonable terms and in amounts, maturities, terms, and on the date or dates, determined by the mutual agreement of the CITY and the DEVELOPER. The CITY acknowledges and agrees that by requiring the DEVELOPER to finance the design, construction, and installation of the Water Supply Improvements, such Improvements shall be financed, designed, constructed, and installed pursuant to a schedule to be determined in the sole discretion of the DEVELOPER. Further, the CITY shall not impose any water recapture fees, water connection fees, or other obligations, including, without limitation, the CITY's Water Connection Fee and Water Meter Cost Fee, related to potable water and water supply service to the Property, except to the extent expressly agreed to in writing by the DEVELOPER as part of the DEVELOPER's guarantee of such financing. The CITY shall perform all management and administrative responsibilities related to the issuance and repayment of the Water Supply Improvements Bonds. Any funds collected for or in connection with the Property pursuant to this 12 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Section 5.1) shall be maintained in a segregated, interest-bearing account and shall be used exclusively to retire the obligations of any bonds guaranteed by the DEVELOPER pursuant to this Section S.D. To the extent there remain any funds in such account after all Water Supply Improvement Bonds are retired, such remaining funds shall be delivered to DEVELOPER. E. If the DEVELOPER is required to construct Sanitary Sewer Improvements and/or Water Supply Improvements including, but not limited to, sanitary sewer lift stations and force mains on or off Property for the benefit of other properties situated within or outside of the CITY, the CITY shall, upon DEVELOPER's request, enter into one or more recapture agreements, as provided for in Section 18.0 of this Agreement, for the purpose of ensuring that the DEVELOPER recaptures from such benefited properties the proportionate share of such costs. . F. The DEVELOPER shall have no obligation to construct or guarantee financing of any on or off-site Sanitary Sewer Improvements and/or Water Supply Improvements unless a Final Plan encompassing the area in which any such facilities are to be located, or are designed to serve,has been approved by the CITY and the DEVELOPER has undertaken the development of such area. G. If adequate Sanitary Sewer Improvements or adequate Water Supply Improvements are not made available to the Property, or are not materially progressing to completion, in accordance with the.schedule to be established pursuant to-Section S.A of this Agreement, or if the CITY shall fail to issue sufficient Sanitary Sewer Improvement Bonds or Water Supply Improvement Bonds to finance the cost of designing, constructing, and installing the Sanitary Sewer Improvements or Water Supply Improvements, as provided in Sections 5.0 or 5.1) respectively, the DEVELOPER shall have the right,but not the obligation, to assume the CITY's position with respect to, or otherwise to undertake sole responsibility for, the financing, design, construction, and/or installation of either such Water Supply Improvements or Sanitary Sewer Improvements, or both, as the case may be. H. Prior to undertaking such financing, design, construction, or installation as set forth in Section S.G, DEVELOPER shall deliver notice to the CITY and YBSD of its intent to assume the City's position with respect to, or otherwise to undertake sole responsibility for, such Sanitary Sewer Improvements or Water Supply Improvements. Unless the CITY notifies DEVELOPER of its intent to perform in accordance with Sections 5.A and 5.0 or S.D, as the case may be, within 10 days after delivery of such notice from the DEVELOPER, the DEVELOPER may notify the CITY that it has elected to assume the CITY's position with respect to, or otherwise to undertake sole responsibility for,the Sanitary Sewer Improvements or Water Supply Improvements necessary to serve the Property. In furtherance of any election by DEVELOPER under this Section S.H, DEVELOPER may take any and all actions it deems necessary or appropriate to meet the sewerage transmission needs or water supply and distribution needs of all or any part of the Property, including without limitation the right to secure sanitary sewerage service or water supplies from other public or private sources on a temporary or permanent basis. In addition, if at a future time the source of such water supplies 13 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 or sewerage transmission is to be transferred, any such transfer shall occur without cost the DEVELOPER or the OWNERS. If the DEVELOPER makes an election under this Section 5.11, the CITY agrees and acknowledges that the provisions relating to all fees and charges for water or sewerage services as set forth pursuant to this Agreement shall remain in force as necessary to allow DEVELOPER the ability to recover all costs of the Sanitary Sewer Improvements or Water Supply Improvements constructed pursuant to this Section S.H. All fees and charges shall be used to reimburse the DEVELOPER for all costs (including financing costs) relating to such Sanitary Sewer Improvements or Water Supply Improvements, plus a management fee of 8% of all such costs payable to DEVELOPER. The CITY also agrees that, upon an election by the DEVELOPER under this Section S.H, the DEVELOPER shall have the right (but not the obligation) to dedicate such Sanitary Sewer Improvements or Water Supply Improvements (or both) to the CITY or YBSD, and the CITY agrees to accept, or cause the acceptance by YBSD of, such dedication provided that the such systems or facilities conform to the terms of the permits obtained for such systems or facilities. I. The DEVELOPER shall have the right, at its sole discretion, to drill private shallow wells on the Property, at locations to be determined by the DEVELOPER, for the purpose of golf course and common area irrigation subject to compliance with Illinois Department of Natural Resources and Kendall County Health Department standards and requirerrierits and provided.that such wells do not substantially impact the groundwater supply for Rob Roy Creek. J. At any time within three months of the annexation of the Property as provided in Section 2, DEVELOPER and OWNERS shall grant the CITY the right to access the Property for purposes of drilling up to three (3) test wells at locations to be determined by the DEVELOPER in consultation with the CITY, for purposes of identifying potable water supply sources intended solely to serve residents, businesses, and government of the CITY with potable water. In connection with such access, the CITY agrees to restore the Property following completion of such drilling and to hold the DEVELOPER and OWNERS harmless from any claims arising from such access. K. The DEVELOPER and OWNERS agree to grant the CITY, and the CITY shall accept, fee simple title to the approximately .5 acre parcel at the location depicted in Exhibit G for,purposes of constructing, operating, and maintaining a water tower to serve the Property and the residents of the City ("Water Tower Parcel"). The OWNERS and DEVELOPER shall transfer the Water Tower Parcel to the CITY within 60 days after the City has entered into a contract for the construction of the water tower. The CITY shall design, construct, and install, at its sole cost, a water tower of no greater than feet in height on the Water Tower Parcel within three years of the Effective Date. If the water tower is not installed, available, and operational within three years of the Effective Date (or such longer period as DEVELOPER might otherwise agree in writing), the CITY shall reconvey fee simple title of the Water Tower Parcel to the DEVELOPER, shall remove all improvements thereon, restore the Water Tower 14 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Parcel to the same condition as existed as of the Effective Date, and remove any encumbrances to title recorded after conveyance unless such encumbrances are otherwise acceptable to the DEVELOPER. L. Upon the request of the DEVELOPER, the CITY shall acquire by eminent domain or otherwise, all property rights, easements and rights-of-way as may be needed to enable the Property to sanitary sewerage and potable water and water supply systems. The DEVELOPER agrees to pay all costs associated with said acquisition of property rights, easements, and rights-of-way. M. The CITY shall fully cooperate with the DEVELOPER to obtain all permits required under federal and state law including, without limitation, all permits required by the Illinois Environmental Protection..Agency. . In addition, the CITY, agrees to cooperate with DEVELOPER to provide for the annexation of the Property to the Yorkville-Bristol Sanitary District as and when Phases of the Property receive Final Plan approval. 6. STORM WATER FACILITIES• RETENTION AND DETENTION. The DEVELOPER shall provide for storm water drainage, retention, and detention thereof upon and from the Property in substantial conformity with the Concept Plan, and the preliminary engineering plans approved for a Phase or Phases, including installation of underground sewers; graded, open swales, or ditches; and storm water-retention/detention areas. For the term of this Agreement,the CITY shall require no more than the size, degree, and type of storm water retention/detention required under all applicable CITY Ordinances including the Subdivision Control Ordinance and the Compensatory Storage Ordinance. 7. STREETS, SIDEWALKS. A. The DEVELOPER shall cause curb, gutter, street pavement, street lights, and public sidewalks to be installed upon the Property,that may be required to be installed off-site, in substantial conformity with the Preliminary Plan and preliminary engineering plan as finally approved as part of the Final Plan for each Phase or Phases; such improvements shall be designed and constructed in general conformity with the requirements of the CITY's Subdivision Ordinance as such requirements exist as of the Petition Filing Date. However,the DEVELOPER shall have no obligation to make roadway improvements or dedications of streets, roads, or rights-of-way to the CITY, except as provided for in this Agreement, the Final Plan and the final engineering plans for a particular Phases or Phases and not before the Final Plan encompassing the area in which the streets, roads, or rights-of-way are to be located has been approved by the CITY. The DEVELOPER shall comply with all requirements of the Illinois Department of Transportation and Kendall County regarding improvements to state and county roads. B. To the extent the improvements described in Paragraph 7.A are identified on the CITY's master roadway improvement and transportation plan as required to be installed in conjunction with the development of the Property, the CITY shall cooperate with the OWNERS 15 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 and DEVELOPER to cause any affected utility companies to relocate the utilities, at the company's sole expense, if the company is required by an existing franchise or easement agreement with the City to pay for the relocation. Any other required relocation of existing utilities shall be completed at no cost to the CITY. 8. GRADING. Prior to approval of a Final Plan for any portion of the Property, the CITY shall allow, and the DEVELOPER may commence, excavation, mass grading, filling and soil stockpiling, as well as construction of a temporary haul road for construction vehicles and equipment, in and upon the Property . The DEVELOPER agrees to comply with Ordinance 2003-19 for these activities. 9. CONTRACTORS' VEHICLES AND EQUIPMENT. The DEVELOPER's contractors' and subcontractors' supply storage trailers, vehicles, and equipment may be placed upon the Property, other than on proposed rights-of-way, and may remain upon the Property until the issuance of the last certificate of occupancy for the Property. 10. DEDICATION OF PUBLIC IMPROVEMENTS, EASEMENTS AND RIGHTS- OF-WAY. A. All public improvements, including streets, storm sewers, sanitary sewers and water mains, constructed on the Property, and any easements or rights-of-way as may be necessary for the maintenance of such public improvements, shall be conveyed or dedicated to the CITY following their completion by the DEVELOPER and acceptance by the CITY. All such conveyances and dedications shall be accepted by the CITY in accordance with the Subdivision Control Ordinance, provided that the public improvements comply with the final engineering plans and specifications and all punch list items generated by the CITY have been satisfactorily completed by the DEVELOPER. Upon approval, dedications of land shall be conveyed by trustee's or quit claim deed or by recorded plat of subdivision, and, in the case of personal property, all conveyances shall be by quit claim bill of sale. No further dedications of easements or rights-of-way shall be required of the DEVELOPER for any other purpose whatsoever. B. After the public improvements have been conveyed to and accepted by the CITY, the DEVELOPER agrees to provide a one-year warranty period for said improvements. Following the warranty period, the CITY, at its sole cost and expense, shall be responsible for the maintenance,repair,restoration, and reconstruction of all public improvements. C. Within thirty (30) days after (a) receipt of notice from the DEVELOPER that certain of the public improvements within a Phase or Phases have been completed, and (b) delivery to the CITY of all required documentation, consistent with the final engineering plans and specifications, the City Engineer shall inspect said improvements and indicate, in writing, 16 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall, within the thirty (30) day period, be set forth in a written notice to the OWNER or DEVELOPER. The reasons shall only relate to defects in labor and materials, and not to items in the nature of general and ordinary maintenance. Upon the OWNER's or DEVELOPER's correction of the items set forth in the notice, or objection to the alleged defects thereto, the City Engineer, at the OWNER's or DEVELOPER's request, shall re-inspect the improvements, as set forth in the City Engineer's previous notice, and either approve or disapprove the improvements, in writing, within thirty (30) days of receipt of the OWNER's or DEVELOPER's notice requesting the reinspection. As public improvements are partially completed and paid for by the DEVELOPER, the letter of credit, bond or other form of surety deposited by the DEVELOPER with the CITY shall be proportionately reduced on an individual improvement-by-improvement basis. D: To the extent the CITY requires temporary or permanent easements for the construction, installation, and maintenance of the public improvements described in this Agreement, the CITY shall provide the OWNER over which such easement will be located and the DEVELOPER with a written request identifying the required easements including the requested size, location,uses(s) and length of term of such easements. Within thirty(30) days of receiving such request, DEVELOPER shall either (i) submit for CITY approval and acceptance one or more properly signed and executed plats of easement and/or agreements to grant such easements or (ii) meet with CITY staff to identify alternative sizes, locations, uses, or lengths of term for the requested easements. CITY and DEVELOPER shall-negotiate in good faith to agree on final sizes, locations, uses, or lengths of term for the requested easements; provided, however, that the OWNER and DEVELOPER shall have no right to refuse any reasonable request of the CITY's for such temporary or permanent easements. All easements shall be granted pursuant to plats of easement and/or agreements prepared by DEVELOPER and at no cost to the CITY. 11. CONSTRUCTION GUARANTEE. The DEVELOPER may provide a construction guarantee in the form of either a bond, letter of credit or other security consistent with State law, to secure the installation of the public improvements for a Phase or Phases at the time of approval of a Final Plan for each Phase or Phases. The CITY agrees that if the DEVELOPER conveys the Property, or any part thereof, the CITY shall release the DEVELOPER from the construction guarantee to the extent of such conveyance, provided that the new owner of the Property provides a substitute construction guarantee that is substantially similar to that provided by the DEVELOPER- 12. FEES AND DONATIONS. A. The DEVELOPER and the Yorkville School District have agreed that the DEVELOPER shall finance the design and construction of a school building ("Yorkville School Building") to be constructed on the approximately 15 acre parcel DEVELOPER is conveying to the Yorkville School District pursuant to the East Village Annexation Agreement. The amount of such financing shall be equal to the amount of (i) School District Transition Fees and (ii) 17 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 School Land-Cash Fees-in-Lieu under CITY Ordinance No. 1996-3 as amended by CITY Ordinances 2003-12, 2004-22, 2005-37 ("City School and Park Impact Fee Ordinances"), required to be paid by the OWNERS or DEVELOPER for the benefit of the Yorkville School District. CITY acknowledges and agrees that all School District Transition Fees and School Land-Cash Fees-in-Lieu collected by it under this Agreement shall be paid directly to DEVELOPER in exchange for such financing. The DEVELOPER shall have the sole right and obligation to determine the methods and types of financing and shall enter into a separate agreement with the Yorkville School District concerning such financing and the schedule for completion of construction of the Yorkville School Building. B. The DEVELOPER owns 53 acres north of Galena Road as depicted in Exhibit G. ("North Galena Road Parcel'). Within two years of the Effective Date, the DEVELOPER shall convey, and the CITY shall accept, fee title to the 28.5 acres of property within the North Galena _ Road Parcel depicted in Exhibit G ("Gtilena Park Parcel'). Upon conveyance of the Galena Park Parcel, the CITY agrees to annex the 53-acre North Galena Road Parcel in its entirety and to develop and use the Galena Park Parcel solely for the public recreational uses of the CITY. C. The DEVELOPER agrees that it shall have the right, but not the obligation, to design and install, at the DEVELOPER's sole cost, playground facilities and other amenities of a kind, quality, and in locations, at each of the park sites depicted on the Concept Plan. Said playground facilities shall meet all current ASTM, CPSC and ADA requirements for playground standards. - D. In the instrument conveying any land to be donated hereunder, or by separate agreement, the DEVELOPER shall reserve or receive such utility, roadway, drainage, construction and access easements and rights-of-way as may be necessary to facilitate the development of the Property. Such instrument of conveyance shall also provide that the grantee of the land to be donated shall agree to convey any additional easements or rights-of-way for such purposes as may be necessary to carry out the purposes of this Agreement. E. The responsibility for the improvement and maintenance of any land donated by the DEVELOPER pursuant to this Agreement shall be accepted by the CITY, and all such lands shall be used in a manner compatible with the Concept Plan, the East Village Annexation Agreement, the South Village Annexation Agreement, and with the DEVELOPER's use, development, and enjoyment of the Property. F. The land and fee donations and contributions imposed upon the OWNERS and DEVELOPER by this Section 12 satisfy the intended purposes of the CITY's land dedication and impact fee requirements for schools, parks, utilities and other public services pursuant to the Requirements of Law including, but not limited to, the School and Park Impact Fee Ordinances in effect as of the Petition Filing Date. Notwithstanding Section 22 of this Agreement, no increase in the CITY's school and park land or fee donation requirements, nor any substitute or replacement school and park land or fee donations, nor any ordinance of the CITY amending the School and Park Impact Fee Ordinances, shall have any further application to the Property. 18 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Except as specifically provided for in this Agreement, no donation of land or payment of any fee to the CITY shall be required of the OWNERS or DEVELOPER. G. The PARTIES acknowledge and agree that the (i) CITY Roadway Improvement Contribution described in Exhibit F shall be paid in an amount equal to two thousand dollars ($2,000.00) per unit on the Property up to a total not to exceed five million two hundred eighty- four thousand dollars ($5,284,000) ("City Roadway Improvement Contribution") and (ii) County Roadway Improvement Contribution described in Exhibit F shall be paid in an amount equal to one thousand five hundred forty-nine dollars($1,549.00)per unit on the Property up to a total not to exceed four million ninety-two thousand, four hundred fifty-eight dollars ($4,092,458) ("County Roadway Improvement Contribution") . To the extent the Developer pays for the costs of designing and constructing Corneils Road, Galena Boulevard, East and West Beecher Road, Westbury Boulevard, West Village Road, or Eldemain Road, such costs shall- be credited against the DEVELOPER's City and County Roadway Improvement Contributions on a dollar for dollar basis, with any excess amounts being reimbursed to the DEVELOPER, upon the submission by the DEVELOPER of written evidence itemizing such costs. The City and County Roadway Improvement Contributions shall be allocated on a per dwelling unit basis. H. The DEVELOPER agrees to contribute one hundred thousand dollars ($100,000) to fund the Western Corridor Roadway Study. This study will be conducted by the CITY and will be used to determined the final geometry and design of the Beecher Roadway Corridor from Route 34 to Baseline Road. I. Within two years of the Effective Date, the DEVELOPER shall convey to the Bristol-Kendall Fire Protection District fee title to 2.5 acres of property within the North Galena Road Parcel as depicted in Exhibit G. ("Fire Station Parcel"). Such conveyance shall include language requiring the Fire Protection District to design and construct a fire station on the Fire Station Parcel within 18 months following such conveyance and if such fire station is not installed, available, and operational within such 18 month period,that the Fire Protection District shall reconvey fee simple title of the Fire Station Parcel to the DEVELOPER, shall remove all improvements thereon, restore the Fire Station Parcel to the same condition as existed as of the sate of conveyance, and remove any encumbrances to title recorded after conveyance unless such encumbrances are otherwise acceptable to the DEVELOPER. J. The DEVELOPER shall reimburse the CITY for no more than one million two hundred thousand dollars ($1,200,000) of the CITY's engineering costs for designing the widening improvements to Illinois Route 47 between Baseline Road and Corneils Road ("Corneils-Baseline Route 47 Improvements"). Such reimbursements by the DEVELOPER shall be included within the special service area bonds described in Section 18 of the Agreement. The CITY shall submit to the DEVELOPER written evidence of such engineering costs and a request for reimbursement no more often than once every three months and the DEVELOPER shall pay such costs within 30 days of receipt. The DEVELOPER's reimbursement obligation to the CITY shall not exceed$300,000 in any three-month period. In exchange for DEVELOPER's 19 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 obligation to reimburse the CITY as provided in this Paragraph J, the CITY guarantees that the Corneils-Baseline Route 47 Improvements shall be completed on or before , 200_. ("Corneils Baseline Route 47 Improvement Completion Date") If the CITY shall fail to complete construction of the Corneils-Baseline Route 47 Improvements by the Corneils-Baseline Route 47 Improvement Completion Date, the CITY shall repay the DEVELOPER, within 30 days of receiving a written request from the DEVELOPER requesting such repayment. for the reimbursement amounts paid by DEVELOPER under this Paragraph J, with interest accruing at 10%per annum from the date such amounts were received by the CITY until repayment is made, 13. BUILDING PERMITS. A. The CITY shall issue building permits for which the OWNERS or DEVELOPER shall apply within a reasonable period of time after the date of.application therefor or within a reasonable period of time after the CITY's receipt of the last of the documents and information required to support such application. Such period of time shall not exceed ten (10) days where application is made by the DEVELOPER pursuant to master building plans therefor approved by the Corporate Authorities, nor thirty (30) days in any other instance. If the application is disapproved,the CITY shall provide the applicant with a statement in writing within such period, specifying the reasons for denial of the application, including specification of the requirements of law which the application and supporting documents fail to meet. The CITY shall issue such building permits within ten (10) days of the applicant's compliance with those requirements of law so specified by the CITY. B. The DEVELOPER may apply for building permits to begin construction on portions of the Property provided that base course streets and necessary sanitary sewer and water facilities and improvements are properly installed to serve such buildings or units and adequate areas of parking are provided for private, company, and delivery vehicles. The CITY shall grant such applications with the understanding that no occupancy permits shall be issued other than in compliance with Section 14 of this Agreement. The DEVELOPER shall provide a hold harmless letter to both the CITY and the Bristol-Kendall Fire Protection District upon application for building permits under this Paragraph B. The DEVELOPER agrees that all new fire hydrants shall be bagged until they are placed into service. C. The CITY shall permit the DEVELOPER to install holding tanks and temporary sewage treatment and water facilities to serve sales offices, temporary structures and models permitted under this Agreement,provided: 1. All laws governing construction, installation and operation thereof are complied with; and 2. Such holding tanks, temporary sewage treatment and water facilities are removed and disconnected, at the DEVELOPER's sole cost, within sixty (60) days of the date permanent sewer and water services become available and connected to such structures. 20 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 14. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for any dwelling on the Property within three (3) days of proper application therefor or within three (3) days of the receipt of the last of the documents or information customarily required to support such application,whichever is later. If the application is disapproved, the CITY shall provide the applicant with a written statement specifying the reasons for denial of the application, including specification of the Requirements of Law which the application and supporting documents fail to meet. The CITY shall issue certificates of occupancy within three (3) days of the applicant's compliance with those requirements of law so specified by the CITY. B. Temporary certificates of occupancy shall be issued by the CITY when conditions within reason do not permit completion of interior and exterior work;provided that: 1. Adequate security, which may be by a bulk surety in the form of a bond, has been posted with the CITY, or arrangements have been made with a title company designated by the DEVELOPER, in order to ensure the completion of such improvements; and 2. Binder course streets and necessary sanitary sewer and water facilities and improvements are properly installed to serve such buildings or units. C. No certificate of occupancy shall be applied for by the DEVELOPER or issued by the CITY until the building or structure which is the subject of the application is connected and able to be served by an adequate sanitary sewer and water supply, provided however that the CITY shall issue certificates of occupancy if the access roads are not paved but contain a binder course surface. Notwithstanding the foregoing, the CITY shall issue temporary certificates of occupancy for model buildings and sales offices prior to the availability of sanitary sewer or water service. 15. MODELS, SALES OFFICES AND SIGNAGE. A. Until the development of the Property is completed, the DEVELOPER shall have the right to construct and maintain model homes on the Property without restriction as to the number or location before the base course of asphalt is laid. The DEVELOPER shall be required to obtain building permits and certificates of occupancy with respect to such models, normally and customarily required by City Code, subject to the other provisions of this Agreement. The DEVELOPER may utilize such models as project offices for the marketing of the Property. B. The DEVELOPER shall have the right to construct and maintain sales offices, including, without limitation, sales trailers, on the Property without restriction as to the number or location, in addition to the models used as sales offices described in subparagraph A of this section before the base course of asphalt is laid. The DEVELOPER shall have the right to 21 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 construct other temporary structures, such as construction trailers. The DEVELOPER shall be required to obtain building permits and certificates of occupancy with respect to such sales offices, normally and customarily required by City Code, subject to the other provisions of this Agreement. C. Models, sales offices,temporary structures,temporary parking lots, and signs may be constructed and maintained on portions of the Property prior to approval of a Final Plan, provided that the DEVELOPER has applied for approval of a Final Plan, and provided further that the location of any models are in locations consistent with the Preliminary Plan. The DEVELOPER shall be permitted to erect temporary fencing to enclose the areas, including parking areas, around models. D. The DEVELOPER shall have the right to construct, install_and maintain signs, including temporary flags for sales events, on the Property, without restriction as to number, location, or size, advertising the sale, leasing, marketing, or development of the Property. The DEVELOPER shall also be permitted to illuminate the signs and models to ensure their visibility. E. The CITY shall permit the DEVELOPER, and its duly authorized representatives, to install temporary waste water holding tanks, water facilities and unpaved, granular roads to serve sales offices,model homes and other temporary structures permitted under this Agreement, provided-ghat--such tanks and water facilities shall be removed and disconnected, at the DEVELOPER's sole cost, at such time as public sewer and water systems become available and the structures are connected thereto and provided further that the DEVELOPER shall pave such roads when that portion of the Property is developed. F. Permanent entry monuments shall be allowed at each major entrance to the Property and at the entrance(s) to each separate "pod" within the Properly. Said monuments shall be of brick, stone or other permanent material, and shall contain an identification sign with the name of the community and the DEVELOPER's name and logo. Said monuments shall not be located within any public right-of-ways or easements and shall remained owned and maintained by the Association established in Section 20. G. All traffic control devices in the Property shall be designed and installed in compliance with Illinois Department of Transportation standards and specifications as provided in Article III of the Illinois Vehicle Code (625 ILCS 5/11-301 et seq.) ("IDOT Device Standards"). The DEVELOPER shall have the right, at its sole discretion, to design traffic control devices characteristic to the Westbury development subject to CITY approval, which approval shall not be unreasonably withheld, and provided that such devices comply with IDOT Device Standards. 16. BUILDING PLANS. 22 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 The DEVELOPER shall have the right to submit to the CITY for its review and approval, a master building plan for each different model of single family dwelling to be constructed on the Property. Subsequent to the approval of any master building plan as aforesaid, all applications for building permits in substantial accordance with a master building plan shall be deemed approved by the CITY and no further submission or approval of building plans shall thereafter be required for the issuance of a building permit for the construction of any building pursuant to an approved master building plan. Nothing herein, however, shall be construed as a waiver of the requirement that a building permit be obtained and the appropriate permit fee paid as required by the CITY building code for each building to be constructed on the Property, subject to the terms of this Agreement. 17. OPEN SPACE The CITY acknowledges and agrees that the proposed development depicted on the Concept Plan contains unique open space features including, but not limited to, a golf course of approximately 170 acres, approximately 149 acres of detention/retention, and other open space areas that were not necessarily contemplated for in CITY ordinances, regulations, standards and rules, including, but not limited to, the open space requirements described in the Specification Standards (collectively"Open Space Laws"), that govern the amount of required open space for planned unit developments and subdivisions of the density, size, and use described in this Agreement. As a result, the CITY agrees and acknowledges that the open space areas incorporated into the proposed development-depicted on the Concept Plan shall satisfy all CITY requirements regarding the amount of required open space in lieu of any contrary or additional requirements in the Open Space Laws in effect as of the Petition Filing Date, including, without limitation, standards for the amount of storm water detention/retention, and any and all such amendments thereto that may be adopted during the term of this Agreement. 18. SPECIAL SERVICE AREAS SPECIAL ASSESSMENTS, TAXATION, AND RECAPTURE. A. Upon request of the DEVELOPER, the CITY shall conduct all public hearings, enact all ordinances, and grant all approvals required by law to establish one or more special service areas pursuant to the Illinois Special Service Area Tax Law (35 ILCS 200/27-5 et seq.), special assessments or special taxes pursuant to Article 9 of the Illinois Municipal Code, or similar funding mechanisms acceptable to the DEVELOPER over all or a portion of the Property as a primary funding mechanism for the design, construction, and installation of the public improvements identified by the DEVELOPER including, but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services 23 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 and other eligible costs. At the request of the DEVELOPER, the CITY shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the CITY in amounts sufficient to fund the public improvements to be retired over a period not to exceed forty (40) years from the date of their issuance. The bonds shall be retired by the levy of an annual tax or assessment levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area. B. Without the prior written consent of DEVELOPER, the CITY shall not (a) levy against any real or personal property within the Property, any special assessment or special taxation for the cost of any improvements in or for the benefit of the Property; or (b) impose additional taxes upon the Property, in the manner provided by law for.the provision of special . . services to the Property or an area in which the Property is located or for the payment of debt incurred in order to provide such special services, including specifically, but not by way of limitation, the creation of"special service areas" or the levy of differential taxes with respect to or in the Property. Nothing in this section shall prevent the CITY from levying or imposing additional taxes upon the Property in the manner provided by law for the provision of special services to the entire CITY, which additional taxes are ratably applied to all other areas in the CITY on a valuation basis, or from levying or imposing additional taxes upon the Property which are applicable to and apply equally to all other properties within the CITY. C. The CITY agrees at the request of the DEVELOPER, to enter into agreements for recapture for all or a portion of the total cost of improvements benefiting properties not exclusively serving the Property and constructed or paid for by the DEVELOPER. Any such recapture agreement shall identify the benefited properties and their proportionate benefit or use of the improvements for purposes of establishing the recapture amounts. Each recapture agreement shall be subject to approval by the DEVELOPER, which approval shall not unreasonably be withheld. D. In every transaction for the sale of any portion of the Property by an OWNER to an entity not under the control of the OWNER ("Subsequent Buyer"), the special service area informational notice attached to this Agreement as Exhibit H ("SSA Notice") shall be attached as a rider to the sales contract. The sales contract shall also require the Subsequent Buyer to provide a copy of the SSA Notice to any future purchaser of the Property up to and including the purchaser of the first improved unit on the Property. In addition, upon the first sale by an OWNER to a Subsequent Buyer, the Subsequent Buyer shall record a copy of the SSA Notice with the Kendall County Recorder so that such SSA Notice shall run with the title of the purchased property. 19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS. Upon request of the DEVELOPER, the CITY shall enact all ordinances and grant all approvals required by law to approve one or more economic development incentive agreements 24 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 in substantially the form attached to this Agreement as Exhibit I pursuant to Section 8-11-20 of the Municipal Code to share or rebate fifty percent (50%) of the retailers' sales or occupation taxes generated by a qualified portion of the Property for a period no less than ten (10) years following the issuance of certificates of occupancy for the portions of the Property. At the request of the DEVELOPER, the CITY shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the CITY to be paid from such retailers' sales or occupation taxes. 20. COVENANTS CONDITIONS AND RESTRICTIONS; HOMEOWNERS' ASSOCIATION. The PARTIES acknowledge and agree that the development of the Property shall proceed in conformity with, and that.no development shall occur other than in accordance with, the Concept Plan(or any Preliminary Plans approved by the CITY) and such covenants, conditions, and restrictions to be prepared by the DEVELOPER and recorded against the Property which covenants shall include,without limitation,the obligation of the DEVELOPER and OWNERS to payment of all required development fees, costs, and contributions as provided for in this Agreement. The OWNERS and the DEVELOPER shall establish one or more declarations of covenants, conditions and restrictions, establishing one or more Homeowners Associations ("Associations") among lot owners within the Property. The Association shall have the primary responsibility and authority to maintain all common facilities within the Property and shall levy assessments against lot owners within the Property sufficient to meet such maintenance obligations. The maintenance responsibility of the Association shall include regular care, maintenance, renewal and replacement of the common facilities including storm water detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes,removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition. The OWNERS and the DEVELOPER agree that the CITY may establish a Dormant Special Service Area ("Dormant SSA") at the time of approval of a Final Plan for a Phase or Phases to act as a back up if Association fails to maintain the common facilities provided, however, no Dormant SSA tax shall be levied or assessed on any portion of the Property unless (i) there is a material failure to maintain the common facilities, (ii) the CITY provides the Association notice of such failure and (iii) the Association fails to cure such failure within 60 days of receiving such notice. Any Dormant SSA taxes levied or assessed under this paragraph shall be at rates sufficient to generate revenue to pay, and shall be used solely and exclusively, for the CITY's costs of performing the maintenance activities. 21. CITY INSPECTIONS. 25 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 In the event the CITY's administration of the development of the Property requires additional personnel to conduct inspections of public improvements constructed by the DEVELOPER on the Property, the DEVELOPER shall have the right to designate a qualified engineering firm mutually acceptable to the CITY and DEVELOPER to provide inspections of such public improvements. Such inspections shall be in lieu of inspections by employees of the City. The cost of all services performed by such engineering firm pursuant to this Section hereof shall be paid by the DEVELOPER. 22. APPLICABILITY OF LAWS AND FEES. A. No amendment to City Codes governing the development of the Property including, but not limited to, the CITY's Zoning and Subdivision Ordinances, that is adopted after the Petition Filing Date shall apply to the Property during the term of this-Agreement except the following: 1. Amendments expressly required by this Agreement; and 2. Amendments to which the Owner has expressly consented in writing. B. During the first five years following the Effective Date, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, only those fees and charges, in such amount or at such rate, as are in effect on the Effective Date as itemized in Exhibit J. On the .M.--- fifth anniversary of the Effective Date and continuing through to the tenth anniversary of the Effective Date, such fees and charges in effect on the Effective Date shall be imposed in those amounts, or at those rates, in effect as of the fifth anniversary date of the Effective Date. On the tenth anniversary of the Effective Date and continuing through to the fifteenth anniversary of the Effective Date, such fees and charges in effect on the Effective Date shall be imposed in those amounts, or at those rates, in effect as of the tenth anniversary date of the Effective Date. On the fifteenth anniversary of the Effective Date and continuing through to the end of the term of this Agreement, such fees and charges in effect on the Effective Date shall be imposed in those amounts, or at those rates, in effect as of the fifteenth anniversary date of the Effective Date. 23. TERM. The term of this Agreement shall be for 20 years from the Effective Date. 24. REMEDIES. A. This Agreement shall be enforceable in any court of competent jurisdiction by the PARTIES, or by any successor or successors in title or interest or by the assigns of the PARTIES. Enforcement may be sought by an appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions and obligations contained herein. 26 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 B. The DEVELOPER may terminate this Agreement if the CITY should fail to annex and zone the Property in the manner provided in this Agreement. C. In the event of a material default under this Agreement, the PARTIES agree that each PARTY shall have thirty (30) days after notice of said default to correct the same prior to the non-defaulting parry's seeking of any remedy provided for herein. Said thirty (30) day period shall be extended, for a reasonable time, if said default cannot reasonably be cured within said 30 day period, provided said party has initiated the cure of said default within said 30 day period and continues to diligently prosecute the cure of the same. D. If any PARTY shall fail to perform any of its obligations hereunder, and the other party affected by such default shall have given written notice of such default to the defaulting party,and such defaulting party shall have failed to cure such default within the applicable time period provided for in paragraph C above, then, in addition to any and all other remedies that may be available, either in law or in equity, the party affected by such default shall have the right,but not the obligation, to take such action as in its reasonable discretion and judgment shall be necessary to cure such default, and in such event, the defaulting party hereby agrees to pay and reimburse the party affected by such default for all reasonable costs and expenses incurred by it in connection with the action taken to cure such default. E. In the event the performance of any covenant to be performed hereunder by any PARTY is delayed for causes which-are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not be limited to, acts of God, inclement weather conditions, strikes, material shortages, lockouts, acts of civil disobedience and the revocation, suspension or inability to secure any necessary government permit, license or authority)the time for such performance shall be extended by the amount of time of such delay. F. 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. 25. MEDIATION. Any dispute which may arise relating to this Agreement between two or more PARTIES that can not be resolved to the satisfaction of each such PARTY shall first require the such PARTIES to participate in mediation in accordance with mediation practices and procedures of the Circuit Court of Illinois for the Sixteenth Judicial Circuit; provided, however, that such mediator shall be a former federal or Illinois appellate court judge,unless the PARTIES otherwise mutually agree; and provided further that either party may terminate such mediation upon(thirty) 30 days'written notice to the other party. Such PARTIES agree to share equally in the costs of the mediation which shall be administered by one mediator acceptable to such PARTIES. The mediator shall provide a written opinion upon the request of any PARTY to the 27 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 dispute. The PARTIES acknowledge and agree that materials filed in such mediation shall be deemed to be confidential records relating to litigation. 26. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreement and negotiations between the PARTIES relating to the Property but specifically does not supersede in any manner the terms and conditions of the East Village Annexation Agreement or the South Village Annexation Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between and among the PARTIES relative to the Party and the subject matter of this Agreement, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied,between or among them, other than as herein set forth. B. Except_as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the PARTIES unless reduced to writing and signed by them or their successors in interest or their assigns; provided, however, that any amendment affecting only a portion of the Property shall be effective upon the execution of an instrument by and among the CITY, the DEVELOPER, and the Owner or OWNERS of such portion of the Property. C. All recitals and exhibits to this Agreement are incorporated herein by this r-- xeference. 27. APPROVALS. Whenever any approval or consent of the CITY, OWNERS, or DEVELOPER or any of their departments, officials or employees is called for under this Agreement, the same shall not be unreasonably withheld, conditioned, or delayed. 28. SEVERABILITY. In the event any provision, phrase, paragraph, article or portion of this Agreement is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such finding of invalidity, illegality or unenforceability as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. If, for any reason, this Agreement, or any provision hereof, is ruled invalid, in whole or in part, the CITY shall expeditiously take such action(s) (including the giving of such notices,the holding of such public hearing and the adoption of such ordinances and resolutions) as may be necessary to give effect to the spirit of this Agreement and the intentions of the PARTIES as reflected by the terms of this Agreement. Neither the PARTIES, nor any party claiming by or through them, shall contest or dispute the validity, legality or enforceability, or assert the invalidity, illegality or unenforceability, of any phrase, paragraph, article, or provision of this Agreement or of any ordinance adopted by the CITY pursuant to this Agreement. 28 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 29. ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the PARTIES and their respective successors and assigns, including successor members of the Corporate Authorities and successor grantees, purchasers, and owners of the Property; provided, however, that no person shall be deemed as successor or assign of the DEVELOPER except upon written acknowledgement by the DEVELOPER Notwithstanding the foregoing, DEVELOPER may delegate the exercise of any rights or obligations of DEVELOPER pursuant to this Agreement to any person; provided that such delegation is in writing addressed to the CITY and sets for with particularity the rights and obligations of the delegatee. 30. TIME Time is of the essence of this Agreement and all documents, agreements and contracts pursuant hereto. 31. NOTICE. All notices, elections or other communications between the 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 such other address as the PARTIES may,by notice, designate: If to the CITY: United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Attn: City Manager with a copy to: John Wyeth,Esq. City Attorney 800 Game Farm Road Yorkville,IL 60560 If to the DEVELOPER: Michael J.Ferraguto Ocean Atlantic Chicago LLC 1800 Diagonal Road Suite 425 Alexandria,VA 22314 and Patrick J. Hughes Ocean Atlantic Chicago LLC 1751 W. Diehl Road, Suite 130 29 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Naperville,IL 60563 with a copy to: David S. Warner, Esq. Freeborn&Peters 311 S. Wacker Dr., Suite 3000 Chicago, IL 60606 If to the OWNERS: [List All OWNERS] Notices shall be deemed received on the third business day following deposit in the U.S. mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 32. RIGHTS CUMULATIVE. Unless expressly provided to the contrary in this Agreement, each and everyone of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. 33. JOINT AND SEVERAL LIABILITY. All liabilities, obligations, and duties provided for in this Agreement are the joint and several liability, obligation, and duty of the PARTIES. 34. GOVERNING LAW. This Agreement shall be governed by, and enforced in accordance with,the internal laws,but not the conflicts of laws rules, of the State of Illinois. 35. COUNTERPARTS. This Agreement may be signed and executed in one or more counterparts with each having the effect of original signature. [SIGNATURE AND EXECUTION PAGES TO BE ADDED] 1228782v1 30 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 EXHIBIT D Exceptions to Applicable Codes Subdivision Control Ordinance No.2002-2 Adopted 03-09-00 1) Section 7.06 Street Jogs: Subdivision Control Ordinance Requirement: Street intersection jogs with center line offsets of less than one hundred fifty (150) shall be prohibited. Variance Requested: An exception for eyebrows with landscaped islands or driveways into motor courts. 2) Figure 2 on page S23: Subdivision Control Ordinance Requirement: Minimum radius to Centerline of Horizontal Curves for Local, Minor for row house and apartments, 150 ft. Variance Requested: The ability to decrease to 60' radius on internal loop streets with less than 30 units. One Family Residence District Single Family Detached: 1) Minimum Lot Size: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B - R-2 One Family Residence District; Section 10-613-3: Lot Area and Allowable Density; Item B) Lots served by both public sewerage and water facilities shall have an area of not less than Twelve Thousand (12,000) Square Feet and a width at the building line of not less than eighty feet(80'). Density shall not exceed three and three-tenths(3.3)dwelling units per acre. Variance Requested: Minimum lot size shall be The Thousand (10,000) Square Feet when the lot abuts open space. Cluster homes, zero lot line and age-targeted single-family lots can be a minimum of Six Thousand(6,000)Square Feet. 2) Residential Side Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B - R-2 One Family Residence District; Section 10-66-4:Yard Areas; Item B—Side Yards) 31 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 A side yard on each side of the zoning lot of not less than Ten Feet (10') or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to Thirty Feet(30'). Variance Requested: The exterior corner side yard adjoining a street shall be a minimum of Twenty Feet (20') and all other side yards required to have 10%of the lot width. General Residence District: Courtyard Homes-Single Family Attached: 1) Residential Front Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Articie D - R-4 General Residence Section 10-6D-4: Yard Items; Item B—1) Front Yard: Not less than Thirty Feet(30'). Variance Requested: Front yard not less than Twenty Feet(20'). 2) Residential Side Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items; Item B—2) Side Yards: Two (2) side yards, each Twelve Feet (12') in width; or, a side yard of sixty percent(60%)of the building height(whichever is greater), except a side yard adjoining a street shall not be less than Twenty Feet(20') in width. Variance Requested: Side Yards:Two(2)side yards,each Ten Feet(10') in width. Side Yard adjoining a private street: If adjacent to a private street, the minimum side yard shall be Twenty Feet(20')from the edge of pavement. 3) Residential Rear Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-6D-4:Yard Items; Item B—3) Rear Yard: Rear yard not less than Forty Feet(40')in depth. (Ord. 1973-56A, 3-28-74) Variance Requested: Rear Yard: Rear yard not less than Thirty Feet(30')in depth. Townhomes-Single Family Attached: 1) Residential Front Yard Setbacks: 32 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-613-4:Yard Items; Item B—1) Front Yard: Not less than Thirty Feet(30') Variance Requested: Front Yard: Not less than Twenty Feet(20') 2) Residential Side Yard Setbacks: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General Residence Section 10-613-4:Yard Items; Item B—2) Side Yards: Two (2) side yards, each Twelve Feet(12') in width; or, a side yard of sixty percent(60%)of the building height(whichever is greater), except a side yard adjoining a street shall not be less than Twenty Feet(20')in width. Variance Requested: Side Yards:Two(2)side yards, each Ten Feet(10')in width. Minimum Buildin4 Separations—Single Family Attached: Minimum building separations in Single Family Attached Pods shall be as follows: a) Rear to Rear 60' b) Front to Side 40' c) Garage to Garage 60' d) Side to Rear 40' e) Side to Side 20' D Front to Front 50' Minimum Roadway Standards-Single Family Attached: 1) Minimum Right-of-Way Width: Subdivision Control Ordinance Requirement: United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum right-of- way width for Local, Minor streets for row houses and apartments as Sixty Feet(60'). Variance Requested: Right-of-way width for Local, Minor streets for multi-family parcels-Sixty Feet(60'). 2) Minimum Roadway Width: Subdivision Control Ordinance Requirement: United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum roadway width for Local, Minor streets for row houses and apartments as Thirty Feet(30'). Variance Requested: 33 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 Roadway width for Local, Minor streets for multi-family parcels with no on-street parking-Twenty Four Feet(24') 34 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 EXHIBIT F Name of Fee Amount Time of Payment Paid to School District Office prior to issuance for 1 School District Transition Fee $3,000 per unit 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 At time of building permit allocated per unit, paid at City Hall with separate 3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre check made out to YBSD At time of building nerrrit allocated per unit, paid at Yorkville Bristol Sanitary District Infrastructure City Hall with separate 4 Fee $3,523 per acre check made out to YBSD $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 $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 Buil ding Permit 11a Public Works(Development Impact Fee $700 per unit Building Permit 11b Police(Development Impact Fee $300 per unit Building Permit 11d Libra (Development Impact Fee $500 per unit Building Permit 11e Parks and Rec(Development Impact Fee $50 per unit Building Permit 11f Engineering(Development Impact Fee $100 per unit Building Permit Bristol Kendall Fire District(Development Impact 11 Fee) $1,000 per unit Buildi.ng Permit As provided in Section 12 of the As provided in Section 12 of 12 Parks Land Cash Fee A reement. the Agreement. As provided in Section 12 of the As provided in Section 12 of 13 School Land Cash Fee Agreement. the Agreement. 35 ATTACHMENT 5 DRAFT 6128106 Revised 8101106 Revised 8110106 Revised 11113106 14 City Road Contribution Fund $2,000 per unit Building Permit 15 County Road Contribution Fund $1,549 per unit Building Permit 16 Weather Warning Siren $75 per acre Final Plat 17 Municipal Building Fee $2,000 per unit Building Permit 1.75% of Approved Engineer's Estimate of Cost of Land 18 Administration Review Fee - Improvements Final Plat 1.25% of Approved Engineer's Estimate of Cost of Land 19 Engineering Review Fee Improvements Final Plat 36 UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2007-_ AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SALES TAX REVENUE BONDS, SERIES 2007 (KENDALL MARKETPLACE PROJECT) ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The 23rd day of January, 2007 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois this 23rd day of January, 2007. CH12_659942.2 ORDINANCE NO. 2007-_ AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS SALES TAX REVENUE BONDS, SERIES 2007 (KENDALL MARKETPLACE PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1. Findings and Declarations. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the"Ciff") as follows: a. The City has previously designated the Kendall Marketplace Business District described more fully in Exhibit A to this Ordinance (the "Business District") pursuant to Ordinance Number 2006-_ adopted on December 12, 2006 (the "Designation Ordinance") and the provisions of the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. (the "Business District Act") and has otherwise complied with all other conditions precedent required by the Business District Act. b. It is necessary and in the best interests of the City to provide at this time improvements benefiting the Business District consisting of landscaping, storm and sanitary sewer facilities, lighting, parking, and other eligible costs to serve the Business District (the "Improvements"). The City presently estimates the total cost of these Improvements together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest(collectively,the "Costs of the Improvements")to be approximately $12,000,000. C. The City does not have sufficient funds on hand or available from other sources with which to pay the Costs of the Improvements. d. It is in the best interests of the City to issue not to exceed $12,000,000 principal amount of its Sales Tax Revenue Bonds, Series 2007 (Kendall Marketplace Project) (the "Bonds") as provided in this Ordinance, to pay or provide funds for a portion of the Costs of the Improvements. e. The borrowing of the sum of not to exceed $12,000,000 and the issuance of the Bonds in that amount are for purposes constituting business district project costs in the Business District under the Business District Act. f. After due publication of a notice as required by the Business District Act, public hearings to consider the establishment of the Business District, the approval of a business district development plan for the Business District, the imposition of a retailers' occupation tax and a service occupation tax in the Business District for the planning, execution, and implementation of the business district plan and for the payment of business district project costs as set forth in such plan, and the issuance of obligations by CHI2_659942.2 the City to provide for the payment of business district project costs secured by the business district tax allocation fund established pursuant to the Business District Act, were held on October 17, 2006 and October 24, 2006 at 7:00 p.m. Section 2. Issuance of Bonds. The City shall borrow the sum of not to exceed $12,000,000 by issuing the Bonds as provided in this Ordinance. The Bonds which shall be designated"United City of Yorkville, Kendall County, Illinois Sales Tax Revenue Bonds, Series 2007 (Kendall Marketplace Project)," and shall be issued for the purpose of providing a portion of the funds needed for the Costs of the Improvements. The Bonds shall be issued and secured pursuant to the powers of the City pursuant to the Business District Act and the Local Government Debt Reform Act, 30 ILCS 350/1 et M. (the"Debt Act"). Section 3. Approval of Documents. There have been submitted to the City Council forms of the following documents relating to the issuance of the Bonds: a. a form of Trust Indenture (the "Indenture') between the City and The Bank of New York Trust Company,N.A., as Trustee, to be dated as of February 1, 2007, which form of Indenture is attached as Exhibit B to this Ordinance; b. a form of Bond Purchase Agreement (the "Bond Purchase Agreement") among the City, William Blair & Company, L.L.C., as Underwriter (the "Underwriter"), and Cannonball LLC (the "Developer") to be dated as of the date the offer of the Underwriter to purchase the Bonds is accepted by the City, which form of Bond Purchase Agreement is attached as Exhibit C to this Ordinance; C. a form of Development Agreement between the Developer and the City, which form of Development Agreement is attached as Exhibit D to this Ordinance; and d. a form of the preliminary Limited Offering Memorandum (the "Limited Offering Memorandum") used by the Underwriter in its initial offering of the Bonds, which form of Limited Offering Memorandum is attached as Exhibit E to this Ordinance. Such documents are approved as to form and substance and the Mayor and the City Clerk of the City are authorized and directed to execute and deliver and/or authorize the use of such documents on behalf of the City in the forms submitted with such additions, deletions and completions of the same (including the establishment of the terms of the Bonds within the parameters set forth in this Ordinance) as the Mayor and the City Clerk deem appropriate; and when each such document is executed, attested, sealed and delivered on behalf of the City, as provided herein, each such document will be binding on the City; from and after the execution and delivery of each such document, the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such additional documents as may be necessary to carry out, comply with and perform the provisions of each such document as executed; and each such document shall constitute, and hereby is made, a part of this Ordinance, and a copy of each such document shall be placed in the official records of the City, and shall be available for public inspection at the office of the City Clerk. Either the Mayor or the City Clerk is authorized and directed, subject to the terms of the Bond Purchase Agreement as executed, to execute the final Limited Offering Memorandum in 2 CHI2_659942.2 substantially the form of the preliminary Limited Offering Memorandum presented hereto with such changes, additions or deletions as they deem appropriate to reflect the final terms of the Bonds, the Indenture and other matters. Section 4. Bond Terms. The Bonds shall be issued as provided in the Indenture and shall be issued in the principal amount of not to exceed $12,000,000, shall be dated, shall mature, shall bear interest at the rates (not to exceed in any year seven percent (7%)per annum) and shall be subject to redemption at the times and prices as set forth in the Indenture, and shall be sold to the Underwriter at a purchase price of not less than 98.5% of the principal amount of the Bonds with an original issue discount of not to exceed 2% of the principal amount of the Bonds, all as set forth in the Bond Purchase Agreement. The execution and delivery of the Bond Purchase Agreement by the Mayor and the City Clerk shall evidence their approval of the terms of the Bonds set forth above. Section 5. Execution and Delivery of Bonds. The Mayor and the City Clerk are authorized and directed to execute and deliver the Bonds and, together with other Authorized Officers (as defined in the Indenture), to take all necessary action with respect to the issuance, sale and delivery of the Bonds, all in accordance with the terms and procedures specified in this Ordinance and the Indenture. The Bonds shall be delivered to the Trustee who is directed to authenticate the Bonds and deliver the Bonds to the Underwriter upon receipt of the purchase price for the Bonds. The Bonds shall be in substantially the form set forth in the Indenture. Each Bond shall be executed by the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk and shall have the corporate seal of the City affixed to it (or a facsimile of that seal printed on it). The Mayor and the City Clerk (if they have not already done so) are authorized and directed to file with the Illinois Secretary of State their manual signatures certified by them pursuant to the Uniform Facsimile Signatures of Public Officials Act, as amended, which shall authorize the use of their facsimile signatures to execute the Bonds. Each Bond so executed shall be as effective as if manually executed. In case any officer of the City whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before authentication and delivery of any of the Bonds, that signature or facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The Bonds shall contain a recital that they are issued pursuant to Section 11-74.3(14) of the Business District Act. Such recital shall be conclusive evidence of the validity of the Bonds and the regularity of their issuance. No Bond shall be valid for any purpose unless and until a certificate of authentication on that Bond substantially in the form set forth in the bond form in the Indenture shall have been duly executed by the Trustee. Execution of that certificate upon any Bond shall be conclusive evidence that the Bond has been authenticated and delivered under this Ordinance. Section 6. Bonds are Limited Obligations: Pledged Revenue. The Bonds shall constitute limited obligations of the City, payable from the Pledged Revenue (as defined below) generated in the Business District as provided below. The Bonds shall not constitute the general CHI2_659942.2 3 obligations of the City and neither the full faith and credit nor the unlimited taxing power of the City shall be pledged as security for payment of the Bonds. Pursuant to the Indenture and in accordance with the Debt Act, the Issuer shall pledge to the payment of the Bonds the "Pledged Revenue," which is equal to fifty percent (50%) of the "Local Sales Taxes," which are the total revenue from taxes, penalties and interest which are paid to the Issuer from the Local Government Tax Fund as created by 35 ILCS 120/3, as amended, on sales by retailers and servicemen in the Business District; and all revenues from any taxes, penalties and interest which are paid to the Issuer from the Local Government Tax Fund on sales by retailers and servicemen in the Business District which are intended to replace the current payments to the Issuer, which shall be collected by the Issuer and enforced by Illinois Department of Revenue. The Pledged Revenue generated and collected as provided above shall be deposited in the Business District Tax Allocation Fund previously created by the Issuer and are appropriated to and are irrevocably pledged to and shall be used only for the purposes set forth in Section 5.3 of the Indenture. Section 7. Special Covenants. The City covenants with the holders of the Bonds from time to time outstanding that it (i) will take all actions which are necessary to be taken(and avoid any actions which it is necessary to avoid being taken) so that interest on the Bonds will not be or become included in gross income for federal income tax purposes under existing law, including without limitation the Internal Revenue Code of 1986, as amended (the "Code"); (ii) will take all actions reasonably within its power to take which are necessary to be taken (and avoid taking any actions which are reasonably within its power to avoid taking and which are necessary to avoid) so that the interest on the Bonds will not be or become included in gross income for federal income tax purposes under the federal income tax laws as in effect from time to time; and (iii) will take no action or permit any action in the investment of the proceeds of the Bonds, amounts held under the Indenture or any other funds of the City which would result in making interest on the Bonds subject to federal income taxes by reason of causing the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or direct or permit any action inconsistent with the regulations under the Code as promulgated and as amended from time to time and as applicable to the Bonds. The Mayor, the City Clerk, the City Treasurer and other Authorized Officers of the City are authorized and directed to take all such actions as are necessary in order to carry out the issuance and delivery of the Bonds including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds and other moneys held under the Indenture in order to establish that the Bonds shall not constitute arbitrage bonds as so defined. The City further covenants with the holders of the Bonds from time to time outstanding that: a. it will take all actions, if any, which shall be necessary in order further to provide for the collection of the Local Sales Taxes imposed by or pursuant to this Ordinance; 4 CHI2_659942.2 b. it will not take any action which would adversely affect the imposition and collection of the Local Sales Taxes; and C. it will comply with all present and future laws concerning the imposition and collection of the Local Sales Taxes; in each case so that the City shall be able to pay the principal of and interest on the Bonds as they come due and replenish the Reserve Fund to the Reserve Requirement and it will take all actions necessary to assure the timely collection of the Local Sales Taxes. Section 8. Additional Authori ty. The Mayor, the City Clerk and the other officers of the City are authorized to execute and deliver on behalf of the City such other documents, agreements and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance, including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds in order to establish that the Bonds shall not constitute arbitrage bonds as defined in Section 7 above. Section 9. Severability. If any section, paragraph, clause or provision of this Ordinance (including any section, paragraph, clause or provision of any exhibit to this Ordinance) shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other sections, paragraphs, clauses or provisions of this Ordinance (or of any of the exhibits to this Ordinance). Section 10. Repealer; Effect of Ordinance. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this Ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be effective upon its passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 23rd day of January, 2007. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk 5 CH12_659942.2 Exhibit A UNITED CITY OF YORKVILLE KENDALL MARKETPLACE BUSINESS DISTRICT THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, PART OF THE SOUTH HALF OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH O1 DEGREES 13 MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 310.20 FEET; THENCE WESTERLY PERPENDICULAR TO SAID EAST LINE 198.00 FEET; THENCE NORTH 16 DEGREES 23 MINUTES 58 SECONDS WEST, 862.81 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 14 SECONDS EAST, 126.15 FEET; THENCE WESTERLY ALONG A NONTANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 86 DEGREES 29 MINUTES 53 SECONDS WEST, AN ARC LENGTH OF 40.71 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 950.00 FEET AND A CHORD BEARING OF NORTH 30 DEGREES 00 MINUTES 26 SECONDS WEST, AN ARC LENGTH OF 326.41 FEET; THENCE NORTH 67 DEGREES 35 MINUTES 57 SECONDS EAST, 243.73 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 500.00 FEET AND A CHORD BEARING OF SOUTH 31 DEGREES 07 MINUTES 50 SECONDS EAST, AN ARC LENGTH OF 209.70 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 52.80 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 287.40 FEET; THENCE SOUTH 43 DEGREES 08 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 162.29 FEET; THENCE NORTH 43 DEGREES 08 MINUTES 45 SECONDS WEST, 7.00 FEET; THENCE NORTH 46 DEGREES 51 MINUTES 15 SECONDS EAST, 60.76 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF NORTH 58 DEGREES 18 MINUTES 15 SECONDS EAST, AN ARC LENGTH OF 146.68 FEET; THENCE NORTH 69 DEGREES 45 MINUTES 15 SECONDS EAST, 121.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 433.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 51 MINUTES 31 SECONDS EAST, AN ARC LENGTH OF 482.09 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 51 DEGREES 23 MINUTES 20 SECONDS EAST, AN ARC LENGTH OF 39.64 FEET; THENCE SOUTH 83 DEGREES 11 MINUTES 08 SECONDS EAST, 763.20 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 367.00 FEET AND A CHORD BEARING OF SOUTH 57 DEGREES 07 MINUTES 07 SECONDS EAST, AN ARC LENGTH OF 333.94 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 05 SECONDS EAST, 123.11 FEET; THENCE SOUTH 58 DEGREES 56 MINUTES 55 SECONDS WEST, 7.00 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 440.00 FEET AND A CHORD BEARING OF SOUTH 42 DEGREES 20 MINUTES 40 SECONDS EAST, AN ARC LENGTH OF 173.45 FEET; THENCE NORTH 32 CH12_659942.2 DEGREES 01 MINUTES 21 SECONDS EAST, 80.28 FEET; THENCE SOUTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 360.00 FEET AND A CHORD BEARING OF SOUTH 60 DEGREES 42 MINUTES 59 SECONDS EAST, AN ARC LENGTH OF 101.11 FEET; THENCE SOUTH 68 DEGREES 45 MINUTES 32 SECONDS EAST, 784.84 FEET TO THE CENTER LINE OF CANNONBALL TRAIL; THENCE SOUTH 21 DEGREES 40 MINUTES 31 SECONDS WEST, ALONG SAID CENTER LINE, 331.43 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 SECONDS WEST, ALONG SAID CENTER LINE, 1261.58 FEET; THENCE NORTH 68 DEGREES 45 MINUTES 43 SECONDS WEST, 48.00 FEET; THENCE SOUTH 21 DEGREES 14 MINUTES 17 WEST, 470.00 FEET; THENCE SOUTH 57 DEGREES 14 MINUTES 17 SECONDS WEST, 74.81 FEET TO THE NORTH LINE OF U.S. ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST ALONG SAID NORTH LINE, 1983.32 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 14 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE, 378.99 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND CONTAINING 143.40 ACRES OF LAND MORE OR LESS. PIN's 02-19-400-003 02-29-100-001 02-20-351-001 A-2 CHI2_659942.2 Exhibit B CH12_659942.2 Exhibit C CH12_659942.2 Exhibit D CHI2_659942.2 Exhibit E CH12_659942.2 Reviewed By: J? O� Leg al r-1 City Council Esr iaas Finance ❑ Engineer �^' z�bl -< City Administrator ❑ A enda Item Tracking Number 09 O Consultant ❑ �O�� �� SCE ��'�. ❑ City Council Agenda Item Summary Memo Title: King Street Raw&Finished Watermains—Pedersen Invoice City Council/Committee of the Whole Date: Dec. 19, 2006 Committee of the Whole Synopsis: This is a request from Cal and Rena Pedersen for the city to void the invoice for paving of the shoulders on King Street. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Decision regarding request to void invoice Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road sus Yorkville, Illinois 60560 Telephone: 630-553-8545 0� p Fax: 630-553-3436 SCE Date: December 6,2006 To: John Crois, Interim City Administrator \ From: Joe Wywrot, City Engineer v CC: Lisa Pickering,Deputy City Cler Subject: King Street Raw& Finished Watermains—Pedersen Invoice The city had been requested by Mr. and Mrs. Pedersen in April of 2006 to pave the shoulders on King Street as part of the restoration of our watermain project there. The Pedersen's agreed to reimburse the city up to $12,500 for that work. The city proceeded to perform that work, and consequently sent an invoice to the Pedersen's in the amount of $12,456.00. Recently we received a letter from Mr. and Mrs. Pedersen requesting that the city waive the invoice in consideration of money spent by the Pedersen's on landscaping and curb replacement. Attached find various letters,memos, emails, and reports regarding the paving of the shoulders on King Street. I believe that EEI's memo dated December 5, 2006 accurately summarizes the many discussions with Mr. and Mrs. Pedersen regarding this work, and I concur with their comments. Please place this request to void the invoice on the December 19,2006 Committee of the Whole agenda for discussion. z-c c:: a J"E�E21E/2 - J 307 �IoauiLLE, -Yf moll 60560 cLu to cL9- - c - 6D 7 3 ob) cep c ct� l� 54. \�ahl 1 ��C)+✓L� Re: Work Project in Park-view Neighborhood (: (Summers of 2005 &2006) To: Mayor of Yorkville/ City Engineer From: Cal and Rena Pedersen As you know, during the summers of 2005 and 2006 an extensive sewer and road repair project was undertaken by the city involving the neighborhood generally around Parkview School and specifically involving King, West Center,Church,West Main and Somonauk streets. The city was kind enough to grant us permission to have extra asphalting done in the areas where gravel had previously been in place. We greatly appreciated this change,since we consider the parkways a beautiful asset to these historic properties and the surrounding historic neighborhoods. The asphalt will keep the parkways clean of gravel,thus relieving us of a huge task of gravel removal from parkways and lawns. This is a job that we've undertaken every spring at great personal expense to us,as well as to the Parkview Foundation_ We agreed with the City to have some extra asphalting done as part of this project at our expense since this was not in your budget We recently received the City's bill for$12,456.00 for this work_ The purpose of this letter is to apprise you of the damage that was done during the project and what it cost us to put the various properties back in the condition that existed prior to your work. In summary,we incurred and paid expenses of at least$13,010.88, simply to put the neighborhood back to its original condition. SPECIFIC ITEMS: I. One of our employees spent 2 weeks during the summer and fall of 2005 and at least another 4 weeks during the summer and fall of 2006 repairing parkways and lawns from damage caused by equipment and material left on parkways for extended periods of time. The landscaping job that was done was totally inadequate(insufficient soil,bad grass seed,etc.)The nylon netting used to hold grass seed in place never did decompose as we were told it would, and we had to rip it all out and replace soil,reseed,and in some cases, resod. TOTAL COST: $4108.24 2 2a. Curbing ti es from West Center to Somonauk on King Street were never properly stacked as agreed to.They were thrown in piles on the northwest comer of King and Somonauk.Many were broken in the process. These ties are no longer available so our workers had to reset broken ones. In addition, our employees had to spend many hours assisting road workers in straightening the edges of the asphalt shoulder just so we could reset the ties in straight lines. 2b.Black top was so poorly laid on King Street between West Main and West Center that again we had to pay a union carpenter to line up and replace ties.These ties were once again stacked poorly and many more were broken. 2c.We had to completely re-landscape parkways South of Parkview School on West Center, as only weeds came up with little grass. 2d. Along the East side of King Street between West Main and West Center asphalt was not laid tight up to curbing. Company said they would come back to finish and never did. Gaps still exist between curb and road. 2e. Sides of driveway to 303 West Main Street had to be redone twice.We were told that what was done would not hold up and would have to be done again_ 2f. The parkway on the South side of Somonauk between King and Church is still a mess. We had to pay a professional landscaper to haul in truckloads of dirt and seed. TOTAL COST: $8,962.64 All in all,we have spent at least$13,070.98 as itemized above just to put the neighborhood back to the condition it was prior to this project. While we fully understand the need for the sewer that went in,it seems to us just good public policy to put the neighborhood back to its original condition. Due to all these expenditures,which we incurred,and because we were extremely conservative on our"out of pocket"estimates,we would appreciate your voiding our bill. We have receipts for all the labor and supplies if you would like to have them. Looking forward to your response. Sincerely, 6t Cal and Rena Pedersen MEMO To: Joe Wywrot, P.E. , United City of Yorkville Englnp�Ing EntOrp�"iIYS� From: Amy Sellner, E.I., Engineering Enterprises, Inc. Inds. Date: December 5, 2006 Re: Comments for Letter from Mr. and Mrs. Pederson EEI Job #: YO0109 I have read the letter addressed to the Mayor and City Engineer of the United City of Yorkville which they forwarded to EEI. Per your request, I have reviewed my notes and field reports. I present the following remarks pertaining to the watermain project: Comment 1: In accordance with the contract documents, any areas disturbed during construction are the responsibility of the contractor and/or their subcontractors to restore. Any concerns the residents mentioned during the restoration process were forwarded to the contractor. The Pederson's reseeded the area on King Street by Parkview Academy,which was in the contract to restore. I maintained fairly regular contact with Tony,the Pederson's employee, while the contractor and/or subcontractors were working in the area to keep the Pederson's up to date on the construction schedule. I was not aware that the Pederson's intended on reseeding the area themselves. I had asked Grasshopper Lawn and Landscape to restore other areas on the project before this area to allow the Pederson's time to replace the curb sections. t spoke with Rena Pederson on May 23, 2006 about their anticipated schedule. She informed me their contractor would be on site sometime the week of May 29 to replace the curb. in your email to me on June 12, 2006, you stated that you spoke with Rena the week of June a and asked her to hold off on replacing the curb,which she agreed to. They proceeded to complete the curb and reseed behind it. Regarding the Excelsior blanket, it is designed to decompose over a period of time. The amount of time depends on weather conditions, amount of sunlight, etc. We never recommend removing the blanket since doing so can damage the new grass. Comment 2a: I did not observe the ties thrown in piles. I personally observed Swallow Construction personnel removing the ties by hand (except the older sections south of Center Street, which Public Works personnel removed on October 28, 2005) and placing them in the parkway until they had pallets to stack them on. When the pallets were full, Swallow personnel moved them to the storage area the Pedersons had designated. While we did observe that some sections were damaged during removal, we also observed that some of the sections were cracked prior to construction. From what I observed, Swallow took proper measures to ensure the ties did not break. 52 Wheeler Road,Sugar Grove, IL 60554 Tel:630/466-9350 Fax:6301466-9360 www.eelweb.com Comment 2b: The asphalt was repaired and overlaid on August 7, 2006. The ties were in place at this time. If they were removed and replaced a second time, I am not aware of that work. Comment 2c: This work is not related to the watermain project. Any restoration on West Center Street is related to the storm sewer and pavement improvements completed under a different contract. Comment 2d: I talked to Rod, the Pederson's contractor, on May 16, 2006 about the gap between the edge of pavement and the curb. He requested the City provide cold patch for the gap. I forwarded the request to the City and they chose not to provide the cold patch.The Pederson's bought and installed their own cold patch for the gap. I am uncertain as to which company they are referring to that said they would come back to finish. Comment 2e: The asphalt around the driveway for 303 West Main Street was repaired on August 7, 2006. 1 am not aware of any repairs done by the Pedersons prior to this remedial work. Comment 2f: I spoke with Tony, Pederson's employee, about the preconstruction conditions of the parkway along Somonauk. He confirmed that several areas in the parkway collect water when it rains. I received a call from Rena Pederson on June 1,2006 regarding the uneven edge between the grass and the stone shoulder on Somonauk Street. I forwarded her request to Alex Rendina with Swallow Construction. To date, restoration is complete and some of the restoration was completed by the Pederson. To my knowledge, the Pedersons completed this work without consulting the City. The paving of the shoulders was not part of the original contract, but was added after mainline paving. Attached are copies of project notes, correspondence, daily reports, etc. that reference interaction with or about the Pedersons. GAPublic\York%ille\2001\YO0109 contract 8.3-Well Nos 3 and 4 Raw WM and King St.WmDocMwywrot02-pederson.doc 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630/466-9350 Fax: 630/466-9380 DAILY FIELD REPORT ork Perfom►ed Today: EEI was on site to discuss the curb blocks along King Street with BdarL Brian agreed to move the older sections. Swallow will be 52 Wheeler Road responsible for moving the other sections of curb and storing them in a location to be determined by the owner. City personnel were E Inoorins Sugar Grove, IL 60554 moving curb sections while t was on site. 'i°'�"'Ia'• Ina_ (630)466-9350 Project Name: WELLS 3&4 RAW WM&KING ST WM EEI Project No.: Y00109 Date: October 28,2005 Weather. CLEAR Temp.(deg.F)AM 63 PM Time of Arrival: 9:30 AM_ Contractor. Work Force: Super.: Foreman: Laborer. Material Delivered to Site: Operator Driver. Tester. Surveyor. Visitors: Installed Plan Quantities: Brian Sorensen,United City of Yorkville Erosion Control: Equipment Hours: Traffic Control• Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of inspector: MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L Sellner Reviewed By: WED Phone: (630)466-9350 Page I of 1 w ww•edweb'cpr° Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: EEI was on site to observe construction preparation. At my arrival, Swallow was unloading pipe along King Street. We discussed 52 Wheeler Road several construction issues,such as drive did An employee of Cal and ME 011111401111 Sugar Grove, IL 60554 Rena Peterson provided Swallow with a s=location for the curb IE Irprisss.ections. Irno. (630) 466-9350 s ad. Swallow proposed moving the pit locations 3 feet to the west and extending the casing pipe an additional 8 feet south to avoid conflicts with the SBC conduit and the power poles. All issues are subject to approval by the engineer. Centedine staking along King Street was scheduled for 11/1/05 for Project Name: WELLS 3&4 RAW WM&KING ST WM constriction to begin 11/2105. J.U.L.I.E.was also notified to locate EEI Project No.: Y00109 utilities along King Street. Date: October 31,2005 1 left the site at 11:00 AM and returned at 1:30 PM. Barricades were placed around the pipe stockpiles. Swallow also removed'a majority Weather. CLOUDY of the curb blocks and placed them on palettes in the storage area Temp.(deg.F)AM 52 PM 55 Time of Arrival: •30 AM Contractor: Swallow Work Force: 5 Super.: 2 Foreman: 1 Laborer. 1 Material Delivered to Site: Operator. 1 16*CL 54 DIP Driver. 12"CL 54 DIP Tester. 12"CL 52 DIP Surveyor: Visitors: Installed Plan Quantities: Joe Marrs,Aquabarder Bill Dunn,EEI Jeff Freeman,EEI Erosion Control: Equipment Hours' 1-Endloader Traffic Control: Barricades set up around pipes Copies.to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L Sellner Reviewed By: WED Phone: (630)466-9350 Page I of I www,eeiweb.com Fax: (630)466-9380 Engineering Enterprises, Inc. TEL: 630/466-9350 52 Wheeler Road•Sugar Grove, Illinois 60554 FAX:6301466-9380 PROJECT PROJECT NUMBER \ SUBJECT BY DATE O v PAGE OF lle I ' 7'3tt) sly-+Ti � �fYS� 6d �w) t-t(zCalk- .mil boxes s aakoss S rec e p� _ - ;-e v � ' sad ? A6 dk?LVA C an wt�v-c� 1 . S 90v, , t s � boob DAILY FIELD REPORT Work Performed Today: EEI was on site to observe watermain installation along King Street and cofferdam tear down in the Fox River. The existing watermain 52 Wheeler Road along King Street just north of Main is 6 feet deep. The new 8"main was installed above for the connection. Englnaaring Sugar Grove, IL 60554 Ent mrprisaa. (630) 466-9350 EEI also staked watermain along Somonauk Street The alignment In=. shown in the plans places the watennain on a gas main. To avoid the gas main,the watermains will be installed 2 feet south of the gas main with 4-foot spacing on center. Hydrant#10 was also relocated to be on line with the property line across the street Swallow reinstalled the inlet in the southeast quadrant of King Street Project Name. WILLS 3&4 RAW WM&KING ST WM and Center Street. Concrete was used to seal joints between pipes EEI Project No.: Y00109 and the inleL The frames for valve vaults#10 and#11 were also set Date: November 23,2005 ry set frames and lids on all open vaults and place barricades around any open trenches. They also stacked the curb er PARTLY CLOUDY sections on palettes the City provided. On Monday(11/28),the T�np g AM 35 PM 40 Palettes will be moved to the storing location. me of Arrival: 7:45 AM 1 asked Anthony about repairing the electric service for the house at King and Center. He checked the service and found it was not Contractor. Swallow(2 EEI repaired. He will call a local electrician to repair it crews) Trucking was provided by Viking Brothers,Willy's Trucking,Warthen Work Force: 13 and Ron Benninger. Super.: Foreman: 2 Laborer. 6 Material Delivered to Site: Operator. 4 CA-6 Driver. 1 Tester. Surveyor. 2 Visitors: Installed Plan Quantities: Brian Sorensen,City of Yorkville 20 feet each of 16"and 12"CL 52 CI P w/polywrap VV#9 Erosion Control: Equipment Hours: 3-Backhoes Traffic Control: 2-Endloaders Signs and barricades set up as needed 1—Plate Compactor Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of inspector: MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEf BILL DUNN,EEI y L Seliner Reviewed By. WED Phone: (630)466-9350 Page 1 of I wwww.edweb.com Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: Ell was on site to observe construction along Somonau k Street and in the boat ramp area Watermain installation a"Somonauk 52 Wheeler Road Street continued of King Street to ate Ste. was instal . E••olnNr+■w Sugar Grove, IL 60554 on top then spoils. The curb sections from King Street were moved as• (630)466-9350 to the owner designated storage area. Work ended at 3:00 PM. !n Work in the boat ramp continued from Sta.7+71 for;Z 12'main and Sta.7+21 for the 16'main. While excavating near the existing valve vault for the 12'main,a leak was found in the existing 10'main. The City was notified and the leak was determined to be a pre-existing Project Name: WELLS 3 A 4 RAW WM&KING ST WM condition. City personnel repaired the leak. Excavation for VV#2 required special tooth on the backhos to break through the harder EEI Project No- YO0109 rods. The 16'main is at appr Arnately 6 feet deep and the 12'main was lowered to 9.5 feet to allow clearance for the connection. Date: December 1,2005 Paul Daniels.the manager for the property on either side of the boat Weather CLOUDY ramp.discussed liability and compensation with representatives from Temp.(dog.F)AM 32 PM 28 EEI. Swallow agreed to pay the compensation and included the owner In their liability insurance. Time of Arrival: 8:00 AM Work along Somonauk ended at 3:30 PM and work in the boat ramp Contractor: Swallow(2 ended at 5:00 PM. crews) Ledger,W81y's,Ruby,Viking and Harbour provided the trucking. Work Force: 13 Super.: Foreman: 2 Laborer. 6 Material Delivered to Site: Operator 4 CA-7 Driver. 1 Tester. Surveyor. Visitors: Installed Plan Ouantities: Brian Sorensen,City of Yorkville Approximately 140 feet of 12'CL 52 DIP Big Dom,EEI Approximately 173 feet of 16'CL 52 DIP John Whitehouse,EEl Valve vault#2 Valve vault#3 Hydrant#10 Erosion Control: Equipment Hours: 2-Backhoes Traffic Control: 2-Endloaders Signs and barricades set up as needed 1—Pie compactor Copies to: JOE WYWROT,CITY ENGINEER ERIC MUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L Sellner Reviewed By: WED Phone: (630)466-9350 Page I of I www.edweU m Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today. EEI was on site to observe curb and sidewalk contraction and to witness testing between valve vault#1 and valve vault#2. Geneva framed all curbs and sidewalk from River Street to Somonauk Street. 52 Wheeler Road Valley Concrete arrived at 11:35 to begin pouring curb. Terracon Engln®aring Sugar Grove, IL 60554 arrived at 11:15 for testing. The slump(2.5 inches)and air content E.- rpriftas■ (630) 466-9350 (6.2%)fell within acceptable ranges for Class St concrete. 1n4w. 1 met with Mr.Horton In the morning to discuss his concerns. He did not want the curb radii replaced in the old driveway south of his house. He also mentioned he was having sewer problems and called someone to look at it The City was notified and they sent Fox Valley Sewer Service out to clean out the service. Fox Valley used a 100- Project Name: WELLS 3&4 RAW WM&KING ST W M foot rod and still did not reach the blockage. They will return EEI Project No.: Y00109 tomorrow with more rod and continue until the location of the blockage is determined. Swallow was notified of the possibility that Date: April 17,2006 the blockage could be from the watennain crushing the service. 0 the cause of the blockage is from the watermain,they will repair it. Weather: CLEAR r.Peterson asked about the extent of the street repair,especially Temp.(deg.F)AM 55 PM 65 the west side of ling Street. I informed hum only the areas where of Arrival: 7:45 AM Swallow had removed pavement will be repaired. Contractor: Terracon Geneva Swallow Test results are attached for the watermain testing. Work Force: 1 5 1 Super.: Foreman: 1 1 Laborer 4 Material Delivered to Site: Operator. Driver. Tester: 1 Surveyor. Visitors: Installed Plan Quantities: Dave,COY 34 feet of 86.12 curb Holman Horton 143 feet of Type B curb Cal Peterson 352 square feet of sidewalk Erosion Control: Equipment: Hours: 1-Bobcat Traffic Control 1—Plate Compactor Barricades set up around curb and sidewalks Copies to. JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L Selmer Reviewed By: WED Phone: (630)466-9350 Page I of I www.eriweb.com Fax: (630)466-9380 Engineering Enterprises, Inc. TEL: 630/466-9350 52 Wheeler Road •Sugar Grove, Illinois 60554 FAX:630/466-9380 PROJECT &)eus 3 tl Ow G,1AF6WA1A1 PROJECT NUMBER 0)0 101 _ SUBJECT bb/Z106 J /J4'V BY —DATE AzBN& klw PAGE___L—OF_ ,jeSr s,b e OF lewe, 8 70ecr /N S'T_ ST. (9 ' K 3D�' = /$3a s� 203 s y X437 sib 0/"- �'tiC7 Sr. 3007-1/ OF CWiv7fZ ST. 7 SX 98 ' = 49v 5 F � 5 9 s Y IFASr 31!--�E OF 9WC--7 S! 5i7r,U€ A,-) MA)r4E'/Z S7- g SOW0, 0e Sr. Z2 9v Z5 a ZS4 S SY ib l�2/G� rO/Z P'4`6A6/T , ..4EEI�EiV7 = Z*Ov xe 3Y DAILY FIELD REPORT Work Performed Today. EEI was on site to observe conduit installation in the Public Works parking lot and milling of King Street between Somonauk Street and Center StreeL The flowable fill arrived at 12:00. While pouring the 52 Wheeler Road flowable fill,the conduit began to float. Swallow placed a block on Englnear/ng Sugar Grove, IL 60554 the conduit under a steel plate to hold the conduit down until the fill Ent abrpris bM. t;630) 466-9350 set. Jon(EEI)arrived on site and questioned the fill used. I asked 11V%40. Alex to fax a copy of the ticket to the office for review. EEI has not yet received a copy of the ticket. rrrved at 12:00 to and ng Street re res pavement marks on the south end of King Street and discussed the edge of pavement between Main Street and Center Street with Pr act Name: WELLS 3&4 RAW WM&KING ST WM Geneva's crew. EEI Project No.: Y00109 I me Hn n , evm an eter to discuss the grading in the Date: April 24,2006 easement next to the YBSD. It was agreed that the grade along the existing fence will be maintained and the slope will be a 4:1 slope into Weather. CLEAR Peter Sahlas's property and then graded at 10:1 away from the Temp.(deg.F)AM 55 PM 72 YBSD to maintain some of the runoff in the area. Peter intends to build a driveway along the fenceline to the lower townhouses. The Time of Arrival: 9:30 AM approach of the driveway will slope towards River Street to prevent too much runoff from entering the site. Contractor. Swallow Richmond Geneva Work Force: 1 2 5 Super.: 1 Foreman: 1 Laborer. 2 2 Material Delivered to Site: Operator: 1 1 Flowable fill Driver. r Tester. Surveyor. visitors: Installed Plan Quantities: Brian Sorensen.COY Jon Lussow,EEI Bill Dunn,EEI Kevin Collman,YBSD Peter Sahlas Erosion Control: Equipment Hours: 1—T Grinder Traffic Control: Barricades set up around trench. Barricades set up along King Street Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN.EEI BILL DUNN,EEI Amy L.Sellner Reviewed By: WED Phone: (630)466-9350 Page 1 of I www.eeiweb.com Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: I talked with Kevin Collman from YBSD about the thrust block near the valve for the YBSD water service connection. I informed him that 52 Wheeler Road Swallow will be in sometime next week to explore the block since they plan on starting with landscaping the week after. He asked 9 Engfinoorfins Sugar Grove, IL 60554 they will remove the fence at that time. 1 told Kevin I did not know Entborprioo:. (630)466-9350 when they will remove the fence and 1 was sure they did not have a �•+�. tempora f f- I talked with Rena and Cal Pederson about the edge of pavement between Somonauk Street and Center Street I worked with Walter (EEI)to determine an appropriate edge of pavement P Name: WELLS 3&4 RAW WM&KING ST WM EEI Project No.: Y00109 Date: App 28.2006 Weather. CLEAR Temp.(deg.F)AM 55 PM 70 Time of Arrival: 13:00 AM Contractor. Work Force: Super.: Foreman. Laborer: Material Delivered to Site: Operator Driver. Tester. Surveyor: Visitors: Installed Plan Quantities: Erosion Control: Equipment. Hours: Traffic Control: Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector: MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L Sellner Reviewed By: WED Phone: (630)466-9350 Page I of I www'eeiweb' n Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today. I met with Peter Sahlas on his property to discuss concerns he had i regarding the grading. He expected the driveway would be closer to 52 Wheeler Road the fence. I explained how we developed the finished ground elevations. He is fine with the slope towards the fence as Swallow Englnaaring Sugar Grove, IL 60554 has it graded now but would like to move the edge of the driveway 2 Entarprisam. 630 466-9350 feet from the fence. I explained this would change the driveway tnc. grade since it would be lower,which he understood. After discussing the details of the grading further,he would like the driveway to be 12 feet wide and meet up with the parking lot of his existing building. The ground on the east side can be a 4:1 slope. He also requested that a boulder on the riverbank be pulled out and placed by the tree. Project Name: WELLS 3&4 RAW WM&KING ST WM with Rena Pederson about the edge of pavement on the roject No.: Y00109 side of King Street. She would Ike someone to meet with her npavement r tomorrow to discuss how to straighten the edge of the Date: May 2,2006 before they place their curb. I explained to Rena that lt is preserve a perfectly straight edge while placing asphalt but Weather. CLEAR into it and meet with the contractor. T eg.F)AM 55 PM 75 Time of Arrival: 9:00 AM Contractor: Work Force: Super.: Foreman: Laborer. Material Delivered to Site: Operator: Driver. Tester. Surveyor. Visitors: Installed Plan Quantities: Peter Sahlas Erosion Cordrol: Equipment Hours: Traffic Control: Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L.Seliner Reviewed By: WED Phone: (630)466-9350 Page I of I www.eeiweb.com Fax: (630)466-93130 DAILY FIELD Work Perfo T j+: I ed with Joe Wywrot and gave him a summary of the additional shoulder work requested by the Pederson's,specifically the condition 52 Wheeler Road of the edge of pavement between Main Street and Center Street. I than met with Rena,Rod and Tony and discussed their concems. F- . 3 ••s Sugar Grove, IL 60554 They would like the west edge to be sawcut so the curb sections can E.4e°rP'' {630) 466-9350 be placed behind the pavement on gravel. Rena would like to know Inc. when they plan on sawcutting the pavement so she can schedule her contractor. Rena also expressed concerns about the pavement around the south driveway. Tony had asked Geneva to place asphalt around the driveway since there was a slight difference(-1 inch)in the grade. Geneva placed the asphalt as requested and told Tony Project Name: WELLS 3&4 RAW WM&KING ST WM that the patch would not last long. I explained to Rena that the surface under the patch was not prepared and the patch would more EEI Project YO0109 than likely crack and chip away. Date: May 3,2006 I gave Rena Alex's number and asked that she discuss the CLOUDY sawcutting with him since he would be schedufing it. Temp.(deg.F)AM 60 PM 70 Time of Arrival: a-00 AM Contraaor Work Force: Super.: Foreman: Laborer. Material Delivered to Site: operator Driver Tester. Surveyor: visitors: Installed Plan Quantities: Rena Pederson �:--1 Rod(Pederson's contractor) Tony(Pederson's employee) Erosion Control: Equipment Hours. Traffic Control: Copies to. JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI 1 6 BILL DUNN,EEI Amy L Sellner-14wL Reviewed By. WED Phone: (630)466-9350 Page I of 1 �MIR Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: EEI was on site to observe dean up and restoration. Swallow continued placing the aggregate shoulders and cleaning up the area by the park They exposed the thrust block by the YBSD and after 52 Wheeler Road inspecting its condition,I determined it was in good condition and EngBn4maa-Ing Sugar Grove, IL 60554 does not need to be reinforced. Swallow had also completed the Entarp isms. grading in the or Sahlas requested. Inc. (630) 466-9350 I walked the site with Terry from Grasshopper Lawncare to ma areas to be restored. I informed Terry that the areas on King Street where the Pederson's will place their curb cannot be restored until the curb is in place. ect Name. WELLS 3&4 RAW WM&KING ST WM EEI Project No.: Y00109 Date: May 8,2006 Weather. PARTLY CLOUDY Temp.(deg.F)AM 60 PM 70 Time of Arrival: 8 30 AM Contractor. Swallow Grasshopper Work Force: 3 4 Super.: 1 Foreman: 1 Laborer. 1 2 Material Delivered to Site: Operator. 1 Driver. 1 Tester: Surveyor Visitors: Installed Plan Quantities: Kevin Coltman,YBSD Peter Sahlas Erosion Control: Equipment: Hours: 1 -Endioader Traffic Control: Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L Seilner Reviewed By: WED Phone: (630)466-9350 Page I of I www.eeiweb.com Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: EEI was on site to observe restoration. Grashopper rented a track Bobcat to clean al°n Tower Lane. 52 Wheeler Road i talked with Rod,Pederson's contractor,and he as c t ERgli..4marling Sugar Grove, IL 60554 some cold patch to place in the gap betE=9;---? (630) 466-9350 pavement I forwarded the request to 40- restoration. She pointed out the areas at the intersection of King Street and Center Street where trucks backed onto the lawn while pouring the sidewalk. Project Name: WELLS 3&4 RAW WM&KING ST WM Alex will test the watermains at 8:00 on Saturday(5/20). EEI Project No: Y00109 Date: May 16,2006 Weather. PARTLY CLOUDY Temp.(deg.F)AM 55 PM 65 Time of Arrival: 8:30 AM Contractor: Grasshopper Work Force: 3 Super.: Foreman: 1 Laborer. 1 Material Delivered to Site: Operator. 1 Driver. . Tester. Surveyor. Visitors: Installed Plan Quantities: Erosion Control: Equipment Hours: 1—Bobcat Traffic Control: 1—Track Bobcat Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. Q� MIKE ROBINSON,ENGINEERING TECHNICIAN — JEFF FREEMAN,EEI —,4n BILL DUNN,EEI Amy L.Selmer Reviewed By. WED Phone: (630)466-9350 Page i of I www.eeiweb.com Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: EEI was on site to observe restoration. Grasshopper continued work by the Public works buildings. 52 Wheeler Road I spoke with Kevin Collman regarding the fence along the YBSD. He Engtina"Wring Sugar Grove, IL 60554 plans to install a temporary fence appro)dmateli 10 feet east of the Entorprisas. (630) 466-9350 existing f tin=_ r early next week. I also spoke with Rena Pederson regarding the curb along King Street. Her contractor will place the curb sections early next week. 1 forwarded this information to Terry Schorp with Grasshopper and asked that they coordinate their work accordingly. Project Name: WELLS 3&4 RAW WM&KING ST WM EEI Project No.: Y00109 Date: May 23,2006 Weather. CLEAR Temp.(deg.F)AM 65 PM Time of Arrival: 9:45 AM Contractor. Grasshopper Work Force: 5 Super.: Foreman: 1 Laborer: 4 Material Delivered to Site: Operator. Driver. Tester. Surveyor. Visitors: Installed Plan Quantities: Erosion Control: Equipment: Hours: 1=Skidsteer Traffic Control: 1—Trade Bobcat Copies to. JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector: MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI "'4n BILL DUNN,EEI Amy L.Sellner Reviewed By: WED Phone: (630)466-9350 Page I of I www.ceiweb.com Fax: (630)466-9380 DAILY FIELD REPORT Work Performed Today: A meeting was held to discuss the pavement issues on King Street The attendees inspected the area by the school where there is a significant difference in the grades between the street patch and the 52 Wheeler Road shoulder patch as well as some areas where the grade for the new Englnaaring Sugar Grove, IL 60554 pavement is different from the existing pavement. The attendees Entsrprisas. (630) 466-9350 also examined the east side of King Street where the pavement Inc_ appears to be breaking off since It is too thin. This area also exhibits t asphart was The pavement around the Pederson's south driveway was also looked at The pavement around the driveway was not sawcut to provide a clean joint. I spoke with Tony(Pederson's employee) Pro Name: WELLS 3&4 RAW WM&KING ST WM about the pavement in that area He was on site when the pavement was placed. 1 asked Tony how the pavement was placed around the EEI Pr -ect No.: Y00109 driveway. He said Geneva placed the pavement on the existing stone up to the edge of the existing pavement and filled the gap Date: June 1,2006 around the driveway. The patch at the comer of the driveway was placed on existing pavement and rolled. Weather. CLOUDY A course of action will be decided on by the City and EEI. Temp.(d g.F)AM 75 PM 80 Time of 2:30 PM Grasshopper was on site to finish the restoration. Rena Pederson called about the parkway along Somonauk Street. Grasshopper did Grasshopper not follow the edge of shoulder that I gave them. I told Alex about request to straighten the edge. ork Force: 2 Super.: Foreman: Laborer. 2 Material Delivered to Site: Operator. Driver. Tester. Surveyor: Visitors: installed Plan Quantities: Joe Wywrot,COY Bit Dunn,EEI Alex Rendina,Swallow Construction Tony Rendina,Swallow Construction Jeff Hinkle,Geneva Construction Erosion Control: Dave Phillip,Geneva Constriction John,COY Equipment Hours: 1–Skid steer Traffic Control: Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI —A BILL DUNN,EEI Amy L.Sellner Reviewed By: WED Phone: (630)466-9350 Page I of I www.eeiweb.com Fax: (630)466-9380 Engineering Enterprises, Inc. TEL:630/466-9350 52 Wheeler Road -Sugar Grove, Illinois 60554 FAX: 630/466-9380 PROJECT PROJECT NUMBER SUBJECT BY _DATES �XO PAGE OF �Q ClV&c t&" VOW , f 14E:�j.. Q rw� � 3oZ FAX ? 0 a2 +Oc Cis s • ue��� bo(o e tjat'J6 c � e,1-cam (�ro .3fc, . I =f -"=,�' IDOt + ' -- oS- S' ti k 'wovtd Wck ' An�.�-- C t6yc" (9 b,:;5 24 • � - �' e I� �Cie��,,,- � =fie_. i!( - � n or S • %YA0Vja/K Savo VO& Oft o� tV 'VaQpt CkeYL lb{` fn V1 Croy' dc's- P-V,,47, ` raM A 'M1/aoc ? f4 A wab exi- DAILY FIELD REPORT Work Performed Today. EEI was on site to observe prep work on King Street. Geneva cut butt joints at Somonauk Street and Center Street for the overlay in 52 Wheeler Road that block. They also curt butt joints for the shoulder on the west side of King Street between Main Street and Center Street Paving vW1 E-91—rtng Sugar Grove, IL 60554 begin on Monday(8M. Enftarp►risaa■ Iln¢ (630) 466-9350 - 1 talked to Eric Dhuse about the sanitary manhole adjustment on King Street He will 1 spoke with Tony,the Pederson's caretaker,about Geneva's schedule and asked him to pass the information on to Rena. ect Name: WELLS 3&4 RAW WM&KING ST WM EEI Project No.: YOOi09 Date: August 4,2006 Weather. CLEAR Temp.(deg.F)AM 85 PM Time of Arrival: 9:00 AM Contractor. Geneva Work Force: 2 Super.: Foreman: Laborer 1 Material Delivered to Site. Operator. 1 Driver Tester. Surveyor. Visitors: Installed Plan Quantities: Erosion Control: Equipment Hours: 1—skid steer Traffic Control: Signs and cones set up as needed. Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI Ao� S�� BILL DUNN,EEI Any L Sellner Reviewed By: WED Phone: (630)466-9350 Page 1 of 1 www.eciweb.com Fax: (630)466-9380 DAILY FIELD REPORT Work P ed Today: I on site to observe pavement repairs on King Street Geneva applied leveling binder on the west side of King Street just 52 Wheeler Road north of Center Street,where the City had removed some damaged pavement. They also placed a 1.5"surface full width overlay E glm aarlmg Sugar Grove, IL 60554 between Somonauk Street and Center Street. The City adjusted the E tarprisam. (630) 466-9350 rim of the sanitary manhole earlier. In - Before over-laying the west shoulder between Main Street and Center Street,Geneva string lined the proposed grade. The overlay was at least 1.5";areas which were lower required more to maintain a constant slope. Project Name: WELLS 3&4 RAW WM&KING ST WM All areas were primed before my arrival. EEI Project No.: Y00109 Date: August 7,2006 Weather. PARTLY CLOUDY Temp.(deg.F)AM 80 PM Time of Arrival: 7:30 AM Contractor. Geneva Work Force: 8 Super.: Foreman: 1 Laborer. 4 Material Delivered to Site: Operator. 3 Driver. Tester Surveyor. Visitors: Installed Plan Quantities: Tony(Pederson's employee) Erosion Control: Equipment Hours: 2—Vibratory roller Traffic Control: 1—Paver Sign and barricades set up as needed. Copies to: JOE WYWROT,CITY ENGINEER ERIC DHUSE,DIRECTOR OF PUBLIC WORKS BRIAN SORENSEN,WATER OPERATOR Signature of Inspector. MIKE ROBINSON,ENGINEERING TECHNICIAN JEFF FREEMAN,EEI BILL DUNN,EEI Amy L.Sellner Reviewed By. WED Phone: (630)466-9350 Page I of I www.eeiweb.corn Fax: (630)466-9380 Joe Wywrot From: Joe Wywrot Dwywrot @yorkville.il.us] Sent: Monday, April 24, 2006 4:36 PM To: Arthur Prochaska Jr. (aprochaska @yorkville.il.us) Cc: John Crois Qcrois @yorkville.il.us); Eric Dhuse(coypw @comcast.net) Subject: FW: King Street restoration Art, EEI ran the numbers on the cost of paving the gravel shoulders on King Street per Cal & Rena Pederson's wishes. The cost would be around $12,000. We are already around $18,000 over budget on street patching due to conflicts with existing utilities (we had to change the alignment of reconnections to existing watermains, which resulted in larger areas to be patched) . Please advise if you want to continue with this additional work. Joe -----Original Message----- From: Joe Wywrot [mailto:jwywrot @yorkville.il.us] Sent: Friday, April 21, 2006 1:38 PM To: Arthur Prochaska Jr. (aprochaska @yorkville.il.us) Cc: John Crois (jcrois @yorkville.il.us) ; Eric Dhuse (coypw @comcast.net) Subject: King Street restoration Art, We got a letter from Cal & Rena Pederson asking the city to pave the shoulders on King Street along their frontage with asphalt. Previously the shoulders were aggregate with precast concrete curb that the Pederson's had placed years ago. This is generally on both sides of King from E. Main to Center, and then on the east side of King from Center to Somonauk. They are not volunteering to contribute towards the cost. They do say that since this is the parade route it would look much better. Keep in mind that we would not be overlaying the road, just paving shoulders. I have asked EEI for a cost estimate for this additional work, and should have it by Monday, April 24th. Please advise if you want to proceed with this additional work. Joe No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.4.4/320 - Release Date: 4/20/2006 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.4.5/322 - Release Date: 4/22/2006 1 Page I of 2 Joe Wywrot From: Joe Wywrot Dwywrot@yorkville.il.us] Sent: Tuesday,April 25,2006 11:43 AM To: 'Bill Dunn' Subject: RE: King Street Shoulders Bill, I spoke with Rena and Amy just a few minutes ago. The breakdown of costs from Amy is: East side King (Center-Somonauk) -$6107 East side King (Center to 1 st driveway) -$1307 West side King (Center to E. Main)-$4880 Rena is pretty sure they want to pave both sides south of Center. She will be talking to Cal today to make a final decision on the section north of Center. She will be getting a letter to us by tomorrow morning stating what they want to do. Art is OK with proceeding with the work as long as we have a letter from the Pederson's committing to the reimbursement. Joe From: Bill Dunn [mailto:BDunn@eeiweb.com] Sent: Tuesday, April 25, 2006 11:28 AM To: Joe Wywrot Subject: King Street Shoulders Joe, I understand that Mrs. Peterson has told Amy that they want to pay for the paving of the shoulders on King Street. Weather permitting, Geneva will complete the paving on Thursday or Friday. I am afraid that we could have trouble getting them back in and holding their prices if they have to remobilize. I also understand that Mr. Peterson is in the hospital (supposedly getting out tonight). It may be difficult to make contact with them today. I know we should have an agreement and/or cash in hand—but I am concerned about the window of opportunity. We have a call into Geneva Construction. When they call back we intend to ask them about the ramifications of coming back for shoulders. If you have any thoughts or recommendations on this one, I would welcome them. Thanks Bill Z"!4W 51 Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 630-466-9350 ext.159 630-466-9380(fax) bdunn@eeiweb.com This message may contain confidential and/or proprietary information,and is intended only for the person/entity to whom it was originally addressed. The content of this message may contain private views and opinions which do not constitute a formal disclosure or commitment unless specifically stated. If you have received this email in error please notify the sender immediately and do not disclose 12/6/2006 Joe W"rot From: Joe Wywrot owywrot @yorkville.il.us] Sent: Wednesday,April 26, 2006 11:59 AM To: Bill Dunn Cc: John Crois Qcrois @yorkville.il.us); Eric Dhuse(coypw @comcast.net) Subject: King Street Restoration Bill, We have reached an agreement with Cal & Rena Pederson to pave the shoulders of King Street at the following locations: 1)East side of King from Center to Somonauk 2)East side of King from Center to 1st driveway south 3)West side of King from Center to E. Main I have spoken with Amy Sellner and she is instructing Geneva Construction to perform this work. Joe No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 / Virus Database: 268.4.6/324 - Release Date: 4/25/2006 1 Page 1 of 1 Joe Wywrot From: Amy Sellner[ASellner @eeiweb.com] Sent: Monday, May 08, 2006 5:25 PM To: jwywrot @yorkville.il.us Cc: Bill Dunn Subject: Pederson Joe, I spoke with Rena Pederson today about finishing the shoulders along King Street and we discussed the scheduling for placing the curb sections and landscaping. The Pederson's contractor is not available to place the curb sections until next Monday and Swallow's subcontractor for landscaping began work today. I walked the job with the superintendent and pointed out the areas along King Street which cannot be seeded until the curb is in place. To date, Swallow has not removed the excess asphalt but they plan to sometime this week. I will inform Swallow of the Pederson's concerns about the landscaping schedule and remind them that the areas along King Street cannot be completed until the curb is in place. Feel free to call me if you have any questions. Amy L. Sellner, E.I. Engineering Enterprises, Inc. Tel: 630/466-9350 Fax: 630/466-9380 asellner @eeiweb.com ************************************************************************************ This message may contain confidential and/or proprietary information,and is intended only for the person/entity to whom it was originally addressed. The content of this message may contain private views and opinions which do not constitute a formal disclosure or commitment unless specifically stated. If you have received this email in error please notify the sender immediately and do not disclose the contents to anyone or make copies. ** eSafe scanned this email for viruses, vandals and malicious content. ************************************************************************************ No virus found in this incoming message. Checked by AVG Free Edition. Version:7.1.392/Virus Database:268.5.5/333-Release Date:5/5/2006 12/6/2006 Page 1 of 1 Joe Wywrot From: Amy Sellner[ASeliner @eeiweb.com] Sent: Monday, May 08, 2006 5:34 PM To: alexr @swallowconstruction.net Cc: Bill Dunn;jwywrot@yorkville.il.us; coypw @comcast.net Subject: Restoration along King Street Alex, I spoke with Rena Pederson today about the landscaping along King Street. She has hired a contractor to place the curb sections and he is not available until next Monday (5/15). We ask that you work with the Pederson's to schedule the excess asphalt removal and landscaping. I spoke with Whittaker on Friday about the watermain testing. They requested the test be performed on a Saturday so as not to interrupt their work. Please notify myself, the City and Whittaker of when you plan to test the watermain. Feel free to call me if you have any questions. Amy L. Sellner, E.I. Engineering Enterprises, Inc. Tel: 630/466-9350 Fax: 630/466-9380 asellner @eeiweb.com ************************************************************************************ This message may contain confidential and/or proprietary information,and is intended only for the person/entity to whom it was originally addressed. The content of this message may contain private views and opinions which do not constitute a formal disclosure or commitment unless specifically stated.If you have received this email in error please notify the sender immediately and do not disclose the contents to anyone or make copies. ** eSafe scanned this email for viruses,vandals and malicious content. No virus found in this incoming message. Checked by AVG Free Edition. Version:7.1.392/Virus Database:268.5.5/333-Release Date: 5/5/2006 12/6/2006 Page 1 of 4 Joe Wywrot ---------- From: Amy Sellner[ASellner@eehNeb.com] Sent: Tuesday, May 30, 2006 3:47 PM To: jwywrot@yorkville.il.us; coypw@comcast.net Subject: FW: King Street Raw& Finished Watermains-Restoration FYI From: Amy Sellner Sent:Tuesday, May 30, 2006 3:23 PM To: Bill Dunn Cc: Jeff Freeman Subject: RE: King Street Raw&Finished Watermains - Restoration I'll add whatever I know on the items the residents brought up 2) 1 have talked to both Alex and Mrs. Pederson about removing the asphalt. Swallow had Geneva remove the asphalt on the east side of King along the school but, as of last Tuesday, they did not remove the strip along the west side in front of the Pederson's property. I spoke with Mrs. Pederson last Tuesday and she said she has been calling Alex to remove the remaining asphalt but Alex hasn't returned her calls. 3) Tony, Pederson's employee, asked Geneva to add the blacktop since there was a difference in grade between the driveway and the completed roadway. Geneva did as he asked and told him it wouldn't last very long. After hearing Tony's side and looking at the patch myself, I agreed. I was not on site when Geneva added the asphalt. 4) If they are referring to the area just north of River Street on King Street, that area has larger rocks to slow storm runoff. It's possible they are confusing that with debris. I will check into it, though. 6) After the edge of pavement was sawcut by the school, a 12-15 foot section just north of Center was short of the new edge by about 8 inches. This section will be repaired with the repair of the rest of King Street. 7) Church and King do not intersect so I'm not sure which intersection they are referring to. From: Bill Dunn Sent:Tuesday, May 30, 2006 2:54 PM To: Amy Sellner Cc: Jeff Freeman Subject: FW: King Street Raw&Finished Watermains- Restoration For your review wmaw 5, Val", ;D. Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 630-466-9350 ext.159 630-466-9380(fax) bdunn@eeiweb.com 12/6/2006 Page 2 of 4 From: Joe Wywrot[mailto:jwywrot @yorkville.il.us] Sent:Tuesday, May 30, 2006 11:56 AM To: 'Wolfer, Dean' Cc: coypw02 @comcast.com; Bill Dunn Subject: RE: I(ing Street Raw&Finished Watermains - Restoration Dean, We are going to meet with Geneva Construction, the paving sub-contractor for Swallow, on June 1st to discuss their work. We haven't paid Swallow for any paving work yet, and do intend to hold off on payment until that issue is resolved. Regarding the resident comments: 1)This is a watermain project, not a roadway project, so we only have funding for patching. It's inevitable that comparisons will be drawn between this project and last year's roadway project. I spoke with Mrs. Pedersen a few weeks ago and specifically discussed this with her. 2) 1 know there have been discussions between Swallow and Mrs. Pedersen about trimming the edge of the asphalt. This was along the east side of King between Center and Somonauk. My understanding was that they reached an agreement, and that Swallow would remove the extra asphalt. I believe that the removal work has been completed. 3-4) EEI needs to check these issues. 5) It is common to have drains in the parkway. This shouldn't be a problem. 6) EEI needs to check this item. 7) Swallow didn't do any work at Church & King. Eric should check the drain to make sure it is functioning properly. 8) Does this item also refer to the intersection of Church & King? Joe From: Wolfer, Dean [mailto:dwolfer @morrishospital.org] Sent:Tuesday, May 30, 2006 9:40 AM To:jwywrot @yorkville.il.us Cc: coypw02 @comcast.com Subject: Good mourning Joe, Last Monday I met with Mr. and Mrs. Peterson over an issue with the street repairs on King and Church. 1 have received several calls from the residents concerning the repairs. I know you are already aware of some of the problems and are scheduled to have a meeting with the engineers to see what can be done to resolve the issues. I am sending a list of the issues that the residents have so that you are aware of them. It is my recommendation that we hold payment until you are satisfied with the work. Please understand, I am not trying to tell you how to do your job in anyway. I am just bring to your attention that there is a problem with the job on King street. Please just let me know what you need me to do and I will do whatever I can to help you resolve it. My cell number is(815)955-3120. 12/6/2006 Page 3 of 4 1 really appreciate all of your efforts and all you do for the City. I understand that not everyone will be happy no matter what we do and that I may not have all of the facts yet. I did feel that the residents were being reasonable and that the company did a poor job. I also feel that we need to hold them responsible. Here is the list. Thanks Dean List from residents: 1)The street was not totally repaired. The strip down the middle that was not repaired is already cracking and has holes in the pavement. As long as we are repairing the street due to the lines we are putting in wouldn't this be a good time to resurface. ( It did look like the center of the street was in poor shape. I'm not sure that the pavement wont start coming up along the seams.) 2)They cut the blacktop on the west side of king to edge the street for the curbing that is going back. Swallow told the residents that they don't intend to remove it and haul it away. It is up to the residents to dig it up and haul it away. 3)At 303 W main the blacktop on the SE side drive was added after the blacktop was put down. Amy from EEI confirmed that it was not properly prepared and will flake off in approximately 2 years. ( I have not talked to Amy as of this e-mail. I do plan to contact EEI to get their side of all of this) 4)The landscaping is not complete. (I certainly agree with this one. I saw mounds of dirt that had not been graded in some areas, rocks and debris with grass netting over them. It looked like they never did a final grade nor filled with an acceptable fill before that planted grass.) 5)The street drains are in the parkway not the street. 6)The street comer on the North side of King and Center is missing blacktop. 7)The drain on the corner of Church and King id plugged. 8)Water is not running off the street. It sits at Parkview near the SE corner. Dean Wolfer Facilities Coordinator Morris Hospital I50 West High Street Morris,IL 60560 (815)942-2932 Fax(815)942-8058 dwol fer @mom shospital.org Important Confidentiality Notice This message and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure,copying, distribution,or use of this message or any attachment is prohibited. If you have received this message in error, please notify us immediately by returning it to the sender and deleting this copy from your system. Thank you. 12/6/2006 Page 1 of 2 Joe Wywrot From: Joe Wywrot awywrot @yorkville.il.us] Sent: Monday, June 12, 2006 9:13 AM To: 'Amy Sellner' Cc: 'Bill Dunn; 'coypw @comcast.net Subject: RE: King Street Raw& Finished watermain-street restoration Amy, I spoke with Rena Pedersen last week, before the curb replacement had been completed, and asked her not to do any more. She said she would stop, but then proceeded to complete the curb work. The fact that the curb is in place may create some difficulties, but it should not affect our decision regarding any remedial work on the patching. Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax From: Amy Sellner[mailto:ASeliner @ eeiweb.com] Sent: Friday,June 09, 2006 2:17 PM To:jwywrot @yorkville.il.us Cc: Bill Dunn; coypw @comcast.net Subject: Joe, I drove down King Street today and noticed the Pedersons have finished installing their curb on the east and west sides of King Street. This will create some problems when it comes time to repair the pavement along the west side. Please let us know what your thoughts are regarding this. Thanks, Amy L. Sellner, E.I. Engineering Enterprises, Inc. Tel: 630/466-9350 Fax: 630/466-9380 asellner @eeiweb.com ************************************************************************************ This message may contain confidential and/or proprietary information, and is intended only for the person/entity to whom it was originally addressed. The content of this message may contain private views and opinions which do not constitute a formal disclosure or commitment unless specifically stated. If you have received this email in error please notify the sender immediately and do not disclose the contents to anyone or make copies. ** eSafe scanned this email for viruses,vandals and malicious content. ************************************************************************************ No virus found in this incoming message. 12/6/2006 King Street Raw&Finished Watermains-Pedersen payment Page 1 of 2 Joe Wywrot From: Joe Wywrot Dwywrot @yorkville.il.us] Sent: Thursday, August 24, 2006 9:15 AM To: Jennifer Milewski Cc: Susan Mika(smika @yorkville.il.us) Subject: FW: King Street Raw& Finished Watermains-Pedersen payment Attachments: Pedersonpvmt.pdf, Pedersen King St. letter.pdf Jennifer, Please send an invoice to Cal and Rena Pedersen at 307 King Street in the amount of$12,456.00 for paving of roadway shoulders on King Street. Please refer to the attachments. Thanks, Joe Joe Wywrot Yorkville City Engineer (630)553-8527 (630) 553-3436 fax From: Amy Sellner [mailto:ASellner @eeiweb.com] Sent: Wednesday, August 23, 2006 4:16 PM To: Joe Wywrot Cc: Bill Dunn Subject: RE: King Street Raw&Finished Watermains - Pedersen payment Joe, Attached is a breakdown of the paving. Feel free to call with any questions. Amy From: Joe Wywrot[mailto:jwywrot @yorkville.il.us] Sent: Tuesday, August 22, 2006 12:08 PM To: Amy Sellner Cc: Susan Mika Subject: King Street Raw&Finished Watermains - Pedersen payment Amy, We need to invoice Mr. &Mrs. Pedersen for the shoulder paving on King Street. Please forward the final quantities& unit prices for this work. Thanks, Joe Wywrot Yorkville City Engineer (630)553-8527 (630) 553-3436 fax 12/6/2006 ADDITIONAL SHOULDER PAVEMENT(PEDERSON) WELLS NOS.3 AND 4 RAW WATERMAIN AND KING STREET FINISHED WATERMAIN UNITED CITY OF YORKVILLE DATE:AUGUST 23,2006 SHOULDERS OF XW 87REET-ADDITIONAL F SY UNIT PRIES AL COOT West side of Street between Main Street and Center Street 1830 203 $24.00 54,672.00 East side of King Street south of Center Street to drK*%w 555 62 324.00 $1 468.00 East side of Street between Center Street and Somonuak Street 2290 254 $24.00 $6 096.00 Total= 519 $12,456.00 G:\PubIk\Yorkviile12001\YO0109 Contract B.3-Well Nos 3 and 4 Raw WM and King St.WM\Er*pedersonpvmt01 JAN-9-2007 08:36 FROM:UNITED CITY OF YORKU 553-3436 TO:5534377 P:2/3 Dccemberl 5,2006 TO: Mayor. of Yorkville City Engineer From., Cal and Rena Pedersen Thank you for the packet of c-mails and field reports. There were many more on-site conversations and phone calls beside all these. It proves that we all worked very hard to keep the entire project going to conclusion with high hopes and great expectations for the sake of this beautiful historic neighborhood. The explosion of devel.oprnen.t on all sides of town warrants us all valuing the little piece of what historic Yorkville once was, and remaining determined to preservo it. In the end and in the final analysis, we are pleased to have the blacktop shoulders around the properties here, and at Parkview. We say again that we appreciate your support i.n helping us with that relatively small part of a major construction project, it only became a m— or problem. when repairs and redos were left undone for long periods of time, in which,case, we would begin on our own to clean up the mess. Many times, we sbnpl.y could not get confirmations of a time-frame to fix any given situation regarding shoulder or landscaping work. Our union builders were put on stand-by for i.ndefux to periods of time to replace the ties. Then once when they simply .had to meet an obligation that had been on hold elsewhere, the road crews wanted the ties put back that very week with very little notice. These situations repeated themselves for two summers and into Decembers. During the weeks before the 4u' of July, we just had to make some repairs and re-sod some areas. We know after 33 years here that many people come from surrounding communities just to watch the parade and enjoy this beautiful historic part of Yorkvi,l3e. I could go on and on about the daily trash from worker's food, unfriendly attitudes in some cases, dangerous holes left close to the properties where our little grandchildren could have fallen into, sharp pieces of equipment left or discarded on the parkways and streets, language barriers that only our Costa Rican son-in-law could get through, hours spent stringing lines for workers to keep road edges straight or shoulders lined up, and trying to fill uneven edges with cold pateb which washed right out. There is no way to describe the frustration we endured on a daily basis. If you look over Dean Wolfer's Ii.st that and his lovely wife made after walking these properties, (and that was late into the project), you can see that we were not making this up. We still looked like a disaster area when he took the time to come over. Su.st to show our good faith, we are enclosing 1/2 of our payment for the Parkview section of shoulder work which you have listed as S 6,107. There is a substaiati.al.amount of water now at Parkview on the South side outside the curb on West Center, which we did not have before the project, and perhaps a few street drains there would solve that problem. On the South East corner of King and West Center, that shoulder has significant gaps, which, should be filled, but the edges are raised, and need to be ground down before adding roore asphalt. We will pay whatever you ask, but the purpose of our commun.icatiou was to uafbnn you of our,reluctance to right the check without a hearing. JAN-9-2007 08:36 FROM:UNITED CITY OF YORKV 553-3436 TO:5534377 P:3/3 U Thanks for you tirue and Consideration of this matter. Sincerely, Cal.and R Pedersen. PARK 1-:W CMRlSTIAN qCA.GRANTACCOU Q 201 Vv CENrt-n N MY INC. y2,70_YQRKVlLLE, !(t9 r ST sosso 5583 wia 25(), CASTLe IS-- bank NjC 1 V64 lz ♦A C/T y Reviewed By: J� T Legal ❑ City Council Finance ESI: , 1838 El �� Engineer g C y City Administrator 61,,-7 61,,-7 Agenda Item Tracking Number O� �O Consultant E] W a t��-'62 SCE ��'� ❑ City Council Agenda Item Summary Memo Title: Fox Road Sidewalk City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: Several options are given regarding a proposed trail or sidewalk along Fox Road between the White Oak Estates and River's Edge developments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction concerning the type, location, and construction timing of a trail or sidewalk along Fox Road. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C1,11*o United City of Yorkville Memo 800 Game Farm Road 1 lass Yorkville, Illinois 60560 .� Telephone: 630-553-8545 0� °% p� Fax: 630-553-3436 SCE Date: January 8, 2007 To: John Crois, Interim City A strat1or\ From: Joe Wywrot, City Engineer �-J CC: Lisa Pickering,Deputy City C erk Subject: Fox Road Sidewalks At the Committee of the Whole meeting of December 19, 2006, sidewalk along Fox Road between the White Oak Estates and River's Edge developments was discussed. Direction was given to investigate the possibility of constructing a wide shoulder along the north side of the road to provide room for a pedestrian trail,rather than constructing a 5-foot wide concrete sidewalk. Attached find a memo report from EEI regarding the pedestrian trail. They have found that both IDOT and FHWA prohibit two-way trails adjacent to roadways without some kind of physical separation from the roadway. The separation could take the form of a parkway at least 5 feet wide, or a railing at least 3.5 feet high. One-way trails directly adjacent to the roadway are allowed,but that would require pedestrians to cross Fox Road twice which would itself create safety concerns. In all likelihood pedestrians would not cross the road but simply use the trail on the north side of the road,therefore if we are to construct a trail adjacent to the road it should be separated from the roadway as stated above. EEI has estimated that the cost of several trail alternatives as follows: Width Separated by Parkway Separated by Guardrail 8 feet $120,000 $205,000 10 feet $136,000 $221,000 Attached find the sketch that was reviewed by the Committee of the Whole in December. The alignment that uses the interior sidewalks within White Oak Estates (Option#2) would cost about$51,000,while the sidewalk along Fox Road(Option#3)would cost about $92,000. I recommend that the Option#2 be approved. Since the trail or sidewalk would be funded 100%by the city, I also recommend that this sidewalk not be constructed as part of the Fox Road project,but be constructed separately as future funding allows. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. MEMO To: Joe Wywrot, P.E. City Engineer United City of Yorkville E..sr..��..� Enlarpriaos. ono. From: Nathaniel J. Koehneke, E.I. Date: January 5,2006 Re: Cost Estimates for the Proposed Bike Path\Shared Use Path Along Fox Road EEI Job#: Y00629 In response to your request for cost estimates to provide a bike path along and on the North shoulder of Fox Road between the Rivers Edge Subdivision and White Oak Subdivision,we offer the following information and cost estimates. Pursuant to the Illinois Department of Transportation (IDOT)"Design Guidelines for Bicycle Facilities"and the American Association of State Highway and Transportation Officials(AASHTO)"Guide for the Development of Bicycle Facilities",a two-way bike path on the shoulder of one side of a roadway is not recommended or permitted (See attached IDOT and AASHTO excerpts). A one way, single lane bike lane on the shoulder of a rural type road and traveling in the same direction as the adjacent motor vehicle travel lane is permitted. However,as we understand your request, use of the directional single bike lane,one on each side of Fox Road would not be conducive to the desired need for this particular area. Therefore,we have prepared cost estimates for two alternatives to provide a Bike Path/ Shared Use Path for two way travel along the North side of Fox Road between Poplar Drive on the West and White Oak Way on the East. Alternative#1 provides for a Shared Use Path that is,as a minimum,five feet off the edge of the shoulder of Fox Road. The path could be located either as far away from the road as the right of way line or somewhat closer to the roadway depending upon the ditch side slope grades,trees,culverts and other obstacles. The cost for a recommended 10 foot wide path is estimated to be$136,000.00 and for an 8 foot wide path $120,000.00. If the path only extended Eastward from Poplar Drive to the West end of the internal sidewalks of White Oak Way,similarly, as the earlier sidewalk consideration,the costs would be reduced to $100,000.00 and$90,000.00 respectively. Alternative#2 provides for a Shared Path located immediately adjacent to the edge of pavement of Fox Road. However, per design and safety requirements,a suitable physical barrier(a guardrail)a minimum of 42 inches in height is required to separate the adjacent motor vehicle from the path. The respective cost for a 10 foot wide path and an 8 foot wide path is$221,000.00 and$205,000.00. Attached for your reference are additional excerpts from the design guidelines of AASHTO and IDOT that provided guidance for the above. We trust the above provides the information requested. If you have any questions or need any additional information, please contact our office. PC: Eric Dhuse, Director of Public Works JWF,WED,RGN—Engineering Enterprises, Inc. 52 Wheeler Road, Sugar Grove, IL 60554 Tel:630/466-9350 Fax:630/466-9380 www.eeiweb.com r� N I V I ° RIVER I R Z I m I � AM CR �u� H RAULIC V 300' 0' 300' 600' p WHIT F SCALE ET f M I MOPOSED NWT TUwN LANE LOCAIM P I y I THIE WEVALK ro THE west OF 1 I � 71w1E OAK KTEAIATAE/I ti i wKa o Will wu Z ¢ W o= C WEewl TO%E EAST OF onE oAr VMUNINT TO K 153MACED I h �r Fj N C, _Z I � Q OqK O _ n WqY A HINGTO y I O �� A HINCTOry PR N i Y P VIP NEST I G W. T �A o R � a R K O� S I IN F< O sT 2 y � I SCypp(�y LL r - _--- PKWY n ® q4 AR ° pp A R ST FOB' N i 5 I ®m m n rna FN CR I I I - COMIGHi V 7005 ENGINEERING ENTERPRISES.INC. EnglneerMg Enterprises,Inc. UNITED CITY OF YORKVILLE a�Nv..nb a, FOX ROAD IMPROVEMENTS SIDEWALK ALTERNATIVES nos.No. roo6 GanvA�g Engneye Kane and Kw+ddl Counties,Illinois P„I�,,,,p,,,,d N0. x00600 S2 VA Rood " P°°°t' Su Grow.MI 00&% 630/40-9330 :mom Kw. )00)- ,3 ♦,�t�D C/Ty Reviewed By: J O Leal ❑ City Council Legal Finance ❑ EST. 1836 Engineer-' City Administrator Agenda Item Tracking Number �� =O Consultant ❑ Pc� aoo?- Qi SCE ,w El City Council Agenda Item Summary Memo Title: Kendall County 2007-2030 Transportation Improvement Plan City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: This is the county's short and long-term plan to address transportation needs. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: None 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 Im o� ,_ py Fax: 630-553-3436 �kE w� Date: December 20, 2006 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer ►c CC: Eric Dhuse, Director of Public Works Travis Miller, Community Development Director Subject: Kendall County 2007-2030 Transportation Improvement Plan Attached find a draft copy of the Kendall County 2007-2030 Transportation Improvement Plan. The plan estimates funding levels and construction costs for various projects over the next 23 years.Near-term projects that affect Yorkville directly are: Project Year Remarks Eldamain(Rena—Rt.34) 2007 Concrete pavement Fox Road(Pavilion—Poplar ) 2008 Resurfacing Walker Rd. (Rt.71 —Rt.47) 2008 Resurfacing Eldamain(Menards—Galena) 2009 Reconstruction Eldamain/Galena Intersection 2010 Traffic Signal design work Van Emmon @,Rt.71 2010 Intersection improvement Other projects that are not scheduled in the next few years are: Prof ect Remarks Cannonball Trail (Rt.34—Galena) Joint project w/Yorkville Fox Road @ Pavillion Intersection improvement Galena @ Rt.47 Intersection improvement Galena @ Cannonball Intersection improvement Galena @ Kennedy Intersection improvement Some of these projects need to be coordinated with city or developer improvements, with the scope of those county projects possibly being modified. Other projects anticipate joint funding, such as the Cannonball Trail project. One project I recommend adding is the replacement of the River Road Bridge over Blackberry Creek. While the city would be the lead agency,Kendall County has indicated that they would commit some BRRP funds to that project, subject BRRP funding levels and other projects already underway. Please place this item on the January 16, 2007 Committee of the Whole agenda for discussion. -s ! co TY° NDAIL; KENDALL COUNTY HIGHWAY DEPARTMENT F R A N C I S C K L A A S C O U N T Y EN G I N E E R 6780 ROUTE 47 YORKVILLE,IL 60560 TEL 630/553-7616 FAX 630/553-9583 TO: Municipal Official FROM: Francis C. Klaas,P.E. UHIJ;: L Ce=111DUf 13' GVVV r SUBJECT: Kendall County 2030 Transportation Plan 1Z r As you know, residents of Kendall County recently approved a 1/z ¢ sales tax for transportation purposes. The Kendall County Board intends to approve an ordinance establishing the tax in February of 2007. As long as this ordinance is on file with the Department of Revenue before April 1, 2007, then the tax will be implemented on July 1, 2007. Kendall County expects to actually begin receiving revenues in October of 2007. Since this tax will have immediate positive implications for the County's Transportation Improvement Plan, said Plan is being updated to reflect the new revenue stream, and consequently, new projects may be proposed within your community. The Kendall County Board would like to engage you in a discussion about proposed projects within your community. Please take the time to review the enclosed draft transportation plan. Specifically, you may want to review the 5-Year Plan, located at the end(last 3 pages) of the 2030 Transportation Plan. Because the County Board is under a timeline to enact the enabling ordinance for the sales tax, - there may not be enough time to address all the concerns of every community in Kendall County, as it relates to the 2030 Plan. However, the Plan is a living document that will be reviewed and updated every year. You are always welcome and invited to provide input on behalf of your community. Our goal is to improve safety and reduce congestion. Your thoughts and suggestions will help us achieve this goal. Feel free to share this draft plan with others in your organization that may have insights /information about transportation needs in your area. �z-�...F,. u .��J°.s��^o"'�,c:.'.•.. --aka"`-��"��} r`�"� DRAFT —12-06 7i 3T 7 - r .� yr, x -r ._ r� t...._ ��'•' � - -. UOQL:�fiY i - C"F to t P l PRO r { � 0. -z tj- _ - 1 � IM 5 x x *�� r _� �� t ��'� �3xE�z �;_.,�,. 2 - ���� ���"���'J��F�1��8lc fa � •e rt :_r-ai !' i P i Table of Contents Introduction -3- Existing Highway System 4' Deficiencies Created by Impending Growth -4- Current&Anticipated Transportation Funding -4- Motor Fuel Tax 'S' County Highway Fund -5- County Bridge Fund -5- Federal Aid Matching Fund -6- Transportation Sales Tax Funds -7- Federal Funds '7' Needed Highway/Bridge Improvements -7- Intersection Improvements -8- Capacity Improvements -8- Bridge Improvements -9- Maintenance -10- Assumptions -11- Analysis -11- Conclusion -12- List of Exhibits Exhibit 1: Historical Highway Department Funding Exhibit 2: Tax Levy Data Exhibit 3: Estimated Annual Funding Levels for Capital Improvements Exhibit 4: Consumer Price Index (1984-2004) Exhibit 5: 2007-2030 Anticipated Capital Improvements Exhibit 6: Capital Improvement Map r Exhibit 7: Financial Analysis of 2007-2030 Transportation Plan Exhibit 8: Projected Future Traffic i Exhibit 9: Design Standards Exhibits 9a—9e: Geometric Features ; Exhibit 10: 5-Year Transportation Plan S - 2- i Introduction For the past 5 years, Kendall County has been identified as one of the fastest growing counties in Illinois and in the nation. It is obvious to those who reside here that growth is currently the predominant socio-economic issue facing this small county, which is perched at the edge of the Chicago collar counties. Many opportunities and a myriad of obstacles will result from this explosive growth; not the ` least of which is an anticipated strain on the transportation system. All highway agencies and all modes of transportation will be affected. This transportation plan does not seek to present a comprehensive, agency-wide or intermodal solution, but will simply focus on the needs of the County Highway System,based on historical and anticipated growth. Most transportation plans utilize detailed traffic modeling techniques to predict where capacity improvements will be needed. This methodology has most recently been employed for Kane County's Impact Fee Study and also for the Prairie Parkway Study. It is an appropriate application of the technology available today to make certain predictions for future transportation needs. Mhis Plan, on the other hand, focuses on long-range transportation improvements and the funding required to make such improvements. It makes logical assumptions for intersection and roadway capacity improvements based on a review of municipal comprehensive plans,historical growth, evaluation of growth trends, and engineering judgment. Specific highway and bridge improvement projects are identified in an effort to estimate the total cost of improving and maintaining the County Highway System over the next 23 years. These project needs are then compared with the County's ability to fund them, given the current and projected revenue streams over the same time period. In more urban counties, there is frequently more emphasis on public transportation, mass transit, and Intelligent Transportation Systems (ITS) as those counties reach a point where add-lanes projects have diminishing returns. And even though Kendall County is one of the fastest growing counties in the nation, its total population and population densities are still relatively small compared to other counties in the Chicago Metropolitan Area. With these existing population densities, and those planned for the foreseeable future, it is assumed that services provided by PACE and METRA, as well as ITS will play a very limited role in solving Kendall's transportation problems. Rather, the focus of this plan is to provide additional capacity on County Highways to reduce congestion and improve safety. Nevertheless, some funding has been earmarked for ITS,but it is expected that these investments will occur in the latter part of the plan. Obviously, any study encompassing the span of 23 years will integrate numerous assumptions and will have certain inaccuracies. We believe that this study,based more heavily on Q } - 3 - i engineering judgment, is not inherently more inaccurate than those based on empirical evaluations. Existing Highway System Kendall County currently has about 125 centerline miles (265 lane miles) of pavement and 28 bridges on the County Highway System. These facilities consist almost entirely of 2-lane type roadways and bridges. Only 6 ih centerline miles of the entire system are designated 80,000# truck routes. There are no 4-lane bridges on the entire system. In general terms, the physical condition of the County Highway System is good. From a capacity viewpoint, the condition is also good, with the exception of a few intersections and short roadway segments in the urban areas that are rapidly becoming congested. Deficiencies Created by Impending Growth Although the current report card on the County Highway System is good, it is not expected to stay that way for long, unless significant improvements are made to the County Highway System; improvements that will address capacity needs, including intersection improvements, traffic signalization and coordination, as well as add-lanes projects. The Northeastern Illinois Planning Commission (NIPC) has forecasted that the 2030 population for Kendall County will grow dramatically to 180,000... an approximate 230% increase from the 2000 census. The number of households and employment will also grow proportionally. This growth will put a tremendous burden on the entire transportation network in Kendall County, including state, county, municipal and township facilities. The projected increase in the number of households in Kendall County will create over 400,000 new trips in 2030, compared to the number of trins in 2000. This will add nearly 5 million vehicle-miles per day to the existing system. Much of this new traffic will travel on the County Highway System for at least a part of their average trip. Many of the existing county highways, such as Galena Road, Orchard Road, Plainfield Road, and Ridge Road, simply cannot accommodate the overwhelming increase in traffic. In fact, several of these roadways are already approaching the 2-lane threshold,in which consideration should be given to making capacity improvements. Additionally, the increase in traffic will drive the need for numerous intersection improvements, designed to improve safety at the crowded intersections. Current & Anticipated Transportation Funding There are several revenue sources that will help fund the needed capital improvements and t provide maintenance for transportation infrastructure on the County System. They are described t -4 - in some detail herein. Please refer to Exhibit 1, Historical Highway Department Funding, and Exhibit 3, Estimated Annual Funding Levels for Capital Improvements, for more information. These revenues are described in more detail below. Motor Fuel Tax: Kendall County, like all other counties in the State of Illinois, receives motor fuel taxes based on the number of registered vehicles in the county. In 2006, Kendall County received approximately$1.3 million in motor fuel taxes. These funds can be used for both capital improvements and maintenance. Future Funding Factors • Dramatic increases in population will undoubtedly increase the number of registered vehicles in Kendall County, so Kendall's share of local MFT funds should increase. This increase will be tempered somewhat by the overall increase in population in Illinois. Since Kendall's growth relative to other counties is significant, there should still be an overall upward trend in these funds. • There is a general upward trend in vehicle miles driven. This could potentially mean that more gas will be sold, which means more motor fuel taxes will be collected. This potential increase is tempered by the increase in vehicle efficiencies, the high cost of gas which discourages travel, and the trend toward hybrid vehicles. • High growth and more registered vehicles should carry the day. A 3%per year growth factor is predicted over the next 23 years for County Motor Fuel Taxes (see Exhibit 3). _ County Highway Funds: The County Highway Fund is a property tax-supported fund. Over 80% of all revenues in this fund are derived from property taxes. The fund itself is used for operating expenses for the Kendall County Highway Department. Salaries, maintenance supplies, equipment maintenance, and other operational expenses come out of this fund. No road or bridge improvements are funded from the County Highway Fund. Even though the historical funding is shown in Exhibit 1 and Exhibit 2, it has been done so only for informational purposes, and has not been included in the Total Capital Funds, since capital improvements have not Historically received monies from this fund. i Future Funding Factors • The property tax component of the County Highway Fund has been increasing at a rate of less than 2%per year over the last 20 years (see Exhibit 2). It has not quite kept up with the rate of inflation or consumer price index over this time period, which has averaged 2.9%per year over the last 20 years (see Exhibit 4). It is expected that this Fund will see a spike in revenues for 2008 due to proposed consolidation of real estate tax revenues currently levied in the F.A.M. Fund and explained in greater detail in the a F.A.M.fund description. After 2008, it is expected that this Fund will see only meager increases. A 2%per year growth factor is provided. • It is predicted that this fund will continue to provide revenues for all operational expenses of the Highway Department, and will not contribute in any way to future capital highway improvements. It has therefore not been included in the Total Capital Funds in Exhibits 1, 3, & 7. a - 5 - i County Bridge Fund: The County Bridge Fund is also a property tax-supported fund, receiving nearly all of its revenues from property taxes. It is the only tax supported fund that has seen a significant increase over the last 20 years, with an average annual increase of about 6%. The fund had been "underfunded" for years, so the recent increases were sorely needed. The cost of jw bridges has increased dramatically over the past 10 years, far outpacing the increases in pavement construction. This fund, along with the Motor Fuel Tax Fund and Federal Aid Matching Fund have historically been the mainstay for bridge rehabilitation and replacement on the County Highway System. Although Kendall County has only 28 bridges on the County Highway System, the County is frequently petitioned by Townships to participate in bridge projects on the Township System (57 bridges). The County typically helps fund these projects on a 50150 basis. The annual cost of the joint bridge projects is relatively small, with occasional upward spikes. But a general downward trend in joint bridge projects is expected as township facilities are consumed by municipalities. Future Funding Factors • Although County Bridge Funds have increased dramatically over the past 10 years, the rate of growth in the fund is expected to nonnalize with the introduction of the Sales Tax for Transportation, since the latter funds can be used for new bridge construction and rehabilitation. Additionally, the restraints of PTELL will undoubtedly limit increases to the fund in future years. The exception to this rule is expected in 2008, when an upward spike in revenues may occur due to consolidation of real estate levies discussed in the " F.A.M. Fund description. For the purposes of this study, a 2%per year inflator has been calculated for this fund after FY 2008. • The cost of bridges is expected to increase and possibly outpace inflation as the cost of structural components increases. This will reduce the "buying power" of this fund. Federal Aid Matching Fund: This fund has historically been supported entirely by property taxes. The monies received were used to match federally funded projects, and were also used for other road and bridge improvements on any other federal aid route. The fund has experienced a roller coaster ride over the past 15 years, going from $384 in revenues in 1993 to $250,000 in 2003, and increasing to $350,000 in 2006. With the introduction of the Sales Tax for Transportation funding, it is the recommendation of the Highway Department that this fund be eliminated and annual revenues transferred to the County Highway Fund and County Bridge Fund. This will simplify real estate tax levies and yield more revenues for operational expenses and for bridge construction. ' In fiscal year 2007, Kendall County will levy $800,000 in the County Highway Fund, $575,000 in the County Bridge Fund and$350,000 in the Federal Aid Matching Fund. In addition to these funds, the County General Fund will provide $134,000 for the purchase of heavy equipment, bringing the total direct funds (real estate taxes) for highways to$1,859,000. For fiscal year 2008, and with the elimination of the Federal Aid Matching Fund, it is recommended that i - 6 - t approximately$1,000,000 be levied in the Highway Fund and approximately $900,000 in the Bridge Fund. Heavy equipment purchases can then be taken out of the County Highway Fund, eliminating the need to budget this in the County's General Fund. These changes will cause an upward spike in the revenues for 2008, but are expected to stabilize in future years. As mentioned previously, funds in the County Highway Fund are operational and have not been programmed for capital improvements. Conversely, funds in the County Bridge Fund will be used for capital improvements and have been estimated in the Capital Program in the attached exhibits Future Funding Factors • As stated, it is expected that this fund will be eliminated and existing revenues consolidated in the County Highway and County Bridge Funds. Transportation Sales Tax Funds: On November 7, 2006, voters in Kendall County approved an increase of 1/2¢ in the local sales tax for transportation purposes. This increase, similar to the Public Safety Sales Tax, should start generating revenues for the County beginning in October 2007. Obviously, this revenue stream is new, is much anticipated, and is expected to be used strictly for capital improvements on the County Highway System. By statute, funds can be used for any transportation purpose for which a county may expend funds under the Illinois Highway Code; meaning that these funds can be used for engineering, land acquisition and construction of highways and bridges. These activities are exactly the same as those funded under the Federal Aid Matching Fund, hence the recommendation to consolidate the Federal Aid Matching Fund into the other real-estate-based funds, namely the County Highway Fund and County Bridge Fund. Future Funding Factors • Using the Public Safety Sales Tax as a comparison, it is expected that revenues in this fund should approach$4 million in the first full year of collection (2008). If recent historical trends are indicative of future growth, these funds should grow substantially over the next 20 years (see Exhibit 3). Total sales tax receipts are expected to vary greatly from year to year, but an average of 3%per year increase is calculated for the period of this study. • The Kendall County Board cannot increase the sales tax without another referendum, but they can decrease or eliminate the tax at any time. Because of the enormous need for transportation funding, it is expected and assumed that the 1/z¢ tax rate will not be reduced during the life of this transportation plan. Federal Funds: Federal Funds include Surface Transportation-Rural Funds (STR) and Bridge Rehabilitation and Replacement Program Funds (BRRP). These are federal funds allocated to Kendall County based on a formula that includes land area, population and mileage. Funds allocated in the BRRP Program are based on the number of deficient bridges in the County. The funds are actually never in the hands of Kendall County, but are allocated and administered by F 4 - 7 - J the State of Illinois. Funds can only be spent on projects on the federal aid system and which meet federal eligibility rules. Kendall County is currently allocated a very small annual program for BRRP, because many of the bridges in Kendall County are in relatively good shape. Current federal guidelines also restrict the use of revenues, preventing them from being used for capacity improvements or structures on new alignment. Therefore, the program does not address the true needs for bridges in Kendall County. Due to its continual urbanization, Kendall County has recently been required by federal law to be included in a Metropolitan Planning Organization (MPO). Kendall County is now represented by the Kane/Kendall Council of Mayors, under the under the umbrella of the Chicago Metropolitan Agency for Planning (CMAP). CMAP is a result of the consolidation of the Chicago Area Transportation Study (CATS) and the Northeastern Illinois Planning Commission (NIPC). A potential increase in the availability of federal urban funds may result. However, Kendall County will have to compete with other municipal agencies in Kendall and Kane County to garner the funds. Additionally, the pot of urban funds is expected to be small, based on Kendall's relatively small population, compared with other collar counties. Future Funding Factors • An upward spike in federal funds typically occurs with the passage of the 5-7 year federal transportation bill. Revenues tend to stabilize for the remainder of the bill, and then experience another spike with passage of a subsequent bill. Exhibit 3 reflects these spikes and plateaus over the next 23 years. 0 No significant increases in federal funds are projected under this funding plan, even though more urban revenues may become available. It is expected that these additional funds will not provide a consistent source of revenue for the County. Needed Highway/Bridge nprovements Anticipated improvements on the County Highway System can be categorized in three ways: Intersection Improvements; Capacity Improvements; and Bridge Improvements. Intersection Improvements: As the volume of vehicles entering an intersection increases, the need for turning lanes and/or traffic signals increases. Turning lanes and signals provide a greater level of safety for the motorists, by removing the turning vehicles from the thru-lane and by providing access from the minor street onto the more heavily traveled, major street. Capacity of the intersection generally increases with the implementation of these improvements. i The cost of an intersection improvement can vary greatly depending on many factors. For the purposes of this study, historical costs of 3-leg and 4-leg intersections were used as a baseline, with other adjustment factors assigned where needed. - 8 - Capacity Improvements: For the purposes of this study, capacity improvements are defined as "add lane" improvements. In general, 2-lane roadways and bridges can accommodate a limited amount of traffic. As roadways approach 15,000 vehicles per day, consideration should be given to a capacity improvement. Capacity improvements are identified on several county highways where impending growth will dictate the need for additional lanes. Bridge Improvements: These improvements are self explanatory. Bridges that have reached the end of their useful life, or bridges that require capacity improvements must either be rehabilitated or replaced. A list of anticipated improvements required over the next 23 years has been included in this funding plan as Exhibit 5. These projects are also represented pictorially on Exhibit 6. Along with the identified improvement, an estimated total cost has been provided. A "Funding Factor" has also been included to estimate the County's share of the total cost of the improvement. This funding factor incorporates true judgment and estimation into the plan. For example, the very first entry in Exhibit 5 is an urban 3-lane improvement to Cannonball Trail. Since most of Cannonball Trail is already "built out" there are very few opportunities for private development to share in the cost of the improvement. However, approximately 1 '/a miles of a total of 3.75 miles is currently under the jurisdiction of the City of Yorkville. It is anticipated that if a 3-lane improvement were constructed as a single contract, the City would then fund their proportionate share of the improvement. For the purposes of this study, a 67% adjustment factor was applied, bringing the county's share of the $6 million project to $4 million. Another example can be found on page 3 of Exhibit 5 under Newark Road. An intersection improvement at this location will probably be required some time in the next 23 years. Because Kendall County has only one leg of the intersection, a 33% Funding Factor is applied to the T intersection, yielding Kendall County's share at$167,000 of the total $500,000 project. One final example can be found on page 4 of Exhibit 5 under Ridge Road. This roadway, now known as the WIKADUKE Trail,is expected to become a 4-lane urban section at the expense of private development. From experience, it is anticipated that this project, although funded mainly with private sector monies,will still require some participation on behalf of the jurisdictional agency, i.e., Kendall County. The estimated Funding Factor in this case is 15%. As stated,Kendall County is anticipating development revenues to fund most of the construction of the WIKADUKE Trail,but it is important to note that this plan also assumes financial cooperation of future developments in the capacity improvements of several roadways, including Little Rock Road, Galena Road, Grove Road, Plainfield Road and Caton Farm Road. These funds are anticipated through county/municipal cooperation during the annexation phase, and can _ generally be described as development fees. Although not an "impact fee"in the legal sense of the word, these development fees have been discussed at length with the municipalities in Kendall County. It is the general belief that municipalities will begin to require developers to set aside funds for the future improvement of county transportation corridors that will affect their developments. This assumption is incorporated into the Capital Improvement list by using a funding factor that reflects inclusion of the development fees and allows a smaller percentage of the cost of specific projects to be borne by the County. - 9 - To this end, significant progress has been made with several municipalities in Kendall County. The Village of Oswego and City of Yorkville have already adopted policies to collect transportation development fees on behalf of Kendall County. And City of Plano is currently considering adoption of such a policy. As three of the larger contributors to new residential developments in Kendall County, this should make a significant impact in-the ability to improve county highways as development occurs. But since collection of these fees will frequently be at building permit time, revenues will ride the cycles of boom and bust in the real estate market. Obviously, no one can know, with certainty, to what degree Kendall County will have to participate in the listed projects. Projects along state routes, which are initiated by the state, are frequently paid for by the state. On the other hand, projects initiated by a local agency are frequently paid for,to a larger degree, by the local agency. There is also a significant degree of uncertainty with the level of funding to be provided by municipal developments. Kendall County is currently working with municipal agencies to address some of these municipal issues. In general it is assumed that underestimated costs on one project may well be balanced by overestimated costs on another project. Maintenance Capital improvements to the county road and bridge system cannot simply be built and forgotten. Ongoing rehabilitation and maintenance is required each year to keep the system operating at its greatest efficiency. The cost of"maintaining" the system is included in capital costs that are summarized in Exhibit 7. The estimated life of a flexible pavement, before it needs some type of maintenance or rehabilitation, is about 15 years. In Kendall's case, with approximately 265 lane-miles of pavement, about 18 lane-miles (9 centerline miles) should be rehabilitated each year just to keep the system operational. The approximate cost of rehabilitating 18 lane-miles of pavement is $1,250,000 in 2006 dollars. It is expected that.these costs will grow at some inflationary rate over the next 23 years. For the purposes of this study, an annual increase of 5% has been assumed. Although 5% is significantly more that the average increase in the consumer price index, this rate is expected to more closely represent actual increases to maintain the Highway System. County Highway System mileage is expected to increase from 265 lane miles currently to 395 lanes in 2030 if all improvements identified in Exhibit 5 are completed. Annualized over this 23-year period, it means that the highway system will grow an average of 1.75%per year. Added to the average rate of inflation, the annual increase in maintenance cost should therefore approximate 5% and will be assumed for the purposes of this study. i 1 { - 10 - t Assumptions As with any long term study, many assumptions must be made to reach a congruent conclusion. This study is no different. But in an effort to provide greater insight to the conclusions drawn in the final analysis, a list of some of the major assumptions is provided here. _ • Kendall County will continue to maintain its highway and bridge system, without adding or deleting significant facilities from other agencies. 0 Kendall County will grow at a rate that is reflective of NIPC and Prairie Parkway projections, i.e., will grow by more than 100,000 people in the next 25 years. 0 Motor Fuel Taxes will increase to a fairly significant degree due to the projected increase in registered vehicles in the county. This also assumes that technological advances in transportation will not cause a fundamental redistribution of these funds. • The Kendall County Board will continue to levy property taxes for the County Highway and County Bridge Funds, after consolidating revenues from the Federal Aid Matching Fund into these funds in FY 2008. Increases will not be less than an average of 2% over the period of this study. • Federal funds will continue to be made available to Kendall County through the State of Illinois for improvements on the federal aid network. 0 Inflation for road and bridge construction will not exceed an average of 3% over the period of this study. Inflation has averaged 2.9% per year over the past 20 years in the - Midwest Urban Area (see Exhibit 4). • No new revenue sources will become available, other than the ones under consideration as part of this study. 0 Developers will pay for new intersections on county highways that will serve their developments. • Municipal developers will pay the lion's share of the cost of constructing a 5-lane WIKADUKE Trail, and will assist in the financing of other capacity improvements through the collection of development fees. • Kendall County.will be on the receiving end of significant federal funding or other local funding for the Eldamain Road Bridge over the Fox River. • The life cycle costs of maintaining flexible pavements will not change dramatically due to technological advances, or for other reasons. • The new Transportation Sales Tax, implemented in 2007, will stay at I/2 ¢ for the length of this study. Analysis Referring to Exhibit 7,Kendall County should begin to start receiving Transportation Sales Tax Revenues in calendar year 2007, and should receive a full year's worth of taxes in FY 2008. It is expected that revenues from this tax will total approximately$3,750,000 in FY 2008. An annual inflator of 3% has been assumed for these revenues. Although recent annual increases have been significantly more than 3%, much of those increases can be contributed to the enormous growth in economies of the municipalities in Kendall County. With the recent downtrend in the real - 11 - estate market, and slower growth in the national economy, a more conservative 3% per year increase may more accurately predict the long-term increase in these revenues. With the Sales Tax for Transportation in place, the total capital program for Kendall County will start near$6 million per year in 2008, and will swell to a projected$12.6 million in 2030. This is obviously a very significant increase in the program. It should help to address the transportation needs of this County for the foreseeable future. It will also allow tremendous flexibility in the program by allowing the County to partner with other transportation agencies to make system-wide improvements. The Sales Tax for Transportation will not alone satisfy all the transportation needs in this County. The list of needed projects (Exhibit 5) assumes funding factors that will require participation from other agencies, collection of fees from developments within corporate limits, and federal and state funding on key components of the plan. Averaged over 23 years, revenues and expenditures should approximately balance, with a slight deficit ($201,000) shown at the end of this plan. As discussed previously, so many uncertainties exist in the compilation of a long range transportation plan, that for all practical purposes, the slight surplus could certainly be construed to represent a "balanced" funding plan. Conclusion Lased on the information contained in this study, it is expected that existing revenue streams, including the new Sales Tax for Transportation, should address the majority of vehicular transportation needs over the life of this study, assuming Kendall County continues to be successful in collecting Transportation Development Fees for new residential developments in the County, as well as continuing to receive state and federal assistance on specific projects. The funding plan does not currently include a public transit component. Therefore,intermodal additions to the plan will require a complete reevaluation of the capital program and its funding components. If new highways and bridges are added to the current County Highway System, or if intermodal additions are considered, the County may want to consider additional revenue streams to fund these additional components. Sources to consider have been identified in Transportation Fiscal Impacts of Growth in Kendall County, prepared by Robinson Engineering Ltd. on July 6, 2004. a r - 12 - KENDALL; COUNTY Historical Highway Department Funding (Annual) $3,000,000 erlP r k � # 2Y.1 i�yla YEA'+.�y' r•a $2,500,000 i ' _ 19 rs`' Y+ + t Y � �'+�?: �'✓ � ,000,000$2 A 4 � LEGEND t t —MFT Funds k Highway Fund 4 $1,500,000 g J� r • Bridge Funds °+ t —Federal Aid Matching Funds 4 +t f1 Ft ;YZ +YY � { �',, 1r•ryp + tt'�r t+ -•--Other Federal Funds J•.dk�. + 1 b � 4 4 f£�� 1 I T otal Capital Funds � a of+kj4' 71�� rt SF �+ - cece ��r rM.:•Y r. ,.. ,.� ! $1,000,000 Cr 45e1+�atvibutable Illinoi��F' st' rT4 cx st, E�aRI r $500,000 ��`'' " �~•'' $0 _".t_.' _«}$__s _� ';� '� ::I _:: .C:__ L..__:. c.l._..._.i._.... .1.. -� .._..._I___..I __ 1-..._._•I.._._._4... }._._:_:1 1984 1994 2004 Kendall County Highway Department Tax Levy Data .1 ` • g E 1 � 1 e ' t 6 E E 1 E Year* _ Rate Extension Rate Extension ` Rate Extension 1987 0 1000 $475,732 0.0500:. $160,572 0 0500- - -- $160,573 1988 0.0992- $485,397 0.0496 $167,667 00496 $167,667 1989 0.0958' $475,972 0.0444 $154,861 0 0444`. $154,861 1990 '6.680 $491,599 . 0.0412 . $164,294 0.0425` $169,461 1991 0.0774 $494,332 0.0332 $148,521 0.0442 $197,727 1992 0.0295 $285,266 0.0148 $76,057 0.0238 $122,015 1993 0.0757 $577,168 0.0303 $168,947 0.0000 $384 1994 0.0683 $562,533 0.0295 $175,932 0.0034- 1995 0.0882 $559,609 0.0284 $180,098 0.0276 ` $174,655 1996 0.0792 $545,028 0.0131 $90,150 0.0254 $175,483 1997 0.0740 $560,223 0.0397 $300,365 0.0265 $200,496 1998 0.0670 $550,693 0.0365 . $300,004 0.0244. $200,551 1999 0.0631 $559,431 0.0367 $325,374 0.0232 $205,686 2000 0.0605 $580,306 0.0364 $349,524 0.02.16 $209,715 2001 0.0525 $610,161 0.0364 $400,516 0.0216; $225,290 2002 0.0576 $678,103 0.0426 $500,336 0.0208 $246,048 2003 ' 0.0488-' $680,060 0.0395 $550,458 0 0179.; $250,842 2004 '0 0400 $639,500 0.0313 $500,408 0.0126_ $201,442 2005 0 0352.. $641,311 0.0251. $475,517 0 0140 $255,067 2006 0.0357 $761,330 0.0235 $501,155 0.0165- $351,875 *Note: Year shown is the year taxes were collected, but represent previous year's levy and extension. 1987 vs. 2006 COMPARISON % REDUCTION IN AVERAGE ANNUAL FUND TAX RATE INCREASE IN FUNDS County Highway Fund -64% 2.51 County Bridge Fund -53% 6.17% Federal Aid Matching Fund -67% 4.22% Exhibit 2 I-ENDALL; COUNTY Estimated Annual Funding Levels for Capital Improvements w/ No New Funds $14,000,000 - , , Y �fi ;, r E $12,000,000 s — — — — {{}} 1 1 "§ E #�JS I S�Sk YSFI $10,000,000 LEGEND $8,000,000 `' A + ` � r � __. _ _ Total Capital Funds I I f^ r4+b ---MFT Funds Bridge Funds Transportation Sales Tax . 4•4 $6,000,000 -- ">� —'-Other Federal Funds u�" 8} H43,ivy f F-j�71• 1' a-1 � �Ilq -i $4,000,000 ...... - - -- ty z $2,000,000 +� �ile� {tr'�ly2Yi"���' ..,r•.� 1 }`i.�f }+�l 4 f rw V� r `: J 4 lK ll'. �YYi�-,k•.��'yy�r��„�i��,4i�, .7:,.•.rL'ni,��r..o.5sh� 4 �r,R W 2007 2010 2015 2020 2025 2030 i U.S. Department "~ �. Labor Bureau of Labor Statistics Bureau of Labor Statistics Data 9imf0 bis-go 3e r l� ,z ri lex ELF,i?oie'e 3 c�!ros3'amz &:.mine s; p Get Dt2tai3ed Statistics :s:+:t.ssar'l/ What':; New F ipd 3t! Mini DOL Change Output From: 1984 - To: 2004 - Options: R include graphs New! More Formatting Options 1;Utw exti-ate.,ed on: Octdbar 26r 2004 (4.09:47 N,01) t°.wisn,.rriar Price Index All Urban -Consu mars Series Id: CUUR0200SAO,CUUS0200SAO Not Seasonally Adjusted Area: Midwest urban Item: All items Base Period: 1982-84=100 175 0 0 130 co cum 125 100 I 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 Year Year Annual 1984 103.6 1985 106.8 1986 108.0 1995 148.4 1987 111.9 1996 153.0 1988 116.1 1997 156.7 1989 121.5 1998 159.3 :1990 127.4 1999 162.7 1991 132.4 2500 168.3 1992 136.1 2001 172.8 1993 140.0 2002 174.9 1994 144.0 2003 178.3 Exhibit 4 2007-2030 ANTICIPATED!CAPITAL IMPROVEMENTS Kendall County Highways H if 2005-2030 Anticipated Capital Improvements Estimated Total Cost Funding Factor(%) County Portion Cannonball Trail Urban 3-Lane Section from Rte. 34 to Galena Rd. $6,000,000 67 $4,000,000 Caton Farm Road Intersection Improvement at Rte. 47 $500,000 33 $165,000 Brid a Replacement East of Ashley Rd. $400,000 100 $400,000 Intersection Improvement at Ashley Rd. $400,000 50 $200,000 Intersection Improvement at Grove Rd. $500,000 100 $500,000 Bridge Replacement east of Grove Rd. $1,500,000 75 $1,125,000 Brid a Replacement west of Pederson Rd. $1,500,000 75 $1,125,000 Brid a Replacement east of Schlapp Rd. $1,500,000 50 $750,000 Intersection Improvement at Ride Rd. $750,000 25 $187,500 Urban 5-Lane Section from Grove Rd. to Ridge Rd. $10,000,000 20 $2,000,000 Eldamain Road Bridge & Approaches over Fox River, Rte. 71 to 34 $28,000,000 50 $14,000,000 Widen & resurface Walker Rd. to 111. Rte. 71 $2,500,000 75 $1,875,000 Intersection Improvement at Faxon Rd. $200,000 50 $100,000 Intersection Improvement at Corneils Rd. $300,000 50 $150,000 Rural 3-Lane Concrete; Menards to Galena Rd. $5,000,000 33 $1,666,667 Fox Road Intersection Improvement at Pavillion $400,000 10 $40,000 Bridge Replacement west of Poplar Dr. $500,000 100 $500,000 Fox River Drive Extend through Newark to Rte. 71 $1,000,000 67 $666,667 Reconstruct Crimmins Rd. as FRD Extension $1,500,000 100 $1,500,000 X Brid a Replacement at Clear Creek $600,000 100 $600,000 =r Intersection Improvement at Walker Rd. $500,000 80 $400,000 CT ; Urban 3-Lane Section Through Millbrook $750,000 100 $750,000 Intersection Improvement at Whitfield Rd. w/realignment $750,000 67 $500,000 2007-20,30 ANTICIPATED;Cs,I PITAL IMPROVEMENTS Kendall County highways Highway 2005-2030 Anticipated Capital Improvements Estimated Total Cost Funding Factor(%) County Portion Brid a Replacement at Holienback Creek $750,000 100 $750,000 Fox River Drive Intersection lm rovement at Fox Rd. $300,000 100 $300,000 Continued Rehabilitate Bridge over Fox River $2,000,000 100 $2,000,000 Intersection Improvement at Millhurst& River $500,000 1 67 $333,333 Brid ge Replacement over Big Rock Creek $2,000,000 50 $1,000,000 Intersection Improvement at Griswold Springs Rd. $400,000 25 $100,000 Galena Road Intersection Improvement at Creek Rd. $400,000 10 $40,000 Intersection Improvement at Little Rock Rd. $600,000 25 $150,000 Intersection Improvement at Rock Creek Rd. $500,000 67 $333,333 Bridge Replacement over Big Rock Creek $1,000,000 100 $1,000,000 Intersection Improvement at Eldamain Rd. $500,000 50 $250,000 Intersection Improvement at Rte. 47 w/Bride $1,000,000 33 $333,333 Intersection Improvement at Cannonball w/realignment $600,000 25 $150,000 Brid e Re lacement over Blackberty Creek $1,000,000 100 $1,000,000 Intersection Improvement at Kennedy Rd. $600,000 25 $150,000 Intersection Improvement at Ci?ncord Drive 1 $200,000 100 $200,000 Urban 415-Lane Section from Eldamain to Orchard $15,000,000 33 $5,000,000 Grove Road Intersection Improvement at Sherrill Rd. $400,000 75 $300,000 Intersection Improvement at Whitewillow Rd. $300,000 100 $300,000 Intersection Improvement at Rte. 52 $500,000 50 $250,000 Bridge Replacement south of Van Dyke $1,000,000 100 $1,000,000 Intersection Improvement at Chida o Rd. $500,000 50 $250,000 Intersection Improvement at Rte 1,26 w/Realignment $1,000,000 50 $500,000 Intersection Improvement at Cherry Rd. w/Realignment 1 10 1 $30,000 2007-2030 ANTICIPATED,CAPITAL IMPROVEMENTS Kendall County highways Highway 2005-2030 Anticipated Capital Improvements Estimated Total Cost Funding Factor(%) County Portion Grove Road Intersection Improvement at Reservation w/Realignment $1,000,000 25 $250,000 Continued Intersection Improvement at Collins Rd. $750,000 50 $375,000 Intersection Improvement at Plainfield Rd. $500,000 25 $125,000 Urban 3-Lane Section; Rte. 126 to Plainfield Rd. $10,000,000 67 $6,666,667 Joliet Road Urban 2-Lane Section through Lisbon $750,000 90 $675,000 Intersection Improvement at Rte. 47 $500,000 33 $166,667 Lisbon Road Urban 2-Lane Section through Lisbon $1,500,000 90 $1,350,000 Little Rock Road Intersection Improvement at Abe Street $500,000 25 $125,000 Intersection Improvement at Center Street $500,000 20 $100,000 Intersection Improvement at N filler Rd. $500,000 33 $166,667 Urban 415-Lane Section; Rte. 34 to Galena Rd. $10,000,000 40 $4,000,000 Millbrook Road Intersection Improvement at Rte 71 -Walker w/Reali nment $750,000 67 $500,000 Millington Road Intersection Improvement at Rogers Rd. $400,000 50 $200,000 Intersection Improvement at Millhurst Rd. $500,000 75 $375,000 Intersection Improvement at Lions Rd. $250,000 50 $125,000 Extension to Duvick Road $1,000,000 80 $800,000 Newark Road Intersection Improvement at Rte. 71 $500,000 25 $125,000 Intersection Improvement at Lisbon Road $400,000 75 $300,000 Intersection lm�rovement at Rte. 47 $500,000 33 $166,667 Orchard Road Intersection Improvement at Rte. 71 $1,000,000 25 $250,000 Bridge Widening over Fox River $4,000,000 100 $4,000,000 Intersection Improvement at Rte. 34 $750,000 50 $375,000 Intersection Improvement at Mill Rd. .$500,000 50 $250,000 2007-2030 ANTICIPATED CAPITAL IMPROVEMENTS Kendall County;Highways Highway 2005-2030 Anticipated Capital Improvements Estimated Total Cost Funding Factor(%) IFTounty Portion Intersection Improvement at Tuscany Tr. $200,000 10 $20,000 Intersection improvement at Galena Rd. $200,000 10 $20,000 Intersection Improvement at Caterpillar Dr. $150,000 10 $15,000 Intersection Improvement at Rte. 30 w/dual lefts $600,000 75 $450,000 Urban 415-Lane Section; Rte: 71 to Tuscan Tr. $6,000,000 100 $6,000,000 Plainfield Road Intersection Improvement at Templeton Dr. $500,000 25 $125,000 Intersection Im rovement at Woolley w/Realignment $500,000 25 $125,000 Intersection Improvement at Collins Rd. $500,000 50 $250,000 Intersection Improvement at Simons Rd. w/Realignment $500,000 50 $250,000 Intersection Improvement at Douglas Rd. $500,000 67 $333,333 Intersection Improvement at Stewart Rd. $750,000 33 $250,000 Intersection Improvement at Johnson Rd. $750,000 10 $75,000 Intersection Improvement at Rte. 126 $1,500,000 67 $1,000,000 Urban 415-Lane Section; Rte. 126 to Grove Rd. $13,000,000 50 $6,500,000 Plattville/Chica o Intersection Improvement at Rte. 47 $500,000 33 $166,667 Intersection Improvement at Ashley Rd. $400,000 75 $300,000 Ridge Road ±20 Intersection Improvements $10,000,000 15 $1,500,000 WIKADUKETr. Bridge Re lacement south ol Rte. 52 $1,500,000 67 $1,000,000 Urban 5-Lane Section; 1-80 to Rte. 126 $30,000,000 33 $10,000,000 Rock Creek Road Transfer to City of Plano before 2009 $0 Sherrill Road Intersection Improvement at Grove Rd. $400,000 75 $300,000 Bridge Re lacement west of O briers Rd. $500,000 100 $500,000 Intersection Improvement at O'brien Rd. $400,000 50 $200,000 2007-2030 ANTICIPATED CAPITAL IMPROVEMENTS Kendall CountyiHighways Highway 2005-2030 Anticipated Capital Improvements Estimated Total Cost Funding Factor(%)1 County Portion Widen & Resurface w/Additional ROW $4,000,000 75 $3,000,000 Townhouse Road Intersection Improvement at U.S. Route 52 $500,000 50 $250,000 Van Emmon Road Intersection Improvement at Rte. 71 $600,000 25 $150,000 Walker Road Intersection Improvement at Rte. 71 w/Realignment $700,000 67 $466,667 Intersection Improvement at Lisbon Rd. $400,000 100 $400,000 Intersection Improvement at Rte. 47 $500,000 25 $125,000 Whitewillow Road Intersection /m rovement at Re. 47 $500,000 25 $125,000 County Hi hwa s Intelligent Transportation Systems Solutions $2,000,000 100 $2,000,000 Totals: $212,000,000 $106,284,166 ROE R7E ROE • T' Ec MN\7�ef.w, E i�ls,r R1— —nmw w.,aE.`sww.. arf JJLL w ! _ COIINSY\p ••••J . IC UN7Y_s �- _ 'E•. ;9: �' ., t .rk ontgome r 7.""._. - - 5 E .:".I . ] �`.'�M•rnr, KENDALL COUNT' 2005 -2030 Transportation Plan ul \♦ - _ rr s.• - ;,---a V, wrvw.co.kendall.il.us .._ I ww a t �.. ] a.'.�F � t . l s •1 •-nsaad i I. 1 � �„ \ 7 �. :.,,/`.• � `Imo• LO 3...,• 'SWb ed." I t CwnrN 3 _aJ. .Iaa: •\ \ 'Rd. SW wx.,u 6,e9rgl / J .� I � � _ - f9�' I ' ara• PJ 1 _______R0. 1 , t',-. Ean,,•� fll ...- ',�"r - -• �-�: .. . � l�- • F t �"!?='�, .� � '� � a, ,l.:c•, „':}. ], •] ♦\ b a r P i3, an w.•v :� __ v.i /Ri•r:. / f J � -rt I as 27 Sandwich euRU ' - �`}r. r+`.L •}��,a'i` l.« [. .Fr 5 - n `.x " wJ \ Z. SJ,rdw Y'• iZ�_ 1 1.vM1'.��i� 1 1 Pd - • � a RO - •..�.- �- '� •1 \ � Stan• w• xra 'w,,'.�-./'l"r` ..w .l ie"°nu•"`" s.wu+ Tom. _ -r.�' :'� 3 I \ Plainflil)d 3 1 r� G tom. ?� 3s II -1'. I Emw�l u,.. RC• `i}. S[' jg s �Lr_ E•.�� .rYi Ra R3,♦ �j �,n�,�° �� ���\l�, P b _•_,� l,,(- 1 ^ w •.os saw,. \ 31�� i - �• {a. j J 1'ork�)lle maa i � �. u_.,g_� � '� R %ae. r+a Rd' �' 1 51•I�Pr] ♦ �4 IF•` ` 1. ' -w.,.a, z•` ......•,., '•!• ��� ,.._ '� a ' _ �: I aax�r -" :.1/ i '.I�I , _-°�_i_. R•. �i,( 8 , 2 3 1 $ _ :IltlnbTndJl i 1 Mess I—~ `� ml lu ' -- _ •x•`ww 1 '.,, •�_ l r &• .. �\ •'V --pia LEGEND __ ."'• a 13 { 7 ,= I Sr InlerSeclbn IMProvemenl Seu�Bw P•.i \ ,l i - SSlsrw _____-____ RA • Bn elm ovemenl ♦ fie/ Or-^-i���' �� �a�C�` , -— .--_•ata � ��_: I - � �-' O�aE� SigMlkanl Roadway Improvement Roadway a1 Y I Wovmenl Count Highway , a;W4r �� RJ:.x i s ,��� --•`' 'wJ. _-- _L- County Highway MalMabed by Adjacent County ._ ° r/ a`-. _ - -`•• r :i♦.-�_. t sa .� �(11tb-,L.� Inlemlale Highway So, a`.. - � ��� ,I6 Si�-1 ]) SL -ZZ 1 ]: ]{ i3 M i! Slate Or Federal Highway l ¢ /,. lltin f _ ^-. i - n a av Sr _- .>i Bauminous Township Road .�0, ___________ Gravel Township Road `•_.. -_. -. 1 1 ----------- Dal Township Road a1. .'Rs_.4 ._ Local Sire g'• Ra]s , sa 131 "•� 1 n` _ r _ } -. e road E 1 s 3 , R -sae r� g 5 / S 3) Joliet _ _ / _ ®. county Llmil \ i ,.. ,urr.,a .. ~ \ R Sedbn Line ,..�-- �• � `_.\ aJ. � '�[, u Seclbn Number `� cis j 1' 3 u--. , a I f '� �..P a Yawn �'--1i & !' 7ownshiv limn 1_._• �- Unincorporated Area �' ! COtinly:; aure.n uqw A ,c) 1, •i\s n- wncr.q.r e \ na. �' - °" ( . ,YOdvllle • Public Safety Cand erjYOrkWNe ) s n_ R,s Rd Counly Highway Building(Yorkville) a�-' `! '" - ♦' - L- — - 1- ✓ .. -_ ®• • County Administration Olrrce(YorkviNe) r oq'"aJ. ` ..•�`J' ,•^sue- ! Orr r 4 7r- Bridge -.N i5 1`!1 „wrtau3.,`,!r� - ,J '�I „a,; ,_ Slate Pad \1 /\ it _ 1 M e -=-i�f3 �l auma._ ( �' - -`` I a�t _ ~!• Ll Park District County Faresl Presarva II , xi"E"1 3• a ___�c -3° ar �_ a a, .. ....w ' ,a x• V a sr °' PRO bco orated Area X r11 _'•lam. r'M )a ( M�1`, RI. �I.:JeO - ' PI. Se I 31 �.i5 Y H o N Ie iw 77 if Ze 2. 3 l 3 1t a }a •,``Se av moRd r i ~ `, _- Klinooks ....i i__ as ,vaxhrra Rd vgx.ww.; •fdS __ ♦ ]\ J ]3 ( 4u 3 m.dl.3 Z• 12 }1 1. ]J 31 37 "°. Ram NI m s` e I 33 H -qD a_sn,e_nl rK f ' awnr aJ FS f fm icoumv rrmw r•°•w ROE uaR w•mw rrw R 7 E �« •ww •'°°a ROE rmw FINANCIAL ANALYSIS OF 2007-2030 TRANSPORTATION PLAN Kendall County Revenues($000's) Expenditures:($000's) Year ,• MFT Bridge Federal Sales Tax Total Capital j j Maintenahce.$, .; Total dq,.,y 2007 1,350 575 360 600 2,885 1,000 1,250 1; .2;250 2008 1,391 900 360 3,750 6,401 4,600 1,313 (:? f 5,91:3 "Fwr 2009 1,432 918 360 ` 3,863 6,573 4,738 1,378 ;,': 16,1;16, .�,i!, 2010 1,475 936 360 3,978 6,750 4,880 1,447 6;327rs 2011 1,519 955 360 4,098 6,932 5,027 1,519 ;'6;546 tF,'±: 6. 2012 1,565 974 400 4,221 7,160 5,177 1,595 J : 67J3l��rj 2013 1,612 994 400 4,347 7,353 5,333 1,675 i; ;;7,008 2014 1,660 1,014 400 4,478 7,552 5,493 1,759 2015 1,710 1,034 400 4,612 7,756 5,657 1,847 2016 1,761 1,054 400 4,750 7,966 5,827 1,939 2017 1,814 1,076 400 4,893 8,183 6,002 2,036 l M 8:038, 2018 1,869 1,097 450 5,040 8,455 6,182 2,138 ;.13;320 5j+ 2019 1,925 1,119 450 5,191 8,685 6,367 2,245 :::, ,8:61 Zi 2020 1,983 1,141 450 5,347 8,921 6,559 2,357 !8,91;6 h r 2021 2,042 1,164 450 5,507 9,163 6,755 2,475 ,9,230„ t4 2022 2,103 1,188 450 5,672 9,413 6,958 2,599 2023 2,166 1,211 450 51842 9,670 7,167 2,729 2024 2,231 1,236 500 6,018 9,985 7,382 2,865 10 247"',r ;s 2025 2,298 1,260 500 6,198 10,257 7,603 3,008 ;.r 10;61'1 2026 2,367 1,285 500 6,384 10,537 7,831 3,159 'j',10"990�M 2027 2,438 1,311 500 6,576 10,825 8,066 3,317 i Y1,1'383AA 2028 2,511 1,337 500 6,773 11,122 8,308 3,482 2029 2,587 1,364 500 6,976 11,427 8,557 3,657 d? 12;2,14 ) 2030 2,664 1,391 500 7,185 11,741 8,814 3,839 Totals: IL 46,476 1 F2_6,535 10,400 122,298 205,710 150,283 55,627 205,911 -201 t$106,000,000 of Capital Improvement Costs are averaged over 23 years using 2007 dollars, and then a 3% rate of inflation is applied. $Maintenance costs begin at$1,250,000 and increase at rate of 5%, reflecting historical increases in maintenance costs that are consistently higher that the rate of inflation and considering additional mileage to the County Highway System. No operational costs for the Kendall County Highway Department are included in this Exhibit(see page 5). .r. t� v PROJECTED FUTURE TRAFFIC Kendall County Highways County Highway I.D.O.T. Highway Length 2006 ADT 2030 ADT Key Route No. (Miles) Loc-A FLoc B Loc A Loc B CalizionbalL:rraij. -2 x:46-. 1,15 624.:j ou� F, 0- ,t�, - - Farm Road 300 23 4.25 1,950 5,000 6,000 in 1 4.00 2,750 1 4,750 7,000 15,000 Chicano u12B 7 17,7 Eldamain Road 4000 7 1.25 2,700 1 3,700 10,006 1 17,000 3.53 7,850 4,550 15,000 15,000 1 3 `--1,000- -,,5.00.-,� -'R 00.��, ji IFox River Drive 276 1 6.00 1,700 2,450 T7667 7 .. .. 3 ;200-- -,,4 650. jFax River-Drive--a-8 000 IFox Road 277 1 1 4.85 3,650 2,400 9,000 1 10,000 - - 4 177 -8 7 J -000, Galpfia`j -RaAdo -,,� 6 60 x W� E. .7.17 0QQ'- 00- 5;7. 0 -1 ----11,8 lGranart Road 168 0.08 1 6,700 1 1 16,000 Grove Road(Noith)'_ 284 :2507 16 =5:26 I 8,bTo7 -000- .12,3 000,-: 00,, Grove Road (South) 1259 2 7.00 500 1,550 2,500 5,500 3.10_ 1,850 1,700 7,500 8,000 1 Joliet Road -281 00," 1 :2;100 ;000. -4,500 l ILisbon Road 282 1 5 1 1.50 1,050 1,000 3,000 3,000 -12 11,0 A68/6475/1256 ] Little Rock Road 1AO.� :--43WRL 5000-- -62 OV� --�,20 - 400- 2,0 4 IMillbrook Road 1263 14 2.02 1 1,950 2,500 1 4,000 5,000 IMill 41�dn,---Mid, 1 ,�=.,. .- 7 17 :72 sT 2;100.- L 50, INewark Road 279 4 1 7.18 900 1 2,700 1 Orchard Road,. --2-44000: 0 :3792, 3- ';:3Q,000;- -:40,000_;-1 PlaintieId Road 1258 22 3.78 8,550 1 5,400 15,000 10,000 3.00 1 6,500 1 12,100 13,000 25,000 �8 JP�Iattvflle:Road..". .100 9 Ridge Road 285 11 3.50 10,350 1 9,200 25,000 20,000 3.50 7,500 8,100 17,000 19,000 3.02 8,850 7,700 20,000 21,000 ISheridan Road 1 1271 0.16 1,350 3,000 ISher tiUR t -590�- 1:�.tj A.,, ; I ITownhouse Road 1 1255 6 3.98 250 800 F,0-0-0--F-2,500 1V4il--- -.86- [2 ..aw-Emrr1oriRoadF, 80;-gi lWalker Road 1260 1 17 1 5.52 1 1,350 1 1,300 1 4,000 1 6,000 I 7 -0 x-2,000 =:= Exhibit 8 DESIGN STANDARDS / GEOMETRIC FEATURES Kendall County Highways Design Standards for Kendall County Highways and Bridges shall include, but are not limited to, the following publications: • Bureau of Design and Environment Manual Illinois Department of Transportation (IDOT) • Bureau of Local Roads and Streets Manual Illinois Department of Transportation ( DOT) • A Policy on Geometric Design of Highways and Streets American Association of State Highway and Transportation Officials (AASHTO) • Manual on Uniform Traffic Control Devices for Streets and Highways U.S. Department of Transportation, Federal Highway Administration (FHWA) Exhibits 9a—9e provide examples of the geometric features associated with different levels of traffic and different classifications of highways. Exhibit 9 i 5 i BUREAU OF LOCAL ROADS & STREETS 31-1 f y_! C. ;' _a =CTI;0N EL E',�v ENTS Jan x ii k �ua iA »r E F L ft1 N J tl rX W- 2 CT 0 11 a— b `s E �? LP 1 4.. J 4W. to 1 S eia 0 Travel lanes are typically 12' wide. • Shoulder widths vary from S' to 10' • Ditch slopes and right-of-way limits are variable • This section is applicable for rural highways with AADT<_ 15,000 Exhibit 9a . . • . H �o C) a 1 t.. p vCDi CD n bd l„ < � r{kyOic-a*-way itktica �e CD CL O N 3( '#.d ►MGY llwdar (y G CL N O 1I 77 !n X03, f Ts101iMt�► —' ZA flaffor"a m ctowl [A** slain � m � Ptasta Ccodarim. Hiffor.Arta ' y H IA 0 TYPICAL CROSS SECTJON VOR URBAN STAE-E,TS cu Mw-Lanes W011ioul:Parking) u� FJqutcs,3'1-'1 B tT' ►r. �D i i i3U REA U OF L4:kti.AL ROADS & ST:REE 9 3r,i 2055 C:RM3 1E-k7I0N. LEVENTu 31- Li k L �. J_ r P n. .2! �. x P x • Travel lanes are typically 12' to 14' wide. • Two-way left turn lanes (TWLTL) vary from 12' to 14' • CC&G for urban sections or paved shoulders for rural sections are typical • This section is applicable for rural and urban highways with AADT<20,000 Exhibit 9d r E,URE-42 U OF LOCAL ROADS & STREETS iFGSZ DEC-7.10N ELEMENTS molar, 2-Cz_E s r 4, t 4 Oh a n :5 m • Travel lanes are typically 12' to 14' wide • Median width varies from 18' to 30' • CC& G is typically B-6.24. Sidewalk locations vary • Right-of-way limits vary from 100' to 150' • This section is applicable for urban or suburban highways with AADT<_ 30,000 Exhibit 9e w�9P�4 ®OG fl als ` KENDALL COUNTY HIGHWAY DEPARTMENT flU.Ns 5-YEAR SURFACE TRANSPORTATION PROGRAM y STATUS REPORT-January 1, 2007 DEVN Fox River Drive Land Acquisition FRD at B g Rock Creek $50,000 FAM 07 Negotiating Fox River Drive Bridge Replacement Big Rock Creek Bride $1,900,000 Various w/MBP 07 Spring Letting Ridge Road Land Acquisition I-80 to Mid-Point Road $40,000 FAM 07 Negotiating Ridge Road Concrete Pavement 1-80 to Mid-Point Road $1,400,000 $550k MFT 07 Under Contract Plainfield Road Intersection Imp. Plainfield Road at Stewart Read $300,000 MFT 07 Pending Plainfield Road Intersection Imp. Plainfield Road at III. Rte. 126 $150,000 MFT 07 Spring Letting Eldamain Road Concrete Pavement Cummins Dr. to U.S. Rte. 34 $1,000,000 $500k ST 07 Pending Eldamain Road Engineering Menards to Galena Road' $400,000 FAM 07 Pending Eldamain Road Engineering III. Rte. 71 to U.S. Route 34 w/Bride $750,000 $150k Co. Br. 07 In Progress Orchard Road Engineering BNRR Overpass Widening $150,000 ST 07 Pending Whitewillow Road Resurfacing I11. Rte. 47 to Grove Road $400,000 MFT 07 Spring Letting Plattville/Chicago Resurfacing M. Rte. 47 to Grove Road $200,000 MFT 07 Spring Letting Millington Road Resurfacing Rogers Road to Lions Road $75,000 MFT 07 Spring Letting Fox River Drive Resurfacing State Park to Fox River $150,000 MFT 07 Spring Letting Newark Road Resurfacing III. Rte. 71 to III. Rte. 47 $150,000 MFT 07 Spring Letting Helmar Road Bridge Replacement West of III. Rte. 47 $125,000 TBP 07 Spring Letting Orchard Road Bridge Widening BNRR Overpass Widening $2,000,000 Co. Br. &ST 08 Orchard Road Engineering U.S. Route 34 to Tuscany Trail $500,000 ST 08 Orchard Road Engineering At Galena Road (East Leg) $50,000 ST 08 X Ridge Road Engineering Wheeler Road to III. Rte. 126 $400,000 ST 08 Eldamain Road Engineering Ill. Rte. 71 to U.S. Route 34 w/Bridge $1,000,000 $200k Co. Br. 08 Grove Road Engineering Reservation Road to Plainfield Road $500,000 ST 08 ® Cannonball Trail Engineering Unincorporated Bristol $200,000 ST 08 fi�t_�1r7:1'�`'c.u' /'P i�ti r'2arti. Purr 2 q ibt 13 :r ' .9 Ridge Road Signalization At Caton Farm Road $200,000 ST 08 Fox River Drive Intersection Imp. At Millhurst and River Roads $500,000 MFT 08 Eldamain Road Land Acquisition Menards to Galena Road $750,000 ST 08 Caton Farm Road Resurfacing Ill. Rte. 47 to Arbeiter Road $1,000,000 $200k MFT 08 Fox Road Resurfacing Pavillion Road to Poplar Dr. $150,000 MFT 08 Walker Road Resurfacing 111. Rte. 71 to III. Rte.47 $7.50,000 MFT 08 Van Emmon Road Engineering At III. Rte. 71 $100,000 ST 09 Eldamain Road Engineering Ill. Rte. 71 to U.S. Route 34 w/Bridge $500,000 $100 Co. Br. 09 Eldamain Road Land Ac uisition 111. Rte. 71 to U.S. Route 34 w/Bridge $2,000,000 $400k Co. Br. 09 Ridge Road Land Acquisition Wheeler Road to 111. Rte. 126 $1,100,000 ST 09 Grove Road Land Acquisition Reservation Road to Plainfield Road $200,000 ST 09 Cannonball Trail Land Acquisition Unincorporated Bristol $100,000 ST 09 Eldamain Road New Pavement Menards to Galena Road $5,000,000 ??? 09 Orchard Road Pavement Widening U.S. Route 34 to Tuscany Trail $4,000,000 2.5 ST/ 1.5 MFT 09 Orchard Road Intersection Imp. At Galena Road(East Leg) $200,000 ST 09 Bridge Replacement To Be Named $200,000 TBP 09 Eldamain Road Engineering At Galena Road (Signalization) $50,000 ST 10 Galena Road Engineering At Willowbrook (3-lane section) $150,000 ST 10 Cannonball Trail Urban Section Unincorporated Bristol $1,500,000 Fed./$600k ST 10 Ridge Road New Pavement Wheeler Road to 111. Rte. 126 $3,500,000 ST 10 Van Emmon Road Intersection Imp. At Ill. Rte. 71 $1,000,000 $300k MFT 10 Caton Farm Road Bridge Replacement East of Schlap Road $2,000,000 $1.5 mil Co. Br. 10 River Road Bridge Replacement At Blackberry Creel: $1,000,000 BRP 10 Joliet Road Resurfacing Lisbon Road to 111. Rte.47 $300,000 MFT 10 Galena Road Resurfacing Rock Creek Rd. to 111. Rte. 47 $400,000 MFT 10 O Townhouse Road Resurfacing U.S. Route 52 to Newark $450,000 MFT 10 Pug Fox River Drive Engineering At III. Rte. 71 (Village of Newark) $300,000 ST 1 1 Grove Road Engineering/Land Ac. At III. Rte. 126(Consolidate Int.) $250,000 ST 1 1 Grove Road Urban Section Plainfield Road to Reservation Road $3,000,000 ST/Impact 1 1 Galena Road Urban Section At Willowbrook(3-lane section) $1,000,000 ST 11 Grove Road New Alignment At Ill. Rte. 126(Consolidate Int.) $1,300,000 $1 mil MFT I 1 Resurfacing Various Roadways $500,000 MFT 11 Bridge Replacement To Be Named $200,000 TBP I 1 5-Year Total: $45,540,000 Cr ♦,��D Co. Reviewed By: J� A 0 Legal r-1 City Council Esr. , 1836 Finance ❑ Engineer ❑ -� n City Administrator ❑ Agenda Item Tracking Number 0� Consultant ❑ ��ADO '7-�� <LE ❑ City Council Agenda Item Summary Memo Title: Automatic door opener pricing for Beecher Center and City hall City Council/COW/Committee Agenda Date: January 16, 2007 COW Synopsis: Price quote to install automatic door openers at the Beecher Center and City Hall. Funds contingent to mid year budget adjustment. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval after mid year adjustment of the budget Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville Memo Public Works Department aT 1 1836 800 Game Farm Road Yorkville, Illinois 60560 9 .1CMISM �O Telephone: 630-553-4370 �LE` Fax: 630-553-4377 Date: January 8, 2007 To: Art Prochaska, Mayor From: Eric Dhuse, Director of Public Works CC: Susan Mika, Finance Director Subject: Automatic Door Openers Art, Per your request, I have obtained a quote for installing automatic door openers on the Southwest entrance to the Beecher Center and the Front door of City Hall. The costs are as follows: Beecher Center- $3477.00 (2 doors) City Hall - $1941.00 TOTAL - $5418.00 Since these are not currently budgeted items, I would ask that these purchases be considered after the mid-year adjustment to the budget. The costs are to install the openers only. We would still have to provide power to the openers which we would do in house. If you have any questions or concerns,please let me know. I would ask that this be placed on the January 16, 2007 COW agenda under the Public Works report for discussion. 12/19/06 TUE 09:48 FAX 630 406 1456 TEE JAY SERVICE COMPANY 2002 TEE JAY SERVICE COWAN QOOTATION Y, ANC, , 951 NORTH RADDANT ROAD pA, BOg 369 63p "10 9 5 9 3 3 BATAVIA, II�NOTS 60510.0369 Na �b90� 406-O ALL PROPOSALS AND QUOTATIONS ARE SUBJECT TO OUR TERMS AND CONDITIONS CUSTOMER JOB NAME YORKVZLLE PARK DISTRICT JOB PARK DISTRICT 800 GAME FARM ROAD BEECHER COMMUNITY CENTER YORKVILLE, IL 60560 908 GAME FARM ROAD YORKVILLE, IL 60560 ATTN: ERIC DHUSE PHONE- (630) 553-4370 X- FAX- (630) 553-4377 MATERIAL SUPPLIED: 1 EACH HORTON 400OLE SL SERIES, SURFACE MOUNTED, SINGLE, DB FINISH 1 EACH HORTON 7000 SERIES, SURFACE MOUNTED, SINGLE, DH FINISH 2 EACH SWITCH, PRESS JAMB W/ HANDICAP SYMBOL AND PUSH TO OPEN 2 EACH SWITCH, JAMB SURFACE BOX 2 RACH SWITCH, PRESS WATT, (##4 S.S. W/ENGRAVED HANDICAP SYMBOL) 2 EACH SWITCH, PRESS WALL SURFACE BOX BLACK FINISH INCLUDED WITH OUR QUOTATION COMPLETE INSTALLATION OF THE ABOVE EQUIPMENT, COMPLETE WORKING DRAWINGS, FINAL HOOK-UP, ADJUSTMENT'S FOR PROPER OPERATION. WORK NOT INCLUDED BY TEE JAY 120V TO UNIT(S) , LOW VOLTAGE WIRING TO ACTIVATION DEVICE (S) , STRUCTURAL SUPPORT, ROUGH OPENINGS, DOOR(S) , FRAMES (S) AND HARDWARE. We hereby propose to tarnish labor and materials, complete in AU material is accordance with the abore speedimtio K `aaranteed to be as k to be for the sum of � In a wore manner Ao alteration or deviation from the shore spWitic&U= inr ft exL oasts, will be executed only upon written orders and TO! be- $3,477.00 come an extra char° over and above the estimate. TAE SAY SEa�ICE (TAX NOT INCLUDED) Mew' INC. is : for acts of Go4 amidens or delays beyond our control. Owaer s to carry tornado, other with payment to be made as fonowx necessary %wa ft Our workers an fully covered by ■erl®en's W 90 DAY3 FOR 111TEEK DIO,IVliRND AND/OR LABOR PBRFORlm Compensation hmmoe, All new egWpment melWm one 1.6% MVICE Cl=1 t(ONMT (in ANNUAL) ON AtV01CF.5 �mty on and labor from the date of iustalletioa�>tarranty NOT PAID l 30 DAYS, > 's will be 7 p0am - 9:96pm, Monday Un Friday. The owner is The above prices, specifications and conditions are hereby accepted. for obtiaiuW and payment of able permits, Purchaser adraes to pay Tee Jay Service Cam mopce ions aad notices, Of collCCtiilg the am t you o� a via pony, IBC. for all costs EstigiatIrd delivery i, 3 weeks frgm zpproved drawings, Liug ft apement These oasts will include reasonable attelaey tees and costa incurred for PROPOSAL FROM TEE JAY SERVICE Cog purchasers failure to comply with these terms. 12 9 2YI oI6NC, DATE DATE ACCEPTED BY BY BRYAN D. PT CEERT FWI)O 05-00 Thin quotation to ezpire within 30 days it not extended. 12/19/06 TUE 09:48 FAX 630 406 1456 TEE JAY SERVICE COMPANY U003 TEE NC� JAY SERVICE COWANY I MAW Nv� 951 NORM RADDMT �pAD P,O, Bpg 369 i�oNF, 63o ao6�1406 95935 BATAYIA, iN01S 60510,0869 FAJ� 6303 406-1456 ALL PROPOSALS AND QUOTATIONS ARE SUBJECT TO OUR TERMS AND COIV MONS CUSTOMER JOB NAME YORKVTLLE PARK DISTRICT YORKVILLE CITY HALL/POLICE STATION 800 GAME FARM ROAD 800 GAME HUNT ROAD YORKVILL2, IL 60560 YORKVILLE, IL 60560 ATTN: ERIC DHUSE PHONE- (630) 553-4370 X- FAX- (630) 553-4377 MATERIAL SUPPLIED: I EACH HORTON 400OLE SL SERIES, SURFACE MOUNTED, SINGLE, CL FINISH I EACH SWITCH, PRESS JAMB W/ HANDICAP SYMBOL AND PUSH TO OPEN 1 EACH SWITCH, JAMB SURFACE BOX 1 EACH SWITCH, PRESS WALL ($#4 S.S . W/ENGRAVED HANDICAP SYMBOL) 1 EACH SWITCH, PRESS WALL SURFACE BOX BLACK FINISH INCLUDED WITH OUR QtTOTATION COMPLETE INSTALLATION OF THE ABOVE EQUIPMENT, COMPLETR WORKING DRAWINGS, FINAL HOOK-UP, ADJUSTMENTS FOR PROPER OPERATION. WORK NOT INCLUDED BY TEE JAY 120V TO UNIT (S) , LOW 'VOLTAGE WIRING TO ACTIVATION DEVICE (S) , STRUCTURAL SUPPORT, ROUGH OPENINGS, DOOR(S.) , PP-MESS) AND HARDWARE. We hereby propose to furnish labor and materials, complete m All material is accordance wit the above specifloationa, guaranteed to be as All work to be for the sum et; completed in a worl®ea1b manner aoo�standard pracUm An) alteration or deviatim from the above speefttione Involving extra costa, vM be enmU d only neon written orders and will be come an extra charge over ad above the estimate. To JAY S!lRM (TAX NOT INCLUDED) CONPANT, 'NC is not liable for acts of God, strikes, seedents or delays beyond om oontroL Owner's to carry Ore, tornado, A other with Payment to be made as follows; necessary insarance, Our workers are fully covered by Torkman'a NE 90 DAYS FOR HATEM D®.IFW AND/Olt LABOR PMRM Co�nsa� Insm'em Ali new egaipmeat ineludea one year 1.6N SEMCE CHWE NONMY (18% ANNUAL) ON 1NYOj= warranty on parts and labor f m the date of installation. llarranty NOT PAM TM 30 DAYS. Lours will be 7:OOam - �3�, Monday thru Friday. The owner is The above Prim, apeciGcationa end conditions are hereby accepted, reg=dble for obtaining and payment of applicable permits,, Pmvhm A rnaa Serval company, gice inspections and notices. Of 060ed �h_am t you y �r� `his agreement. all COaw Estimated delivery is 3 weeks from approved drawing:. �f WY etin� 1�C you aMe under this agreement. TLe� coats TM include reasonable attorney tees and costa Incurred for PROPOSAL FROM TEE JAY SERVICE CO PA Y INC. Purchaser's failure to comply with these terms DATE 12/19 2 d 0 6 DATE ACCEPTED BY BY BRYAN D. PICKERT r5- FQBi-9Q�PD0 OQ This quotation to expire within 90 days if not extended. 12/19/06 TUE 09:49 FAX 630 406 1456 TEE JAY SERVICE COMPANY IM004 Series 4000 LE the Lo - w Energy* Extra Leavy-Dut y Operator erator For Extra Large or High Traffic Barrier-Free Swing Doors Operator Advantages • Low-Energy Automatic Swing Door Operator • Automatic/Manual • Barrier-Free Entry • Complies with ANSI A117, *ANSI A156.19 and Americans With Disabilities Act of 1990 • Requires No Structural Changes • Installs Easily Operator Features • Extra heavy-duty motor and gear train :r • Durable,adjustable force Ouadra-coil Spring • Adjustable Slow Opening/Slow Closing Speed r: �- • Adjustable Time-Delay • Pushbutton Actuation • Push-N-Go"-Optional Power Assist Open Safety Features -�---• Time-Out-Turns Off Operator if door is stopped when opening and returns to closed r • SoffTouch`"- Reopens door if it is stopped during closing cycle (Optional) • Safety Scan Sensors-Door mounted,reduces contact with door (Optional') T ExtraHeavy-Duty Series 40001,E is an automatic/manual 2. Push-N-Go'_Automatic operation by either pushing the swing door operator that creates a barrier-free opening for door open manually or bypushbutton switch.The time-delay the physically disabled. It may be installed on an existing before closing when manuall y pushed is approximately 300 swingdoor.This low-energy, p enin K swin g door less than when operatorispushbutton actuated.(Notavailable has an adjustable time-delay to ho d door in the open position with door mounted safety scan sensors) (variable 2-30 seconds).Note:Hai kdicap codes require a five Feature Information second minimum time-delay setl ing. The Series 4000 LE operator meets ANSI A156.19 rec.uirements when adjusted Push-N-Go'"makes the door easy to operate for everyone. in accordance with the standard. Simply pushing on the door activates the operator.The door opens at the set speed and then closes. Two methods of activating the ut��matic operator to open the door are available, The cont�•ol box has a switch that obstruction stops the operator's automatic mode when an enables the owner to select the desired operation. is met during the open cycle; then the door goes activated b Y. Automatic operation when activated the manual cycle and returns to closed. y pushbutton SoftTouch`reverses the door to the open position if it is switch, manual operation whet:door is pushed open. stopped during closing.(Optional) The most common actuating de)ice•is a pushbutton switch Door mounted safety scan sensor that reduces door contact that can be located on the adjacent door jamb. When in the opening or closing mode(Optional). "Time-Out"is not Pushbutton actuated,the door aut-)matically opens and then available if safety scan sensor option is used. closes after time-delay expiration. The general public can This low-energy operator concept can lower installation also use the door as a manual doc r- effectively c� serving costs as much as 50%because one door can serve both ingress energy, and egress traffic. ANSI A156.19 defines Low-Energ operators' Horton Automatics 12/19/06 TUE 09:49 FAX 630 406 1456 TEE JAY SERVICE COMPANY 005 Specifications The Push-N-Go time-delay shall be 30% Series 4000 LE less than pushbutton time-delay. Contfi0ls Electric Operator opening and closing speeds of the Actuating switches are required on the operator shall be adjustable(from 4 to 6 interior and exterior of the door opening The operator shall be an extra seconds)to comply with ANSI A156.19. to actuate the operator unless push-N-Go heavy-duty, low-energy, self-contained, Time-delay before closing is 2 to 30 is to be used for actuation. See drawing electromechanical design. It shall be seconds. below for actuator locations. Powered open with a DC motor workin Optional wireless transmitters that g Opening and.closing force, measured eliminate the need to route control wires through reduction gears.Closing shall be 1"(25.4)in from the lock stile of the door, from theswitch to the operatorareauailable. by spring force.The motor i s to be off whe,l not to exceed 15 pounds of force to stop the the door is in the closing mode. The door door when operating in either direction. can be manually operated with power on The operator shall be mounted and or off without damage to the operator. concealed in a clear anodized extruded The control shall be furnished with a aluminum cover not less than .125" (3) selector switch that provides for tw•) thickness. Cover shall be 6" x 6" (152.4 x methods of actuating the automatic door. 152.4)and at least the width of the door. The selector switch enables the owner t�) Option:Auailableindarkbronzeanodized. select the desired operation and adapt t.) Series 4000 LE(Low-Energy)Operator changing conditions. Auto`1W t anuid t.Automatic Automatic operation when actuated by pushbutton switch; manual operation Automatic operation is by either when pushed open. pushing the door manually to engagrt C1315-2 C1260-4 Push Push-N-Gore or by a pushbutton switch. Millimeters are indicated in(► Pushbutton Switch Plate Switch Installation & Details a.(t52.41 optional 37•(et3)Mln. 24'leto)Aen InterlotSWiloh �tt 52.4) Locatki — Series 1 4000 LE allies operates 4000 Le m �— Operator I _ :5(ce4) _ M n. Alternate switch location it side 3M•(19) room is riot \ 3M•(10) Plan ava+labia View d, xJ Two toot side ❑ y "7 P11111 j/I approach s a requireme•it when a switch is mounted adiaoent r t the door PARAL EL ARM(optional) INSWINGMNIsnndsM) Standard e•ta2w) r(tstt.4) Continuous Aluminum Cover F Series 4000 LE v aeries Operator 40Do Le I C1315-2 operator Pushbutton li i 6 Switch I L t —C irr(127) J � r(tots) Options ' Elevation ❑ C-1260.4 wall (interior View Mounted Push ' Plate Switch Note:Parallel arm a pp"lion is for Installations with no side OUTSWING ARM OVERHEADOONCEALED room clearance or an I tswing condition with breakout capability Millimeters ere indicated in() Horton Automatics Horton Automatics, Ltd. 4 4242 Baldwin Blvd.,Corpus Christi,TX 78405-3399 Unit A,Hortonwood 31 512-888-5591 Telford,Shropshire Toil Free in North America:1-800-531.3111 England TF1-4GS Fax:l-512-888-6510 ( -44)952-670169 Fax Toll Free in Nortli America: 1-800-531-3108 Fax:( -44)952-670181 Form 851D LE,Printed 3/85 01967 Horton Automatics,Printed in USA,Horton Automatics reserves the right to improve the product and change its specifications without notice. Reviewed By: Legal ❑ City Council Finance El Esr. 1 18M Engineer ❑ y City Administrator El A enda Item Tracking Number Consultant El Pof OOP 03 2 <LE ❑ City Council Agenda Item Summary Memo Title: Wheel loader purchase City Council/COW/Committee Agenda Date: January 16th COW Synopsis: Seeking permission to obtain bids to purchase a new wheel loader. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Cip J� O� United City of Yorkville Memo Public Works Department MT 1 -., tees 800 Game Farm Road Yorkville, Illinois 60560 Sw O Telephone: 630-553-4370 <LE ��,�`�' Fax: 630-553-4377 Date: January 8, 2007 To: Joe Besco, Chairman r From: Eric Dhuse, Director of Public Works CC: Mayor and City Council Subject: Wheel Loader Purchase Joe, I would like permission to obtain bids for a new wheel loader. This is a budgeted item in the public works capital portion of the current budget. I will bring back the results to the council at a future meeting for approval of the purchase. If you have any questions or concerns,please let me know. I would ask that this be placed on the January 16, 2007 COW agenda under the Public Works report for consideration. Reviewed By: Legal ❑ City Council 1836 Finance EST �.� `/q�o� Engineer 7 genda Item Trackin Number y City Administrator ❑ UJ �D 07-0 �O Consultant ❑ 'LE City Council Agenda Item Summary Memo Title: FPA Expansion Agreement—Dickson, Sleezer, &Lindholm Properties City Council/Committee of the Whole Date: January 9, 2007 Committee of the Whole Synopsis: These property owners have requested to be added to the YBSD Facility Planning Area. This engineering work would be funded by the property owners. 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: ,�e.o Cl;,.o United City of Yorkville Memo 800 Game Farm Road EST. - 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LLE Date: January 9, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer U CC: Travis Miller, Community Deve opment Director Lisa Pickering, Deputy City Clerk Subject: FPA Expansion Agreement—Dickson, Sleezer, & Lindholm Properties Attached find one copy a proposal from Walter E. Deuchler Associates to prepare and submit FPA expansion requests to the Illinois EPA for the referenced properties. These properties previously were referred to as the Hallmark development. The properties have frontage on High Point Road and Walker Road, and are located between Lisbon Road and Immanuel Road. The proposal is in the amount of$15,750. This work would be funded by the city with deposits received from the property owners.We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. DICKSON Q HASENBALG AttomeysatLaw December 29, 2006 Mr. Art Prochaska, Mayor Mr. Travis Miller, Community Development Director Mr. John Crois, City Administrator and Yorkville City Council United City of Yorkville 800 Gam Farm Road Yorkville, IL 60560 I Mr. Ralph E. Pfister, Executive Director and District Trustees I Yorkville - Bristol Sanitary District P. O. Box 27 Yorkville, IL 60560 Dear Ladies and Gentlemen: I am one of three owners in an assemblage of property lying south of Yorkville. The other owners are Floyd and Carol Lindholm (in trust)and Seth Sleezer V. The assemblage owners had at one time made a contract with an entity known as Northern Illinois Farms,and they presented a project for development under the name of Hallmark. You may recall the presentation made by the Hallmark people but, in any event, that contract has terminated. We are in the process of again entering into a contract with developers. Our properties are not now a part of any Facilities Planning District. The purpose of my writing is to urge that these properties be included in the facilities plan for extension of utilities to the south of the current corporate limits of the City of Yorkville and the Yorkville - Bristol Sanitary District. We would like to be a part of any planning as it relates to an extension of the corporate limits and facilities planning the city or sanitary district. I I would like the opportunity to discuss this with you if there is any question about our intention or the scope of the matter. Thank you. I Sincerely, I Fred.H. Dickson FHD/pd cc: Floyd and Carol Lindholm Seth Sleezer V 2000 W. Galena Blvd. • Suite 305 Aurora, IL 60506 Phone: 630.859.3300 Fax: 630.859.3375 I ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD DICKSON, SLEEZER AND LINDHOLM PROPERTIES UNITED CITY OF YORKVILLE 2007 This Agreement is made and entered into this day of , 2007, by and between Walter E.Deuchler Associates,Inc.whose address is 230 S.Woodlawn Avenue,Aurora,IL 60506,hereinafter called the"Engineer", and the United City of Yorkville,Kendall County,Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now, therefore, the Owner and Engineer, in consideration of their mutual covenants, herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YBSD)intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the south side of the existing FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. 1.2 The Engineer will prepare on behalf of YBSD the application for an FPA Amendment. The Owner is aware that the application upon submittal to the IEPA, may be rejected and in no circumstance shall the Engineer be held responsible for the application denial. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd -2- 2.3 To prepare an Application to the Illinois Environmental Protection Agency(IEPA)for a Water Quality Management Plan Amendment which will consist of the following: — Summary and need of the requested amendment — Geophysical information — Current FPA status — Population and household forecast — Area land uses — Wastewater treatment loadings — Alternative wastewater treatment — Cost effectiveness of wastewater alternatives — Wastewater services costs — Per household user costs — Environmental characteristics of the amended area — Stormwater Management — Soil Erosion and Sediment Control — Floodplain Management — Stream and wetland protection — Legal Description of the amended area 2.4 To send, by certified mail, copies of the application for an FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment,available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer,for those services described in Section 2 a lump sum amount of$15,750 paid in the amount of 75%at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2007 Fee Schedule for the 2007 calendar year or the current schedule in effect after calendar year 2007. G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5%per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising,and to indemnify,defend,and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(3 0)days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause,Engineer,in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses (not to exceed a total of$1000.00), directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall puy to Engineer tthc cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured, with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend, indemnify, and hold harmless the Engineer, its employees and consultants, from and against claims, damages, losses, costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any - control over any construction contractor or otlicr entity or their crnployces in connection with. their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees,to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees,agents and subconsultants from and against all damage,liability or cost,including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal,invalid,or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer,one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement, the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above,the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications,partial and completed estimates and data, with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid€or-any-services com.pletcd and any services partially completed in accordance: with Section 3.- 4.3 That the Engineer warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement,and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against the Engineer and not against such director, officer or employee. G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd -6- 4.5 That the Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other parry of this Agreement and to the partners,successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement;except as above,neither the Owner nor the Engineer shall assign,sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others; however, the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage, injury, cost or expense, including attorney fe ai•�sing our ofr�ginecr's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions.Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction costs will not vary from opinions of probable cost prepared by Engineer. G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd -7- IN WITNESS WHEREOF,the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2007. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: BY BY Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 By Title: Presi ent G:\CONTR\YBSD-FPA AMEND\DICKSON-SLEEZER-LINDHOLM.wpd 1 OPG L GION RD. - O 7 _ I I 2 -_I I EXISTING F P.A. — — I— Hic T l / BOUNDARY — N / F_ - - - -�- -i 19 PROPOSED F.P.A. AMENDMENT AREA I- - - - - LI — L � \ xS,6/e Creek - - - I I o I J 1 I I I WALKER RD WALKER RD. I FUTURE F.P.A. BOUNDARY I I I I I � - - -I- - - - - - - - -II- - - i � —I- 1 — - - -T - - - - - - 1 1 I I I L - - a r— WALTER E. DEUCHLER ASSOCIATES, INC. SHEET 1 of 1 x IXVISIONS YORKVILLE—BRISTOL SANITARY DISTRICT DISTRICT A c SIGNED PFM APPROVED PFM BOOK XXX JOB NUMBER EXHIBIT DRAWN JES DATE 1/3/07 SCALE 1"=2000' 788/07002-00 FACILITY PLANNING AREA AMENDMENT Cip Reviewed By: J 00 Legal ❑ City Council 1836 Finance ❑ Engineer 110-1 0 g City Administrator Agenda Item Tracking Number 9 K �D Consultant ❑ o?OD?-06 LE City Council Agenda Item Summary Memo Title: Pre-Qualification Process for Well#10 and Well#10 Water Treatment Plant City Council/Committee of the Whole Date: January 16,2007 Committee of the Whole Synopsis: Request committee concurrence to use the pre-qualification process for bidding of these two projects. 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: "e.vlr o United City of Yorkville Memo 800 Game Farm Road ESE 1 sas Yorkville, Illinois 60560 Telephone: 630-553-8545 09 C-1 p Fax: 630-553-3436 'LE Date: January 8,2007 To: John Crois,Interim City Administrator\ From: Joe Wywrot, City Engineer v CC: Lisa Pickering,Deputy City Cler Subject: Pre-Qualification Process for Well#10 and Well#10 Water Treatment Plant Attached find a letter from EEI proposing that we use a pre-qualification process to control the bidding for the two projects referenced above. Both projects require highly specialized contractors, and bidding without use of this process could result in an unqualified or less qualified firm being the low bidder. In the recent past most of our waterworks projects have been constructed without the pre-qualification process,but we did have difficulty with a contractor on one project, and that has prompted us to put this question before the City Council. The City Council has established a policy regarding Qualification Based Selection. While I believe that policy was primarily intended to apply towards professional services like consultants, it could also conceivably be applied towards construction of these waterworks projects. We went through a pre-qualification process about one year ago for our SCADA contract, and it worked out well. Attached find the proposed questionnaire that would used in the pre-qualification process. Please note that while this process would limit the number of contractors allowed to bid the work, any contractor could request pre-qualification. We anticipate that several contractors would become pre-qualified,thus ensuring competitive bids for these projects. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. 62 Wheeler Road•Sugar Grove, IL 60584 TEL.•690/466 MM Oiv FA70 690/466.9980 www.00iwob.com January 5, 2007 E?.ngineaaring Enterpriacs, Inc. Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bidding Process for Contract F 9- Well No. 10 and Contract A2- Well No. 10 Water Treatment Plant Dear Joe: As you know, the southwest infrastructure projects, which are currently working through the design process, will provide Water Works System and Transportation System improvements for the five (5) southwest developments (Silver Fox, Evergreen Farm Estates, Aspen Ridge Estates, Chally Farm and York Wood Estates). Given the fact that these subdivisions will require all of the Water Works System improvements to provide an appropriate level of water service to their proposed residential housing units, the project schedules are critical. We are happy to report that the designs for the improvements are progressing nicely, and we remain optimistic that the appropriate permits and easements will be received to meet the scheduled bidding dates. As the City has witnessed in the past, the construction timeframe for some improvements can be highly dependent on the experience and the amount of resources that a contractor has available for the completion of the project. This becomes especially important for the more specialized construction projects. Due to the specialized nature of some of the southwest infrastructure projects, we believe it is appropriate for the City to consider pre-qualifying contractors for the well and the water treatment plant projects. By pre-qualifying the contractor, the City will be able to evaluate the experience of the contractor and their demonstrated ability to meet project schedules prior to the request for bids. Based on our experience with these types of projects, we are confident that multiple contractors will be pre- qualified for the projects, and therefore competitive bidding will still take place. Please keep in mind that our firm will proceed in whatever manner you wish. If the City Council wishes to proceed with the more standard, public bid process, then we will facilitate the bidding in that manner. Based on our experience with bidding these types of projects through public bid, there is a reasonable chance that you will obtain an experienced contractor as the "lowest responsive, responsible bidder". However, there are some cases where the contractor is relatively new to the this type of construction, or has very limited experience with this type of construction, and therefore the chances of completing the project on schedule become questionable. It is often very difficult to award a project to anyone other than the low bidder on a publicly bid project. If the City wishes to evaluate the experience and resource availability of contractors prior to issuing the projects for bid, then we recommend following a pre-qualification process. We have prepared a "Prospective Bidders Questionnaire" which can be used as a means of evaluating prospective bidders Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. January 5, 2007 Page 2 for their qualifications to perform the work. Prospective Bidders would complete the questionnaire and return it to the City for review. The City, with assistance from EEI if desired, would evaluate the questionnaires, and would "pre-qualify" bidders to submit bids for the work. Results of the questionnaire would then be returned to the prospective bidder, so that the prospective bidder would know whether or not to submit a bid. If a bid is received without pre-qualification, that bid would be rejected. Prospective Bidders Questionnaires will be mailed to Contractors at the City's discretion. Additionally, an advertisement will be placed in the Kendall County Record, so as to open the pre-qualification process to the public. The following dates outline the potential pre-qualification and bidding process: • Advertisement in Kendall County Record—February 18 • Return of Questionnaires—February 15th • Pre-qualified List of Contractor, Finalized—February 16th • Well No. 10 Request For Bid Issued—February 21't • Well No. 10 Bid Opening—March e • Well No. 10 Bid Review and Award At City Council—March 2&and 27h • Well No. 10 Water Treatment Plant Request for Bid Issued—March 1 V` • Well No. 10 Water Treatment Plant Bid Opening—April 5'" As stated, we can facilitate the bidding for these projects through public bid, or we can facilitate the pre- qualification of the contractors. If the City wishes to have more control over the qualifications of the more specialized contractors, then we recommend the pre-qualification process. If the City wishes to evaluate the contractors through the typical public bid process, then we can facilitate the process in that manner. Please note that we suggest considering the pre-qualification process for the well and water treatment plant projects, only. All of the other southwest Water Works System and Transportation System improvements are planned to be bid through public bidding. If you have any questions or comments, please do not hesitate to contact us. Respectfully submitted, ENGI�'////N////��EE�RING ENTERPRISES, INC. Jeffrr7eryDW. Freeman, P.E. Vice President Encl: Prospective Bidders Questionnaire Kendall County Record Advertisement PC: John Crois—Interim City Administrator Eric Dhuse—Director of Public Works Travis Miller—Community Development Director John Wyeth—City Attorney G'.PutlictYorkvillat20061YO0622 ConlraU F.<-Well No.70 WTPiCe msmidencelOjkg oftlWywrta_01-03.0?.ck.*r. Potential Pre-qualification Advertisement CONTRACT F.1 -WELL No. 10 The United City of Yorkville is advertising for pre-qualification statements for an upcoming Contract for construction of Contract F.1 — Water Well No. 10. The Contract will be Bid on Thursday, March 8, 2007 at a public bid opening. Only Bids submitted by Bidders who have been selected as pre-qualified will be considered. All prospective Bidders shall pre-qualify by completing a pre- qualification questionnaire that is available from Engineering Enterprises, Inc., 52 Wheeler Road, Sugar Grove, IL 60554 (630) 466-9350, Attn: Quentin Clark, P.E. All individuals and firms submitting the questionnaire shall be considered for qualification. The questionnaire shall be submitted no later than Thursday, February 15, 2007 to the United City of Yorkville, City Engineer, 800 Game Farm Road, Yorkville, IL 60560. Potential Pre-qualification Advertisement CONTRACT F.2-WELL NO. 10 WATER TREATMENT PLANT The United City of Yorkville is advertising for pre-qualification statements for an upcoming Contract for Construction of Contract F.2 — Well No. 10 Well House and Water Treatment Plant. The Contract will be Bid on Thursday, April 5, 2007 at a public bid opening. Only Bids submitted by Bidders who have been selected as pre-qualified will be considered. All prospective Bidders shall pre-qualify by completing a pre-qualification questionnaire that is available from Engineering Enterprises, Inc., 52 Wheeler Road, Sugar Grove, IL 60554 (630) 466-9350, Attn: Quentin Clark, P.E. All individuals and firms submitting the questionnaire shall be considered for qualification. The questionnaire shall be submitted no later than Thursday, February 15, 2007 to the United City of Yorkville, City Engineer, 800 Game Farm Road, Yorkville, IL 60560. ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL PROSPECTIVE BIDDER'S QUESTIONNAIRE For Contract F.1 -Well No. 1.0 TO THE PROSPECTIVE BIDDER: In pre-qualifying prospective bidders, the OWNER will take into consideration BIDDER's experience, financial responsibility, and capability. The following questionnaire will be used by the OWNER to qualify prospective BIDDERS prior to BIDDING. This questionnaire shall be accurately completed and returned by the prospective BIDDER no later than Thursday, February 15, 2007. Completed questionnaires shall be sent to the United City of Yorkville, Attn: City Engineer, 800 Game Farm Road, Yorkville, IL 60560. Any questionnaire received after this date shall result in disqualification of the prospective BIDDER and rejection of BID. Any errors, omissions, or misrepresentation of information may be considered as a basis for disqualification of the prospective BIDDER and for the rejection of the BID and may be grounds for the cancellation of any subsequent agreement executed as a result of the BID or BIDS involved. Any BID received without pre-qualification by the OWNER will be basis for rejection of the BID. The OWNER will use, but will not be limited to, the information provided herein for evaluating the qualifications of the BIDDER and his organization to cant'out satisfactorily the terms of the contract. PROJECT DESCRIPTION: Contract F.1 — Water Well No. 10 consists of the drilling, completing, testing, and developing of one (1) 26 by 22 deep sandstone (Ironton-Galesville formation)water well approximately 1,427 feet deep. The driller will not be allowed to use air drilling in the production zone of the well and no discharge will be allowed from the site. A. DESCRIPTION OF BIDDER'S ORGANIZATION 1. Firm Name 2. Address 3. Telephone Number 4. Type of Organization a. Corporation Yes No If yes, list officers and positions, and State in which incorporated: (continued) BQ-01 BIDDER'S QUESTIONNAIRE Page 2 If BIDDER corporation is a subsidiary, give name, address, and state of incorporation of parent corporation: Partnership Yes No List partner's names and residence addresses General Partners: Limited Partners: Firm Name: b. Individual Proprietorship Yes No B. NATURE OF OPERATIONS 1. How long have you been engaged in the contracting business under your present business name? 2. How many years of experience does your firm have in construction work similar to that called for under this bid? 3. Have you now contracted, or have you ever contracted, to provide construction for the United City of Yorkville, Illinois? Yes No a. If "yes" provide the following information on construction you have had with the United City of Yorkville during the last three years which were satisfactorily completed (name up to rive contracts, attach additional sheets if necessary): (1) Year contract awarded (2) Type of Work (continued) BQ-02 BIDDER'S QUESTIONNAIRE Page 3 (3) Contract completion time called for/actual completion time (4) Contract price (5) For whom performed, including person to call for reference and phone number (6) Location of work (7) Number of stop notice claims filed 4. Have you now contracted, or have you ever contracted, to provide construction for any municipality in the State of Illinois? Yes No a. If "yes" provide the following information on construction you have had with municipalities during the last three years which were satisfactorily completed (name up to five contracts, attach additional sheets if necessary): (1) Year contract awarded (2) Type of Work (3) Contract completion time called for/actual completion time (4) Contract price (5) For whom performed, including person to call for reference and phone number (6) Location of work (7) Number of stop notice claims filed b. Provide the following information on construction contracts of a similar nature as called for in this bid that you have had with parties other than municipalities during the last three years which were satisfactorily completed (name up to five contracts, attach additional sheets if necessary): (1) Year contract awarded (2) Type of Work (3) Contract completion time called for/actual completion time (4) Contract price (continued) BQ-03 BIDDER'S QUESTIONNAIRE Page 4 (5) For whom performed, including person to call for reference and phone number (6) Location of work (7) Number of stop notice claims filed c. List all construction contracts which you have failed to satisfactorily complete and the reasons for this. C. FINANCIAL AND CREDIT DATA 1. Please provide the following data: a. Names and addresses of any banks where you regularly do business. b. The names and addresses of any banks, finance companies, dealers, suppliers, or others where you have notes or contracts payable. c. Give credit references, including at least three trade or industry suppliers with whom you regularly deal. d. Where have you engaged in the construction business, or any other type of business, in the last five years? Location Name of Business What Years in Business e. If any of the business endeavors referred to in "d" above are no longer operating, or you are no longer associated with them, please give brief details: (continued) BQ-04 BIDDER'S QUESTIONNAIRE Page 5 2. Please provide a Balance Sheet for the past three (3) years. 3. The following surety companies may be contacted as references as to the financial responsibility and general reliability of the prospective BIDDER (provide name of surety company, person to contact and phone number): I certify under penalty of pedury that the foregoing is true and correct. Executed at , Illinois, on day of , 200 Signature of Prospective BIDDER BQ-05 PROSPECTIVE BIDDER'S QUESTIONNAIRE For Contract F.2 -Well No. 10 Water Treatment Plant TO THE PROSPECTIVE BIDDER: In pre-qualifying prospective bidders, the OWNER will take into consideration BIDDER's experience, financial responsibility, and capability. The following questionnaire will be used by the OWNER to qualify prospective BIDDERS prior to BIDDING. This questionnaire shall be accurately completed and returned by the prospective BIDDER no later than Thursday, February 15, 2007. Completed questionnaires shall be sent to the United City of Yorkville, Attn: City Engineer, 800 Game Farm Road, Yorkville, IL 60560. Any questionnaire received after this date shall result in disqualification of the prospective BIDDER and rejection of BID. Any errors, omissions, or misrepresentation of information may be considered as a basis for disqualification of the prospective BIDDER and for the rejection of the BID and may be grounds for the cancellation of any subsequent agreement executed as a result of the BID or BIDS involved. Any BID received without pre-qualification by the OWNER will be basis for rejection of the BID. The OWNER will use, but will not be limited to, the information provided herein for evaluating the qualifications of the BIDDER and his organization to cant'out satisfactorily the terms of the contract. PROJECT DESCRIPTION: Contract F.2 — Water Well No. 10 Water Treatment Plant consists of the construction of a water treatment plant and associated appurtenances and site work. The plant will have the capacity to treat 1,000 GPM of raw well water for hardness and radium removal. The plant will include an approximately 3,100 square foot brick and concrete masonry unit building. The plant will include three 10-foot diameter cation exchange units, chemical feed systems, a brine storage tank, a wastewater holding tank, a wastewater lift station and force main, and an emergency generator. The operation of the plant will be controlled by PI-Cs that will report to the City's SCADA system. A. DESCRIPTION OF BIDDER'S ORGANIZATION 1. Firm Name (continued) BQ-01 BIDDER'S QUESTIONNAIRE Page 2 2. Address 3. Telephone Number 4. Type of Organization a. Corporation Yes No If yes, list officers and positions, and State in which incorporated: If BIDDER corporation is a subsidiary, give name, address, and state of incorporation of parent corporation: Partnership Yes No List partner's names and residence addresses General Partners: Limited Partners: Firm Name: b. Individual Proprietorship Yes No B. NATURE OF OPERATIONS 1. How long have you been engaged in the contracting business under your present business name? 2.- How many years of experience does your firm have in construction work similar to that called for under this bid? 3. Have you now contracted, or have you ever contracted, to provide construction for the United City of Yorkville, Illinois? Yes No a. If "yes" provide the following information on construction you have had with the United City of Yorkville during the last three years (continued) BQ-02 BIDDER'S QUESTIONNAIRE Page 3 which were satisfactorily completed (name up to five contracts, attach additional sheets if necessary): (1) Year contract awarded (2) Type of Work (3) Contract completion time called for/actual completion time (4) Contract price (5) For whom performed, including person to call for reference and phone number (6) Location of work (7) Number of stop notice claims filed 4. Have you now contracted, or have you ever contracted, to provide construction for any municipality in the State of Illinois? Yes No a. If `fires"provide the following information on construction you have had with municipalities during the last three years which were satisfactorily completed (name up to five contracts, attach additional sheets if necessary): (1) Year contract awarded (2) Type of Work (3) Contract completion time called for/actual completion time (4) Contract price (5) For whom performed, including person to call for reference and phone number (6) Location of work (7) Number of stop notice claims filed b. Provide the following information on construction contracts of a similar nature as called for in this bid that you have had with parties other than municipalities during the last three years which were satisfactorily completed (name up to five contracts, attach additional sheets if necessary): (1) Year contract awarded (continued) BQ-03 BIDDER'S QUESTIONNAIRE Page 4 (2) Type of Work (3) Contract completion time called for/actual completion time (4) Contract price (5) For whom performed, including person to call for reference and phone number (6) Location of work (7) Number of stop notice claims filed c. List all construction contracts which you have failed to satisfactorily complete and the reasons for this. C. FINANCIAL AND CREDIT DATA 1. Please provide the following data: a. Names and addresses of any banks where you regularly do business. b. The names and addresses of any banks, finance companies, dealers, suppliers, or others where you have notes or contracts payable. c. Give credit references, including at least three trade or industry suppliers with whom you regularly deal. d. Where have you engaged in the construction business, or any other type of business, in the last five years? Location Name of Business What Years in Business (continued) BQ-04 BIDDER'S QUESTIONNAIRE Page 5 e. If any of the business endeavors referred to in ad" above are no longer operating, or you are no longer associated with them, please give brief details: 2. Please provide a Balance Sheet for the past three (3) years. 3. The following surety companies may be contacted as references as to the financial responsibility and general reliability of the prospective BIDDER (provide name of surety company, person to contact and phone number): I certify under penalty of perjury that the foregoing is true and correct. Executed at , Illinois, on day Of , 200 Signature of Prospective BIDDER BQ-05 ♦,��D C/T` Reviewed By: J� 0► Leal ❑ City Council Legal Finance F1 EST. � 1836 ♦ ti��7 Engineer j I g y City Administrator �/ Agenda Item Tracking Number s n �O Consultant ❑ /'W a6T 7--6 ALE ❑ City Council Agenda Item Summary Memo Title: Longford Lakes—Final Acceptance & Letter of Credit Reduction#2 City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: Montalbano Homes has requested that the city accept all public improvements for ownership and maintenance. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road Esr 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <Cg ��-�• Date: January 9, 2007 To: John Crois, Interim City Adm' 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City C rk Eric Dhuse, Director of Public Works Subject: Longford Lakes—Final Acceptance &Letter of Credit Reduction#2 Attached find a letter from Montalbano Homes requesting final acceptance of all public improvements for the Longford Lakes development. All punchlist items have been completed with the exception of some curb on Landmark Avenue that we forgot to add to the list until this past winter. The developer has indicated that he will complete that item this coming spring when temperatures permit. I recommend that the city accept the public improvements constructed as part of Longford Lakes for ownership and maintenance. We have also been in contact with the homeowner's association to inform them of the meeting dates where final acceptance will be considered, and have asked if they are aware of any outstanding issues. Corresponding to final acceptance is a reduction to the existing letter of credit. I rcWiiinend that AMCore Bank Letter of Credit No. S2003-368 be reduced by the amount of$146,192.84. The remaining amount of the letter of credit would be $62,270.99, which would remain in effect through the one-year warranty period. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. 9-Jan-07 Letter of Credit/Bond Reduction Subdivision: Longford Lakes Reduction# 2 AMCore Bank: LOC#S2003-368 Original Approved Letter of Credit LOC Amount Substantially complete Warranty Item Eng. Est. Amount After Red.#1 prior to Red. #2 Reduction No.2 Amount Earthwork $149,814.00 $164,795.40 $51,779.60 $149,814.00 $36,798.20 $14,981.40 Storm Sewer $91,024.88 $100,127.37 $13,653.73 $91,024.88 $4,551.24 $9,102.49 Watermain $100,630.00 $110,693.00 $15,094.50 $100,630.00 $5,031.50 $10,063.00 Sanitary Sewer $61,028.00 $67,130.80 $9,154.20 $61,028.00 $3,051.40 $6,102.80 Pavement $220.213.00 $242.234.30 $118.781.80 $220.213.00 $96,760.50 $22,021.30 Totals $622,709.88 $684,980.87 $208,463.83 $622,709.88 $146,192.84 $62,270.99 Notes: 1) LOC/Bond amt. to be 15%of substantially completed items plus 110% of uncompleted items. 2) LOC/Bond amt. to be 10%of si bstantially completed items for warranty period. �nF December 8, 2006 City of Yorkville 610 Towner Lane Yorkville, IL. 60560 Attn: Joe Wyrodt Re: Longford Lakes Gentlemen, Regarding the above mentioned project,please use this letter as our request to place the project into the maintenance phase. We understand that we are responsible to install the depressed curb and gutter along the east driveway when weather permits. Please forward the maintenance bond amount required, and feel free to contact me if you need anything further. Very Truly Yours, William Griffin Vice President of Land Development Your Builder of Choice Oakbrook Terrace Corporate Center II 1801 South Meyers Road • Suite 500 • Oakbrook Terrace,IL 60181 (Phone)630-613-2700 • (Fax)630-613-2790 • montalbanohomes.com z, o United City of Yorkville Memo arm Road EST ® 'inois 60560 i30-553-8545 30-553-3436 LE Date: January 16, 2007 To: John Crois, Interim City A stratrror`` From: Joe Wywrot, City Engineer U CC: Lisa Pickering, Deputy City C erk Subject: Longford Lakes—Final Acceptance Update Our standard procedure prior to final acceptance is to contact the homeowner's association to see if they have any comments prior to final acceptance of the public infrastructure by City Council. Today I received a return phone call from Hartley Pierson, President of the Longford Lakes HOA, regarding three items he wanted us to check. Those are: • Drainage in the rearyard areas for those townhomes near Earthmover's Credit Union. Mr. Pierson said some homeowner's had recently complained about slow drainage in that area. We checked this area today and did not see any obvious problems. We will try to get more specific information from the HOA. • Landscape restoration along sidewalk on Landmark Ave. that was recently replaced. We confirmed that this still needs to be done. • Landscape restoration at a sanitary manhole on the east side of Fremont Street, near the north end of the open space. We checked this and found that work has been completed. I spoke with Bill Griffin of Montalbano Homes about these items today, and he agreed to perform this work during the warranty period once weather permits. If you have any questions regarding this matter,please see me. Co. Reviewed By: Legal El City Council 1� Finance ❑ 1836 Engineer %�J �( o y City Administrator El Agenda Item Tracking Number Consultant ❑ SCE ❑ City Council Agenda Item Summary Memo Title: Raging Waves—LOC Reduction#1 —Valley Community Bank LOC #14368 City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: This reduction request is based on work completed to date. A promised second LOC was never established,therefore a reduction is not recommended Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: No reduction for existing letter of credit. Approval of a lesser amount for second letter of credit in the amount of$1,320,463.68. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: c11.o United City of Yorkville Memo J + . '" 800 Game Farm Road EW. 1 ,ass Yorkville, Illinois 60560 4 Telephone: 630-553-8545 Fax: 630-553-3436 V SCE ��'� - Date: January 9, 2007 To: John Crois, Interim City Administrator1' 1 From: Joe Wywrot, City Engineer V CC: Lisa Pickering,Deputy City Cle Subject: Raging Waves—Letter of Credit Reduction#1 Valley Community Bank LOC #14368 Attached find a request from Craig R. Knock Associates, Inc. to reduce the existing earthwork letter of credit for the Raging Waves development. I have reviewed the request and concur with the amount of work constructed to date. The developer,however, was obligated to establish a second earthwork letter of credit by November 17, 2006,which was never done. Therefore I do not recommend a reduction to the existing letter of credit. What I do recommend,however, is that the second letter of credit can be established for a lesser amount($1,320,463.68) in recognition of the work completed to date. Please refer to the attached spreadsheet for details. Please place this item on the January 16, 2006 Committee of Whole agenda for consideration. 9-Jan-07 Letter of Credit/Bond Reduction Subdivision: Raging Waves Reduction No. 1 Bond/LOC No. Valley Community Bank LOC#14368 Remarks: Site Development Permit LOC LOC/Bond Approved Theoretical amount Actual amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond for LOC/Bond to Reduction No.1 Reduction No.1 after Red. No.1 Earthwork $409,249.65 $450,174.62 $450,174.62 $218,773.78 $207,835.10 $242,339.52 Erosion Control $91,715.00 $100,886.50 $100,886.50 $7,175.00 $6,816.25 $94,070.25 Storm Sewer $1.395,600.00 $1,535,160.00 $44.97 $0.00 -$1.535,115.03 $1,535,160.00 Totals $1,896,564.65 $2,086,221.12 $551,106.09 $225,948.78 -$1,320,463.68 $1,871,569.77 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. Required second letter of credit amount= $1,871,569.77-$551,106.09=$1,320,463.68 LAw OFFICES HOSCHEIT, MCGUIRK, MCCRACKEN& CUSCADEN, P.C. IOOI EAST MAIN STREET,SUITE G SAINT CHARLES, ILLINOIS 60174-2203 JOHN J.HOSCHEIT TELEPHONE: 630.513.8700 JOHN M.MCGUIxx FACSIMILE: 630.513.8799 KATE L.MCCRACKEN DOUGLAS R.CUSCADEN TODD E.WALLACE November 1, 2006 VIA E-MAIL:jwyeth ayorkville.il.us Mr. John Wyeth Attorney at Law 800 Game Farm Road Yorkville, Illinois 60560 Re: Raging Wages Letter of Credit Dear Mr. Wyeth: Pursuant to discussions between representatives of my client, Lundmark Group, LLC, and Mr. Wyrot's request, the Letter of Credit for mass grading is being posted today in the amount of$500,964.65 (plus 10% as required). On or before November 17, 2006, the second Letter of Credit for the storm sewer will be posted in the amount of$1,395,600.00 (plus 10%). We are requesting your approval of this bifurcated posting approach. If this method is acceptable, we would ask that you contact Mr. Wyrot to confirm. If this method is not acceptable, please contact me immediately. Thank you for your assistance in this regard. Very truly yours, �l -�>����� Kate L. McCracken KLM/kg cc: James N. Urhausen (Via E-Mail) Randall Witt (Hard Copy) HMMC Craig R. xnoche & .Associates • CivdEngineers . Surveyors Civ it Eng ine ers, P.C. . rand PCanners December 29, 2006 Mr. Joseph Wywrot, City Eng Yorkville, United-City of 800 Game Farm Road Yorkville, EL 60560 RE: Raging Waves Yorkville, Illinois Job No. 6-007 Dear Joe: Attached please find an invoice from Adcock Construction for the earthwork completed through the end of November 2006. To the best of my knowledge the quantity of work shown has been completed and we are requesting that you send a "letter of credit reduction"request to the Valley Community Bank. Per the Annexation Agreement the reduction should be in the amount of 85%of the work completed or $192,056.46 ($225,048.78 X 0.85) Please address your letter to: Valley Community Bank 620 E. Main Street St. Charles, Illinois 60174 Attn: Mr. Robert Hage,President Please feel free to contract me if you have any questions. Sincerely, Craig Knoche. P.E. President Cc: Jim Urhausen Randy Witt 24 Tf Bennett• geneva, Ur 6o134 • Phone (63o) 845-1270 • Tax(630)845-1275 ADCOCK CONSTRUCTION, INC' N C E , 8845 Schoger Drive Naperville IL 60564 (630) 820-1555 INVOICE #261166 DATE 11/28/06 CUSTOMER ## 4480 PAGE # 1 ATTENTION : JOB # 26133 LG'ND?MARK GROUP LLC 5349 W. CINEMA DRIVE '4 -NOVER PARK II, AGING WAVES 60133 R.T. 47 & GALENA BLVD YORKVILLE, ILLINOIS (630) 289-9199 PAY REQUEST ##1 SITE GRADING SITE TOPSOILESTRIPI&N MOBILIZATION STOCKPILE 1. 00 LS n 4, 200 . 00 $ CLAY CUT, FILL & COMPACT 32, 000 . 00 Cy 4, 200 . 00 CLAY BORROW 20 2 . 35 $ ,212. 00 Cy @ 75, 200 . 00 SILT FENCE 12, 000. 00 Cy @ 2 ' 74 $ 55, 380 . 88 ADDITIO HAUL ROAD 7, 175 . 00 LF p 3 ' 14 $ 37, 680 . 00 ADDITIONAL 7, 175 . 00 AREA 1 . 55 $ 1. 00 LS @38, 630. 80 $ 11, 121. 25 1. 00 LS @ 3. 735. 85 $ 38, 630 . 80 3, 735. 85 TOTAL WORK COMPLETE -------------- LESS 5o RETENTION $ 225, 948 . 78 11, 297 . 43 LESS PREVIOUSLY INVOICED -214, 651 35 BALANCE DUE ----- ------ - 00 ---- ---__ • 00 $ 214, 651 . 35 z d MF-qGR-noo PO - 10 Reviewed By: � J2 O� Legal ❑ City Council Finance F1 ia� Engineer �� �(�01 enda Item Tracking Number City Administrator Consultant El Iaf d O�� 9— MIM LE �� 20 City Council Agenda Item Summary Memo Title: Betzwiser Development—First Midwest Bank LOC#150018041-201 City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: The letter of credit covering sitework items is due to expire on 4/29/07. Recommend calling the letter of credit unless it is renewed by 4/20/07. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize City Clerk to call the letter of credit unless it is renewed by April 20,2007. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EM 1 law Yorkville, Illinois 60560 -� Telephone: 630-553-8545 coul p Fax: 630-553-3436 Date: January 8,2007 To: John Crois,Interim City A ' 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cler John Wyeth, City Attorney Subject: Betzwiser Development First Midwest Bank Letter of Credit No. 1500118041-201 Attached find a notice from First Midwest Bank that a letter of credit for the referenced project will expire on April 29, 2007. This letter of credit, in the amount of$136,657.00, is to guarantee satisfactory completion of remaining sitework for the project. We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to April 20, 2007. Please place this item on the Committee of the Whole agenda of January 16,2007 for consideration. First Midwest Bank 300 North Hunt Club Road Gurnee,Illinois 60031 —' — First Midwest `III December 18, 2006 ORIGINAL Sent by Certified Mail,Return Receipt Number 7005 3110 0001 5822 8654 City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,Illinois 60560 Re: First Midwest Bank Letter of Credit No. 150018041-201 Betzwiser Development, LLC Gentlemen: In accordance with the terms and conditions of the above referenced Letter of Credit issued in your favor in the current amount of $136,657.00, we hereby inform you of the impending expiration date of April 29,2007. Sincerely, Michele Thurmond Documentation Review Specialist cc: Betzwiser Development, LLC Dan Coffey Saved as:beL-Mserdevelopment.doc 112t LE FMC LENDDER ER ♦,��D C/T` Reviewed By: J� Leal ❑ City Council Legal ❑ Esr. 1836 Engineer -4 y City Administrator A enda Item Tracking Number 9 �O Consultant ❑ Oc a oo -0 4 GCE wv City Council Agenda Item Summary Memo Title: Saravanos Development—First Midwest Bank LOC#150017273-201 City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: The letter of credit covering earthwork-related items is due to expire on 5/1/07. Recommend calling the letter of credit unless it is renewed by 4/20/07. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize City Clerk to call the letter of credit unless it is renewed by April 20, 2007. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. 18M Yorkville, Illinois 60560 Telephone: 630-553-8545 ° Fax: 630-553-3436 �4kE Date: January 8,2007 To: John Crois, Interim City Administrator r 1 From: Joe Wywrot, City Engineer U CC: Lisa Pickering,Deputy City Cler John Wyeth, City Attorney Subject: Saravanos Development First Midwest Bank Letter of Credit No. 150017273-201 Attached find a notice from First Midwest Bank that a letter of credit for the referenced project will expire on May 1, 2007. This letter of credit, in the amount of$45,593.88, is to guarantee satisfactory completion of earthwork and erosion control work items for the project. We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to April 20,2007. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. First Midwest Bank 300 North Hunt Club Road \ Gurnee,Illinois 60031 —' — First Midwest `III Decernber 18 ORIGINAL 2006 Sent by Certified Mail,Return Receipt Number 7005 3110 0001 5822 8302 City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 Re: First Midwest Bank Letter of Credit No. 150017273-201 Saravanos Properties, LLC Gentlemen: In accordance with the terms and conditions of the above referenced Letter of Credit issued in your favor in the current amount of $45,593.88, we hereby inform you of the impending expiration date of May 1, 2007. Sincerely, kjoum ern c Michele Thurmond Documentation Review Specialist cc: Saravanos Properties, LLC Brian Minnis Saved as:saravanospropertiesllc.doc 1 EQUAL HOUSING FUG C/Ty Reviewed By: Jam `' Legal ❑ City Council Finance ❑ Esr. � �- lass Engineer City Administrator El A ends Item Tracking Number El [,c� 00_7_ Consultant ESE �v�, ❑ City Council Agenda Item Summary Memo Title: Countryside Pump Station—Change Order#I City Council/Committee of the Whole Date: January 16,2007 Committee of the Whole Synopsis: This is the final balancing change order for this project in the amount of a $10,325.00 decrease. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 2`,,e.0 Clr o United City of Yorkville Memo + '" 800 Game Farm Road EST , 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 Date: January 8, 2007 To: John Crois,Interim City A strator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Susan Mika, Finance Director Subject: Countryside Pump Station—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$10,235.00 decrease, is the final balancing change order for the project. Please refer to the attachment for details. This contract was awarded for the amount of$1,553,426.00,therefore the final contract amount would be $1,543,101.00. This project is the subject of an intergovernmental agreement(also attached)between the city and Yorkville-Bristol Sanitary District. YBSD has agreed to reimburse the city for this project, as well as construction of the forcemain and gravity sewers constructed under a separate contract, and all associated material,engineering, and inspection costs. Once all costs are tabulated,we will need to convey ownership of the gravity sewer to YBSD. The pump station and forcemain will remain our property and our responsibility for maintenance. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of January 16,2007 for consideration. CHANGE ORDER Order No. 1 Date: 1/3/07 Agreement Date: 5/15/05 NAME OF PROJECT: COUNTRYSIDE PUMP STATION OWNER: UNITED CITY OF YORKVILLE CONTRACTOR: RIVER CITY CONSTRUCTION, L.L.C. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Certain allowances not used, other work items added (see attached breakdown) Change to CONTRACT PRICE: $ -10,325.00 Original CONTRACT PRICE: $ 1,553,426.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 0.00 The CONTRACT PRICE due to this CHANGE ORDER will be (mer-eased) (decreased)by: $ 10,325.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,543,101.00 Change to CONTRACT TIME: NONE The CONTRACT TIME will be by calendar days. The date for completion of all work is January 5, 2007 (Date). Requested by: Walter E. Deuchler Associates Accepted by: River City Construction, L.L.0 Approved by: United City of Yorkville Federal Agency Approval (where applicable) 4 United City of Yorkville - Countryside Pump Station Breakdown of Change Order #1 1-3-07 Allowances Bid Amount Amount Used 1.) Sod $14,000 $0 2.) Unsuitable soil removal and replacement $7,500 $14,500 3.) Roadway Sweeping $5,000 $0 _ $26,500 - _ $14,500 = $12,000 Credit to City Work Items Addt'l Payment Credit Due to Due to Owner Contractor 4.) Bronze Plaque (Size Reduced) $0 $750 5.) 4" Gate Valve added to Water service $750 $0 6.) Addt'I special paint required in basement $475 $0 7.) Addt'I millwork performed on Hoist beams $1,200 $0 Y=$2,425 - _$750 = $1,675 Addt'I payment to Contractor _ $10,325 Credit to City APPROVED BY CITY COUNCIL. N k>_-3 b6 AGREEMENT BETWEEN YORKVILLE-BRISTOL SANITARY DISTRICT AND UNITED CITY OF YORK A LE THIS AGREEMENT made and entered into this day of 2003, by and between the YORKVILLE-BRISTOL SANITARY DISTRICT, a municip corporation, (hereinafter referred to as"DISTRICT"), of the County of Kendall, State of Illinois, and THE UNITED CITY OF YORKVILLE, municipal corporation, (hereinafter referred to as"CITY"), WITNES SETH: WHEREAS, each party to this agreement is a Governmental Entity authorized by State Statute under Illinois complied Statutes to enter into agreements for delivery of Governmental Services to its citizens; and WHEREAS, the Yorkville=Bristol Sanitary District provided sanitary sewer treatment for sewage effluent produced and transported within the DISTRICT boundaries, and WHEREAS, the Yorkville-Bristol Sanitary District assumes responsibility for construction and maintenance of all interceptors within said system eighteen (18") inches in size or larger, and WHEREAS, the current development of the United City of Yorkville requires the installation of a collector system to connect with the existing interceptor located along the Blackberry Creek North of Route 34 to serve existing and immediately planned commercial developments located East of Illinois Route 47 in the United City of Yorkville, and WHEREAS, said service anticipates the construction of a twenty-four(24") sewer interceptor and requires the installation of a permanent pump station or force mains to deliver the sewage waste to the aforesaid existing interceptor, and WHEREAS, engineers for the Yorkville-Bristol Sanitary District have advised that the proper method of providing delivery of said sewage effluent is on a route delineated as Alternate No. 6 in their letter dated November 11, 2002 to the Sanitary District. NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1) That the DISTRICT's ENGINEER will contract with the City to design and construct the 24-inch interceptor, permanent pump station and force mains as delineated on Alternate No. 6 in said letter dated November 11, 2002. 2) That the CITY will upfront the funds to the DISTRICT for the design and construction of said 24-inch interceptor, pump station and force mains, until such Page 1 of 2 p time the DISTRICT collects sufficient Infrastructure Participation Fees from developers tributary to said interceptor in accordance with Section 1, Paragraph Five of the DISTRICT's Sewer Use Ordinance and reimburse the CITY within 90 days of receipt of the fees. 3) That the DISTRICT will own and maintain said 24-inch interceptor and the CITY will own and maintain said pump station and force main. 4) Each party to this Agreement understands and acknowledges that since the municipality of the United City of Yorkville is advancing the cost of said improvements, that no other municipality shall be allowed to connect to said improvements without the written consent of each party to the Agreement. NOTICES OR DEMANDS Any notice or demand hereunder from either party to another party hereto, shall be in writing and shall be deemed served if mailed by prepaid certified mail addressed as follows: Mayor and Aldermen President and Board of Trustees .United City of Yorkville Yorkville-Bristol Sanitary District 800 Game Farm Road PO Box 27 Yorkville, IL 60560 Yorkville, IL 60560 UNITED CITY OF YORKVILLE YORKVILLE-BRISTOL SANITARY DIS i By: Mayor . Preside/ Att Attes///'`"`-' �--� rty rk Clerk Date: Date: Z f l-1 10 3 Page 2 of 2 Pw - ♦,��D C/ry Reviewed By: J2 ` T Legal ❑ City Council Esr. iaas Finance ❑ Engineer V'1 Agenda Item Tracking Number y City Administrator ❑ Consultant ❑ 1 n� �t.E City Council Agenda Item Summary Memo Title: Rush-Copley Site—IDOT Highway Permit(Rt. 34 Temporary Entrance) City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: This highway permit is for a temporary construction entrance off Route 34. 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: ,�e.o el.�-o United City of Yorkville Memo 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 0 ;P ° py Fax: 630-553-3436 rAnM LE Date: Date: January 8, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer U CC: John Wyeth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Kendall Marketplace -IDOT Highway Permit Route 34 Temporary Construction Entrance Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for construction of a temporary construction entrance on Route 34 about 2000 feet west of Cannonball Trail. This is the location of the future Beecher Road. If construction activities begin prior to issuance of the IDOT permit,we will allow access during the interim from John Street under the condition that the developer keeps the roadway clean. IDOT requires 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&is permit application and corresponding resolution be approved. Please place this permit application and resolution on the Committee of the Whole agenda of January 16, 2007 for consideration. L-10718 0 Illinois Department of Transportation Highway Permit District Serial No. Whereas, I (We) City of Yorkville/Rush-Copley Medical Center c/o Cemcon Ltd. 2280 White Oak Circle—Suite 100 (Name of Applicant) (Mailing Address) Aurora IL 60502-9675 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. Route 34 , Section , from Station to Station County.The work is described in detail on the attached sketch and/or as follows: Located East of Sycamore Road. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a twenty-seven (27) foot in width bituminous surfaced temporary entrance as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION) (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit.is hereby accepted and its provisions agreed to this - - day of Witness Signed Applicant 80-Q Game. Fax�nQad 800 Gaffe F4 Rogd 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 BY: Deputy Director of Highways, Regional Engineer Printed December 5,2006 OPER 1045(Rev. 11/06) First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, ano 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 Regional 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 Regional Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic*Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or overhanging 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 Regional 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 R=egional 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 Drive%^,ays 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__d.riveway 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. Printed December 5,2006 OPER 1045(Rev. 11/06) 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). The petitioner, their successors, or assigns, shall maintain that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The excavation under the pavement shall be replaced with controlled low strength material and the pavement replaced in accordance with pavement replacement details. All excess material shall be removed from the highwa,. right of way. 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. RESOLUTION WHEREAS, the city of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct a temporary construction entrance onto U.S. 34 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 temporary entrance by the contractor 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 contractor 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 it, is not, (delete one) to be performed by the employees of the city of Yorkville. FOURTH: That the proper officers of the city of Yorkville are hereby instructed and authorized to sign said permit in behalf of the city of Yorkville. I, , hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the city of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION pGv - l � Reviewed By: J� Legal 1-1 City Council lass Finance ❑ Engineer 0 y City Administrator El Agenda Item Tracking Number ?D Consultant ❑ —lo-2.., <LE w� City Council Agenda Item Summary Memo Title: In-Town Road Program(Phase 2)–Railroad Permits City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: These permit applications are for a watermain crossing and a storm sewer crossing of the Illinois Railway tracks at Heustis Street. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor to sign permit forms, and also authorize up to $5600 to be spent for permit fees if necessary. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cyr o United City of Yorkville Memo ! . 1% 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 m Telephone: 630-553-8545 Cns" p Fax: 630-553-3436 KmM LE Date:ew Date: January 10, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer v CC: Lisa Pickering,Deputy City C k Subject: In-Town Road Program(Phase 2)—Railroad Permits Attached find one copy each of the Pipeline Crossing permit application forms for our In- Town Road Program project scheduled for construction in 2007. This project includes the construction of a storm sewer and watermain across the railroad tracks at Heustis Street. While we have determined that the railroad does not have a right-of-way along Hydraulic Ave., we have verbally agreed with them that we will go through the formal permitting process for the purposes of documenting the type and location of each crossing. I recommend that the City Council authorize the Mayor to sign each permit application. Please note that the application fee makes reference to several fees totaling$2800 for each permit. We have requested that these fees be waived. To avoid delays in processing the permits, I also recommend that the City Council authorize up to $5600 to be spent for permit fees should that become necessary. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. APPLICATION FOR PIPE LINE CROSSING/PARALLELISM UNDER/OVER PROPERTIES AND TRACKS Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before constriction is begun. Material and installation are to be in strict accordance with specifications of the American Railway Engineering Association and requirements of the Railroad. Original and three(3)copies of this form shall be submitted,accompanied by four(4)letter-sized prints of a drawing showing plan,elevation section of crossing from field survey,location in respect to Mile Post,width of Railroad's right of way,location of adjacent structures affecting crossing,and all information required in Figures 1 and 2 of AREMA Specifications,Part 5. If open cutting or tunneling is necessary,details of sheeting and method of supporting tracks or driving tunnel shall be shown. 1. Complete Legal Name of Applicant: United City of Yorkville Telephone No.:(630)553-4350 Fax No• (630)553-7575 2.Post Office Address: 800 Game Farm Road Yorkville Illinois 60560 Overnight Delivery Address: see above 3.Partnership-Name and Initials of all partners: None 4.If incorporated,name of state in which incorporated: Illinois 5.Location: 2096 ft east (dir)from nearest RR Mile Post 50 vs_ 6.Nearest Railroad Station: N/A County Kendall St Illinois 7.Within Limits ofpublic highway name Heustis Street 8.Temporary track support or riprapping required? ( )Yes (X)No If yes,please describe: 9.Wires,poles,obstructions to be located?( )Yes (X)No If yes,please describe 10.Product to be conveyed: Potable Water Flammable? ( )Yes (X ) No Temp 11.Max.Working Pressure: 78 PSI. Field Test Pressure: 70 PSI. Type test: Static 12.Location of shut-off valve: 25 ft.north&290&south of track centerline 13.PIPE SPECIFICATIONS CARRIER PIPE CASING PIPE Material Ductile Iron Steel Material Specifications and Grade CL 52 AWWA Cl I l GR B Min.Yield Strength of Mat.PSI N/A 35,000 Mill Test Pressure PSI 350 N/A Inside Diameter 8 in 18 in. Wall Thickness 0.5 in 0.375 in. Outside Diameter 9.0 in 18.75 in. Type of Seam Rubber Gasket N/A Laying Lengths 20& 10& Kind of Joints Mechanical Welded Total Length within RR R/O/W N/A N/A VENTS: # 0 Size N/A HL above ground N/A SEALS: Both ends X One end BURY: Base of rail to top of casing 5 &6 in. BURY(Not beneath tracks): 5 ft. 6 in. BURY(Roadway pipe): 5 ft. 6 in. CATHODIC PROTECTION: ()Yes (X )No PROTECTIVE COATING: O Yes (X )No Kind: Type,size,and spacing of insulators or supports: Cascade Waterworks centralizers 14. Method of Installation: Bore&iack casing oioe If application is approved,applicant agrees to reimburse Railroad for any cost incurred by Railroad incident to installation,maintenance, and/or supervision necessitated by this installation and fiuther agrees to assume all liability for accidents or injuries which arise as a result of this installation. A non-refundable document preparation fee in the amount of 51000.00(U.S.), plus an engineering review fee of 51000,plus a Right of Entry Fee of$800 payable to LandRail LLC,should be attached. Please return application and prints to: LandRail LLC,Attn: Elizabeth McGuire,252 Clayton,4t°Floor,Denver,CO 80206. Date: Signature: Name Printed: Arthur F Prochaska Jr. _ Title: Mayor Rev.03/04 Phone No.: (630)553-4350 APPLICATION FOR PIPE LINE CROSSING/PARALLELISM UNDER/OVER PROPERTIES AND TRACKS Plans for proposed installation shall be submitted to and meet the approval of the Railroad Company before constriction is begun. Material and installation are to be in strict accordance with specifications of the American Railway Engineering Association and requirements of the Railroad. Original and three(3)copies of this form shall be submitted,accompanied by four 4 letter-sized prints of a drawing showing plan,elevation section of crossing from field survey,location in respect to Mile Post,width of Railroad's right of way,location of adjacent structures affecting crossing,and all information required in Figures 1 and 2 of AREMA Specifications,Part 5. If open cutting or tunneling is necessary,details of sheeting and method of supporting tracks or driving tunnel shall be shown. 1. Complete Legal Name of Applicant: United City of Yorkville Telephone No.:(630)553-4350 Fax No: (630)553-7575 2.Post Office Address: 800 Game Farm Road Yorkville Illinois 60560 Overnight Delivery Address: see above 3.Partnership-Name and Initials of all partners: None 4.If incorporated,name of state in which incorporated: Illinois 5.Location: 2084 ft east (dir)from nearest RR Mile Post 50 vs_ 6.Nearest Railroad Station: N/A County Kendall St Illinois 7.Within limits of public highway name Heustis Street 8.Temporary track support or riprapping required? ( )Yes (X)No If yes,please describe: 9.Wires,poles,obstructions to be located? ()Yes (X)No If yes,please describe 10.Product to be conveyed: Stornwater Flar enable? ()Yes (X)No Temp 11.Max.Working Pressure: 0 PSI. Field Test Pressure: N/A PSI. Type test: N/A 12.Location of shut-off valve: N/A 13.PIPE SPECIFICATIONS CARRIER PIPE CASING PIPE Material PVC Steel Material Specifications and Grade SDR-26 GR B _ Min.Yield Strength of Mat PSI N/A 35.000 Mill Test Pressure PSI N/A N/A Inside Diameter 21 in 30 in. Wall Thickness 0.5 in 0.375 in. Outside Diameter 22.0 in 30.75 in. Type of Seam Rubber Gasket N/A Laying Lengths 13 R 10 R Kind of Joints Push-on Welded T:,ta LLc%th K:thii.RR R/O/W N/A N/A VENTS: # 0 Size N/A HL above ground N/A SEALS: Both ends X One end BURY: Base of rail to top of casing 4 fL 3 in. BURY(Not beneath tracks): 5 R 3 in. BURY(Roadway pipe): 5 fL 3 in. CATHODIC PROTECTION: ( )Yes (X )No PROTECTIVE COATING: O Yes (X )No Kind: Type,size,and spacing of insulators or supports: Sand 14. Method of Installation: Bore&lack casing pine If application is approved,applicant agrees to reimburse Railroad for any cost incurred by Railroad incident to installation,maintenance, and/or supervision necessitated by this installation and further agrees to assume all liability for accidents or injuries which arise as a result of this installation. A non-refundable document preparation fee in the amount of$1000.00(U.S.), plus an engineering review fee of$1000,plus a Right of Entry Fee of$800 payable to LandRail LLC,should be attached. Please return application and prints to: LandRail LLC,Attn: Elizabeth McGuire,252 Clayton,4th Floor,Denver,CO 80206. Date: Signature: Name Printed: Arthur F Prochaska,Jr Title: Mayor Rev.03/04 Phone No.: (630)553-4350 INV=576.40 N (ENCASE IN 30' PIPE) MATCH I E STA. 4$+75 234 52 LIN FT STORM SEWER tt CL A2 219 a 1.08% 233 MH TA 4' D IA, R-1530 w � i I II I I STA. 49+24. 359 13. 00' LT I 6 I I I I RIM--582. 93 I f I I I NV=575. 85 E & S II I l I I 520 VALVE AND VALVE VAULT 8 6 STA 49+369 7 LT RIM---583 - 05 3 mil/ CONNECT TO EX WATERMAIN \ If (PRESSURE CONNECTION) 14 - 843 APPROX. LOCATION I� OF RECEIVING PIT _--- -_ 232 342 I �� 231 I) `� h ' I C G PIPE, I8'-110 LF / I TO E BORED & JACKED } I I U ER RR FIRE HYDRANT W/ AUX. VALVE 52..1,4 STA 49+649 161 LT BURY ELEV--583. 00 -HEUSTIS STREET STA. 212+30.30 i HYDRAULIC STREET STA. 49+39.77 5 9 16 LIN FT WATER MAIN 6 CONNECT TO EX MAIN (PRESSURE CONNECTION) MATCHLIME STAm 50+25 HYDIMULIC X111 ENUE HEUSTIS STREET -------- ---- --------- ------ --------------------------- -------- --------I--------- --------- -------- ............... .........: ...... ........... ....................I........ .........I................ ------ ♦,��D C/rY Reviewed By: Legal ❑ City Council Finance ❑ EST. , 1838 � �I$�Ol Engineer enda Item Tracking Number 0 I City Administrator ❑ � 07 00 7—f �j �O Consultant ❑ ,LE City Council Agenda Item Summary Memo Title: Cozy Comer Subdivision—Offsite Watermain Easement City Council/Committee of the Whole Date: January 16, 2007 Committee of the Whole Synopsis: This watermain easement allows the Cozy Corner development to have two sources of water supply. 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: Cl,?-o United City of Yorkville Memo + 'A 800 Game Farm Road EW. 1 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 09 Fax: 630-553-3436 SCE Date: January 8, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cl Subject: Cozy Corner Subdivision—Offsite Watermain Easement Attached find one copy of the proposed easement for the offsite watermain for the referenced development. The easement is across the vacant property owned by Newlywed Foods, and is outside the limits of the future Route 47 right-of-way. This easement allows the watermain for Cozy Corner to connect to the watermain constructed by the city last year along Route 47 and State Street,thereby providing this development with two sources of water supply. I recommend that this easement be approved and recorded. Please place this item on the Committee of the Whole agenda of January 16, 2007 for consideration. Plat Qf Watermain Easement Qf 1111-11 I PART 4F THE SOUTHEAST QUARTER O' SECT�V 32, T374. R7E, W Pit I 1. I'll sill` Ct1( Yti_LE KEID .L Ct}UHTY IWN( �o .::::: I . I I 1" Z �/"_, !nisei"E y°� '. 7 ? 0 I N89 Y6�,"E 4az Na4Ya5Y'f 41479 �/ 6 / - _-- - Nas1as17 3s3az - --- eie9a1691"E Qqv r'1 ('1 1 h� Sly , O N �Ci a 1 's1'E o- � � 10.21 4 ° ��` � I Q !i 'S8'S1~e �� h' 21}.42' s ,a ,w 415.9s - ,�. + 20+t� 589'f8'51'Yf : 410.21 �'z 65,8z" saYtWww 436.36 1 y1 n �ro>�20t1#efTi1O%l7 m 4, 1 Ili I, T fen# tI ! Terrrpororryy ( ConsEtrcrction 15x4 IV,si"E' L oa$2, lo f )!ti Esser»err# Tract sag ts`sn"w 6 < . 418:82'- 8'low L� Ozt# 585rtfY51 W 128.96' R=2 .98' 2a' S8V18'sl"w 5�19A3 twrrn..at Comer of a lot 21, ►fir sutdNision, L=20.2B' _ ! YorkviW KendaY Camty., R- .W ,40-.,.,,� tAlimis- I to 'S89't8'it"1Nt 46.20' south Lin.of the S�1 B'51"W $autheast ouorter of E 25.ST' sacGon 32,X37N-inE�, f ___ OWNER'S CERTIFICATE'. State of Illinois ),SS lECaAf DESCR IPTION Of WATERMAIN-EASEMENT TRACT County of Ke ndall) Quarter'of Section .i2, Townsh" 37 North, Range 7 East of Ths is to certify that CA Yorkwile, ULC -is the owner of the fund described That pact of tfreoutheasd 1p hereon old does grant to The United'City of Yftrkville, Kendall County lt{inais, the Third,Principal fApndwn descry act as foFEaws Commancrag at„f ha Northwest Comer of heir respective Iicansees, successors ono assigns, jointly and severally, the - f at;.21, "Miller-Subdivision, Yorkvilie, Kendall County, 111inoi7 thence South $978'51 public watermain easement described herein West, b3.08 feet; theme,Marth 0041'09` West, 99.91 feet to o lioiflt hereinafter referred to ��i� y PA" as'Paint A", `;hence South 40'41'09" East. 99:91 feet; thence South 89 f8'S1" Walt, Doted at CR1W'X\L 1lGnofs this r� day of 20- 428,96 feet to a point which is 65.62 feet (measured radially) Easterly of the centerline of Illinois Route No. 47 for a point of beginning, thence Northeasterly, olong'a nan-tangential cw;rve to the riatit, being concentric with and 65.62 feet-Easterly,of said centerline and having - Officer and T€ti .Officer and Title o radius of 2954.36 feet'and a chord bearing of North C9'S6'42' East. an arc distance of Itie"'d ♦`e 101;66 feet to,o point,on,a'ire,drown South 89'18'51" ablest from" Point A", thrice North A M 89"18'51" East; 10.21 feet too non-tongentiat curve to,the left, being concentric with and rated Name Printed Maine- 35.52 feet Eastern of said centerline anii hovg a radius of 2944.36 feet and a chord bearing ` -/J*��� of:South 0&,'52'58 West, on-lire distance of 111.81 feet;:: thence! , th 89`18'51" West, r/ /�+ 25,97 feet.,tires q Pair+t which is 54.0 feet (measured radially)-Easterly of said centerline; thence Northeasterly along a!non-tongential curve to the right, being concentric with and NOTARY'S CERTIFICATE 50.0 feet Easterly of;sold centerline and having`a radius'of X969=9$ feet and a chord bearing State of lEtinois )' of North 138'48'37 Enst, an arc distance'of 10.14 feet to a point on a line drawn South SS 89^18'61"`West from the point of beginning; thence North 89'18`51' East, 15.84 feet to the County of Kendal) point of beginning, in the City of Yorkville, Kendall County, Illinois and containing 0.0295 acre, I, S RAf11 rrt"�1tFG p Matary Pub4ic in and for'>th� County and {EAC t}ESf?IP SION {?F TEMPORARY CONSTRUCTION EASEMENT TRACT: State aforesaid hereby-certify thtlt Th at partof the'Stwtheost.1}uarter'of Section 32, Township 37 Morth, Range 7 East a# who ore personally known --- to the fare R the Third Principal Meridian described os follows: Cornmencing at the Northwest Corm of to me to: be the same persons whale Homes are subscribed 9 9 Lot 21;- MEI3ec Subdivision, Y,orkvil{e, Kendall County, Illinois"; thence South 89'i8'S1"' owner's Certifeote,;appeareri before me this day in person and acknowledged the „s Wall,&3.08 feet thence North 004109 West; 99.91 feet to a point hereinafter referred to exec ution of the annexed plat and oceomponying instrument as their.free and_ os'. Point A; #hence South 00 41'09 East, 99181 fast, thence South 89'18 51" West, voluntary act, 418_$2`feet.to a point-which..is 75,6? feet (measured radially) Easterly of the centerairie of � Z. d rr.ba�' pfi',. Utirois Route No. 47=fts a poxrt of begtnning; thence Nartheasteiiy along a non-tangential Given under my hand and Natarol Seal this ay_of 24. - curve to the right,^tieing concentrc with and 75,6? feet Easterly of said centerline and honing �: I�1...I lI-,:.1...'11,I­I1 1,I I I 1l I..I.-k,.­1 I:-I 1I I I..- a radius of X2$44.36`feet and"a chord bearing of North 09'58'54" East, an arC distarsrx of OFFIGfAL3EAl (Notary Pubhq 10i.67.feet to a point an a line drown'Sr+uth 89'18'51" West from "Point A% thence North SARAH3PHULIfS i-�.t,0 ? X9518'61" East, 20.42 feet"to'a non-tangential -curve to'the left, being concentric with and _ xorral=wane-arkrearnzaros ty Cemmyssion Expires 82 feat Eastpri� of said centerline and!laving a radius of 2924.36:fe at and a chord bearing ofrwrrwassanexrxlESa9,aoe of South 09"45'27. West. on orc distance of,132.11 feet,."thence-South 8978'51 West, 46':20 fps€ to a paint which is 50.0 feet (measured radially) Easterly of said centerline; thence Northeasterly,. along anon-tangential-curve to the right, being ctmcerttrc with and YOREMLLE'CITY COUNCIL CERTIFICATE 500 feet Easterl'y�-ot said centerline and having'a radius of 2969.98 feet and a chord bearing ; of iNarth 0831'01 East, an arc distance of 20.26 feet;-!thence North 8918'51` East, 25.97 State of tllinais } E feet to a point'which is 75.62 feet (measured radially) Easterly of said centerline: thence } SS Northeasterly, along!a non-tongent(at curve to the right,.being concentric with and 75.62 feet County of Kendall) Easterly of said centerline and hoeing a radius elf 2944.36 ,'set and a chord bearing of North 08'53"37" East,-an arc distance of 10.14 feet to the,point of beginning, En'the City of Accepted and approved by the City;Council of the City of Yarkvi8e, Kendall YocKvdte, Kendoli County, ffiinois and containing 0.0732 acre. County, 7Ninois this day of 20_ by. attest: SURl1EY0R'S CERTIFICATE: µayes City Cterk Sfiate of Itlinais1 ) } 55 County of Kendall) . ._ ' This is to certify that I, Phillip:D..Yaung, an Illinois Professiaral=Land fiECOROER'S CERTIFICATE Surveyor and an officer of Phillip O. Young and Associates. lnc., hove State of Illinois :} prepared this,Ptat of Easement using'previous 'survey infar<rtation maps, } SS pfats and other instruments of record for the uses and purposes set forth County of,Kendall} for the herein described property. This instrument No. was filed far record in the 4ated A)&f T tS ZG48 at YorkviEle, ElEnois Recorders 0ffics;of Kandal1 Go .. ENinois on this day of _ _, ZO_ at ' o'e[ocI _ to and was recorded in Plat f r �/ ' Envelope No. Pfniltip D:"Xoung _ " Il{Inoys Professonal }and Sury eyor Na',2878 {Expies t f /30 j08} County„ Recorder' ,<. .�Q �(�. [. `, 05149 • • e 11476 SoU#1 Sirf�ef- .�QS NAME MASONCORP F�h Ili D. Young c nd ssac�ates, roc. AW*V&, Iii , h f7WG fLE 051498 JIM aft-1>f-os LAND SURVEYING . - TCIFOGRAPHIC MAPPING Lic. 1.84-QQ2775 � 63{�553-158f? DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ AACVB AURORA AREA CONVENTION 123106-SUPER 01/09/07 01 ADMIN-DEC SUPER 8 TAX 01-110-65-00-5844 01/23/07 1,373.88 MARKETING - HOTEL TAX INVOICE TOTAL: 1,373.88 VENDOR TOTAL: 1,373.88 ACCURINT ACCURINT - ACCOUNT #1249304 124930420061231 12/31/06 01 POLICE-REPORTS, SEARCHES 01-210-65-00-5804 01/23/07 61.00 OPERATING SUPPLIES INVOICE TOTAL: 61.00 VENDOR TOTAL: 61.00 ANDERSON ANDERSON UNDERGROUND, INC. 010507-DEUCHLER 01/05/07 01 SEWER IMPROV-CONTRACT 1 37-000-75-00-7505 01/23/07 44,375.18 ROB ROY CREEK SANITARY 02 ROB ROY INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 44,375.18 VENDOR TOTAL: 44,375.18 ATT AT&T 6305531141-1206 12/25/06 01 POLICE-POLICE FAX 01-210-62-00-5436 01/23/07 32.46 TELEPHONE INVOICE TOTAL: 32.46 6305534349-1206 12/25/06 01 POLICE-MONTHLY USAGE 01-210-62-00-5436 01/23/07 56.89 TELEPHONE 02 WATER OP-LIFT STATIONS 51-000-62-00-5436 356.89 TELEPHONE 03 ADMIN-CITY HALL CENTEX 01-110-62-00-5436 495.49 TELEPHONE 04 POLICE-CITY HALL CENTEX 01-210-62-00-5436 495.49 TELEPHONE P1 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ATT AT&T 6305534349-1206 12/25/06 05 WATER OP-CITY HALL CENTEX 51-000-62-00-5436 01/23/07 495.48 TELEPHONE INVOICE TOTAL: 1,900.24 6305536522-1206 12/25/06 01 ADMIN-131 E. HYDRAULIC 01-110-62-00-5436 01/23/07 24.32 TELEPHONE INVOICE TOTAL: 24.32 6305537575-1206 12/25/06 01 ADMIN-CITY HALL FAX 01-110-62-00-5436 01/23/07 25.34 TELEPHONE INVOICE TOTAL: 25.34 6308826526-1206 12/25/06 01 WATER OP-COUNTRYSIDE LIFT ST. 51-000-62-00-5436 01/23/07 49.90 TELEPHONE INVOICE TOTAL: 49.90 70BZ911001-1206 12/16/06 01 WATER OP-ALARM CIRCUIT 51-000-62-00-5436 01/23/07 98.09 TELEPHONE INVOICE TOTAL: 98.09 VENDOR TOTAL: 2,130.35 AWWA AMERICAN WATER WORKS ASSOC 00028316-06 11/15/06 01 WATER OP-DEPARTMENT DUES 51-000-64-00-5600 00203630 01/23/07 292.00 DUES INVOICE TOTAL: 292.00 VENDOR TOTAL: 292.00 BCBS BLUE CROSS BLUE SHIELD 121506 12/15/06 01 ADMIN-JAN. HEALTH INSURANCE 01-110-50-00-5203 01/23/07 69,786.94 BENEFITS - HEALTH INSURANC INVOICE TOTAL: 69,786.94 VENDOR TOTAL: 69,786.94 P2 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BENNETTG BENNETT, GARY L. 010807 01/08/07 01 HEALTH & SANITATION-JULY-DEC 01-540-62-00-5443 01/23/07 600.00 LEAF PICKUP 02 BRUSH DISPOSAL ** COMMENT ** 03 HEALTH & SANITATION-JAN-JUNE 01-540-62-00-5443 600.00 LEAF PICKUP 04 BRUSH DISPOSAL ** COMMENT ** INVOICE TOTAL: 1,200.00 VENDOR TOTAL: 1,200.00 BNY BNY MIDWEST TRUST COMPANY 122206-SSARTV 01/05/07 01 AR-SSA 02-100 RAINTREE 01-000-13-00-1374 01/23/07 1,172.82 A/R - SSA DISPURSEMENTS INVOICE TOTAL: 1,172.82 VENDOR TOTAL: 1,172.82 CAMBRIA CAMBRIA SALES COMPANY INC. 23615 01/03/07 01 ADMIN-LINERS, TOWELS, T. PAPER 01-110-65-00-5804 01/23/07 148.68 OPERATING SUPPLIES INVOICE TOTAL: 148.68 VENDOR TOTAL: 148.68 CARGILL CARGILL, INC 1750715 11/21/06 01 MFT-BULK ICE 15-000-65-00-5818 01/23/07 1,011.01 SALT INVOICE TOTAL: 1,011.01 1775479 01/20/07 01 WATER OP-SALT 51-000-65-00-5820 00203636 01/23/07 2,182.34 CHEMICALS INVOICE TOTAL: 2,182.34 VENDOR TOTAL: 3,193.35 CDWG CDW GOVERNMENT INC. P3 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CDWG CDW GOVERNMENT INC. CWX1929 12/21/06 01 ADMIN-ACROBAT, CONTRIBUTE 01-110-75-00-7002 00101870 01/23/07 300.00 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 CENTRALL CENTRAL LIMESTONE COMPANY, INC 5951 12/31/06 01 WATER OP-GRAVEL 51-000-65-00-5817 00203543 01/23/07 358.98 GRAVEL INVOICE TOTAL: 358.98 VENDOR TOTAL: 358.98 CINTAS CINTAS FIRST AID & SAFETY 0343388402 12/20/06 01 STREETS.-REFILL MED. CABINET 01-410-75-00-7004 01/23/07 40.93 SAFETY EQUIPMENT INVOICE TOTAL: 40.93 VENDOR TOTAL: 40.93 CJINSULT C.J. INSULATION 0046026 01/05/07 01 MUNICIPAL BLDG-GUTTERS ON 16-000-62-00-5416 01/23/07 150.00 MAINT-GENERAL BLDG & GROUN 02 CITY HALL BUILDING ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 COMDIR COMMUNICATIONS DIRECT INC SR77500 12/21/06 01 POLICE-RADAR, CAMERA INSTALL 01-210-62-00-5408 01/23/07 89.50 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 89.50 VENDOR TOTAL: 89.50 COMED COMMONWEALTH EDISON P4 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ COMED COMMONWEALTH EDISON 4438001000-1206 12/20/06 01 STREETS-CITY LIGHTS 01-410-62-00-5435 01/23/07 739.54 ELECTRICITY INVOICE TOTAL: 739.54 VENDOR TOTAL: 739.54 DAYTIMER DAY-TIMERS, INC 56372293 12/27/06 01 POLICE-REFILL 01-210-65-00-5804 01/23/07 31.07 OPERATING SUPPLIES INVOICE TOTAL: 31.07 VENDOR TOTAL: 31.07 DELANEYD DELANEY, DAVID 122706 12/27/06 01 POLICE-TUITION REIMBURSEMENT 01-210-64-00-5608 01/23/07 800.00 TUITION REIMBURSEMENT INVOICE TOTAL: 800.00 VENDOR TOTAL: 800.00 DENVIS DENTAL VISION REIMBURSEMENT 122006 12/20/06 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 01/23/07 133.59 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 133.59 VENDOR TOTAL: 133.59 DOMESTIC DOMESTIC UNIFORM RENTAL 123106-PW 12/31/06 01 STREETS-DEC UNIFORMS 01-410-62-00-5421 01/23/07 303.30 WEARING APPAREL 02 WATER OP-DEC UNIFORMS 51-000-62-00-5421 303.30 WEARING APPAREL 03 SEWER OP-DEC UNIFORMS 52-000-62-00-5421 303.30 WEARING APPAREL INVOICE TOTAL: 909.90 VENDOR TOTAL: 909.90 P5 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DREYER DREYER MEDICAL CLINIC 122306 12/23/06 01 POLICE-TESTS FOR 2 OFFICERS 01-210-62-00-5430 00303772 01/23/07 602.00 HEALTH SERVICES INVOICE TOTAL: 602.00 VENDOR TOTAL: 602.00 DUTEK DU-TEK, INC. 293941 12/13/06 01 STREETS-HOSE 01-410-62-00-5409 01/23/07 42.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 42.00 VENDOR TOTAL: 42.00 EJEQUIP EJ EQUIPMENT 0021094 11/29/06 01 STREETS-SWEEPER REPAIRS 01-410-62-00-5409 00203474 01/23/07 671.49 MAINTENANCE-VEHICLES INVOICE TOTAL: 671.49 VENDOR TOTAL: 671.49 FOXRIDGE FOX RIDGE STONE 12045 12/31/06 01 WATER OP-STONE 51-000-65-00-5817 00203544 01/23/07 987.47 GRAVEL INVOICE TOTAL: 987.47 VENDOR TOTAL: 987.47 GALLS GALL'S INC. 5866054800015 12/21/06 01 POLICE-GLOVES, RAINGEAR 01-210-62-00-5421 01/23/07 116.28 WEARING APPAREL INVOICE TOTAL: 116.28 VENDOR TOTAL: 116.28 GIPED GIPE, DINA P6 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GIPED GIPS, DINA 101106-PC 10/11/06 01 ADMIN-10/11 PLAN COMM. MINUTES 01-110-62-00-5401 01/23/07 57.00 CONTRACTUAL SERVICES INVOICE TOTAL: 57.00 121306-PC 12/13/06 01 ADMIN-12/13 PC MINUTES 01-110-62-00-5401 01/23/07 57.00 CONTRACTUAL SERVICES INVOICE TOTAL: 57.00 VENDOR TOTAL: 114.00 GJOVIKFD GJOVIK 217874 01/02/07 01 POLICE-ENGINE LIGHT, REPLACE 01-210-62-00-5409 00303770 01/23/07 489.85 MAINTENANCE - VEHICLES 02 PROCESSOR ** COMMENT ** INVOICE TOTAL: 489.85 VENDOR TOTAL: 489.85 GLEASON GLEASON TILE INC. 7492-GT 12/26/06 01 MUNICIPAL BLDG-INSTALL TILE 16-000-75-00-7210 00402265 01/23/07 1,815.00 BLDG IMPROV-POST OFFICE 02 IN 2 BATHROOMS & SINK AREA ** COMMENT ** INVOICE TOTAL: 1,815.00 VENDOR TOTAL: 1,815.00 GREATAME GREATAMERICA LEASING CORP. 6145988 12/25/06 01 WATER OP-GESTETNER LEASE 51-000-65-00-5809 01/23/07 140.00 PRINTING & COPYING INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 HARRIS HARRIS CT000200 12/29/06 01 ADMIN-ACCOUNTS RECEIVABLE 01-110-75-00-7002 01/23/07 1,750.00 COMPUTER EQUIP & SOFTWARE P7 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HARRIS HARRIS CT000200 12/29/06 02 & INSTALLATION ** COMMENT ** 01/23/07 INVOICE TOTAL: 1,750.00 VENDOR TOTAL: 1,750.00 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4439816 12/19/06 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203638 01/23/07 703.35 METERS & PARTS INVOICE TOTAL: 703.35 4475556 12/22/06 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203638 01/23/07 1, 183.35 METERS & PARTS INVOICE TOTAL: 1,183.35 4476266 12/22/06 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00203638 01/23/07 210.40 METERS & PARTS INVOICE TOTAL: 210.40 VENDOR TOTAL: 2,097.10 HENNE VERNE HENNE CONSTR. & 25353 12/27/06 01 MUNICIPAL BLDG-BATHROOM 16-000-75-00-7210 00402272 01/23/07 9, 630.00 BLDG IMPROV-POST OFFICE 02 WORK, LIGHTS, CEILING FANS, ** COMMENT ** 03 HANDICAP BARS ** COMMENT ** INVOICE TOTAL: 9,630.00 VENDOR TOTAL: 9,630.00 ICCI INTERNATIONAL CODES 20061205 12/22/06 01 ADMIN-1ST HALF DEC. PERMITS 01-110-61-00-5314 01/23/07 28, 699.00 BUILDING INSPECTIONS INVOICE TOTAL: 28,699.00 VENDOR TOTAL: 28,699.00 P8 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILASCP ILLINOIS ASSOCIATION OF CHIEFS 122806 12/28/06 01 POLICE-YEARLY MEMBERSHIP 01-210-65-00-5804 01/23/07 85.00 OPERATING SUPPLIES INVOICE TOTAL: 85.00 VENDOR TOTAL: 85.00 ILSTPDAC ILLINOIS STATE POLICE ACADEMY 122206 12/22/06 01 POLICE-CRASH INVESTIGATION 01-210-64-00-5604 00303761 01/23/07 1,156.74 TRAINING & CONFERENCE 02 & RECONSTRUCTION COURSES ** COMMENT ** INVOICE TOTAL: 1,156.74 VENDOR TOTAL: 1,156.74 IMSA IMSA 112206 11/22/06 01 STREETS-2 RENEWALS FOR 01-410-64-00-5604 01/23/07 70.00 TRAINING & CONFERENCES 02 T. SIGNAL & SIGNS & MARKING ** COMMENT ** INVOICE TOTAL: 70.00 VENDOR TOTAL: 70.00 JEWEL PURCHASE ADVANTAGE CARD 121906-CITY 12/19/06 01 ADMIN-CREAMER, BAGS, KLEENEX 01-110-65-00-5804 01/23/07 41.63 OPERATING SUPPLIES INVOICE TOTAL: 41.63 121906-PW 12/19/06 01 SEWER OP-PLATES, UTENCILS, 52-000-65-00-5805 01/23/07 48.39 SHOP SUPPLIES 02 CREAMER ** COMMENT ** INVOICE TOTAL: 48.39 VENDOR TOTAL: 90.02 JGUNIFOR J.G. UNIFORMS, INC. P9 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JGUNIFOR J.G. UNIFORMS, INC. 14505 12/16/06 01 POLICE-7 VEST COVERS 01-210-62-00-5421 00303762 01/23/07 607.85 WEARING APPAREL INVOICE TOTAL: 607.85 VENDOR TOTAL: 607.85 JIFFY SOUND BILLING LLC 5460932 12/21/06 01 POLICE-OIL CHANGE 01-210-62-00-5409 01/23/07 34.59 MAINTENANCE - VEHICLES INVOICE TOTAL: 34.59 5461540 01/02/07 01 POLICE-M1 OIL CHANGE 01-210-62-00-5409 01/23/07 34.39 MAINTENANCE - VEHICLES INVOICE TOTAL: 34.39 5461549 01/02/07 01 POLICE-M14 OIL CHANGE 01-210-62-00-5409 01/23/07 34.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 34.99 5461634 01/04/07 01 POLICE-M2 OIL CHANGE 01-210-62-00-5409 01/23/07 32.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 32.99 VENDOR TOTAL: 136.96 JIMSTRCK JIM'S TRUCK INSPECTION 12015-06 12/29/06 01 STREETS-2 TRUCK INSPECTIONS 01-410-65-00-5804 01/23/07 50.00 OPERATING SUPPLIES INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 KCACP KENDALL COUNTY ASSOCIATION 010507 01/05/07 01 POLICE-SRT FEE 2007 01-210-64-00-5611 00303774 01/23/07 2,000.00 SRT FEE INVOICE TOTAL: 2,000.00 VENDOR TOTAL: 2,000.00 P10 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KCHHS KENDALL COUNTY HEALTH 010507 01/05/07 01 WATER OP-MANDATORY SHOTS 51-000-75-00-7004 01/23/07 70.00 SAFETY EQUIPMENT INVOICE TOTAL: 70.00 VENDOR TOTAL: 70.00 KENPRINT KENDALL PRINTING 14920 12/20/06 01 POLICE-NOTARY STAMP 01-210-65-00-5804 01/23/07 44.50 OPERATING SUPPLIES INVOICE TOTAL: 44.50 VENDOR TOTAL: 44.50 LASALLE LASALLE BANK N.A. 121906-SSAWDR 01/05/07 01 AR-SSA 03-101 WINDETTE RIDGE 01-000-13-00-1374 01/23/07 1,153.65 A/R - SSA DISPURSEMENTS INVOICE TOTAL: 1,153.65 VENDOR TOTAL: 1,153.65 LAWSON LAWSON PRODUCTS 5109387 12/07/06 01 STREETS-NUTS, BOLTS, WRENCHES 01-410-65-00-5804 00203475 01/23/07 481.27 OPERATING SUPPLIES INVOICE TOTAL: 481.27 5109388 12/07/06 01 STREETS-6 PIECE TOOL SET 01-410-65-00-5804 01/23/07 37.14 OPERATING SUPPLIES INVOICE TOTAL: 37.14 5154281 12/20/06 01 SEWER OP-NITRILE GLOVES 52-000-75-00-7004 00202959 01/23/07 164.85 SAFETY EQUIPMENT INVOICE TOTAL: 164.85 VENDOR TOTAL: 683.26 MCDOWELL MCDOWELL TRUCK PARTS, INC. P11 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MCDOWELL MCDOWELL TRUCK PARTS, INC. 138890 12/07/06 01 SEWER OP-2 FILTERS 52-000-62-00-5408 01/23/07 78.72 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 78.72 VENDOR TOTAL: 78.72 MCKIRGN MCKIRGAN BROS. OIL CO. 61785 12/01/06 01 WATER OP-HYDRAULIC FLUID 51-000-62-00-5408 00203547 01/23/07 822.80 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 822.80 61973 12/29/06 01 WATER OP-KEROSENE 51-000-62-00-5408 00203547 01/23/07 170.67 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 170.67 VENDOR TOTAL: 993.47 MEADE MEADE ELECTRIC COMPANY, INC. 627609 01/09/07 01 STREETS-47 & 126 T. SIGNAL 01-410-62-00-5414 00203546 01/23/07 1,062.22 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 1,062.22 627610 12/15/06 01 STREETS-47 & LANDMARK 01-410-62-00-5414 00203546 01/23/07 1,429.18 MAINTENANCE-TRAFFIC SIGNAL 02 T. SIGNAL ** COMMENT ** INVOICE TOTAL: 1,429.18 627611 12/15/06 01 STREETS-47 & VAN EMMON 01-410-62-00-5414 00203546 01/23/07 1,991.23 MAINTENANCE-TRAFFIC SIGNAL 02 T. SIGNAL ** COMMENT ** INVOICE TOTAL: 1,991.23 VENDOR TOTAL: 4,482.63 MEDTRON MEDTRONIC PHYSIO-CONTROL CORP P12 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MEDTRON MEDTRONIC PHYSIO-CONTROL CORP PH106673 12/26/06 01 POLICE-LIFEPAK DEFIBRILLATOR 01-210-62-00-5408 01/23/07 85.96 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 85.96 VENDOR TOTAL: 85.96 MENLAND MENARDS - YORKVILLE 10039 12/18/06 01 STREETS-POLE BREAKER 01-410-65-00-5804 01/23/07 25.98 OPERATING SUPPLIES INVOICE TOTAL: 25.98 10043 12/18/06 01 STREETS-WIRE CONNECTOR 01-410-65-00-5804 01/23/07 3.49 OPERATING SUPPLIES INVOICE TOTAL: 3.49 10069 12/18/06 01 WATER OP-PENS 51-000-65-00-5804 01/23/07 2.88 OPERATING SUPPLIES INVOICE TOTAL: 2.88 10104 12/18/06 01 STREETS-WIRE SPLICE KIT 01-410-65-00-5804 01/23/07 7.98 OPERATING SUPPLIES INVOICE TOTAL: 7.98 10681A 12/20/06 01 WATER OP-ANCHOR, COMPOUND, 51-000-65-00-5804 01/23/07 34.74 OPERATING SUPPLIES 02 DECKSCREWS, BITS, SCREWDRIVER ** COMMENT ** INVOICE TOTAL: 34.74 10877 12/21/06 01 SEWER OP-BULBS 52-000-62-00-5422 01/23/07 15.97 LIFT STATION MAINTENANCE INVOICE TOTAL: 15.97 12120 12/27/06 01 WATER OP-SCISSORS 51-000-65-00-5804 01/23/07 3.89 OPERATING SUPPLIES INVOICE TOTAL: 3.89 P13 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 12381 12/28/06 01 STREETS-ADAPTER, SOCKET 01-410-65-00-5804 01/23/07 6.87 OPERATING SUPPLIES INVOICE TOTAL: 6.87 12464 12/28/06 01 STREETS-PLUG 01-410-65-00-5804 01/23/07 4.99 OPERATING SUPPLIES INVOICE TOTAL: 4.99 12770 12/29/06 01 WATER OP-SPONGES, BATTERIES, 51-000-65-00-5804 01/23/07 22.38 OPERATING SUPPLIES 02 GAS CAN ** COMMENT ** INVOICE TOTAL: 22.38 13689 01/02/07 01 WATER OP-STEP LADDER 51-000-62-00-5407 00203632 01/23/07 424.99 TREATMENT FACILITIES 0&M INVOICE TOTAL: 424.99 13705 01/02/07 01 ENG-BATTERIES 01-150-65-00-5801 01/23/07 9.97 ENGINEERING SUPPLIES INVOICE TOTAL: 9.97 13711 01/02/07 01 WATER OP-VENTED SHELF 51-000-65-00-5804 01/23/07 34.99 OPERATING SUPPLIES INVOICE TOTAL: 34.99 7190 12/07/06 01 STREETS-WARM PACKS, OUTLET 01-410-65-00-5804 01/23/07 6.00 OPERATING SUPPLIES INVOICE TOTAL: 6.00 7293 12/07/06 01 STREETS-GLOVES, TORCH KIT 01-410-65-00-5804 01/23/07 54.96 OPERATING SUPPLIES INVOICE TOTAL: 54.96 7492 12/08/06 01 STREETS-SPLITBOLT 01-410-65-00-5804 01/23/07 10.67 OPERATING SUPPLIES INVOICE TOTAL: 10.67 P14 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 8444 12/12/06 01 STREETS-PROPANE CYLINDER 01-410-65-00-5804 01/23/07 2.97 OPERATING SUPPLIES INVOICE TOTAL: 2.97 8514 12/12/06 01 STREETS-STEP LADDER, TIRE WET 01-410-65-00-5804 01/23/07 42.35 OPERATING SUPPLIES INVOICE TOTAL: 42.35 8701 12/13/06 01 STREETS-MAILBOX POST 01-410-65-00-5804 01/23/07 30.35 OPERATING SUPPLIES INVOICE TOTAL: 30.35 9025 12/14/06 01 STREETS-CONDUIT, SAW, 01-410-65-00-5804 01/23/07 26.81 OPERATING SUPPLIES 02 WALLPLATE, CONNECTORS ** COMMENT ** INVOICE TOTAL: 26.81 9046A 12/14/06 01 PD CAPITAL-3 KENNEL PANELS 20-000-75-00-7002 00303763 01/23/07 189.93 K-9 EQUIPMENT INVOICE TOTAL: 189.93 9079 12/14/06 01 POLICE-TIRE INFLATOR 01-210-65-00-5804 01/23/07 9.98 OPERATING SUPPLIES INVOICE TOTAL: 9.98 9170 12/15/06 01 STREETS-FISHTAPE 01-410-65-00-5804 01/23/07 49.99 OPERATING SUPPLIES INVOICE TOTAL: 49.99 VENDOR TOTAL: 1,023.13 METLIFE METLIFE SMALL BUSINESS CENTER 121806 12/18/06 01 ADMIN-JAN. LIFE INSURANCE 01-110-50-00-5204 01/23/07 2,027.53 BENEFITS - GROUP LIFE INSU P15 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ METLIFE METLIFE SMALL BUSINESS CENTER 121806 12/18/06 02 ADMIN-JAN. DENTAL INSURANCE 01-110-50-00-5205 01/23/07 5, 640.12 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 7,667.65 VENDOR TOTAL: 7, 667.65 MJELECT MJ ELECTRICAL SUPPLY, INC. 1077804-00 12/25/06 01 STREETS-TRAFFIC LIGHT PARTS 01-410-62-00-5415 01/23/07 24.95 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 24.95 1077804-01 12/04/06 01 STREETS-TRAFFIC LIGHT PARTS 01-410-62-00-5415 01/23/07 70.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 70.00 1078169-01 12/05/06 01 STREETS-GLOBES 01-410-62-00-5415 00203471 01/23/07 661.50 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 661.50 1080115-00 12/10/06 01 STREETS-TRAFFIC LIGHT PARTS 01-410-62-00-5415 01/23/07 139.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 139.00 1080320-00 12/25/06 01 STREETS-TRAFFIC LIGHT PARTS 01-410-62-00-5415 01/23/07 48.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 48.00 1080320-01 12/25/06 01 STREETS-TRAFFIC LIGHT PARTS 01-410-62-00-5415 01/23/07 96.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 96.00 1080527-00 12/25/06 01 STREETS-WIRE 01-410-62-00-5415 00203471 01/23/07 428.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 428.00 P16 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 1080584-00 12/25/06 01 STREETS-TRAFFIC LIGHT PARTS 01-410-62-00-5415 01/23/07 125.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 125.00 VENDOR TOTAL: 1,592.45 MOONBEAM MOONBEAM MEDIA 21 12/12/06 01 ADMIN-12/12 VIDEO TAPING 01-110-64-00-5607 01/23/07 50.00 PUBLIC RELATIONS INVOICE TOTAL: 50.00 22 12/28/06 01 ADMIN-12/28 CC VIDEO TAPING 01-110-64-00-5607 01/23/07 50.00 PUBLIC RELATIONS INVOICE TOTAL: 50.00 VENDOR TOTAL: 100.00 NEXTEL NEXTEL COMMUNICATIONS 837900513-058 12/21/06 01 ADMIN-MONTHLY CHARGES, SIM 01-110-62-00-5438 01/23/07 181.13 CELLULAR TELEPHONE 02 CARD READER ** COMMENT ** 03 PLAN/DEV-MONTHLY CHARGES 01-220-62-00-5438 61.96 CELULAR TELEPHONE 04 ENG-MONTHLY CHARGES 01-150-62-00-5438 154.89 CELLULAR TELEPHONE 05 STREETS-MONTHLY CHARGES 01-410-62-00-5438 185.87 CELLULAR TELEPHONE 06 WATER OP-MONTHLY CHARGES 51-000-62-00-5438 227.11 CELLULAR TELEPHONE 07 POLICE-EXT. LIFE BATTERY, 01-210-62-00-5438 1,038.31 CELLULAR TELEPHONE 08 MONTHLY CHARGES ** COMMENT ** 09 SEWER OP-MONTHLY CHARGES 52-000-62-00-5438 227.08 CELLULAR TELEPHONE INVOICE TOTAL: 2,076.35 VENDOR TOTAL: 2,076.35 P17 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NICOR NICOR GAS 2345914862-0107 01/03/07 01 ADMIN-101 BRUELL STREET 01-110-78-00-9002 01/23/07 69.94 NICOR GAS INVOICE TOTAL: 69.94 4512254081-0107 01/02/07 01 ADMIN-201 W HYDRAULIC 01-110-78-00-9002 01/23/07 344.21 NICOR GAS INVOICE TOTAL: 344.21 4925611000-0107 01/02/07 01 ADMIN-1 VAN EMMON ROAD 01-110-78-00-9002 01/23/07 233.03 NICOR GAS INVOICE TOTAL: 233.03 8313428369-0107 01/05/07 01 ADMIN-1107 PRAIRIE LANE 01-110-78-00-9002 01/23/07 269.32 NICOR GAS INVOICE TOTAL: 269.32 9156239531-0107 01/02/07 01 ADMIN-1107 S. BRIDGE 01-110-78-00-9002 01/23/07 70.76 NICOR GAS INVOICE TOTAL: 70.76 VENDOR TOTAL: 987.26 OFFWORK OFFICE WORKS 108184I 01/02/07 01 POLICE-LASER LABELS 01-210-65-00-5802 00303768 01/23/07 86.97 OFFICE SUPPLIES INVOICE TOTAL: 86.97 108379 01/03/07 01 ADMIN-1099 FORMS 01-110-65-00-5802 01/23/07 25.80 OFFICE SUPPLIES INVOICE TOTAL: 25.80 VENDOR TOTAL: 112.77 OLSSON OLSSON ROOFING COMPANY, INC. 92486-00 12/21/06 01 MUNICIPAL BLDG-REPAIR ROOF 16-000-75-00-7210 00402276 01/23/07 3,980.00 BLDG IMPROV-POST OFFICE INVOICE TOTAL: 3,980.00 VENDOR TOTAL: 3,980.00 P18 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PARADISE PARADISE CAR WASH 220869 01/01/07 01 POLICE-8 CAR WASHES 01-210-62-00-5409 01/23/07 32.75 MAINTENANCE - VEHICLES INVOICE TOTAL: 32.75 VENDOR TOTAL: 32.75 PATTEN PATTEN INDUSTRIES, INC. P53C0094348 12/22/06 01 WATER OP-OIL FILTER 51-000-62-00-5408 01/23/07 17.18 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 17.18 P63C0016168 12/19/06 01 WATER OP-FUEL FILTERS 51-000-62-00-5408 00203633 01/23/07 80.90 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 80.90 VENDOR TOTAL: 98.08 PETEPAIN PETE THE PAINTER 122606 12/26/06 01 MUNICIPAL BLDG-PAINT MOP 16-000-75-00-7210 01/23/07 1,500.00 BLDG IMPROV-POST OFFICE 02 CLOSET & 2 BATHROOMS ** COMMENT ** INVOICE TOTAL: 1,500.00 VENDOR TOTAL: 1,500.00 PFPETT P.F. PETTIBONE & CO. 12156 12/19/06 01 POLICE-5,000 RACIAL PROFILE 01-210-65-00-5809 00303764 01/23/07 230.55 PRINTING & COPYING 02 STICKERS ** COMMENT ** INVOICE TOTAL: 230.55 VENDOR TOTAL: 230.55 PRINTPER PRINT PERFECT 00049402 12/08/06 01 ADMIN-300 CHRISTMAS CARDS 01-110-64-00-5607 00101871 01/23/07 1,043.00 PUBLIC RELATIONS INVOICE TOTAL: 1,043.00 VENDOR TOTAL: 1,043.00 P19 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PROVENA PROVENA SAINT JOSEPH HOSPITAL 543 01/01/07 01 ADMIN-JAN-MARCH 01-110-61-00-5310 01/23/07 768.75 EMPLOYEE ASSISTANCE INVOICE TOTAL: 768.75 VENDOR TOTAL: 768.75 QUILL QUILL CORPORATION 3161874 12/19/06 01 ADMIN-LABELS, POST ITS, TAPE, 01-110-65-00-5802 01/23/07 88.83 OFFICE SUPPLIES 02 ENVELOPES, CARD PROTECTORS ** COMMENT ** INVOICE TOTAL: 88.83 3282571 12/27/06 01 BLDG/ZONE-SHELVING 01-220-65-00-5804 01/23/07 138.58 OPERATING SUPPLIES INVOICE TOTAL: 138.58 3332480 12/28/06 01 ADMIN-RULER, CALENDAR, BINDER 01-110-65-00-5802 01/23/07 36.09 OFFICE SUPPLIES 02 CLIPS, LEAD ** COMMENT ** INVOICE TOTAL: 36.09 3359650 12/29/06 01 ADMIN-STORAGE BOXES 01-110-65-00-5802 01/23/07 21.41 OFFICE SUPPLIES INVOICE TOTAL: 21.41 3373690 01/02/07 01 ADMIN-THANK YOU CARDS 01-110-65-00-5802 01/23/07 14.95 OFFICE SUPPLIES INVOICE TOTAL: 14.95 3537615 01/05/07 01 ADMIN-W-2 FORMS 01-110-65-00-5802 01/23/07 12.14 OFFICE SUPPLIES INVOICE TOTAL: 12.14 VENDOR TOTAL: 312.00 SECGROUP SEC GROUP, INC. P20 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SECGROUP SEC GROUP, INC. 341661 12/27/06 01 ADMIN-TRAVEL DEMAND FORECAST 01-110-65-00-5800 01/23/07 11, 686.00 CONTINGENCIES INVOICE TOTAL: 11,686.00 VENDOR TOTAL: 11, 686.00 SHELL SHELL OIL CO. 065356230612 12/10/06 01 POLICE-FUEL 01-210-65-00-5812 01/23/07 3,968.90 GASOLINE INVOICE TOTAL: 3,968.90 VENDOR TOTAL: 3,968.90 STILLS STILLS & SON INC. 1717 12/29/06 01 WATER OP-BRAKES REPLACED 51-000-62-00-5409 00203637 01/23/07 317.93 MAINTENANCE - VEHICLES INVOICE TOTAL: 317.93 VENDOR TOTAL: 317.93 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 121506 12/15/06 01 ADMIN-BOND NOTICE 01-110-65-00-5810 01/23/07 934.83 PUBLISHING & ADVERTISING INVOICE TOTAL: 934 .83 VENDOR TOTAL: 934.83 TAPCO TAPCO 261735 12/28/06 01 MFT-STREET SIGNS 15-000-75-00-7007 01/23/07 77.90 SIGNS INVOICE TOTAL: 77.90 VENDOR TOTAL: 77.90 THYSSEN THYSSENKRUPP ELEVATOR CORP P21 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ THYSSEN THYSSENKRUPP ELEVATOR CORP 566543 01/01/07 01 MUNICIPAL BLDG-QTRLY PAYMENT 16-000-75-00-7204 01/23/07 468.45 BLDG MAINT - CITY HALL INVOICE TOTAL: 468.45 VENDOR TOTAL: 468.45 TINSTAR TIN STAR ELECTRONIC SERVICE 01770 12/18/06 01 POLICE-RADIO REPAIRS 01-210-62-00-5409 01/23/07 90.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 90.00 02603 12/18/06 01 POLICE-RADIO REPAIRS 01-210-62-00-5408 00303765 01/23/07 181.35 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 181.35 02616 12/19/06 01 POLICE-M18 CAMERA & RADAR 01-210-62-00-5409 01/23/07 63.50 MAINTENANCE - VEHICLES 02 REPAIRS ** COMMENT ** INVOICE TOTAL: 63.50 INST136245 12/19/06 01 PD CAPITAL-M1 INSTALL 20-000-75-00-7006 00303766 01/23/07 778.70 CAR BUILD OUT 02 EMERGENCY EQUIPMENT ** COMMENT ** INVOICE TOTAL: 778.70 VENDOR TOTAL: 1,113.55 TRAFFIC TRAFFIC CONTROL CORPORATION 0000024221 12/15/06 01 STREETS-FLASHER CABINET 01-410-62-00-5415 00203473 01/23/07 325.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 325.00 VENDOR TOTAL: 325.00 TRIAD LAW ENFORCEMENT FOUNDATION OF P22 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TRIAD LAW ENFORCEMENT FOUNDATION OF 121406 01/09/07 01 POLICE-TRIAD CONFERENCE FEE 01-210-64-00-5604 01/23/07 110.00 TRAINING & CONFERENCE INVOICE TOTAL: 110.00 VENDOR TOTAL: 110.00 UNIFIED UNIFIED SUPPLY 0117852-IN 12/12/06 01 STREETS-ST. LIGHT SUPPLIES 01-410-62-00-5415 01/23/07 19.54 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 19.54 0117920-IN 12/14/06 01 STREETS-RED BUSH 01-410-65-00-5804 01/23/07 4.60 OPERATING SUPPLIES INVOICE TOTAL: 4.60 VENDOR TOTAL: 24.14 UNIQUEPR UNIQUE PRODUCTS & SERVICE 157888-1 12/28/06 01 WATER OP-MATTING 51-000-62-00-5407 00203634 01/23/07 306.00 TREATMENT FACILITIES O&M INVOICE TOTAL: 306.00 VENDOR TOTAL: 306.00 UNITED UNITED LABORATORIES 44371 12/12/06 01 WATER OP-LIQUID SUNSHINE 51-000-62-00-5407 00203631 01/23/07 217.51 TREATMENT FACILITIES O&M INVOICE TOTAL: 217.51 VENDOR TOTAL: 217.51 UPS UNITED PARCEL SERVICE 00004296X2506 12/16/06 01 ADMIN-5 PACKAGES SHIPPED 01-110-65-00-5808 01/23/07 80.32 POSTAGE & SHIPPING P23 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ UPS UNITED PARCEL SERVICE 00004296X2506 12/16/06 02 WATER OP-5 PACKAGES SHIPPED 51-000-65-00-5808 01/23/07 88.80 POSTAGE & SHIPPING INVOICE TOTAL: 169.12 00004296X2516 12/23/06 01 ADMIN-6 PACKAGES SHIPPED 01-110-65-00-5808 01/23/07 102.00 POSTAGE & SHIPPING 02 WATER OP-1 PACKAGE SHIPPED 51-000-65-00-5808 18.06 POSTAGE & SHIPPING INVOICE TOTAL: 120.06 00004296X2526 12/30/06 01 ADMIN-2 PACKAGES SHIPPED 01-110-65-00-5808 01/23/07 37.21 POSTAGE & SHIPPING 02 POLICE-1 PACKAGE SHIPPED 01-210-65-00-5808 10.06 POSTAGE & SHIPPING INVOICE TOTAL: 47.27 VENDOR TOTAL: 336.45 USBANK U.S. BANK 2003-B-07 12/28/06 01 DEBT SVC-INTEREST 42-000-66-00-6003 01/23/07 41,897.50 IRBB-BRUELL ST. INTEREST P 02 DEBT SVC-PRINCIPAL 42-000-66-00-6004 80,000.00 IRBB-BRUELL ST. PRINCIPAL 03 STREETS-BOND & TRUSTEE FEE 01-410-62-00-5401 1,674.02 CONTRACTUAL SERVICES INVOICE TOTAL: 123,571.52 VENDOR TOTAL: 123,571.52 VSP VISION SERVICE PLAN 121906 12/19/06 01 ADMIN-JAN. VISION PLAN 01-110-50-00-5205 01/23/07 884.60 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 884.60 VENDOR TOTAL: 884.60 P24 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WALDENS WALDEN'S LOCK SERVICE 7729 12/11/06 01 POLICE-4 LOCKS 01-210-65-00-5802 01/23/07 57.00 OFFICE SUPPLIES INVOICE TOTAL: 57.00 VENDOR TOTAL: 57.00 WALMART WALMART COMMUNITY 122206-CITY 12/22/06 01 ADMIN-COFFEE POT, PLATES, 01-110-65-00-5804 01/23/07 217.18 OPERATING SUPPLIES 02 NAPKINS, CUPS, UTENCILS ** COMMENT ** INVOICE TOTAL: 217.18 VENDOR TOTAL: 217.18 WASTE WASTE MANAGEMENT 2592834-2011-7 01/01/07 01 HEALTH & SANITATION-DECEMBER 01-540-62-00-5442 01/23/07 62,988.48 GARBAGE SERVICES INVOICE TOTAL: 62,988.48 VENDOR TOTAL: 62,988.48 WHOLTIRE WHOLESALE TIRE 117047 12/20/06 01 POLICE-M3 TIRE MOUNT 01-210-62-00-5409 01/23/07 16.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 16.50 117060 12/20/06 01 POLICE-M5 TIRE REPAIR 01-210-62-00-5409 01/23/07 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 117073 12/21/06 01 POLICE-M4 WIPER BLADES 01-210-62-00-5409 01/23/07 30.88 MAINTENANCE - VEHICLES INVOICE TOTAL: 30.88 117128 12/28/06 01 POLICE-M4 BATTERY 01-210-62-00-5409 01/23/07 79.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 79.95 P25 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WHOLTIRE WHOLESALE TIRE 117194 01/04/07 01 POLICE-M16 BATTERY 01-210-62-00-5409 01/23/07 89.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 89.95 VENDOR TOTAL: 232.28 WOLFCOMP WOLF & COMPANY 57287 12/31/06 01 ADMIN-AUDIT 01-110-61-00-5304 01/23/07 13,800.00 AUDIT FEES & EXPENSES INVOICE TOTAL: 13,800.00 57288 12/31/06 01 ADMIN-AUDIT 01-110-61-00-5305 01/23/07 1,610.00 ACCOUNTING ASSISTANCE INVOICE TOTAL: 1, 610.00 VENDOR TOTAL: 15,410.00 WTRPRD WATER PRODUCTS, INC. 0196000 12/20/06 01 WATER OP-4 CLAMPS 51-000-65-00-5804 00203635 01/23/07 596.09 OPERATING SUPPLIES INVOICE TOTAL: 596.09 0196001 12/20/06 01 WATER OP-630 METERS 51-000-75-00-7508 00203635 01/23/07 4,530.00 METERS & PARTS INVOICE TOTAL: 4,530.00 0196110 12/29/06 01 WATER OP-4 CLAMPS 51-000-65-00-5804 00203635 01/23/07 562.97 OPERATING SUPPLIES INVOICE TOTAL: 562.97 VENDOR TOTAL: 5, 689.06 WYETHATY JOHN JUSTIN WYETH 821 01/08/07 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 01/23/07 3,337.50 LEGAL SERVICES INVOICE TOTAL: 3,337.50 P26 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WYETHATY JOHN JUSTIN WYETH 823 01/08/07 01 ADMIN-EDC LEGAL MATTERS 01-110-61-00-5300 01/23/07 1,162.50 LEGAL SERVICES INVOICE TOTAL: 1,162.50 824 01/08/07 01 ARO-LANDFILL LEGAL MATTERS 01-000-13-00-1375 01/23/07 187.50 A/R LANDFILL INVOICE TOTAL: 187.50 825 01/08/07 01 ADMIN-P. WORKS LEGAL MATTERS 01-110-61-00-5300 01/23/07 150.00 LEGAL SERVICES INVOICE TOTAL: 150.00 826 01/08/07 01 ARO-MILLAZZO 01-000-13-00-1372 01/23/07 412.50 A/R - OTHER INVOICE TOTAL: 412.50 827 01/08/07 01 ARO-MENARDS COMMERCIAL 01-000-13-00-1372 01/23/07 187.50 A/R - OTHER INVOICE TOTAL: 187.50 828 01/08/07 01 ARO-CORNEILS & 47 01-000-13-00-1372 01/23/07 225.00 A/R - OTHER INVOICE TOTAL: 225.00 830 01/08/07 01 ARO-HARLEM IRVING 01-000-13-00-1372 01/23/07 150.00 A/R - OTHER INVOICE TOTAL: 150.00 VENDOR TOTAL: 5,812.50 YORKACE YORKVILLE ACE & RADIO SHACK 104122 11/11/06 01 STREETS-BOLTS 01-410-65-00-5804 01/23/07 12.30 OPERATING SUPPLIES INVOICE TOTAL: 12.30 P27 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKACE YORKVILLE ACE & RADIO SHACK 105099 11/15/06 01 STREETS-BULBS 01-410-65-00-5804 01/23/07 12.47 OPERATING SUPPLIES INVOICE TOTAL: 12.47 105100 11/15/06 01 STREETS-CHAIN 01-410-65-00-5804 01/23/07 12.90 OPERATING SUPPLIES INVOICE TOTAL: 12.90 105998 12/15/06 01 STREETS-FORK, RAKES 01-410-62-00-5415 01/23/07 72.97 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 72.97 106098 12/20/06 01 STREETS-CHAIN 01-410-65-00-5804 01/23/07 3.00 OPERATING SUPPLIES INVOICE TOTAL: 3.00 106242 12/27/06 01 MUNICIPAL BLDG-FURNANCE FILTER 16-000-75-00-7204 01/23/07 9.90 BLDG MAINT - CITY HALL INVOICE TOTAL: 9.90 VENDOR TOTAL: 123.54 YORKGFPC YORKVILLE GENERAL FUND 011007 01/10/07 01 ENG-PLAT COPIES 01-150-65-00-5809 01/23/07 5.50 PRINTING & COPYING 02 ENG-REGISTERED LETTER 01-150-62-00-5401 8.34 CONTRACTUAL SERVICES INVOICE TOTAL: 13.84 VENDOR TOTAL: 13.84 YORKLIBR YORKVILLE PUBLIC LIBRARY 123106-DEVLOP 01/05/07 01 TRUST & AGENCY-DEC DEV. FEES 95-000-78-00-9009 01/23/07 10,900.00 LIBRARY DEV FEE PAYMENTS INVOICE TOTAL: 10,900.00 P28 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKLIBR YORKVILLE PUBLIC LIBRARY 123106-PPRT 01/05/07 01 ADMIN-DEC PPRT TAX 01-000-40-00-4010 01/23/07 234.66 PERSONAL PROPERTY TAX INVOICE TOTAL: 234.66 VENDOR TOTAL: 11,134.66 YORKNAPA YORKVILLE NAPA AUTO PARTS 775609 12/04/06 01 ENG-DEICER 01-150-62-00-5409 01/23/07 2.22 MAINTENANCE-VEHICLES INVOICE TOTAL: 2.22 775941 12/06/06 01 WATER OP-OIL & AIR FILTERS 51-000-62-00-5409 01/23/07 104.22 MAINTENANCE - VEHICLES INVOICE TOTAL: 104.22 776096 12/07/06 01 WATER OP-FILTERS 51-000-62-00-5409 01/23/07 32.15 MAINTENANCE - VEHICLES INVOICE TOTAL: 32.15 776167 12/07/06 01 WATER OP-FILTER, SPARK PLUG 51-000-62-00-5409 01/23/07 23.37 MAINTENANCE - VEHICLES INVOICE TOTAL: 23.37 776175 12/07/06 01 SEWER OP-GAS FILTER 52-000-62-00-5409 01/23/07 3.36 MAINTENANCE-VEHICLES INVOICE TOTAL: 3.36 776564 12/11/06 01 WATER OP-AIR FILTER 51-000-62-00-5409 01/23/07 32.45 MAINTENANCE - VEHICLES INVOICE TOTAL: 32.45 776687 12/12/06 01 WATER OP-MAT 51-000-62-00-5409 01/23/07 88.90 MAINTENANCE - VEHICLES INVOICE TOTAL: 88.90 P29 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 777391 12/18/06 01 WATER OP-AIR FILTER 51-000-62-00-5409 01/23/07 -25.61 MAINTENANCE - VEHICLES INVOICE TOTAL: -25.61 777962 12/22/06 01 POLICE-ATF FLUID 01-210-62-00-5409 01/23/07 2.09 MAINTENANCE - VEHICLES INVOICE TOTAL: 2.09 VENDOR TOTAL: 263.15 YORKPDPC YORKVILLE POLICE DEPT. 010507 01/05/07 01 POLICE-BACKGROUND CHECK 01-210-64-00-5607 01/23/07 40.00 POLICE COMMISSION 03 POLICE-CLOTHING 01-210-62-00-5421 22.00 WEARING APPAREL 04 POLICE-ALCOHOL COMPLIANCE 01-210-64-00-5605 59.65 TRAVEL EXPENSES 05 POLICE-MONEY ORDERS, SHOE 01-210-65-00-5804 47.98 OPERATING SUPPLIES 06 POLISH & CLOTHES ** COMMENT ** INVOICE TOTAL: 169.63 VENDOR TOTAL: 169.63 YORKPOST YORKVILLE POSTMASTER 122906-NEWS 12/29/06 01 WATER OP-NEWLETTER 51-000-65-00-5808 01/23/07 503.87 POSTAGE & SHIPPING 02 ADMIN-NEWSLETTER 01-110-65-00-5808 167.96 POSTAGE & SHIPPING INVOICE TOTAL: 671.83 VENDOR TOTAL: 671.83 YORKPR YORKVILLE PARK & RECREATION 013106-TRANSFER 01/05/07 01 ADMIN-JAN TRANSFER 01-110-99-00-9940 01/23/07 87,177.25 TRANSFER TO PARK & RECREAT INVOICE TOTAL: 87,177.25 P30 DATE: 01/10/07 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 15:44:12 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/23/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKPR YORKVILLE PARK & RECREATION 123006-CAPITAL 01/05/07 01 TRUST & AGENCY-DEC CAPITAL 95-000-78-00-9012 01/23/07 1,200.00 PARKS/REC CAPITAL PAYMENTS INVOICE TOTAL: 1,200.00 VENDOR TOTAL: 88,377.25 YORKSCHO YORKVILLE SCHOOL DIST #115 123106 12/31/06 01 TRUST/AGENCY-SCHOOL LAND CASH 95-000-78-00-9011 01/23/07 107,530.46 SCHOOL LAND CASH PMTS 02 NOVEMBER & DECEMBER ** COMMENT ** INVOICE TOTAL: 107,530.46 VENDOR TOTAL: 107,530.46 YORKSELF YORKVILLE SELF STORAGE, INC 020107 01/05/07 01 MUNICIPAL BLDG-FEB STORAGE 16-000-75-00-7203 01/23/07 150.00 BLDG IMPROVEMENTS-PUBLIC W INVOICE TOTAL: 150.00 020107-PD 01/05/07 01 POLICE-FEBRUARY STORAGE 01-210-65-00-5804 01/23/07 75.00 OPERATING SUPPLIES INVOICE TOTAL: 75.00 VENDOR TOTAL: 225.00 YOUNGM YOUNG, MARLYS 113006-LANDFILL 11/30/06 01 ARO-11/30 LANDFILL MINUTES 01-000-13-00-1375 01/23/07 138.25 A/R LANDFILL INVOICE TOTAL: 138.25 120606-ZONE 12/06/06 01 ADMIN-ZONING BOARD MINUTES 01-110-62-00-5401 01/23/07 68.00 CONTRACTUAL SERVICES INVOICE TOTAL: 68.00 VENDOR TOTAL: 206.25 TOTAL ALL INVOICES: 651,220.29 P31 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 116/07 SOCIAL REGULAR OVERTIME TOTAL IMRF SECURITY TOTALS ADMINISTRATION $26,447.26 $101.33 $26,548.59 $1,972.24 $2,002.79 $30,523.62 ENGINEERING $10,342.82 $0.00 $10,342.82 $787.09 $776.00 $11,905.91 POLICE $69,436.25 $7,643.16 $77,079.41 $429.74 $5,860.64 $83,369.79 C. DEVELOPMENT $8,651.26 $0.00 $8,651.26 $658.36 $658.24 $9,967.86 PUBLIC WORKS $26,702.86 $1,825.98 $28,528.84 $2,171.05 $2,177.55 $32,877.44 PARKS $12,846.69 $0.00 $12,846.69 $977.62 $976.25 $14,800.56 RECREATION $17,243.36 $0.00 $17,243.36 $1,235.10 $1,317.57 $19,796.03 LIBRARY $10,820.00 $0.00 $10,820.00 $432.50 $827.69 $12,080.19 TOTALS $182,490.501 $9,570.47 $192,060.97 $8,663.70 $14,596.73 $215,321.40 TOTAL PAYROLL 1/6/2007 $215,321.40 TOTAL INVOICES 1/23/2007 $651 ,220.29 TOTAL DISBURSEMENTS $866,541.69 ♦,�E� C�T� Reviewed By: J O� Le al� ❑ City Council � g _ Finance ❑ Esr. , � less Engineer ❑ City Administrator El Agenda Item Tracking Number Gi i;— �O Consultant aoo l'C' KWdW ALE ��'♦, ❑ City Council Agenda Item Summary Memo Title: Park Naming Request for Prairie Meadows , City Council/Committee of the Whole Date: January 16, 2007 Synopsis: A park naming request was submitted for the'.park. site in Prairie Meadows. The Park Board reviewed the request at its December 14, 2006 meeting and directed it move on to City Council with a recommendation for approval. Council Action Previously Taken: None Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approve the name of "Riemenschneider Park" for the park site in Prairie Meadows. Submitted by: David Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: The park site in Prairie Meadows will have a firefighter theme. Staff has worked closely with the Bristol Kendall Fire Department in the design and plans for the park. A park naming request was submitted to the Park Board to name the park "Riemenschneider Park" to recognize a local family that has produced nine volunteer firefighters through the past 60 years. The Park Board believes the name satisfies the criteria established in the "Naming of Parks Policy" and that it is a fitting name given the park theme. YORWILLE PARKS d RECREAMON Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep(Waol.com Administration Office: 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 fax PARK NAMING APPLICATION Person completing application [Mulb( s On behalf of(person or organization) Address of person completing application 4161 Ki is,r w s-( loav'llc- Q- Phone Number: Home Suggested Name a 0 e_In tnse4%vNe1Ue r CewOV PARK Park, location, facility to be considered for naming: Ne%j -;te_ +L," r AQkL t y sic Please explain why this name should be considered (please use back of application or attach additional sheets if necessary). ce C r If naming after a person please verify that the person or his immediate surviving family have been contacted: Person Contacted 5;A Ae( Phone Number Date contacted: Ibll , By whom: Am 5e OFFICIAL USE Date Received: By whom: Request Verified by Staff Schedule for Park Board Review: Date: Action City Council Date: Action: Dedication Name on Signage Location of Park, Facility, Building,thoroughfare: To whom it may concern For many years the Bristol Kendall Fire Department depended solely on volunteers not only to put out fires and go to car accidents,but be involved with the community with events such as our annual pancake breakfast that we do the first Sunday in June,the fourth of July every year in the park,the spaghetti dinners, and pork chop dinners that are held every fall to coincide with fire prevention week. It takes a lot dedication and commitment to be a volunteer fire fighter, in fact it is getting harder and harder to find the right person to fill that roll. Fortunately, this community has been blessed for many years by the Riemenschneider family, which has had a long standing tradition of being members of the Bristol Kendall Fire Department. This goes back before the Bristol-Kendall Fire Department existed,back when there were still horses that pulled the pumpers with the water to fight the fires. Today with two state of the art fire stations we still have three members of this family active on our department. There is one family member waiting to become old enough to become a member of our department. Over the years the Riemenschneiders have been business owners and left what they were doing to help serve the community.Members of the family have held officer status ranging from assistant chief, safety officer, captain, and lieutenant. At one time there were three father and son members serving at the same time. For the past 60 plus years we have had the honor of R.J.,Max,Vern,Art, Craig, Scott,Darryl, Brandon, and Bob (Lynd) serving our department as well as our community. The membership of the Bristol-Kendall Firefighters Association think that { by naming this park after them would be an honor to the Riemenschneider family, as well as a way to say thank you for all that this family has sacrificed over the years for other people. Sincerely, Matt Seng Firefighter/EMT-B Bristol-Kendall Fire Department • A1.1VKUVCU isY 1 n= COMMITTEE/BOARD YORNVllLE ( ^\ PARKS d RECREA*MW Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: vorkrecdepO-aol.com Administration Office: 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 fax NAMING OF PARKS POLICY The purpose of the "Naming of Parks Policy" is to provide consistent direction for naming park property and improvements within the United City of Yorkville. Any citizen, group, city official, or staff may request or recommend a name for a park, building, structure or thoroughfare within designated park property. The proposed name is to be submitted in writing on an application form to the Executive Director of Park and Recreation or Park Board Chairperson. All applications will be consider at their next regularly schedule meeting of the Park Board. Upon Park Board approval and recommendation, subject proposal will than be presented to the City Council for acceptance. If accepted by the City Council, a dedication will take place within 90 days of approval. The following criteria will be used when considering the selection of park related names: 1) Any person living or deceased, who has made a significant contribution in support of the United City of Yorkville, the Park and Recreation Department operation, the state or national park system, conservation of natural resources or in the recreation profession. 2} Any organization that contributed significantly toward improving the quality of life for the residents of the United City of Yorkville, state or national park, conservation of natural resources or the recreation profession. 3) The proposed name for any park building, structure or thoroughfare within a park must be authorized by a sworn statement from the person whose name is being proposed, or if the person is deceased, the person's immediate surviving family members. Organizations wishing to present a proposed name for any park building, structure or thoroughfare must submit a sworn statement signed by the current President and Secretary of said organization. 4) No park or recreation facility or property can be named after any public official currently holding office or person currently employed by the United City of Yorkville. 5) Names that would duplicate the name of another park, building or structure, or thoroughfare within the United City of Yorkville will not be considered. Also, names that advocate or endorse religion, religious beliefs, posses obscene connotations, or demean or attempt to intimidate any individual or group based on race, ethnicity, age, gender, disability, or sexual orientation within the United City of Yorkville will not be considered. 6) The Park Board and staff will review and discuss the naming of park submittals during their regular monthly meeting. Upon their consideration, the Park Board will seek a majority vote in favor of naming a park, facility, structure, or thoroughfare. A recommendation, on.behalf of the Park Board, will then be taken to the City Council for final approval. The Park Board may direct/suggest staff to conduct public contests for the naming of parks, buildings, structures, or thoroughfares within City park property. Exceptions to this policy may be considered upon recommendations by the Park Board with approval of the City Council.