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Committee of the Whole Packet 2007 02-20-07 United City of Yorkville �� 1u Ott 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 �;A �� r'j� p Fax: 630-553-7575 4k. AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, February 20, 2007 6:00 p.m. City Conference Room Public Hearing: None Presentation: 1. Introduction of Hearing Officer 2. ADM 2007-17 FY 2005/2006 Audit Economic Development Committee: 1. EDC 2007-04 Building Permit Reports for January 2007 2. ZBA 2006-99 Pearl Vision Sign Variance 3. PC 2006-101 Lot 4 Baker's Subdivision— 1.5 Mile Review 4. PC 2007-02 Yorkville Market Square— Final Plat 5. PC 2006-98 Yorkville Market Place—PUD Amendment and Court Decree Amendment 6. EDC 2007-05 Yorkville Market Place— Economic Incentive Agreement 7. PC 2006-92 & PC 2006-93 Rush-Copley— PUD Agreement, Concept PUD Plan, and Preliminary PUD Plan 8. PC 2006-16 MPI Yorkville South— Annexation 9. EDC 2007-06 Sunflower Estates—Acceptance of Property 10. EDC 2007-07 Sunflower Estates Establishing Ordinance Page 2 Committee of the Whole February 20, 2007 Public Works Committee: 1. PW 2007-14 Water Department Report for November 2006 2. PW 2007-15 Water Department Report for December 2006 3. PW 2007-16 Walnut Plaza— Letter of Credit Expiration 4. PW 2007-17 Grande Reserve Unit 14— Letter of Credit Expiration 5. PW 2007-18 Grande Reserve Unit 15 — Letter of Credit Expiration 6. PW 2007-19 Grande Reserve Units 20 & 21 — Letter of Credit Expiration 7. PW 2007-20 Grande Reserve Units 23, 26 & 27 — Letter of Credit Expiration 8. PW 2007-21 Saravanos Development— Sitework Letter of Credit Expiration 9. PW 2007-22 Raintree Village Unit 1 — Letter of Credit Expiration 10. PW 2007-23 Raintree Village Unit 2 — Letter of Credit Expiration 11. PW 2007-24 Raintree Village Unit 3 — Letter of Credit Expiration 12. PW 2007-25 Raintree Village Unit 4 — Letter of Credit Expiration 13. PW 2007-27 Raintree Village (Rt. 126 Temporary Entrance) — Letter of Credit Release 14. PW 2007-28 Raintree Village (Rt. 126 Improvements) — Bond Reduction #1 15. PW 2007-29 Windett Ridge — Public Improvement Bond Reduction #3 16. PW 2007-30 Autumn Creek Offsite Sanitary Sewer— Final Acceptance 17. PW 2007-31 IDOT Highway Permit and Resolution— Raging Waves (Rt. 47 Watermain Crossings) 18. PW 2007-32 IDOT Highway Permit and Resolution—Autumn Creek (Rt. 34 Improvements) 19. PW 2007-33 IDOT Highway Permit #4 and Resolution— Kendall Marketplace (Rt. 34 Improvements) 20. PW 2007-34 Raymond Storm Sewer Outfall — Change Order#2 21. PW 2007-35 Countryside Interceptor— Change Order#1 22. PW 2007-36 Temporary Easement— 308 W. Van Emmon Street Page 3 Committee of the Whole February 20, 2007 Public Works Committee (con't): 23. PW 2007-37 In-Town Road Program (Phase 2) — Request for Design Fees 24. PW 2007-38 Traffic Signal Maintenance Agreement— Amendment #1 25. PW 2007-39 Rob Roy Creek Interceptor (North Branch Contract 2) — Construction Inspection 26. PW 2007-40 Engineering Department— Vehicle Purchases 27. PW 2007-41 Results of Sealed Bid for New Wheel Loader 28. ADM 2007-07 Mechanic Job Description 29. PW 2007-42 SW Corner Route 47 and Corneils Rd. — Plat of Dedication 30. PW 2007-43 Fox Road Sidewalks Detail Board Report (Bill List): Park Board: 1. No Report. Mayor: 1. Discuss Public Works Committee Meetings 2. Community Relations Manager— Job Description Update City Council Requests: 1. KenCom Intergovernmental Agreement Additional Business: Reviewed By: Agenda Item Number 2 O J Legal ❑ "RrC,E-SETS TA T I cQ Finance ❑ EST. 1836 � = Engineer ❑ City Administrator F-1 Tracking Number 20 Consultant 1:1 LE<C ,��,� Human Resources ❑ �'� `�1 �- ' / E City Council Agenda Item Summary Memo Title: FY 05/06 Audit City Council/COW Agenda Date: COW 2/20/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Susan Mika Administration Name Department Agenda Item Notes: iii%J1�; h•,. %%:::^r,�i:ii!iiijit;:u.5 •'f is�%}t?'t%1:5' �Vrno UNITED CITY OF YORKVILLE, MANAGEMENT I; APRIL °h`•=s:2.c ''`��;n,5b��55i:5iiS'uF"�}t�r' �-:: i�s .Lix9:.r}e=:ni;%4N'.• -^:P}F?;: �3r'�`•-�:sJw:;. - - !?}`u==tii?i}i:• "1it}.+'i 4�°'ti�i':rs'e'�i-`,•:F' "_ ':ii'':r$?`'a�'Se'•°ir.2FS'":'`ti^:;-. iir3�-::; `•.':C:F'• :-',Y�..�'.';.'~.f _ 'sn::....J:,15i '�-'Sig�iA?:i'''ir.•s:�i i* is-i';n �•::as?cam'.` •i!4�i:'^�': ^ JY�t:.y{x» ..;fn;:aSi'i•'i{�::'iik ••:::.f i r�is;c: »'1'{:l+ •'.TJ`' - s iE' ,',a,'f -.xr}}Y::i�s r'=inn`i'r.:..,, r`:"u::ui�':`.:,•it' ''Siiiik°%i^:=.•v "6=Bart;s?:r _ '"i'•;lj5ti ii�:'i,.. .;vl'�?is.' 'i!:i�e ?Y�Cr..4`�'}rt.,.^i:.. :r.-v: :iii.. •er i:r:::�:y;?.rt:�:r .•;4J�=.+ �iiY'rt. !'.14SFrp�?i}.i:s`:�:kY ......:::.::::. •Snr... rte .ic'""c-� is:"'i'yui�ir' "i';E}%�i:��:. *5,•�4:. •r`�'':'"�; .ai%:v';:;•}'.:JTrt ::i:r� Jiu, :'•°a:i�:Sr x.;., �u_.s:un' .:'eY,'yile'.Y°'°...., Yf'!i�• .:t'i^?Cj'•iit s�}%" Sya}!};�v` y32tir`!T -::,:s? .::F.ji::.a:x�e�S`fi:i: •iyi;i;;:�''r: R'rhr' :'Sfiici z:;iq: 5}iY•z'ii'�' .r�'::ii rt'�'�sia}i:., :?, .'�'!^;" •f�Ct}�ypd'ic: UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 Vi it CONTENTS gi ° _. Management Letter Introduction......................................... :`` '':' :,::. 1 Recommendations for Improvement........................................... <.. .:: ayk. :........................ New Pronouncements....................................................... , :x tw ; .................................... 5 Am tit tillti tit., ... - i ii�iii•' :ii!Fc:ii:' v:r ................... ..;..:........._ ji it r y�yer , diX^5:^i ,q�:?44FFti nib: To the Honorable Mayor and Members of the City Council United City of Yorkville,Illinois - ;. In planning and performing our audit of the financial statemiof tj City of Yorkville, Illinois for the year ended April 30,2006,we considex.,',,i s irate of in order to determine our auditing procedures for the purpose of expressing' ?inionrc = ie financial statements and not to provide assurance on internal control. However, ed cerft=natters involving internal control and its operation that we consider to be # .: ufider s{E `1rds established by the American Institute of Certified Public A661--j fs=" .4 sx �;:` n L i Reportable conditions involve matters co rag attertt�gz me ating ta.".., ficari :.. ?encies in �s t the design or operation of internal co�t .�=thaf'� ,��tu' judgment, adverse�_��.'. the organization's ability to record,process, r� an wort fina��'data consistent v�the ^in.n-::.,::;+_ :.*sia:ji'' .•_'.`'•'iii, assertions of management in the firnaxicial s{ r;= A material weakness is a condition T. € sign or operation o t more of internal ...k. 'itijin w i^•xn., •�i^Y�1`ynni::;q,.;i. ::Ea. control components does not r. t to' vuv level tic that misi�nts caused by error or fraud in amounts that" 1�:be'ilal in relatio = NOR ;fr go. l'cements being audited may occur and not be detecf&-1-:;! n AN ely period b ` 1631 y normal course of performing their assi ed functions. w; n:? ' Our consideration obi teria l itrol we ?'not nece anf"I se a1f tters in internal control .::. ..r.t-.:::::•: :.. that might be repQ +1e concifcordin �;vould scarily disclose all reportable ..t.. .n...., ".r. ... _.... ,. conditions that : lso co idere"cl< ,. materia�•t s as` Tied above. However,we ;:::: •:.....:::... '•::: •.,:.:"- •t'xt believe that th ` orta a cbnditio ire a 1Y 1 weakness. �. t, .i.:i,+•Eire 'R•��F.i �: � , `° a: ,E• .iriz-'t5i,' iu.,-.'.:.-ii:+'sry i...:: ' Bank recoxeitionsrot pleted q ; nont #` is th' ighout the year or independently ``'``` done in, ;ari' en of`°` `F conciliatio `"'rocess. In addition manual journal reviewe sip: l; ' `::-..,. j entries,.-, ie noted ar approved`lnaeone iztendent of the journal entry posting :..."..i:.: ..... ;�,T:_ '`'� proce�s�'--tht ; ice ent review there is ,for; x tentionaI or un intentional errors. S}FSi,`??EFi' t`y, •':i;'?;i`ia,,5in.i 1. In addition, during our audit we became aware of additional matters that are opportunities for strengthening internal control and operating efficiency. The memorandum that accompanies this letter summarizes our comments and suggestions regarding those matters. This lettd es not affect our report dated January 5,2007,on the financial statements of the United City of York Illinois. This report is intended solely for the information and use of the Mayor,Members-tti#.`tl ;:t`;r: Council and management, and is not intended to be and should not be used by any9pap1 ier than tfi` ecified parties. -:?;ratty Crowe Clu and Com L... L LC Oak Brook,Illinois '`s' ;t January 5,2007 si.tii iirt kk A", sdtii°:.:.iaii!i'i4�vFn+: 4jt�iy'`}`v .... a ._ •t..sj:.ark':::t.,^:... t'ist.5t",i 'o':r•.,,'-t"i^'�T^ rt-t:fit:'s. {t;'tSFrib _ va....:.•, 2. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 RECOMMENDATIONS FOR IMPROVEMENT R• a3r�laki 1. UTILITY LEDGER RECONCILIATION ` The utility accounts receivable sub-ledger is not recd tp ' pledger on a xs monthly basis. RECOMMENDATION We recommend that the utility accounts receivable"sedonciled to the general ledger on a monthly basis. Rg 2. UTILITY BILLING REGISTER ,,.....�::::. �`�;��'�� `�� '•'��=�;,:;::,�.,., � for .:- �:::nableness prior to There is no independent review of t'[etgs s jo the bills being mailed. RECOMMENDATION _ _ _? livi'i,tii;r' °_t��s-"`•'.:ti.c ':.d"ii;;iii.?ir _ 4N:s`i_; `3pied •45t:",qi= ,�. i_'iFcj . ::,, We recommend that someone i ?c�e : nt of die utilitpreion process review the utility billing re a riot to tlf } }fig mailed. ty g gisii:x as • ^ P 3. INVOICE APPROVAL .n•....�_i'�. 'tilt ;::... �^-' � .. ...;v_ �-r.s:;r. •:"- • �iC:jnt tbv=,'::.sir � .. Six of thirty three involoW control tes ;wt"., ]J�owed for payment. '".ir::e:'u"•?:k'a c,:4::;:•,Fisry�it'�•r RECOMM 1 ATION �i��•i• � We recstnerid tll invs be a ;iced �rpay' t.am Taus �[,:::::;-ice ` ... .._:..... ,n�}rrF y',fi,.'.• URES AC`. . ;•F * ;�L . 4. ACNTI :PRO M :'':,:. tw Therms : °; impre ive wr `; inR j@W es manual. n;n15, iVIME #A. ' 1 ON nitedn'~''"'rte "ville develo a com rehensive written tt that the U ...r_....: .Yss� P P e;d mting p-''bcedures manual. 5:'`:' i- =:CAPIM-ASSETS i= k °Capital Asset ledgers were not updated throughout the year on a regular basis. `RECOMMENDATION We recommend that Capital Asset ledgers be updated on a monthly basis. 3. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 6. COLLATERALIZATION °?: As of April 30,2006 the City's cash and investments wexe%q..p teralized $4,005 and the Library's cash and investments were under-c. t6raliz '. 055,683. RECOMMENDATION ; We recommend that the cash and investments . qx. ed ii'a °lance with policy. lit it ti =iti uli- lt till. ..,::..... ..�. ni:{2 rBh!ik' }iy - a :...:it.. ..,,...s tl 3irn lit!: fi`•.liii; .. !::R::... -..:...:..:.:..::::. lit fis- t till 4. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 EE ti- Y NEW PRONOUNCEMENTS -x=4 New GASB Standards N.R. `•iii:',it GASB 45 �:E'•4'S!!y .. ..,.•.��.:i:-iii F'. A future area of focus for the City will be the implementation of Gov e Aecouiing Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by l r for Postemployment Benefits Other Than Pensions.GASB Statement No.45,whichQ #ed in J ,will be effective fiscal year ended April 30, 2009. This statement establishes10wncinancial reporting standards for employers that participate in a defined benefit ottosp•:� ent benefit" (OPEB) plan.Specifically,the City will be required to measure lose` � Euit for annual OPEB cost on the accrual basis for health and insurance benefits that w-.18" ovidei a retired City's employees in future years. The City is also required to record a net OPEB oblig € rd as thnulative difference between annual OPEB cost and the employer's lntris :;#Q a plan,incluQPEB liability or `"' asset at transition,if an ' '':.r" .�tu.-�"': Y ='zfir. GASB 47 ,. t A future area of focus for the City wi = e;,un xien n of Govei�ct ,,f ccounting Standards Board("GASB")Statement No.47,Ac"'`' f � .� ,�tiori Benefits. GASB" fnt No.47,which was adopted in June 2005,will be effe .R #y 9: ci.al sta is for tli ` } eaz ended April :.... _. :4w =u.... ::n:;:."..:r r. �wntiir 30,2007.The objective of this state r _ __to�a, for termu ,li.0w �&;offere i the City to its employees. There are two es of ._,• types ��bents that apply1is prta�.�l �nent,voluntary and �:J:.6 r hkc ' ka:.i:F�. .ti,,7R:h•,•�iY':r..: involuntary. • Voluntary terminatio £its(farple,ear. etirec`nt should be reco ed as ....._.. :.., . :: ?'. a liability on tiancial;g when =der is atd die amount can be estimated. ty e :f;..'sk•z-�.., :F,: "s sit ^n4,"i'T 'G r'K`ity'i. %iii"r •i•°i• • lnvolunt f }5 anniniFi benits'(for example, se be nefits) should be recognized as a liability whf term ion has. with the authority to commit the City tom;; _ .....r:: ::', .g;.':' beennurucsit #A tl - nployees, and the amount can be ;tt eS ti .... _ ,.....i.,.:,.:..:.,.... .�,^;ir."4 If the Cif�;� ui l6 re .' liability for volurit =' # ; izntary termination benefits,the City will be required`` ` disclosi'`a description of the tenon benefit arrangement, the cost of the terr berief* nd significant methods and assumptions used to determine termination benefit ttt< rt:. 5. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 NEW PRONOUNCEMENTS (Continued) .... New Auditing Standards: SAS No.103,Audit Documentation This statement establishes standards and provides guidance on audit"d ntatiori:'."It provides a ':iii:: detailed explanation of the form,content and extent of audit ^. , dpcumentatioit i€ red for the audit to support the opinion,significant findings or issues,identificati �er and sever of workpapers and documentation of specific items tested. It is effective for ps iror after December 15, 2006. `i}.^, In addition to SAS 103,the Auditing Standards Board has ate fixed enew Statements on Auditing Standards (SASs) that provide guidance to auditor gn the ap tipn `the aurc ,:risk model in the planning and performance of the financial statem _ ;:were is;_Q.. March 2006 and will be effective for periods beginning on or aftgr Dec The new SASs require S e audit ors to obtain a n�ti€ ,in `` �:undei`-::.din of � "'�`�i ancl''"'`~` :� . q .....,....:.. : .: g :t�t�i: ty varonment, including internal control. This understan'syn ltria;dentify thk of material iititement in the financial statements (whether caused" tiifr 'and wi =tlie g C' ";?: s doing to'initi ate ? :,.. g these risks. The SASs also require a me � or misstatement based, & on the understanding obtained and=a ` zc lcag ='Eietween the` s risk and the nature, timing and extent of audit proceduxes'p zrx i onse to.:those risks." ;•; The SASs have - a e created i s cant nevi' r'i .. ... gnifi ax ,t�egtents. The i ;;,��frte ; ±;ta�:;w.allresult in an overall increased work effort b the e audit team:"' SAS No.104,Amendment td` ix�ent on Auc g Standa4 :` odifica �a of Auditing Standards and Procedures ("Due Pro '' mal e P ;:;: mane•cf,; Z. .,.iti ii�•: ii'i°•-•s, nisi ti�;�ii Key Copt: Di's reascsble assuranc = =; ' gh level of assurance. SAS No. 105 A in r x�t,,,.-o Stat r `nt on Aft--filig-W "Wrdsi' t:F:95, Generally Accepted Auditing Standards Key 0 nom:'"` Y - ;a,:` ., �'' '" :``tS the tzn fstandin that the au 1t st obtain ;. g ._fit from "internal control to the gnf `';mil:its environment,including its inte al control." e qual# end depth of the understanding that is to be obtained is amended from"planning audit"W assessing the risk of material misstatement of the financial statements whether . . "due to error or fraud and to design the nature, timing and extent of further audit rocedures." 6. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 NEW PRONOUNCEMENTS (Continued) SAS No.106,Audit Evidence Key concepts: // •......YS titre:-c�;.:.:.w'.;;Li'i^:ui'e • Defines audit evidence as all the information used ar s :wing at the conclusions on which the audit opinion is based." ='""`` >kaRI° P ts: ns • Recate orizes assertions by classes of transactions,, fount balaiic ""',• presentation and disclosure and describes how the auditor uses rel t�i w 1 to mss risk and design audit procedures. .�";�= ' • Defines relevant assertions as those assertions.-that haves aring on whether the account is fairly stated. ILL.- Provides additional dance on the reliability' "; us �' • gun ty`'`° �Q• lc�t of audit evidence. • Introduces the concept of risk assessmejq *g'0h@W0 ai~e necess ;-to provide a basis We 1AII ^5. m for assessing the risk of material missta :` 5f risk a $ment procedures, along with the results of additional; iAit W&Wxes,provide and c that supports Mug; the opinion on the financial state : ., r • Describes the type of audit pro s tI .be 'i as risl ssn pr+ Wes,tests of controls or substantive proce/� :n u . • Inquiry alone is not sufficient to ev Afto :des g� of intea contl rid to determine if it . ... has implemented. - a been , •i:ct`+3.n�si;.y SAS No.107,Audit Risk and Mate a#�}.J/''in`' i u"'# cfiif`'' Audit Ai';Si�Sii�tis'r%i1`•7� Key concepts: • The auditor must consider au"' ';,nand materiali ' t • iRd assess the risk of r`-.: material misstt. • The combiwd 69,6MM.ent of,rent ani � onfi 7isks APIRoned the risk of material misstate y rt±,•:. :: ax- rw::= 'rte:. .r-, .;. ;�~: • The au `` zst assns anc^€ ment the`'NO,.''t :zrial`iatement as a basis for further Jt: ,�:i: audit. dur max controlsk cairtcnger be assessed without having a basis -'iS�1-;!"ISY�1•�` `:.�T:k' .;',;ue;r4:=:i:R;:?:for that that a nt. ,:_ • Ad al` '" Ri d e.; it t7ne co ucatidiiii:: jno =or likely misstatements identified audits`::.. .. .. .... emeAt�: �. tlined. •:;'Midar ,appopriate audfot onsett -the types of misstatements identified is :..... ., r :...d: SAS rs # P1a :=, nd Supervision • L Concept: Provides guidance on the appointment of the independent auditor, ;;establishing an understanding with the City,preliminary engagement activities,the overall ��?��`` dit strategy, the audit plan, determining the extent of involvement of professionals `� zg�ssing specialized skills,using a professional possessing information technology(IT) 7. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 NEW PRONOUNCEMENTS (Continued) - skills to understand the effect of IT on the audit,additional coations in~th it' n audit engagement and supervision of assistants. SAS No.109, Understanding the En ti and Its Environment and Asse sn` f1ri'Vlisstatement Key concepts: - • Describes audit procedures that the auditor should.,-`"`�Yg'�'� ? # obtaixi" understanding of the City and its environment,including internal cone: • The audit team must discuss the susceptibility;of the .a_.:fc `statements to material misstatement. il • The purpose of obtaining an understandin g of'",- aril environment,including its internal control,is to identify and asses:'?tersC 'and design and perform further audit procedures resPte r :; _- • The risk of material misstatements ?t1 d"B17 ps ssed at both th f; 1 statement and relevant assertion level. ' • Provides de s dir on on how to tsi `' t the Ci: controls'= :z. � termine whether the controls are a dequye' nplemen • Directs the auditor to consider wh r' ;-p {f 0-assess ? ks ax..' cant risk gnifi s that require special audit considiki 'or' sks t> ; hich subs`:; ' tr ., poedures alone do not provide sufficient approp.".. c • Provides guidance on: umeari?i is- i cam .:.: e the past gruff t�Z.r eater tht was required in P SAS No. 110,Performing Audit Procedures--M Wse to Assessed R1sT€ ludtiig the Audit Evidence Obtained ?s K e concepts: - Y - - • Provide ,,:•:......:.:::. ,. i;?guidanc ;:.on fining over ;`; es'° i=' dress the risk of material misstaent at fin aniaT'statement level` s nature of those responses. sp• ..r ::: ,...... Requires cumenlitl n of t t ` . .,befi assessed risks : and re ..:,,�.:;.. further audit • P d dance•:`': _,:: ter Ail ::. cmd miniri ;� e nature, timing, and extent of audit : ceduudin `iistin certau` s,#antive :`:''``: edures $ that should be performed on all S'::'` '; A SAS ?;. .,• T.• ,,. are d nt to Statement on Auditing Standar 'No.39,Audit Sampling x ept: Provides guidance relating to the auditors ud ent about establishing J gm g ~,< ` olerable misstatement for a specific audit procedure and on the application of sampling to is of controls. 8. UNITED CITY OF YORKVILLE,ILLINOIS MANAGEMENT LETTER APRIL 30,2006 a, NEW PRONOUNCEMENTS (Continued) n`= ? '.• 'n"_' Finally,in addition to the risk based auditing standards referred to abovd,. No.112,C icating ME�r?_ s r Internal Control Related Matters Identified in an Audit was recently issued. :ifv =T" + ai ai tea:i^�'•r aa�w,i3�:s;^_'irniei: This SAS establishes standards and provides guidance on commum re o the City's internal control over financial reporting identified in an audit of financi s I r nts. It c e mes the terms significant deficiency and material weakness,provides guida` luatingeverity of control .r ?� ,x;...44... •_ deficiencies identified in an audit of the financial statements and"R"`..:'ii for to communicate,in e. writing, to management and those charged with govnance, ^JIFF.".. ^ ' `�r C� €ciencies and material '•fir^�a weaknesses identified in an audit. 1,0 y=n K. This statement is effective for periods ending after.: cetnber Ail _ iY!r• i:t��t•Y 4 may;{f��+ _ -:;i?d:r. .,•�iu•5_r. rratiu??�3v. :�•':,i;iFn:. .ytiY�.:,rte ......; iy513 3?yw?±"tic ^ .,.,[dti! `'•1';r' •'nc';`•t�5?i':,. 4`^+[ff'v��'•P:c'i.`^ ni'�f?.'::" "k%::., -sir.^' ^e.:r::. .:,x�G! r?c�}µ}•: er.':F siiLv^;w.v: •,.�.:�:.;u' ,.;i: `•3'i:•'�.' ... _ E='?s a;:. FF ra i. �-'iiF•�i:•e ARMY.n�iSr�? i :' :?,;,iry'-a•�•� <:ix"'is,'.r,.'Mi';xc.�1�`.�� : _ . : . Iq 9. UNITED CITY OF YORK�ZLLE,ILL' C)rr; FINANCIAL STATENIEI S it iS itt UNITED CITY OF YORKVILLE,ILLINOIS FINANCIAL STATEMENTS Year Ended April 30,2006 - Ri;.r?r CONTENTS , .:.:::°-. 0_:"-.'r FINANCIAL SECTION: i`" Independent Auditors Report........................................................... i=i=• . .... ; ...... 1 REQUIRED SUPPLEMENTARY INFORMATION .r:__ Fn-r i :.. 4. Management s Discussion and Analysis.................................;�,�.,,:.� :::.;-:� ;.r.........: �:................. _ . BASIC FINANCIAL STATEMENTS Government-Wide Financial Statements: - Statement of Net Assets.................................................: , . .. x ........... ................. 12 Statement of Activities................................ •:.. �. `` R_4•�,... ..........; 1 .............. 13 _:�s:•�_::• Fund Financial Statements: Balance She et-Governmental Funds<-, _ . .. .. 14 _ .•- ° t Reconciliation -- of Governmental ........ ..... 15 to Statement of Net Assets...............�`� ��`�;r. :r' «w.. k: Statement of Revenues,Expendi_.tures,a - .iri Fund Balances-Govemme a d,_• ` R r:: ':...................: Reconciliation of Statement.of R t s ` :..~ *re __ ';,.. ,. . .. And Changes in Fund Ba—Ms of' ennial Fundy ...• i.?L'•:L'.' •.................. 1 of Activitiesk a.xi ��...• To Statement R�i..:.�;-... ��.,.. ...� .� xii_ `' r _ .. 18 Statement of Net Assets-Proprie' Fund y±`........................ . �:�� :............ ... iE- Statement of Revenue Expenses an : i i"r.:.• Changes in Net 2NARM-.Pro rie :Funds.. .......... ............................. 19 Statement of C _Flow5' its riet ==funds. ...... 'i4,;s,.......: ::}:.............................. 20 .: . P Vii::::-C-•: _ t-i - .. 2 ..... s• r ..................... 1 Statement of F Net-A;i;a •rM:.. . =; .. ..�_:Y.° � r.., '- F.�. - Statement of inges NetAss t. d........... _.......... ::.. .............................................. 22 titit tit .iii=tee: =Tc' Notes tQial Sfax �:�::........... ......:..:. ...................................................... 23 t :... ..;... °::: :ai :..............:.: :;N. u ::iInformation: Re qu a . PP. ? :•.::..-- Budget: €parist°schedule-Schedule oes, f asndtsand Changes in Fund Balance, ,= :- �..,( dffi ft Basis)and Actual-General Fund................................ xi Bu ........................... " udgei Comparison Schedule-Schedule of Revenues, K }.: ==. Y= acitures and Changes in Fund Balance, et(Budgetary Basis)and Actual-Countryside TIF Fund............................................ 61 Budge .Comparison Schedule-Schedule of Revenues, Expenciires and Changes in Fund Balance, Budget(Budgetary Basis)and Actual-Library Fund............................................................ 62 IMRF-Schedule of Funding Progress......................................................................................... 65 IMRF-Schedule of Employer Contributions............................................................................. 66 UNITED CITY OF YORKVILLE,ILLINOIS FINANCIAL STATEMENTS Year Ended April 30,2006 CONTENTS Required Supplementary Information: (Continued) _ Police Pension-Schedule of Funding Progress and Schedule o of Employer er Con tributi Notes to Required Supplementary Information......................................:. :,.,.,, r.... 68 OTHER SUPPLEMENTARY INFORMATION: COMBINING AND INDIVIDUAL FUND FINANCIAL STAIEN `SCHEDULES General Fund: Schedule of Revenues-Budget(Budgetary Basis) an. d:A:~..�:�....,................ ......... y 70 Schedule of Expenditures-Budget(Budgets �;9 : fi 72 NONMA OR GOVERN MENTAL FUNDS ,-..'.` - - _ Combining Balance an c e Sh e et = Combining Statement ate ment of Revenues,nu es E x :....._.e_ .0. res` Ch an e s in Fund ..................... - 80 Motor o Fuel Tax Fund- Schedule :: v e ue°' .::: ..... _ :�..:::...;.: ,.,fix ��e ��u'es and Changes in Fund Balance=Ilt :`.``':: ;:, .Rasis)and Actu :Rw'`` 82 � . .......................... Police Equipment Capital Fun- e l ; "` dTevies,Expttlxe .._ and Chan bas 83 Changes m Fund Balance `' °" = - det(B ;tary is)axI' ................... Public c Works E ui menl Ca ital Fund= _~'- . q p p Sule of Re..yenues,'Fentres and Changes in Funcance-Budget,(Bardgetary.$as ,nd A :................................ 84 Parks& " Recrea ti o i Expenditures ::. :.. p ..ata1- red Sclie of 1es a�Man :es in Fl ce -Bud et d u. g 4 `and A'e al ........ Land Cash - a Fund � e of �"� _� � _ I� zenues,. �r�n�%tan�� nges in Fux aEr� �t=. urlgetax :psis and. :. 3r:: ) _al....................................................... 86 Land .�'= . . : ,.;..ulsitlox= : :Schedule of Reve ^~' ends''`"res Ch'`: � .Fala?° e=Budget ud eta`:` :tom and :::.:...:::...::._..:... g g cl Actual............................ 88 I? ir ecreft:Fund-Schedule of Revenues,E eriditures es in°Find Balance-Budget(Budgetary Basis)and Actual.................................. 89 ial Fund-Schedule of Revenues,Expenditures,and Changes irti .Balance-Budget(Budgetary basis)and Actual.......................................................... 92 Debt Serve und: Schedule of Revenues,Expenditures,and Changes in Fund Balance-Budget(Budgetary basis)and Actual....................................................... 93 UNITED CITY OF YORKVILLE,ILLINOIS FINANCIAL STATEMENTS Year Ended April 30,2006 CONTENTS OTHER SUPPLEMENTARY INFORMATION(Continued): '# COMBINING AND INDIVIDUAL FUND FINANCIAL STAT` r. ;;. NI ` IiEDULES (Continued) :. Capital Project Fund: INDEPENDENT DENT AUDITORS REPOTS ~`'` r : . Honorable Mayor - tit- and City Council United City of Yorkville Yorkville,Illinois Aii We have audited the accompanying fnancasarts of tie`` v go errual; activities, the business-type activities, each major fund, aricl'_tt ;a "6"�# :xemainin f ifition of the :$� R g_ United City of Yorkville, Illinois, ("Cit `as,oftir -fpr t gear ended.;A ril 301 which P collectively comprise the City's basic fire teirie2 listed in t table,of conteri ;:these financial statements are the res onsibili "' . 's`` ana ems t; OuxItif-A onsib' '^ P .::..::. :::....:::: ' g ,- rasp Arty is to P ex P ress opinions on these financial° t� :nerif b. st tQUr audit We conducted our audit in ac�c��,ancd�.generally-i8c``��;tad in the United States of America. Those standar'd . guir ;tt°:we plan and pie;audit to d}tain reasonable r ....._. : :.:::... .::..::...::.:...:-:..:..:.. assurance about whether the basic frtal statents are fr ee v#` atstement. An audit includes examining,on a test basis,evciisupporting the am "ad sosures in the basic financial statements. ;..,audit also incls assess ":';the accg principles used and ; :.:.;:.:.. ;; : : :. P significant estimates.,mai :;..; ,.:,jmanage ft, as w =a " uatm :":::..overall basic financial g :: ;�:.._..: g :::: statement presentat -. Web .tha t iir audit::' vides;a;;6=qnabf basis for our opinions. :.._- In our opinion-' `` f uzan�"�' "^� t p ,::# �s�ta ements'referred to ab<5sent fairly,in all material respects,the financial positio Mg.-g vernm al activifi 1?usiri e activities,each major fund and the a e - _ - :::.. 1 ' ::.... :,. :::....:... _.. :,:.. ggr grmai nd, ormatia ttf the` z ` ;as of a -ril 30, 2006, and the respective _ :._.... P changes:�i �... posY On. f cash flap; ' where ap ble,thereof for the year then ended in Y conforn with" o. tin pri-— les gefiie r.accepte � the United States of America. The gs DiscuSSYOn and Analysis,the lri`cgery comparison schedules,IMRF schedule of g prl, . IMRF schedule of employer cori�butions, and Police Pension schedule of ;; tdir{grogress= schedule of employer contributions are not a required part of the basic ancia atementsl'but are supplementary information required by accounting principles `g =:accepted in the United State of America. We have applied certain limited procedures, whltisisted principally of inquiries of management regarding the methods of measurement and pretion of the required supplementary information. However, we did not audit the information`and do not express an opinion on it. Our audit was conducted for the purpose of forming an opinion on the finanM4 -statements that collectively comprise the City's basic financial statements. The accompanying othzpplementary information and other supplementary schedule for the year ended April 34x2006listed in the table of contents are presented for purposes of additional analysis and are--ft, " ,_g:i tart of the basic financial statements. The other supplementary information has be G ditin ected��6� g procedures applied in the audit of the basic financial statements and, 04 is fairy#fated, in all material respects, in relation to the basic financial state a whole. The supplemental schedule has not been subjected to the auditing pros ap _ the audit of the basic financial statements and,accordingly,we express no opi iiit. liv Oak Brook, _ o Illinois 0 ton January 5 0 2 07 _it. tYP tit it Vill. tip _fix �`• � •�_•-t.'P., .:'r.'.;.*. a"fix. N. tU 'e Y Y t::•;YS:•t_ _ UNITED CTTY OF YORKVILLE,ILLINOIS STATEMENT OF NET ASSETS April 30,2006 Primary GQtrerit ?s: Governmental Business "::•"•':r'r`°:'° '= Activities ! . y'es "" 3j ,otal ASSETS Cash and Cash Equivalents $ 17,045,492 '==` 8 3 $ 25,774,567 Deposit with Escrow Agent 25,001 25,001 Receivables: 't'z=_ _ - _• Property Taxes Receivable 2,035,2.20 == - 2,035,220 Intergovernmental Receivables 1 18 "``•'=r'=', 1,183,421 Accounts Receivable 674 :.` 1,051,218 Internal Balances (588,95 - Assets held for Others 10,760,927 Deferred Charges ==: 04 }-R 378,096 576,600 Other Assets - 85,093 Capital Assets Not Being Depreciated 37,845,720 Capital Assets Being Depreciated,Net = „'' 24, 0 47,916,725 . :.i...i... _.....:_..: Total Assets _..:.: -` :_: - r;$ 127,254,492 LIABILITIES AN D NET ASSETS - - - Liabilities: z= Accounts Payable _ w ,j"i=`=�-;. 477 =�:`. 82 $ 6,455,859 y -:::.. P �:. . '.'. :imq'F:'"ear 6 Accrued Payroll - Fe`!. =177,443 =' g }r3,554 196,997 Interest Payable L � '2 _ 496,813., i3aSa3 855,676 :... Deferred Revenue = 1,721 _ 1,721,964 Other Liabilities F rF:. 500 EiMnull Long-Term Obligations,Due within One Bonds Payable s 000 Arcs,"t - fir= 160,000 250,000 Loans Payable ;;.:„. : =_'_ 5 106,455 Debt Certificates Pa., e @0 '_- 115,09 c _, ' }= 220,000 335,000 - - -r .} v Compensated Abs' 9,898 92,544 •: w Long-Term Obli • --r; s,Du I_':. " '` - q:: �Ytore than F ie Year: �-`-:_: �-:i=ce„::::;;r Bonds Payable" :;= ti=: "= -c - m�_ lsi 16,600,526 31,650,993 �ty!y ii}Y c'8 Loans Payable 3457 ::;, - 1,345,172 Debt Cerft"':�� able"�t��r�i•;s==�=``• -0000-''^ 11,38Z934 1300 934 r• Corn :..,:r,....:. peed A� c�e�,• '"=--- •r=� • ��`x,787 11,963 226,750 Total T� }�gs ,;r :at's"''`"' ' 2 724 33,056,120 56,240,844 _ r 'wstei� apitaY`' s s,Net of Related Debt 48,066,205 15,492,504 63,558,709 t:: I.Restrict Capital Projects 11,373,193 3,314,989 14,688,182 �!w = d Net Assets (6,407,838) (825,405) (7,233,243) Totalsets 53,031,560 17,982,088 71,013,648 Total Liabifird Net Assets $. 76,216,284 $ 51,038,208 $ 127,254,492 See accompanying notes to financial statements. 12• UNITED CITY OF YORKVILLE,ILLINOIS STATEMENT OF ACTIVITIES ! Year ended April 30,2006 Program Revenues `"+#`'' :e'• ::i`r`: Fees,Fines dr Capital Net(Expense)Revenue and Changes in Net Assets v ental Business-type ernm tYP Charges for Operating 8 Grants G rants and Go �r�,lunctiosd�YD2YYam5:' �[�"E ses Services and Contributions Contributions Activities Tote I t•PrlmatYGovernme�4k).'iiE:;, :;i`,; ,i,,. Governmental: tiX$Q :;. General Gi v',_.g.pinerit+;•; ti e:::!Y i' , 16;$ '• ; 1,442,176 $ $ $ (3,264,009) $ (3,264,009) Publics» :`:, 7,9I ? :a:'•;? i, 76,534 51,501 47,351 (2,182,527) (2,182,527) Public 4VbYiks ,,?'l?,-: as ;585,374 208,455 289,260 1,163,875 (1,923,784) (1,923,784) Libra ry ..';li;?i:.; ;it'i:;;'n'�'!±�5y$66 Yt:?!,i�,�;507 1,522 10,824 (455,713) (455,713) Parks and RecreatiiS "` x2+ ::'•:::::4,018 17,743 7$000 (1,910,760) (1,410,760) ;? Community Development (7A45) (7.045) Interest on Debt '`? ` 6561664 (656,664) (656,664) Total Governmental Activities ;'l7$F835,268 .:i`li?t. 2,278,690 ;,?'':?`;±' 360,026 1,296,050 (9,900 502) (9,900,502) tit Business-Type Activities: ra:+;V:;:: :S•,itr' :efisj;iti;'sit; Water 2,611,3$3l•,''iiij;l+t,:,. 3,118,4"% l .eaw,t.•:.,!: y r,ry? ;:t;:t - 890,370 $ 1,397,420 1,397,420 Sewer .::`. 1200778 + ?+:�`;+.�;OS5F��:a;:' ,i �21,309 2,075,857 2,075,857 .i`�' t:;':`•• ;' :+ 3,473,277 3 473,277 Business-Type Activities: <; : u6 8;Q12161 'j^ a. w,:?- :r??l,lll•00 .i?i'tttiak'r' Total Prima Governme ":t!i`i't 't $ � '!!•7 29 8,452 449rti??"3 r !!.r.3 ; ;': 1929 ;t;�%: (9,900,502) 3473,277 (6,427,225) Primary . 'k,4 ;$ i .r;;;ifr .in�wl'?'r'''i:;, .:lttiiN�tY+� h;»iyt•, ii;;tij:i``: .::iyi;:;r eta.`-!;}� ;;i...GejyertiliteXenues: r:?f RA axes !`liBiil19 2,258,419 ,...::.. :.!,:r,::., �}, .r.: a°ie??•ier i 1?!:Sal ia>r i aiit?: ,`i',1: 6,288 2586,288 ;:ii:!::i,: M. , It^r?i.;'•:r t, +Si:?t i yr,'.:.ti: -,;'...:;LL. Tax *i`'ir i!?,. ;:;:y;:.:(N;;;,0679,842 ra• :.+!;:. - 679,842 ; G'.' .;+rs:.lt,•,y.:•y r:cr•." ,yst+i�e{;i'+'' i?lli :;t-.fit- `'` €i;;r h Tax to `•;ttii 403, 403,657 :•a:p••::•ther Tax :•e!s :j'.ay°;':i`t 9$: ir,. 956,982 );!?; y� ttitt Ka+:•: 296849 *:?i)7 eve lo ?;:;i?t:;:. yy�4i!. ::.a:, PE :fit!....,:. :ir. +^:ti'is rt: i;i"-`•: . .....•,:t:" init'i'••t�'„t 6.. `juili'.i t:i•:;i.'.� f?r:yii, �nv in •i.;i' :�1?t.?:., l':' ��fii?�?`:il�li:tl;it° e�tt4ti)S.',yat9: atii�yltip"+i?.i�Ti:rau';cc •dE i'u• tai:; i�1;i"i:. i:: .a:i:?'„•.�•.yyq�:r�:s 6iN a Assets .ig?i::ttry,' 29 `;'`.;': 232. tit-Utij ,iirt�'r"tiff' " ,931u:' OtheiGeneral•�' ues ttr:;rt ,;:i;: 279,931 ,'i;,il;r i? :=`t,? ;;:'� , t+;ka:'i f�A*`?-i1i%i1.AA!i*.;., '!•'V ?'•iva;i '»;tl�!:-`�til•w' i t �!'tita Transfers i4s s??)iltltr,{14"'•ti'?,: !:a,•jr yts„ 405,419.ttr;-t:a tf�4t uhi?�fud;,lS,i» lifts?ts A. ;'•':r i`•,t?'` :i4::t?jt,'•s`:k• ".>w r M.,ttt k 11,343,490 r..,•.��?��`?);ix Total General R&@ A. i`:liti .11 M.,rS;it,;;;at:. •�: as:�ii!.°?;;?jjy' .. yli!:?,;1;:+t?'r'!i,.a. »..—:n ••:, —":?."r: .:::i°4!i;•:•+' •';;!`• 1 Change in Net Assets ' ";1' 2988 3 433,134 a1Uy tlt 4,876, g =[i;' affil. ,44 !+rti ;•,.,tt;•:»,ti'`': 51,5 Net Assets,May 1,2005,restated 66.137, 88 572 14 546,952 it?i>'' Net Assets,April 30,2006 t'?t St,•`' $ 53,031,560 $ 17,982,088 $ P INS atiyj l„t:: ''+r lF'' N.ktst• See accompanying notes to financial statements. 13. UNITED CITY OF YORKVILLE,ILLINOIS BALANCESHEET GOVERNMENTAL FUNDS April 30,2006 Major Funds Countryside :llonmajor y:`Total General TIF Libra` Y ? rnmental Governmental Fund Fund F '::-.:? ' Funds ASSETS : Cash and Cash Equivalents $ 5,672,608 $ 3,463,672 $ 6,203;4)b==' ' ' - 1,699,8W° $ 17,045,492 Deposit with Escrow Agent - - - 25,001 25,001 Receivables: _ Property Taxes Receivable 1,569,528 - "'"65t _ .220 Intergovernmental Receivables 1,141,422 - _ =' 41,999 1,183,421 Accounts Receivable 674,374 674,374 Interfund Receivable 315,746 - 56,624 372,370 Other Assets 79,393 5,700 85,093 Total Assets 9 $ ,453,071 $r='= ;(�75,t7g '' $ ::. _.3..!�fi.3,�2 �:`��'=-` �° �tFB�9.130 $ 21,420,971 — -- — ►� LIABILITIES AND FUND BA - LANCES Liabilities: Accounts is Pa able 1277 ��::. - - Payable _ 1,�.,...::$ ,163,477 Accrued Payroll 1 ....:::.::: 9,90`x.:; 30,746" 'a' 177,443 Deferred Rev enue 7 38[ 3 -:.a3 ,606 ='•2,005,011 Interfund Payable = :::::::.645 576``=''=':e=.'i:is;'s:;. Y - i1'315,746 961,322 Other i Lia itie bl s - - 500 Total Liabilities (? ':s • i'::, ::_.. 655,615 1. 5,307,753 11J. ijr.t.jitini. Fund Balances: - - Reserved for Prepaids s;• .93 79,393 Reserved for Capital Purposes p 2,782 ... 3,463,672 Pure 976,585 7,222,880 Unreserved: _ :.._. Major F a nds 2 947 1 £x. - _ 5,666�&k•-•�.�.:'r;;, 8,614,015 Special Revenue n e Fund s-:T?':• .. 414,560 560 , 414,560 D Service - , Debt Fund _ _ - - - - 9,494 (9,494) Capital Project = _ (208136 ) (208,13 Total Fund Bal ances.. i i% 5,809,152 •.„:rr; ;: 463,6r� '=' 5,666,879 1,173,515 16,113,218 i L Total abilities and ........ ! s itiati: 72 '`'�_ �'•"�`� 75098 ;�r.........b,6 $ 1,829,130 $ 21,420,971 See accompanying notes to financial statements. 14 UNITED CITY OF YORKVILLE,ILLINOIS Reconciliation of Governmental Funds Balance Sheet to Statement of Net Assets April 30,2006 ........ . ........ ..... "W Total fund balances-governmental funds 16,113,218 "IM Amounts reported for governmental activities in the net assets are different because: NEW Q- Capital assets net of accumulated depreciation of$10,452,744 used innm activities are not financial resources and therefore are not re tted in 55,558,131 Other long-term assets are not available to pay for current keriod . .... .... ......... Arj, ' . WM and therefore are deferred in the funds: 1.1. 1 A 283,047 Intergovernmental Receivables A"No AM, 100R -Tv Costs related to the issuance of long-term debt.qgWA7'4,.w res wh *V@-w0a- o �*.XPA SAM&- ..Mo—M`Wai over e. incurred in governmental funds,but are cape th f the debt issue in the statement of net assgts 198,504 M Some liabilities reported in the stateme the use NVIll of current financial resources nd I . .We a A ngft -V governmental funds. Th sties- liabilities in goven .-F— W Interest Payable on loxwn debt.&.-, (496,813) .._ VMS § Bonds Payable "VE: r4?- A-- (15,140,467) Loans Payable A, .W%%. - N, (1,451,627) M 'WASIM ...... MM (1,735,000) Debt Certificatw WISP 'Wnill .14MM A'7v (297,433) Compensated 51, cegiW"T 4 ON, f M Net assets o WqWtal Az 53,031,560 g . M AWT ........... W ''c,-`• '4 lm. AA M JAM N, Ma--? _4% .-A a .1M mss-,. NSA ........... See accompanying notes to financial statements. 15. UNITED CITY OF YORKVILLE,ILLINOIS STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS Year Ended April 30,2006 Major Funds - Countryside - General TIF Library c.�a3tvrieental GovernnCei#it Fund Fund Fund "`'Fua3s n.i Funds ' Revenues _ Property Taxes $ 1,758,979 $ 8,419 Sales Tax _ :s9 sCsr?-?4i:?x25 2548,784 x$48,784 Income Tax 679,842 - - - 679,842 Motor Fuel Tax 266,560 Utility Tax 403,657 - - 403,657 Other Taxes 950,366 :.... _ _ :;;,.. 954,305 Licenses,Permits&Fees 3,905,385 5,449,815 Fines 76,534 80,534 Investment Income 120,940 109,Ssic'';;:.;. 185,94#; = 30,394 446,871 Contributions 32,573 34,095 Grants 72,376 =;i: :;0,824 '•_:;'' 115,221.. 198,421 Other Revenue 100,385 :- 298 99 Total Revenues 10,617,248 '': 2040r�3 ` ' 13,619,802 Expenditures - - -tit tt- General Government Current. e nt 44 88 1; _ ' _ Public Safe 1651 2 _ T:! is ss::ri zi Public Works 354 168,4$4s 3,715,663 Library :;a'�;a::.. ..... .....__....... 2,929,556 Parks and Recreation - Nom 101 02 Community went Dev el oP - - _ 7,870 Capital Outla - _ 53sfp�•.'• ;;;,• 535,107 Debt Service-Principal _ 281434 q1t 281,434 Debt Service-Interest and Fees 5 - 'bl S 9 - - ....:�:.:,:. 235,875 Total Expenditures 10 2Af1(Y -`: INP 102 420 2 92i"ta;.s: ii`: 16,460,269 Excess deficien cY of over under expen ~` -:fi..'.• "e s 41 7,k 7 i`"p77,105) 1,187,690) (2,840,46 Other Financing Sotl;;p::;;.: ses Proceeds fr oc ds om ante of D "' .': ... .�it:�- •3;8;;5000 s'��."�=' :'•�'=%250,000y''� - 11,075,0 Accrued lntft0tCot+faleo!$ptKils - 8,920 - 28,667 Premiums on .. _ 255 "I� 1 _ 00 Disco o ds - - - ,255 OfrS _ •::::�':ssa:t:e;:. (6,914'�'.;Ee�e�'" :tYe=::a:-•u (6,914) Tr e:-=::.::::�a�:. e;:=:`: ansEL :.. 270,OttQ'��'° 28,000 2,039,829 2,337,829 :rte :: �f Pxoeee4ls `#f _Assets - - 34,114 34,114 fess Out, F!'``? (900 951 _ (1,031,459) (1,932,410) ftet in o'j►-Sg S ouYeCSj s) 3,206,882 :.'t. 7387,175 1,042,484 11,636,541 tinge i e la�1$.a ances 3,624,059 7,15I 5,310,070 (145,206) 8,796,074 Fund.Xitfiatices at begintarig of year, 2,185,093 3,456,521 356,809 1,318,721 7,317,144 Ftilf(` iiances at end of year $ 5,809,152 $ 3,463,672 $ 5,666,879 $ 1,173,515 $ 16,113,218 See accompanying notes to financial statements. 16 UNITED CITY OF YORKVILLE,ILLINOIS Reconciliation of Statement of Revenues,Expenditures and Changes in Fund Balances of Governmental Funds to Statement of Activities Year Ended April 30,2006 Aw Net change in total fund balances :r ='-: S,T96,074 Amounts reported for governmental activities in the Statement of Activities are different because: Some revenues were not collected for several months after the close of the fiscal year and were not considered to be"available'and are not reported as revenue in the governmental ftir`= ;=:••:3�•-if�'�:, The change from fiscal year 2004 to 2005 consists of taxes received from the State of Illinois�'�-::::w :.;-� ••-•.�: '`=s::-:::Y:�,•rr' 40,181 Some expenses reported in the statement of activities do not require the use of current financial resoii 5_0 and therefore are not reported in the governmental funds. Increase in compensated absences=r a>;w--r gR Amortization of deferred bond discop -y'> (1,084) Amortization of deferred bond premiui5a%"s;`= 5277 Amortization of deferred bOA issuance c'` y: (Increase)/decrease in aci3Q')6terest on dei3.E:.`;P S: (420,789) Total expenses of non-curr'ei?lces - (486,004) Infrastructure donated from developers is recognized as program:`itiveipe3 #i 5tatli £ r?, w 9y:• Activities - • -. %_,:i_ 1,163,875 .ter:..... .._xsr.............� ..' •' ''i:.}:iii:::::^_� nJ.jf'Yr.:i,�i.._::s'. Governmental funds report capital outlays as expenditures->gvernmerit ;t1 (joties report depreciation expense to allocate those expendituz�over UUM"the asst iig:is the amount by which capital outlays exceeded depreciatioY�'�..", Capitaf£ Tixses DepreciadiYjI iIpiS - tj. =, .. xS4sS.ofcapitotlegiaryP .itepreciationexperei `` `. ' 2,788,315 In governmental funds,long-term debt is conslile `' ti!` a.`i}'i£lrtancin but in the statemanr'e=`w ih:• of net assets,debt is reported as a liabiti trt the xv epo t '-__ cssttt i t and "::: ere recervci frcem the =;s: z 1 .< issuance of bonds payable. _ - - :Yip:=;�"�--- __ - ' (11,075,000) The issuance of long term debt resulted in bond jRti v ftogs hat ti%eYe reported as other MAY y: T' uses in the governmental funds. However,these amo'iiltiipe._been defemd and ='`' °'.'... amortized in the statement of tossets. = _ (100,255) ...:..w:. The issuance of long te}I*'" rest W.E.q•.�?ond issuF gq- fists that weilt`W orted as tames in cuiY . ..... ..:::.:: z financial resources ut;ttie overnmental tii #3o: (;these amollCt¢Piave be en: dttsi. amortized in the stint of net assets. r`' 5:::. : :'::: :.._._:_... w..:::: _ ->:.._� ,565 Repayment of `.•, aL SjAt expenditu3 in the govemgte Afltnds,bii E)(GC:B hi)ment reduces long-term --- 8 eioc�net assets..,�-a� �. �:•,`�'�=i:- 55,000 hims Pa ab 126,434 M&'Certificates Pay l , 100,000 291,434 The ongif a°c."tasi i7f a capital assPf'disposed was greater than the accum (Tepreaated balance,resulting '.`` iCt R'Iggg in di -.nl<gapital asset recorded in the statement of activities: (110,315) prn6gs�ds from the's:1e of assets in the governmental funds was reported as other financing <:= • source4'however,the original cost of the assets disposed had a value less than the disposal resulting in a gain on the sale of capital assets,which is what was recorded in the 'SE;xi qtt of Activities. The following is the net effect (4,882) Change in net iisSets of governmental activities $ 1,442,988 See accompanying notes to financial statements. 17. UNITED CITY OF YORKVILLE ILLINOIS STATEMENT OF NET ASSETS PROPRIETARY FUNDS April 30,2006 Major Enterprise Funds Sanitary Sewer Water Improvement& Maintenance Improvemenl;&s;;;:- - Expansion Fund Fund Expansion l iiri "' :: ASSETS ::;;:_ ater FuIld ;`Total Cash and Cash Equivalents $ 6,102,651 $ 657,374 8,729,075 Receivables: Accounts Receivable 98,993 376,844 Interfund Receivable 353,502 tit, 280 518 Assets held for Others - 10,760,927 10,760 927 Deferred Charges Capital 6,677 p of being Depreciated 378,096 - 2,904,191 X793313 5,69250Capital Assets bein g Depreciated,ated,Net 5,149,465 ; 19,357,345 24,506 Total Assets $ 2 651 $ 20165,871 $ "-=' ` '-: : ,810 6,10 446,201'r $ 51,083,276 LIABILITIES AND NET ASSETS _ Liabilities: Accounts Payable $ 2,787,662 $ $ 4,292,382 Accrued Payroll _ = Interest Pa yable 14,624 19,554 r -4..096 :,107,767 358 863 Nut Interfund Payables : ; • 45,068 Lon -Ter m Obligations,Du e within One Year: Bonds Payable - Y - 75, 35;x,`, 'ssc:. Debt Certificates Payable _- 160,000 Rio. - - - - 22 0 Compensated Absences _ _ �� ° . ? ::., Long-Term Obligations,Due in more than One Year. 9,898 9898 Bonds Payable tSS$ 0 Payable 2,045,526 16 600 526 Debt Certificates Pa a 1 - - D00 - 8, z 934 11 26 _ ,3s z Compensated e nsate d P sences 987 Total Liabilities : --='t.`:iru l'Yss.• .c 10,976 11,963 M. ???:;^ 50,493 420 770 s ARS42 263 33,101198 et Assets: : Invested'm Capital Ass e Assets,Net Related Debt - - 2454 171 _ - _..� Restricted for Capita]Purposes - _ - _ - ,780,050 15,4 9$504 3fg84 _ - Unrestricted ' '- 3314,989 it 94` i (876,II2) (825,405) Total Net Assets ":-::: 3,314;9$9 : `- '- (52: 12,903,938 17,982 088 Total Liabilities and Net Assets :' :"` - `•'" i "':;$ k(?2 51 $ .'': f265 871 ......... : •` ='::` 368,5 ;c:' $ 23,446,201 $ 51,M,276 iiali y. See accompanying notes to financial statements. 18. UNITED CITY OF YORKVILLE,ILLINOIS STATEMENT OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS PROPRIETARY FUNDS Year Ended April 30,2006 in nz nz Major Enterprise Funds -u : Sanitary Sewer Water Improvement& Maintenance Improvemetd =' Expansion Fund Fund Expansion= - ua yrl' id Total Operating Revenues r':' 'M_ ? lr-"- Charges for Services $ 1,291,776 $ 659,575 $ 1,57» r- : _`s=1,%6,Sg'OF 5,047,079 Licenses,Permits&Fees 1,103,975 Total Operating Revenues - 1,103,975 Ope g 2,395,751 659,575 1,578,83811_6,890 6,151,054 Operating Expenses 5 -y; Cost of Sales 424,076 2749 "~'== 56, 2,399,3 R:- Administration = `•: - '- s'"F x,098,285 84 7,425 =` 143,144 150,569 De reciation and Amortization x ✓''i ; x= 32,519 390,642 0 P - Total Operating E xpens es 43150 <- 344,872' = _• 620 :z 1,543,948 2,940,595 'r. if Operating Income(Loss) 19 64,250 3,210,459 :- Nonoperating Revenues(Expenses) Other Revenue 22,705 Developer Donations Ta _•. - 890,37`._--_ 1,111,679 Grant Revenue Interest Expense (871,566) Investment Income :?24'3 927 u : �� _,' '25,068 365,278 Total Nonoperating Revenues(Expenses) '?:Z 177 .-..... 490,982 628,096 . ... _ w'p';'�;. �� yr• Income(Loss)Before Transfers ':° :4129 693 24 3,838555 �t161 rr; °~ ::..... Transfers Transfers In -'•'•ir' 11,09IOIe y y 13 s" ,443,975 2 t $93 r y!_1' ''=+ fi18,218 29,315,086 Transfers Out z r (11,191,OOQ; _ (2,7fr3. 29 ) (29,720505) Total Transfers - (2, 6,893 ;. (2 414,90};. Z25 2t ;i =: (664;$ 6 . 421,325 (405,419) Change in Net Assets - g 6 . _ 885,249 3,433,136 Net Assets at Beginning `' Restated .$21714 r (417,093) 12,018,689 14,548 952 Net Assets at End go.::oft.... 314,98ss4 $ 1,813F ;$ ^'`(52 217) $ 12,903,938 $ 17,982,088 See accompanying notes to financial statements. 19. UNITED CITY OF YORKVILLE,ILLINOIS STATEMENT OF CASH FLOWS PROPRIETARY FUNDS Year Ended April 30,2006 Major Enterprise Funds Sanitary Sewer Water _ Improvement& Maintenance Improvement&:::"''"x=�`" ..... Expansion Fund Fund Expansion Fund Total Cash Flows From Operating Activities: _ Cash Received From Customers $ 2,3%A51 $ 641,297 $ ~: <�` > s=+�'�`sa. 1,498,195 ,•"$:'''t`-:�6,n4,7a1 Cash Payments For Goods And Services 1,861,004 (119,161) -`v4ti1,464 "'•` (913,839) 1,289,468 Cash Payments To Employees - (117,442) - 155) (418,597) Net Cash Provided By/(Used In)Operating Activities 1257,455 404,694 °`'i (f4p 302. "'-' R.. ::::: 2AE,[a 6,485,652 -- �- t Cash Flows From Noncapital Financing Activities: Interftmd Borrowing 4 :: a ._ (78,06Ij:� ?t :. 78,061 Trarsfers In 11,091,000 13,44; S l<s::;:.: 2,061,893 . )sa918218 29315,086 Transfers Out Other Revenues (13505,902) (11,191411 A`°'=i' 71p "-i(2,296,893)_ (29,720,505) Net Cash Provided By/(Used In)Noncapital Financing Activities (2„414 902) 2,252,975..'r°"_`.:; g: VA 22,705 22 705 ff9$8) ,'' 522,091 (382714) Cash Flows From Capital Financing Activities: Interest Expense4i2fi?,: (259,945) (509,231) Principal Payments On Long-Term Debt - (3359D)';` _ ;: (25,000) (360,000) Bond Proceeds zt` 33QO:Q1l9:;` 13,385,000 Bond Issuance costs Assets held for others (`Oi # __ (41,112) (250,112) 599,823)'..::.::: ;;'t' _ (5589,829 ::t::-:. Purchases Of Capital Assets st4bg866) 0 68 ) --�- ::. :::,:••.:.... 2 (6,700,134) Net Provided By/(Used In)Capital Financing Activities �) .:"..—�_.,:::;tt:::t_.—(2:9$�:475�;=.:,' - f$'�-il".• (3,024,300) C ash Flows From Investing Activities: es• _ - - - Inv estme nt Income �,�.+... ==°i:�� £t'��?1�29 25,068 365278 Net Cash Provided By/(Used In)Investing Activities: 't? 3 g{ '`s:" ti1y} - ...........3'1129 -......_. - 25,068 365,278 Net e Intre ase/N ecrease In Cash .:...;�..�- .,:. f,,.3 9,848 1.36iti`at5.�•:``=�tis�•• 159 035 3,943,916 Cash and Cash Equivalents,Beginning of Year s"` # 3 :`;I 327,526 ..-.. , — « '.. X1,462 4,785,159 Cash and Cash Equivalents,End of Year :iia02 651 ii' °' 657,37¢` i(5::::;,. 168 553~: . 3 ., $ 8,729,075 Reconciliation on Of Operating g Income To Net Cash - _ Provided B Y /(U s ed in Operating Activities - Operating ncome se , g /(� ) S"==*^ ..C.Z5o $ 314,703 $'it"[".=:4 ;& .:•'~•s+".- z7os o Adjustments To Reconcile Operating InerTo Net Cash :...._.;:............. $ 3,21,459 Provided /(Used In)Operating -tin titlt.iti. Depredation And Am ortizati on::. - - _ 30 519 2, 390,642 Decrease(Increase)In AccounfsReepivable :::::;;;-.; 700 18 695 Increase(Decrease)In A '"'Es';" able - ( ) (36,273) ttRW1... 2 �se�'�-�:�yt: ,292,505:::::';;;?.=�:. Increase(Decrease)In Ap 'a roll .:i( _ :..::) 8• 21,916 3,417,641 Y j:E; 1,924 283 Increase(Decrease)In bsfiisated Alsej fegD ty�jr� 2 2,595 900 Total Adjustments ::::' ;;=;.- 2 229..7#1:...:....... '89Rg9;i:- 1,081,738 310,259 3,775,193 •-.—�mss;*:. Net Cash Provided B Y/N;,.. 404 zo4o 3oz C $ 283,201 $ 6,985,652 _.. n o <ash Tr ansa ctr" T-1 N .;'=`.:"'=i•.`Ea, _ Developer Do--.tioft ::::.$ a $ $ 890,370 $ 1111679 See accompanying notes to financial statements. 20 UNITED CITY OF YORKVILLE,ILLINOIS STATEMENT OF FIDUCIARY NET ASSETS April 30,2006 'A ami- Pension _ _s,'Ageicy` xw Trust Fun -:°- - ASSETS - "'- °_ :•_- 'Sar.'t''-M'"•cs^- 'seil'•,.:r..'�=�ec�:Cash and and Cash Equivalents $ N Investments 1,383,449' - Receivables: Interest Receivable - Accounts Receivable _ x 'x -M y 355,386 Total Assets 1,58 , -,i- $ 666,548 LIABILITIES AND NET ASSETS Y Liabilities 8 Due to Other Governments ._ . Assets - - - N Net Y;. Held for Em P to ees ens..am:..- _ 15nef 83 i~M f is%s �, "' s Total Net Assets = _ 1,583,047 u' s .. ' Alm y?'•-r 't - - - _ See accompanying notes to financial statements. 21. UNITED CITY OF YORKVILLE,ILLINOIS STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS-:s PENSION TRUST FUND Year ended April 30,2006 ADDITIONS Contributions Employer ` = Plan Members Total Contributions 433,582 Investment ent Income Net a re ' ciati on in fair v al. :rxp.of investments ent s L ess investment s tment ex e Ne t Investment nt Income e - - Z _ 98 Total Additions 'ons - `..° 9 8 DEDUCTIONS B efit - en s Administrative' by e Ex _ _ -. •�12 Total 'ttpns _ 7,712 Ch : _ '' N to � _ - 453,268 ae .� Be of Year::.:;: _-- Nei°°' - } ,a se s at ;:;� -; ;- : .:::...:::.. R of Year $ 15 , 83,047 See accompanying notes to financial statements. 9 UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 tt"-.•.�-'ice:: NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The United City of Yorkville(City)is an Illinois unit of local govermm �ancial staients includes all functions,programs and activities under control of the, co ui l the City's major operations include public safety,highways and streets,sanitatio�'= lth, ecreation, -.,;. ._ public improvements and general administrative services. Thexncil oversight ..._:. responsibility for the City,the Public Library and the Recreation Board.— t responsibility includes designation of management and all other controlzxtions cie entities. The financial statements of the City have been prepared in aCiaitaccoiinting principles Istm generally accepted in the United States of America (GAAPr �po governments, as promulgated by the Governmental Accounting Stds Bow iSB). The following is a summary of the significant accounting policies: ,.: Reporting Entity: The City of Yorkville has at�c# s�'t. �- cspf ovqVFq Accounting Standards Board(GASB)Statement No.14, iik Fii a Reporfi g' itity,unc t l�iich the financial statements include all the organizations,activ:#ts�furiii and compott`it .which the City is financially accountable. Financials quW644#ft is ed as th ointni"( voting majority of the component unit's board, %^0` er( -p= ity's ability innpose its wiff-ii t •r the component unit,or(2)the possibility that rl er f t will g ` le a fib ltacial benefft to or :4.impose a financial burden on the Y=r `4.::r..- ggIncluded within the re ortin e:q xnment Y Public ' + _ City of Yorkville Pu c La bra The Board of the C ?` f Yorkville Puk) "Librarointecie City's Mayor and the appointment approve City Cecil. Al-the ....tibraryrd has taxing authority, its levy requesst be inekE'd r`the CittFverall :ant' s not considered legally -� separate frox� -:_:` 'City :.: P � ty�'._ City of York'AM"x•��loard-"��ar:~ - ent an the appointment `'f'R=`< irkvilIt�~'"-!"'_B and ' ointed b`` -': ta Ci s Mayor d The `o x o `: �.::. Y_ tY Y PP ap ed by k ty Cot cil and is no.",:- d lly separate from the City. (Continued) 23. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Police Pension Fund The City established a Police Pension Fund during fiscal yeah- 2,in: rte with State Statutes,which requires such a fund for municipalities with pcs in ezess of 5,000. Credits which were earned by police employees in the IMRF plan wef `# arferred to the fund. The Police Pension Employees Retirement System (PP t Lions fo benefit of these employees and is governed by a five member pension ba `"I'tb, rs are appointed by the Mayor, one is elected from pension beneficiaries and _:.are 'from active police employees. The City and PPERS participants are,��rtxgated toll PPERS costs based upon actuarial valuations. The City's contribution will-156"'.."W"►ded tzgh an annual property tax levy. The State of Illinois is authorized to establish beri I eLs:a :the it :s authorized to .:.:. approve the actuarial assumptions used in tla orttributio�tels. Althou hit g is legally separate from the City,the PPE. ,S isre�o ed as'f inere part.gMCi because its ::: ,tY sole purpose is to provide retirement be € s;for-tlty's police en ? ee -:;fie PPERS is reported as a pension trust fund. - - - - Basis of Presentation: The Ci s basic fin f ft':" ""-'' . ty an f tat eriC Vonsist of. e ernrn t wide statements, including a statement of net assetda stei€tl_c :activities, azund, ancial statements, which provide a more detailed levral nxmaton. The erm focus is more on the sustainability of the City, an'e- '"':arickan a in a.... .e ate finari -:osition resulting from activities of the fiscal en- ., : P = :..... Government-wide - Ftnan Financial Statements .7 T~'" " tement of et sta n asset d vsfafeme of activities display information ab&t4he City as a w In thy::ftexnmerif= a statement of net assets, both the governmental aiiess-typtivitiesQ' aQ preset d,on a consolidated basis by column. Theseeinents"ie tiiancia) vities , ima government,except for fiduciary, activi ' - g P ,..... :. y t s; e fect of fend actiV ' #has;,;b tt re M from these statements. Governmental ae Ries,wr `norrrw y-are supportedfflWM and intergovernmental revenues,are reported separate ? .piuszne ;. a actin ;inch red Ytx;a si scant extent on fees and charges foxorf:'Ivextient wic temer► ctivt reflects both the direct expenses and net c ; ,f= £ €h fussibe Ci s;`overnmeriti _' v" - P . o Wocth ities and business type activities. Direct. pnses ? rose that hre clearly iiiable wit specific function. Pro am revenues gr include r ges;` d`ts ;_k-- ..recipient for the go o .s t ces offered by the program,grants and cont r ibudBMW are reg ted to meeting the oper a?or capital requirements of a particular gx : .;an zft .st earned on grants that is required't be used to support a particular program. venue3rvhich' riiot classified as program revenues,are presented as general revenues of the ? ,wirtain limited exceptions. The comparison of direct expenses with program revenues d b--ga Ehe extent to which each government function or business segment is self-financing or drawgfR En-the general revenues of the City. (Continued) 24. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIESaa _.`: - .. `= Fund Financial Statements-The financial transactions of the City are re aindividual . A fund is defined,as a fiscal and accounting entity with aself-balancit of ats that comprise its assets,liabilities,fund equity,revenues,and expenditures or expMs,ak iit A Separate statements for each fund category-governmental,proprietary,and =are psented. The emphasis of fund financial statements is on major governmental an- rise funds, each displayed in a separate column. All remaining governmenterprise`€air are aggregated .. _ and presented as nonmajor funds. Proprietary fund ope�r ,:; ""`r ,.such as charges for services, result from exchange transactions associated with` priipctivity of the fund. Exchange transactions are those in which each party eves and" dip essentially equal values. Nonoperating revenues, such as subsidies and t inve'"s' eaznirx_result from nonexchange transactions or ancillary activities. Measurement Focus and Basis of Accounting:.,. _r,:= Gov rnment wide Financial Statements -.. . go .,dent-I' a fmanc statements d fund financial statements for proprietary ancT` ta _futie,reported ug the econornicrces measurement focus and the accrual basis'63. ting:-die econci t resg ces measurement :-::.... focus means all assets and liabilities tithe rr--. on-currer+ ffiz.RiinOWed on the balance sheet and the operating statement :xres( ienues)and dS(expenses)in total net assets. Under the accrual Zasis ao- ' i co y:revenue�:� re recogiF t� w en earned, if . .._:.. measurable,and expenses are rtized`'acuxrecl regazdltiming o1rFfed cash flows. In accordance with GASB Statement AR ft court ting and Finan to; p rung r Propnetary Funds and Other Governments f Pies that Use Pr setary F t ccount -, e City applies all GASB pronouncements and alt ;nancial A; arunting tic1j Boars°°tASB) Statements and :.M Interpretations,AgCtting Prizes_ id OPi? ,and.' " ting° esearch Bulletins issued :.s..r::: on or before Nov ter 3Q1989; lthey coniY puncements. •:--:::;;;:::�;, �_....•'.. :c. .;;:fir?=�T:^:.. iN For purpose of tltnt of cflows, j» nsiighly liquid investments with an original mat t of. } ont `0 less W..pur l to 1 sh equivalents. Cash and cash e uivale des cas%;o Iti] saves` !;accounts a tt lieckin accounts. The Ot' as.re "r `d' `-e Bate ones of ro; "v n _..... " ::. :_e.. g p gram:.* .- Yn the statement of activities(1)charges for._ ery a ��_w rogra0 ecific operating granf9 77- ontributions, and (3) program-specific cits� i � ontributions. Program revenues ar erived directly from the program itself or : x n exal sou # such,as the State of Illinois;they reduce the net cost of each function to be " nce min the City's general revenues. For identifying the function to which program revenue .:.�.�:r.:. ire determining factor for charges for services is which function generates the revenue. For g�C`tand contributions, the determining factor is the function to which the revenues are restricte'c:: (Continued) 25. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIESs Eliminations have been made in the statement of net assets to remov " ssing-up"ect on :... assets an liabilities within the governmental and business-type aitiestins for amounts reported in the individual funds as interfund receivables and.; "fables;:' > ir�;,transfers between funds have been eliminated in the statement of activities:' €nts re ' rted in the governmental or proprietary funds as receivable from or payable to frfey.funds have been reclassified in the statement of net assets as accounts recei9ftWX-;.t...A le fc' rnal parties. Fund Financial Statements-Governmental fund financial stateii #s ar ' r rent 'd usin the cur : I' g financial resources measurement focus and the modi� accrualsaccounting. Revenues are recognized as soon as they are both measurable and'A a ble. l-4.1"i es are considered to be available when they are collectible within the euxrent pe tt so& nough thereafter to pay Y liabilities of the current period. For this pur ose; °° :` Qsafvenues t 'availa P ....... ....Y...:..:::::: c ble if they are collected within sixty(60)days of the end;vf the -Rent fikiff�od. Re r es accrued at the end of the year include charges for services.;,lice ; and ermits " ''`' " ._ intergovernmental P F.: -mod, forfeitures, g rnmental revenues,investment ia*ix °: lx:_e ``mss,sales t "`'`:`and inca'~'i 8`s 1:-::,: .::rt3' .:.... .... x1t�} zces. All other revenue items are considered to bpi° abr s available orr hen cash is reiei i d by the government. Nonexchange transactiti �ich iCity rees val without drectl giving equal value in return, incluttaxes, gentsi .:donations ei �tires generally are ::._... recorded when a liability is inctiac accounting::;; tivever, debt service expenditures,as well as expengjt ges i cl,ta s� -'-Wated:a...bsences and", and'ud ents, are recorded only when m a ent due. P Y Deferred revenue is reported on the gvtental fund balance:eeet. eferired revenues arise when potential revenu : pes not meet bc5 the m le and cable criteria. Deferred revenues also arise when"`faces are reived prf tfiovernrt Navin ale al claim to g g them. Ina subse u, period` zbctreco '`::`: ` ::`":` :: : q gruta ;E`riteriaC et,or W. , the government has a legal claim to tesourees,the'lf; y is remoe d ftf~reve reco ed. gniz 0 Pr net a p ry s ad all aly into t ;s= gries:oting and non-o-operating revenues P g an expense _ peratvexis and ex es restQmadin services and producing_.. P g p g and deliverin =:: Ton-op revenand ex enss' ntail all other activ' g :....:...:...:... P i not included in operat `. vent d:exp uses. Non-o #ling revues and expenses include capital and noncap fu g`aiW' and investin ac ? #Ies.: g p El vxp re/ex expense is incurred for u oses"for which- - P p rp ch both restricted and unrestricted source a avas it is.the City's policy to apply restricted resources first,then unrestricted urces:; s needed. 1s (Continued) 26. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE I-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Differences occur from the manner in which the governmental activitye governmettvide financial statements are prepared due to the inclusion of capital asiid loan debt activity. Governmental fund financial statements,therefore,include a recoottion. i tlanations to better identify the relationship between the government-wide stafe" id the�ttements for governmental funds. M-0 The City reports the following major governmental funds: General Fund - The General Fund is the generperatirig =bf the City. It is used to account for all financial resources,except those refit o ed for in another fund. Countryside TIF Fund-Used to finance cerpoh-9 p j .roject cn #o be incurred in connection with the redevelopment of the.-US Tti9 ancl`II' tiute 47ttyside Shopping :... �. Center Tax Increment Financing edeve.. `orient ;;' t,Area. `7 S :. .: ;..,:. - Libr5jU Fund-Used to record activi```I . to r . The b of the Ci of ville Public Library is appointed by the Cit a nc f ppoint nt is a s . ved by tFte City Council. Although the Libra g ry; d has`# xirti #iority,its'°lir =czf must be included with the City's overall tax le vg` t t%t co dei'e legally separ f �the City. Proprietary Funds Enterprise Funds-Enterprise Funds air= d•to account for op [ oxlst"' are financed and operated in a manner tar to rivate bus ess ent_..; -whi' intent of the governing P P ` g g body is that the costs (94%es, includ [g depre E ri) f`'.rovid : oods or services to the general public onettinuin` s benced or; z5vered' i1 tYrou user charges, or ) where the gover. �odyl as dec s!Ili e hat peria tex atio l-evenues earned,expenses incurred and/qi t ingAW is apapropriate for capifa enance, public policy,management control,account O__'�': — ther R :�oses. The Ci _' f olYovr °°,:Major prstary funds= Sa :-Irnirit°&Ex ansion Fund .:;:'tom.£rtaccounts for the construction of new .ewerfs and rriprovement of the exisit ''stver systems. Revenues are generated :� : gh cts to users based on sewer consumption- .•x;'a^tom'' - ~'.-..Watr''flnprovement&Expansion Fund-This fund accounts for the construction of new water Nuffis and improvement of the existing water systems. Revenues are generated through cs,to users based on water consumption. (Continued) 27. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Water Fund-This fund accounts for the construction,operation,ggg. ance of t e s owned water distribution system. Revenues are generated thrqI chag°s, Q^users based on water consumption. Wi Sewer Maintenance Fund-This fund accounts for the operation and^rft" enance of the City's owned sewer distribution system. Revenues are gener#Wftaugh charg users based on sewer consumption. _ Fiduciary Funds Trust and Agency Funds -Trust and Agency Finds are accttnt for assets held b the Government in a trustee capacity or as an a e .:"":':"`.`'".x; `"":::: ' Y P tY g .. cr dizIaa ,.private aizations, other governments and/or other funds. �-� These include pension trust an d agency cy ; € . T'ektt :trusttds are az�nted for'�t?�;�sentiall Y the same manner as proprietary funds` FitaT :kntenance iscal. A en ;:: g cy s are custodial in nature (assets equal .: ,_: .. ..._. o °asure.�. �nt of results of operations. - In addition on to the major funds entiim_ Abd__- :# -tCity usestthe follo _ - types: S - ecial Revenue Special eF Fund Special` r ue F` s are used tip `€ ` ..pce _;. fix. eds of specific revenue sources(other than major cap :;:projects)that are leggy re [eW''fb expenditures for specified purposesk' ':= P :.. Debt Service uxtl The I Sevi `und is c't _ _ use.. o act�._the� ecumulation of resources for and the Anent af, geneag-term de5tzc ': y rifnnd related costs. Ait :. P Pro1N_ 0E-U1`1'td&L The t pital Pr e y= 2 d is' ;.to account for financial resource s :..; se a t -Eor tFr '::uis# °or cogn, ct ort°ti . ;.- :::- ,. :: ajor petal facilities other than those finan t�bY: terprise t r #ions. . Ca it"'`:' �€1.A P .�g_::1y pitat, i ,which include pty, t,equipment,and infrastructure assets (e.g 9;."*..,,.? s ges and similar items),are reporte'�i t k e applicable overnmental or busine s- ::... PP g s e ties`W T 4ms in the government-wide financial statements. Capital assets are defined by Ci assets an initial,individual cost above a set dollar threshold based on the asset type tY.::.-:_....: ttft (Continued) 28. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (see chart below). All capital assets are valued at historical cost ores... al historical cost is not available. Donated capital assets are recorded Iwarket value at the date of donation. The cost of normal maintenance and rep air :do r =te value of :.`.s the asset or materially extend assets lives are not capitalized. All report € al assetsxcept land and construction in progress are depreciated. Depreciation on.all assets it€led on the straight- line basis over the following estimated useful live: CapitaIon- w_ = Capital Asset Category _ }z eshorry '' Est Useful Live — Land ' : _" Q4�:0 `s `i n/a Land Improvements ' ; _ n/a Site Improvements ears 0 Y Buildings " 000 g s _ _ 0 ._ears Building Improvements ,.:......... r00 10-2t � Vehicles Machinery,rY &E Equi p.• _ 000 3-10 y o..}. Software - - '25 0 - 0 - _ - _ �2 7 ears Infrastructure-Street tore Str eet Netw a t 50, _ _ ``��0-40 ears - =- = <<= - Y Infrastructure-Water Netwi _ ".?: r:•::'' 75 000 -20-75 years Infrastructure-Sanitary -==: 7� 00 0 ears Infrastructure-Storm r:-..::_.... :., ..::::.-.. Y ars . Investments:ts. Investments are recordecl ��ir value. Fair vale Ui: �� men ' .... Mn is Illinois Funds is the same as the of the pool sfs. Stater .requl a State Treasurers Illinois Funds to comply with aftQis Publie:_ nds]nvementi: t. Allowance for U ectib t. axeE `" ovisiori fit`°f ''bl Y''""""- on the current ear' ,... -._:O _._.._� t �s y s levy .,.- has been provid t for b, ed'on th e Cfty s collection a ce. The City s policy is to write-off uncollected taxesltSle of ears.- - _: _ L:; Y - = Estimatest' = = en:;:;-:: �::::� :;. dgesn t u estimates z -assumption► preparing financial statements. Those estima And as i ns aff ct the repor ounts sets and liabilities,the disclosure of conhiisse# icl I $ es,and the reportetltnand expenditures. Actual results could diffe :: ...:. ... - r. om�.:: . 'i'.;?.. (Continued) 29. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 AL NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Property Tax Revenue Recognition: Property taxes attach as an enfor on January~*They APO are levied in September (by passage of a Tax Levy Ordinance).:;` 'billseprepared by the County and issued on or about February 1 and on or about Augud#-I� he folk' They are payable in two installments on or about March 1 and on or about the fa}> tving year. The County collects such taxes and remits them periodically.::Property topnues are recognized when they become both measurable and available. Proprie# d:pensiori ti . nd property tax revenues are recorded on the full accrual method of accourl ; i W t ,revenue recorded during the current fiscal year represents receipts of the 2004 tay., ' a %xe 2005 property tax levy has been reflected as deferred revenue even thou i aL portid "levy was collected prior to April 30,as it is the City's policy to recognize this revenf .s_availaor the 2006-07 fiscal year. Inter _ fund Receivables R cei ables and Payables: Actin':.'::::.::. ;:_b that are:': presentative of lending/borrowing arrangements outstanding at`fi arx l:of tll fi[s a year ag.� erred to as either "due to/from other funds"for the current pori :of d loans or"awns°tca/from other funds" for the non-current portion of int rfunct- ;a s,;: AIf' .1her outst ding bah"" between :_:-- funds are reported as"due to/from othetr "_Aridualbalan ;vti�tstandin be# aenthe governmental activities andbusiness-type atix :.areecxrted in tt; .' overzent wide financial .:......:.::...::::. statements as"internal balances." �,1:.xeeival3esaawn net of alaw for uncollectibles. Advances between funds,as re poi.. f a az�arii« 1 statements'a e'.. i.1" P x:. fet by a fund balance reserve account in a licable,;: �over to =fi cf `sto Indic PP ;° ::: ::. te... that they�aot available for appropriation and are not ex �xale avaa)r .firncial P ;...:._ ::...- cC om P e s ated Absences: Ve t ed or at`c"t; ,.,;.�_t.ecvacation leave%` F :t,is :p� �ci to be liquidated with expendable availabl _Anandal resources reporte s an expe 'a a and fund liability of the governmental fund that` ay it. Thy vernm a;` inancia ' tements record unused :: - vacation leave as$ nses a abili _ when e i ed by;e `; :ees' 'Vested or accumulated :........ :.... vacation leave orprie_;:. furi :xcorded asi ;ex aim:=' bili of those funds a t1' s the benefits accrue ;` mplges: - In ad ditto c �, �, a��v.�.,s, 4�t�tehas bee €tade°ii�ilong`ten debt account group for eligible employee 'I'lt ty's pol a.. emp.Wes who ha ra been employed b the City for ten ears :;:: ;:: Y tY Y or more receiv ;;��.,.. -ment•loi 50%of their used acc mulated sick time at retirement. LongTeri l e ti: In the gdvernment wide financial'V".1'.".. rents and in the proprietary funds in the frc_ anca statements, long-term obligations are"reported as liabilities in the applicable verrirrttal ac s,business-type activities,or proprietary fund type statement of net assets. 0'a*-.--..*..'..`...Qt�d pzums and discounts,as well as issuance costs,are deferred and amortized over the life of to using e straight-line method. Bonds payable are reported net of the applicable bond preri :°cir discount. Bond issuance costs are reported as deferred charges and amortized over the term of`t1W* lated debt. (Continued) 30. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES i yY" In the fund financial statements, governmental fund types recc ` nd premiums' and discounts, as well as bond issuance costs, during the current pe o., ` The? € ,...mount of debt issued is reported as other financing sources. Premiums receivedtAabt iss x ported as other financing sources while discounts on debt issuances are repo other fimticing uses. Issuance costs are reported as debt service expenditures. Fund EcquiV/Net Assets: In the fund financial statements,}g xids report reservations of fund balance for amounts that are not available for appro} ti0IT-1 egally restricted by outside parties for use for a specific purpose. Destions of"..', ki� ce represent tentative management plans that are subject to change. -_ Net assets represent the difference between `f* :Net asset ' sted in capital p s ....... ...:_ ....................._. _....... P assets,net of related debt consists of capital assets;riaccumula€ed depr �reduced by the . ,.... outstanding balances of any borrowing use d= e ac .�ion construckfavements of ::.. those assets. Net assets are reported as rcte ' re ,the limitat imposeir use either through the enabling legislation a ?:Y,_ i.'. ::..., gh elal restricts -'used -; � t1��:::' Qr thou by creditors,grantors,laws,or regulatiori ``° °`" ' r,.. 1 #to over.W. ts. ;t ;:s.�:�:. _ with or Others: In �'' r:`'° ��nt inter•xov'"`�•` �i�"�.tala Bement .Assets Held f Othe s June of� �� tyte_ed o an g ern gr Yorkville-Bristol Sanitary Distri t#or"al isI i ?iff. be ctionla#the Rob Rod Interceptor. At the date of completion,the Yor"'"'.eBrisftii#ary T7istrict d mainfie Interceptor. :. All costs associated with the conof tltastructure st.ar _a.s Assets Held for Others in the City's financial statem`ri of April 30, 2006-IM"' :A. t�e�bf this project was $10,760,927. - __ :i:.;::..:0... fit . iT_•-l�iY��x �iN - E2-LEG . :tMP NOT AI,'. `O LLANC ACC01 :#�$ C _ The following fiu eficit ftd a ui :. ---:::: :::. - : uil M 208,136 rte•,....,_........ _ 9,494 C- 200 757 V = rovers ri &Expansion 52,217 (Continued) 31. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 3-CHANGES IN LONG-TERM DEBT Debt service payments are paid out of the debt service fund for govectivities ari 'csxt of the water and sewer funds for business-type activities. The follow &a s t ar of changes in the long-term debt of the City for the year ended A ri130,2006: :=•. _ P _ - Obligations =? gations Outstanding Debt Ousfa3ing Due Within April 30,2005 Additions Ieoi ` =1 %,2006 One Year Governmental Activities General Obligation Alternate Revenue Source Bonds: Series of 2002 $ 520,000 00 $ ......_,A $ 60,000 Serie s of 2005 3 525 00 _ 0 _ �•000 Series of 2005A 000 30,000 Series o f 2 0 05B Plus Deferred Amounts for Bond Premiums ums :...lod .... - SX�.: "': :• =:: 4,978 - - (:.,,.. Less Deferred Amounts for — � ..�B ond Discounts ... U � : : .. . r 19,511 - T o tal Ge neral al Obli anon - Alternate Revenue Source Bonds*` ' "l:.. 11;T75,255 _ ._4�024,40a��i��_s:. ��1:�,:..• 15,144}�67 90,000 Debt Ce rtifcates: Series of 2002A Refunding. ::. _ " S.. �`€ <flo '�'• -•�1;�35,000 50,000 Series of 2004C 650,Q00''`` _ - 5' )`:` 600 ............. = lk...:: ,. ,000 65,000 Total Debt Certificates ;,,• ::..- 1,8 3 T 1735 000 115,000 L = oars Payable: Conover w - Se tare 890 - - 1,890 - IEPA Lo an L1 : _ (29,609) 239,477 30,679 YNB Loan - - an..:.:wo 2` ., : 004 ...T d Car.��:=`�''•``• r,:.. IEPA L n_ . : _ ;°_ 73,8300 f# 25 1,210,260 75,776 Total afis Pa ab i ; 157 ::.. y B4Of 1,451,627 106,455 O then Cam ens'" senc es 257,576 85,15 297,433 82,646 ; a by-Wi. fi x ties $ 7,695,042 $ 11,300,269 $ 370,784 $ 18,624,527 $ 394,101 (Continued) 32. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 -_ � NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) Obligations =`. [ ions :- Outstanding Debt Debt Due Wi _ ., r:0utstYlg drirr April 30,2005 Additions Deletions:i` "Y"Apri13Q4RX One Year Business Type Activities _ = M`it.t'''` General Obligation Alternate Revenue Source Bonds: •• Series of 2004B $ 3,500,000 $ - $ 4U.'O00) $ s a,;Q00 $ 125,000 Series of 2005C - 2,000,000 r==ain:�,^. 1; 35,000 Series of 2005D - 11,300,000 0 - Plus Deferred Amounts for `swim. Bond Premiums - S5,OQ4li, (4; y t;�`'=yx. }x'80,526 '..... Total General Obligation Alternate Revenue Source Bonds 3,500,000 13,38510007..: x( 4 474) `= 16,760,526 160,000 lin Debt Certificates: 2 OZ Capital _ - .. Series of 0 P ,2 ,4 Appreciation _ � ..k,••;• ..AM 94 2003 IRBB-Bruell Street 11955,000 (80,000) tQ4^ 80.000 Series of 2003 4,800,000 - 1 ::._ sA00 "1,465,00( -x`tiy0.000 Series of 2004,0 ,600,0(.W'- '" _ ) _ r;--: Plus Deferred Amounts for Vie:. - — — ;:... Bond Premiums 72,3fi�;�.F=,::;�:;„.:�_= ;. �:-`�:=.�:..(4,020) b8,340 "•.�.. Total Debt Certificates 11689,788 •'.=`r ' 46. ``r'�244,020)-sri `” l�;fs9: 34 220,000 Other Debt: - 861 9 9 8 �''�21 11 64 - ,8 Compensated Absences '-"� "` ''"-_ Total Business-Type Activities $ .- $ (373Q) $ 28I. $ 389,898 15 2I'0 ?k4 :-: '2 : a0 $ ::: ... Sa.:^sr;:. i' * Note:$132,166 of the addditio Wprepreseq fis.,the accr i' interest. - . - Reconciliation to Sttexn _ e t ASS.. .... ,: x:34^Ci^i ia:l�:.• :. it :. ' t f��_ - Goy •-- 1�' r� s�iess-Type - - = Acf % :. Activities Total =w=�� -- Long-term obli gati ..! �"�." thin »``�� ear: - - - 00 250,000 0 16 00 000 =�" $ Bonds Pa. e;::,- _ ..,� ,. 5 1 06 45 q� x Loans 1' .;`�--'' Debt.::''"_fficate l' :. b1eH ^`_ ""` 11in0 220,000 335,000 C0.:;'`:" '..ated $ 6 9,898 92,544 W..W Lon -teii�a_b'&1 s,i#r q t'more than one year: g $oo& ay-Ek.� "1 0,467 16,600,526 31,650,993 ° able= 1,345,172 - 1,345,172 ebt Cficates fable 1,620,000 11,382,934 13,002,934 Completed Absences 214,787 11,963 226,750 ~~ � � $ 18,624,527 $ 28® $ 4709,818 (Continued) 33. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) Governmental Activities: General Obligation Alternate Revenue Source Bonds: - Series of 2002 $625,000 payable to BNY Midwest Trust Company at an inte_mm. ate ranging-k. 3.00%to 4.75% and maturing December,2012. Debt service to maturity is as follows: Year Ended April 30, e :.. otal 2007 $ :. 0 000'`"._ y °::.:.20,415:" 8 ........... '' 200804'-:. `' 15 :; # #�15 '' '' 2009 ,'=::::65,0003::::;';:`:`;::::: 1s556 '=;$0 556 2010 0 .�=1 3 77 ::..... x 2011 - 2 ��:::� ,;; 9,933 ��Lw��-. 7�{ 3� nit 2012-2013 ::. 45`DTI . ':` ` -• ::;:: 1 -Q 3,563 Total Debt servi��= :$ :'- ? 65;t1d[ l: '`$ 80} 7a:,, Series of 2005 it $3,525,000 payable to B ;Midwest Trust `:`:.: ° ° P y Ctipany at t merest ratgng from 3.50 to 4.35/° and maturing December- 4 - .. Debt service to ` M4 iy is.a ,. Y a ; q ed g0 - ,.:.. ......... ........_..... ,.....:jnter '�w:• Total ::;- ;-- - 2; _ - Of? ' $ $'`s~142 868 142 $ ,868 s?' . 08 x ,868 142,868 00 2 8 142,868 4 6 8 201'0 165,000 142,868 307,868 - -:::: 2011 - 170,00 0 137 093 307,093 ''rf12-2016 935,000 586,793 1,521,793 2017-2021 1,135,000 384,643 1,519,643 2022-2025 1,120,000 123,260 1,243,260 Total Debt Service $ 3,525,000 $ 1,803,261 $ 5,328,261 (Continued) 34. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 •' * NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) :a• - :a Series of 2005A = ` ""' $3,825,000 payable to BNY Midwest Trust Company at an intereS =#;Ate ra i from 4.00% to 4.375% and maturing December,2022. _-- Debt service to maturity is as follows: ly.1 = ;:.. - Year Ended April 30, Principal Interest^^_ ` 2007 $ 30,000 ' ~.;242,859"=_ '' ' 92,859 2008 160,000 r _79 X16,779 ». ..:.. 2009 170,00Q 15-15 - '. �L0,379 2010 175: :'" 318,579. a. 2011 1&5,000 s.736,579`°"` 321,5:= ::. 2012-2016 1:6 7.5 OW Y tfi ;894 1,63&..,$� 2017-2021 2022-2023 r<-6000 ::::::-::•43,323 313 u......�.....::..., ,— :.:.... .. Total Debt Service ::$ 3..�5fUt ^'i,.1,7&,146 06,146:` Fit 1. Series of 2005B - :.x`. $7,250,000 payable to BNY Mist_= eipa =at an innate rang%r[ n 4.00%to 75° D Z= '=�.=•�.:.. -_ �.;,� =- -emu• 4. and maturing ecember, €I�'� - Debt service to maturi is..as follows: ...Ear •�'�!'��»�:. - - _ ::•.. 30 i 1 t 'tal ril c a In To 0 -035 ``~454 035 ::- Q8 321,125 :?t1Q9 346,125 000 012 45 1 »......_.:. 2 , 5 3 ,125 _ _ ki:„Y - =»,. 2011 i '' :.... #J90 01b,125 394,125 =' I2 016 1 63 '=`a(1 '40t,025 3110 025 Ol . 021 2,665, 00 45,281 3,710,281 2022-2024 2,825,000 343,325 3,168,325 Total Debt Service $ 7,250,000 $ 4,599,166 $11,849,166 (Continued) 35. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 3-CHANGES IN LONG-TERM DEBT (Continued)- - Debt Certificates: Series of 2002A Refunding - $1,280,000 payable to BNY Midwest Trust Company at an interest raf�l 'froni %to 5.15 and maturing January,2022. Debt service to maturity is as follows: w == '= Year Ended April 30, Principal `'' est ;. Total till ti- 2007 $ 501(Q ? =;;:;:-: $f~ 102 423 . 2008 50,00 '=-- ¢;: 5 ''`'`.. it, ,92 , lUF23 2009 1700 "- ` _°:'48,923 ;19 =?_':::. 2 010 _..::::...... ....... .x.•.,723 -t.., � - X1,723•;; �-::. 2011 4 *,-% 4'523 °104 52 2012-2 - 1 016 '_:. .'1 :.'' ��_..4:.__...:. . ,315 2017-2021 1 2021 4 0''` _=';,. 0. 93,123" 3 ti 2022 950 -•:OQ ^-950 5 ::_..... Total Debt Service;:;:_:: : :;2 0 5 i=: ,: . :- ::::: x,:::::� :. $ , :,::=: ::.1,658,9 ;3': Debt Certificates: 0. 0 = Series f 2004C $650,000 payable #.� J3ernard=° curit�� f an in ��"st rat � g,�ing'f� �n 3.80/° to 5.00� and maturing Dece ml = 0 k 12 - Debt service to''`"'" ''``as f i oIl€rps: _ Ye 30'c` .... Prii': `al Interest Total - `�.._ -;:- 00 $ 26,070 $ 91,070 75,000 22,820 97,820 09 "'` ''= 85,000 19 745 04 1 ,7 45 10 90,000 16,515 106,515 95,000 12,825 107,825 LM12-2013 190,000 13,205 203,205 161 Debt Service 60 111 80 $ 711,180 (Continued) 36. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 AS NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) :r'"''- `.•r " Otis xzx� Loans Payable: _ ° Conover Sewer Recapture $1,890 owed to John Conover as reimbursement for sewer extensioi9ran is du 'in FY 2023. IEPA Loan L17-013000 ` $549,081 debt to the Illinois Environmental Protection Agerirr 5truction assistance at 3.58%interest maturing January,2013. - _ : v. `sY Debt service to maturity is as follows: _ Year Ended a :: s :: . 0 .. =A April 30 Princ o.om '.-_. PRv 2008 Al , 8,97:; 80 2009 :6045 38 '::Y: 2010 ,.._ ..,.....:.::.... 41855.::^��'Y 2011 J.= 3,623 = ''n :.r� 7�p 2012-2 = =_x: . 013 _ '=�� •�t•:.�`,.°�, �;�- 3,368 ;=•"..•:-Y,�Q62 AS Total Debt Service':; '` = " °•-:ter' n TOYS-„'„'.�._ t,'J"•;�'iY• -,"::• _ _ IEPA Loan L17-115300:: $1,656,809 debt to Illino H' otecoi^ wtruction p s rmn Assistance at 2.625 -.---..'- -.° ' :--_” _ ter est':agtturin ember; . v Debt service to :ftiri 1 follows:r =' =i �,Y: _ r r>•-rr=• - -=rte: '`• ='�=�"�:�-. l V al terest~- Total 007 = =.2. $ '==' 5 $ 1 275 $ 107,050 = 77 ur 29 273 107,051 20179 79,833'''° ' =' 27,218 107,051 2010 81,942 25,109 107,051 2011 84,107 22,944 107,051 ``•'r='? :• 2012-2016 455,041 80,186 535,227 2017-2020 355,784 18,920 374,704 Total Debt Service $ 1,210,260 $ 234,925 $ 1,445,185 (Continued) 37. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 3-CHANGES IN LONG-TERM DEBT Continued Business-Type Activities: General Obligation Alternate Revenue Source Bonds: nds: Series of 2004B(Alternate Revenue Service $3,500,000 payable to BNY Midwest Trust Company for it nts^to l Waterworks and Sewerage System of the City. The Series 2004B G.O. Bond2-per ixangug from 2.50% to 4.00%. The principal matures December 30,2018. - Debt service to maturity is as follows: Year En de d Y _ e _ April p Princi ; 1 nteresE` ............ •::�� ot�I... 2007 2008 _,._ .A,. 0 ,,; 1I ;513 249,513 009 2�:�J38 2010 - 107,288:':':: °288 ............ 2 011 _ - S. Q . 103,300 g. .,:::...... 2012-2016 1 2016 :$,. • .#.;:.:::::: 426,025 1`$ #25 2017-2019 20 19 ............ Total Debt Service $ '` 80,000 $ 1,085, , Y ,4&x;702 Series s of 2005C $2,000,000 payable BNYll4i'd p-st Tr f;>vompap f'an irtl wt..rat e a Bing from 3.5%to 5.5% and maturin D er e. nb 024. _. g Debt service tolfatt i : ~` s fo11 .:.. :::...-s - .. - ear - r, _ - ''.'•--.A 1130":;`::::`; :. _ ,..� .. Pti �e%':al, '}�l` tErest Total ................. _ .:°c;i::•: rte::,:...: ...b:...:::..:::"..,. $ ?3a0:::. $:iii::?:? 90150 12 _ $' 5,150 2008 i- .r....;.:,;, - 88,925 163,925 2009 80,000 86,300 166,300 :' k.010 80,000 83,500 163,500 X11 85,000 80,700 165,700 2012-2016 480,000 353,625 833,625 2017-2021 590,000 247,875 837,875 2022-2025 575,000 80,575 655,575 :;'Total Debt Service $ 2,000,000 $ 1,111,650 $ 3,111,650 (Continued) 38. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 •rei�. NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) r.3.��xY: Series of 2005D $11,300,000 payable to BNY Midwest Trust Company at an intereaEe of and maturing December, 2016. This bond was issued to finance the consti n Roy Creek '•:ic::;vim•iz;: =�rn ;±};myp Interceptor,which the City agreed to fund as part of an intergovert> t�•ax! -agreex t 3`it with the Yorkville-Bristol Sanitary District dated June of 2004. Principal and interesfents for this bond shall be paid from sewer connections fees,infrastructure pa :"tiion fees,'a 'the sources are ..z.=,.. not sufficient,property taxes. As of April 30,2006,no such` iipigacte ded by the City. Debt service to maturity is as follows: Year Ended April 30, Principal:; otal :=A.'-` l# 5f is -:� Y 2007 $ 500,23""`�s 50(F. -.. 2008 ^ 20090 = 613950 2010 'XI,44tQ. 00 ""` 's°-:468 950 �.`r�S 950 I. 2011 y~ z :izs_ s° x,450 - 2,427,9ct 2012-2016 9, t 450 vY Q,640T- :f. .:::........ _ ........ :r..:. Total Debt Service `"'"`" "'" `` i'" J ' Y;��; �� $ 3,674,963 $14;W �r�.. M. c 3"° Debt Certificates: nom:. 5 Series 2002 Capital A ation Debt CeYates P p-F.`.During fiscal year fJ the ""::issue =899 ' a ita= '.: .• at "'`debt certificates. The _.. Series 2002 Cerz #es outstand a ± Apri13 Qi tot `i tg ;445 bear interest ranging from 2.5%to 5, '`Intez s not p i but rather acc r 'princip�I each May 1. The principal matures 1 �, 04- 1,202 ; ; r teci totalin $5,420,000. _ - g .:R-,- - l` (Continued) 39. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 3-CHANGES IN LONG-TERM DEBT Continued ( ) The debt payment schedule to maturity for the Capital Appreciation Iificates is ar` r `ows: ..:..._....... Series 2002 CapE `-;.... - - Fiscal Year Appreciation Debt Certifi Ending Principal'"' April P , Accretion t 2007 $ 164,026 2008 1 .0 7 2009 2010 17960 0 2011 000 � -n...:, ... -: : �j:: 2012-2016 7 R.. 0 ..`;!_.. -2';1340,00 2017-2021 - 017 202 - 1 ... 8,f`-`�'� 2,375,000:`; ;`��;�±� ��;:•. 2 0 22 47 0. 0 Totals - Accre o aIs . 5-• ;;. :- .;_a)te ..:._F30:; QQ6 $ 3,3953: ;`x`: . Series 2 003 Illinois noi s Rural Bon ,:...... 2 035 00 0 payable ble t $ o 0 U.S Bank Ass �tion at an•' p Y u �s�`��1 � � ;:°':.: .'......•from 1.60� to 5.20% and maturin g February 1,2023.' .'= Debt service to ma turi -��ollows: :.t3' - _ -_ . r En d 4 r ; iI:'�j' `"`1'rinci :..... p , pal Best Total ll $ 163,795 "2f1Q$` '0,000 161,795 9 .. . .. 000 164,475 10 85Q0 Q:. 6,713 161,713 1. ... 1 - ,00�,....:,:.._;..:::;,:�73,653 163,653 2012-2016 510 ,000 ```ii, '"' 308,955 818,955 207-2021 640,000 178,798 818,798 2023 305,000 23,630 328,630 Total Debt Service $ 1,875,000 $ 906,814 $ 2,781,814 (Continued) 40. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 --_ NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) - - Series 2003 Debt Certificates =' r==a $4,800,000 payable to BNY Midwest Trust Company at an interest rangiriQ 3.80%to 5.00 and maturing December 15,2022. The Series 2003 Debt Certific_ re h �,d._to finance f: rj%:z Via:�G:^:-'•iL improvements to the City's water system. Debt service to maturity is as follows: :r,:.. '" = �• Year Ended •��"'"�F-- -��k-- =~✓�;;T '_ "s April 30, Principal -.Interesf' Total ;. :^. 2007 _ _•_V. $ =F= 3_4150-' _. .. 233,150 ...aM: 2008 2331--$.Q. 2009 33t, 2010 ::. . ;. :;R:::: ..., 233,150" - - 21 •Y 2011 2012-2016 : 0 OQE3' wt-. 1 1~F*~ 5 =n4.:. 52 0 tf54,250 2017-2021 :y rQ1,800. lr- ,501:.10, 0 150,000:_ z2,12022-2023 10 `+ Total D ebt Service =3,23850 = ��- ,650`�' ,6 ... :m r. Series 00 ..._::.._... - r s 4A Debt Certificates �" -r'"•r��••• •"�� $1,600,000 payable to BNY Midwest I'y`` t�;mn at an intere�� eer~- ~-'' P Y .=:r P Y -:.; m1.40%to 3.60% and maturing Decembea: 0,2014. The Seri004A Dlertificabeing issued to provide funds to extend sanitary "'" ry er;services..: Debt service to is. ::..._. ty _..... gis A ` P .n �:IntS � _ erg °`' Total A-z 0 - ;,,- $ ..� � f3°fl00 ==�`�41 28 1 . $ ` ,3 $ 81,328 ��::.::::-,:. 145�~ .~•°[�:.Y:.. 38 948 183,948 _ 150,000`� 35,975 185,975 2010 155,000 32,525 187,525 "' fl11 160,000 28,573 188,573 2012-2015 715,000 62,720 777,720 Total Debt Service $ 1,465,000 $ 240,069 $ 1,705,069 (Continued) 41. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 At NOTE 3-CHANGES IN LONG-TERM DEBT(Continued) - Operatin Lease ease On November, 1, 2005, the City entered into a lease agreemeA -dbir_.the:." r _ _,.recreation department office space. The lease is through November of 2010. Tletymenfs rease each year. The range of lease payments is from$800 to$920 per month. The fount to be paid by the City under this lease is$51,600. The rental lease expensecayear 2006%, W$4,800,leaving $46,800 as payable as of April 30, 2006. The following is Witiaw;= zture m;r»T„um lease payments due by fiscal year: tit Fiscal Year Paext; _ 2007 :: , ::::,... . Wi _...... 2008 2009 2010 .. .......... 0 860 2011 it Ali tit -iilillit'Bit 4. it 0 2 r?. (Continued) 42. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 4-FIXED ASSETS a:~T 3f•3 Restated Balance at Balance at ==u- May 1,2005 Additions - eletiona_i =; 30,2006 Governmental Activities: Capital Assets not Being Depreciated: = Land $ 28,726,283 $ 45F 67 $ -�_ $ 28,771,750 Construction in Progress - 3,37 s - '' 3,376,466 Total Capital Assets not Being Depreciated 28,726,283 3,421,93• rw _ =x=`- 32,148,216 Capital Assets Being Depreciated: ' --�•t� rte::_z ,. " Buildings 4,360,861 4,360,861_'=�K'=��==� - -- - Equipment 3,256,002 ;;v 5,000 3/69,069# Vehicles 11178,689: A 53,3%d..11r 1,403,186 Infrastructure 23x465,668"' ^ ':'' ``: 3f ;``;° 24,629,543 °' Subtotal 32,261,22..q 9,739 =;!ea:•:::.:. ••- 33,862,659 .. Less Accumulated Depreciation for: -• "`" }:., Y t Buildings 88,310) Equipment -. ': r' { 72,33 ) :':`66,700) ;199) Vehicles (flf3 'cr?yy - 858) (46,4 .: 0,558) ) _ LL r Infrastructure ,, (b8/A74) � (7,381,677)(6,69 Total Accumulated Depreciation t=r="c:-` _.6,36 '== Y99,482 `'=°=' AM (10,452,744) Total Capital Assets Being Depreciated,Net :::': 11S'1 = _. 23,409,915 ::.,._. :::::::: 530 --- =��,. --- S�- :,_ :. . Governmental Activities _`--= Capital Assets Net 3,952,15t#=_>'::? 55,558,131 :.. Depreciation expense x ; 9,482 was charged to the ; mental vities functional expense categories as follow .:�1' _ _ ~Go . en ` "tivities4_ De~` ation x r m ,� P a -nune = :;r 75,886 er 1 Cie n ;: ::. -x » :<:. - 90,157 944,591 - ==s: r : r 7,400 lion Re 181,448 Total $ 1.299.482 (Continued) 43. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 4-FIXED ASSETS (Continued) _ Restated _ Balance at Balance at May 1,2005 Additions .........' etions "-..: May 1,2006 Business-Type Activities: Capital Assets not Being Depreciated Land $ 615,376 $ ' 615,376 Construction in Progress 3,636,860 6,1 "1 '10,487 5,082,128 Total Capital Assets not - Being Depreciated 4,252,236 -_=`: .:,-�:,�r�55,755�� :,- 4,710,487 5,697,504 Capital Assets B 'm g Depreciated: recs ated: _ - Equipment 11;4'10688'"` '-� W 1,665,417? - 15 076105 .............. Infrastructure 201,127 12,393,831 bt Su otal ::.27469,936 Less Accumulated Depreciation for. - - - Equipm ent � �93,3 22•':�:':�".�t..y:::,:�:.�....'�;�: �V - 1,85 9,244) Infrastructure (1826 ) (1,103,882) Total Accumulated Depreciation _: (2 , ;:;,• 375,990 - 963126 :-..... Total Capital Assets Being 8 Depreciated,N ................ et : c:.. . •:::::• . .:...... ...:........ 24 506,810 B usiness- - - • T Y P a Activities Capital Assets Net $ 2 $492 2146 0 .^Y P 4,710,487 $ 30,204,314 Depreciation exts o.: fl3,100.anil'$72,890 w as cri ~ ~`` to the water functional expense and sewer functional' "`::._:"° : ate %res ec "` ;:;'r=°r ::.. _ tit it it. : ... , ., p ... � ... . S_ _ (Continued) 44. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 5-DEFINED BENEFIT PENSION PLANS "N=" " ' Ys�v3+y Illinois Municipal Retirement Fund: The City's defined benefit perji,Illinois Ntipal Retirement(IMRF) provides retirement, disability, annual cost of fig a� str-,,, and death benefits to plan members and beneficiaries. IMRF is an agent mat emp.1 p plan that acts as a common investment and administrative agent for local GoVz -anci'MI districts -" -- in Illinois. The Illinois Pension Code establishes the benefit provisions ialan that can only be amended by the Illinois General Assembly. IMRF issues a Aft availah cial report that includes financial statements and required supplements : That report may be obtained by writing to the Illinois Municipal Retirement 17u2ad, Suite 500,Oak Brook,Illinois 60523. Employees participating in IMRF are required to contr x,50%tf it annual covered salary. The member rate is established by state statute. The= t .is ret d to� ontrib4oW an actuarially determined rate. The employer rate for calena€ f3s_` r �/° of pa The employer contribution requirements are established aril xna amended b j the Ilvf Ord of Trustees. IMRF's unfunded actuarial accrued liabili i� d as a leve]�; eis' _ f r 'ected ty; P of payrolls on a closed basis (overfundet ' abiI r ort z _iron open=�iasis). Tw"ii*ain1 9 amortization period at December 31 20 tt?a ` 7 P - - Y For December 31,2005,the City's areal er j ri te4:i�ti�k�175,120 wi ` .:ua €a i 's required and m a actual contributions. The require4j=! #ioit': as deimined as psi December 31,2003 actuarial valuation using the ere ag is 'x tethod. The actuaria a tons included <._. - . ( )a 7.50%investment rate of re'-t t o�� i' inisfr five a "' ,25* xP )prolectecl y increases of 4.00%a year attributable to inflatioeddt :projected sip x ?? g from 0.4%to 11.6% per year depending on age ayNi _ic attributable l�it, and (d) post retirement benefit incrers of 3%annu 'he actua ,al;yalue of assets was determined y using techniques that sirti at the effects of hort-tern[ * a ` i in the xket value of investments over a five-year perd.:with�� ,corriC The astptiorijsedjor' 005 actuarial valuation ht._ were based on the: 72-2004'* Study Nam, "SEND INFOIZIQdW :�°: : _.:: • V ti alas on='�s��^��:r-�... "•aI P ,btu ens °°='�"�'::;_�'�;�: .:.Of AMU, Net Pension - .::-. `sfwost A-. tribu£ed Obli ation 174,635 131,995 ",:'`;100% 0 ::.._ _» ;x'2/31 } ;,;_ 66,662 100% 0 31%1 . = 105,124 100% 0 31/00 120,515 100% 0 31/99 121,714 100% 0 12/31/98 120,377 100% 0 r`' 31/97 119,648 100% 0 31/96 94,581 100% 0 (Continued) 45. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 5-DEFINED BENEFIT PENSION PLANS Continued Police Pension During fiscal year 2002,the City's police force began making cotionstY ?n�y formed Police Pension Fund. As of April 30, 2004 (the latest information - $796; : had been deposited into the fund. The following is a description of the plan: Plan Description: Police sworn personnel are covered by J mn k' ior iznd, which is a defined benefit single-employer pension plan. Although this is4 gl 1 r pension plan,the defined benefits and employee and employer cozbutions"'1s%are governed by Illinois Compiled Statutes (40 ILCS 5/3) and may be amender ._by t11 6ois legislature. The City accounts for the plan as a pension trust fund. At Ap [ OOz:;die Police, Pension Fund membership consisted of: - - - Retirees and benefic is rtes currentl ' Y - receiving benefits and t r t _ ...:.:.:.::.... employees entitled to ben fit Hu . not g et receiving them - - Y - - E ..::::... .:.:::..::::........ Current m to ees P Y _ Vested - 1 Nonvested 7 Total :..._........ :::::::::. :......... .:jf'es it The following is a surrW of the Police' nsion F as provfor in Illinois Compiled :...._........ f:. Statutes. -,::__... ...:::... Police Pens' ""` and ovic�� =° :,:__: :- The Po zxt :Fx,- es: tement b` Es.;as< u `asath and disability benefits. Employees atta the:a of 50 or ri1fire with 20 or iiab ears of creditable service are entitled to receive an annuatxrnt benet'•of one-1 °; # e saYa iached to the rank held on the last ni day of sere ;err for' ear br to th st a r cheve s eater. The pension shall be gr P increased ` ksucli s 1` °` t each ai: tional earrvice over 20 ears u to 30 years,and 1%of sJ `salarq ,ach addonal year vice overQ years,to a maximum of 75%of such ,.. -01. :. salary=' loye 'f ::fast 8 years but Iess th" 20- rs of credited service may retire at or after..a e' ?' ' ... seduced benefit. moy pens f a police officer who retired with 20 or more years of service after January 1, 77,shalae increased annually,following the first anniversary date of retirement and be paid Up. g the age of at least 55 years,by 3% of the original pension and 3% simple interest annum`#3aereafter. (Continued) 46. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 5-DEFINED BENEFIT PENSION PLANS(Continued) s =' : Summary of Significant Accounting Policies and Plan Asset Matters, "" =r �er"- Basis of Accounting - The financial statements are prepared usix _casc: = �€ gcounting. Employee contributions are recognized as additions in the period ire iiploy 4 5ervices are performed. = Method Used to Value Investments-Investments are reportecT=i horf=berm investments are reported at cost,which approximates fair value. Investmeri _ tmrized when earned. Gains and losses on sales and exchanges of fixecfcome ss are recognized on the transaction date. Contributions: Covered employees are re uir 't ? % of their a Sala to the Police Pension Fund. If an employee leaves cayere loymi less th, ears of service, accumulated employee contributions maybe u de out accumulat st. The City is required to contribute the remaining gzounf ° eessarc._'finance: plaz"' '= uarially ::. _.:.:4. .µ determined by an enrolled actuary at th ti s:De nt of Insuram Future adi�• tive costs are expected to be financed through 1 ; ft eggs. NOTE 6-TRANSFERS = - - r...... - - �;aittin the primary following tr ansfers were year ==g overnment _ ::: : -_ Transfers In '= � e:::: ;: _ _ fers;Out General Libra - 28,000 000 N `: 6'or a r'y, ^ A _ ° .:�. ) �.�.c�?_rnrn "r _ 857,951 .. w. ^'- tt?x:Im :.:.veinent&E'' ansion 15,000 s" ``�, w a 70 Otl : �Tbta<Ieneral`111it" ^- 0,000 900,951 :::..:.. .............. G' 1 28,000 - :Total' ry 28,000 - (Continued) 47. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 6-TRANSFERS (Continued) =" Transfers In sfers Out Non-major Governmental - General $ 85795 `':';:^ Non-major Governmental 159 15923 Water Improvement&Expansion 296,442 _ Sanitary Improvement&Expansionx .13 _ Water .. ....::,.... 287,950 Sewer Maintenance €QQ 584,286 Total Non-major Governmental _:.. 2 039"$ 9"`°' ` . 1,031,459 Water Imry 0 p em ent& Expansion U nsion - Genera 1 N o -m al or Governmental e rn m e nta 1 _ Water 2;(346;893 2 430'2 Total Water Im P rov em e nt &E p 5 l u..... 2..,0 61,893 -•• . , 6,710 Sanitary Improvement tarn &E x Non- . ma' or - Gov e rnm 1 _ _ - - _ ::;:.. 646,213 Sewer Maintenance 110 ; ....... 0 :.... 89,689 Total Sanitary Improvement ans o 11,0��Q:Q(} ';-:::: ::::,.13,5'35,902 .. Water General e al 200,000 000 Non-maJcr ,overrietzt ::. : 8 :..50 .� ,._.. 50,000 v Water - r Ixn em :..:::. r._ � _ ... 2,046,893 Total-. r - - 0 `" te X18,218 S - a' • n ~: 70,000 00 '?iVon- - oyernrrirital ;;'' 5 "�- 30,000 :::...: y ent&Ex pan ,:::� '85 _- P !._ 9,689 11,091,000 :�==.-fie - ..t wer Maintenance ,443,975 11,191,000 +- 1 $ 31,652,915 $ 31,652 915 (Continued) 48. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 6-TRANSFERS (Continued) Purpose of significant transfers is as follows: • $11,091,000 transferred to move bond proceeds from Sew :e _o Sanitary Improvement&Expansion Fund. This transfer will not be`rxK " • $2,046,893 transferred to move bond proceeds from; a Fund to-IN nprovement& Expansion Fund. This transfer will not be repaid. = • $4,269,866 transferred to move capital assets. ;;,Sewer Nfance Fund from Sanitary Improvement&Expansion Fund and$8,589,8Mferre3 anove assets held for others to Sewer Maintenance Fund from SanitaxyImprdv . nts icpansie ..Fund (totaling $12,859,689). This transfer will not be - _ = "= • $2,430,268 transferred t - o move capital ;.Fund from tem `: vement & Expansion Fund. This transfer P ppt bee: epald. .... ^s • Nz $287,950 transferred from Debt Ser , -. ound t..."p"r cupry ear debt service payments. This transfer `':A' • $584,286 transferred frond"Debf .�..... `'`` Sewer. . - .e. fca alantenance p #o cover current year debt service a me "' _ z will not ::.. • $296,442 transferred from Water'"imp ement&E ansiv �u1 I g&Service F ::: ?�P and to cover current y €ebt service payiits. Tlt # fer wbe repaid. _.. z:_ $646,213 tray red froft '4 rov 1" ... dip e#i &E . . -..>_ uritl to Debt Service Fund to cover a.. f eaz:; e.t serf a ents: Y :` Ym z ': cr�v €t be repaid. • $102,043 tram€ ti 'fromuitariicipal., und'f era1 Fund to cover debt service _ pay land` p8 t sferredh in Park-94M. reafibn Fund to General Fund to cover ezIbye _ cpenses capitalhases (tots $857,951). This transfer will not be ='aid. nsferred"from Water Fun d to Geri ��`:�fund to cover employee expenses. This fe' =dot be repaid. (Continued) 49. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 7-INTERFUND RECEIVABLES AND PAYABLES tin Interfund receivables and payables as of April 30,2006 are summariz ` ? ew: = - Due From Other Funds tttr FuncTs °°`!''Y General Non-major governmental $ ° ;;;:::..:$ 624 '`; 56, Water - 235,450 Sewer Maintenance 353 ,5 02 Total General =`'' 645,576 <::::::: Non-major Governmental �•;� :::=�=.::. General = - � �:•.:.°: ...:;:_:.:= ::::-::-15,746 Total Non-major Governmental 56,624 :`.va,746 Water ter General _ 5 45 0 Atit Sewer Maintenance = "°''45 068 - Total Water 280 S 18 Sewer Maintenance General .......... ............ ................ �• Water - - `- 45,068 Total Sewer Mai We ''=353,502'`_'w°° '' ' 45,068 Total .............. 1,006,390 Purpose of si :"��°�-. nt ir.-Ar xid receivables . a ya1 j ' r : Pure g i c ands,y -*m.as follows: .. - $76 �;: ..:du rat= .ant sh Fur =$204,5E frofr Munici al Building Fund, and ` fr om DeCrvlce FuQ,General p (totaling$315,746)for cash overdrafts. ::.:. " aymcpecteci within one" ' __:. ::•r;;:.$ :.'Q'due from-General Fun t ",_,-.,,..- d o Watero cover employee expenses and capital r=faen d ; ;,.Repayment is expected within one year. ........ ..,502 due from General Fund to Sewer Maintenance Fund to cover employee expenses =' cl capital expenditures. Repayment is expected within one year. (Continued) 50. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 8-DEPOSITS AND INVESTMENTS _ G �: "✓`mss"' - '= - Cash '- JK =` • The carrying amount of cash,excluding the Pension Trust Fund,wa4,8$ at April 30,2006, while the bank balances were$25,210,496. The account balances: ban. ?v sured either by the Federal Deposit Insurance Corporation(FDIC)for$100,000,NJ ed` securities of the U.S.Government or with letters of credit issued by the Federal HNNAWn Bank held in the City's name by financial institutions acting as the City's acept for•` 88 of the bank balance which as of April 30,2006,was not collateralized. S. At April 30,2006, the Pension Trust Fund's carryingu ount o- - $186,634 and the bank balances was$186,634. The FDIC insures bank balaxiee i _#o$1( Q. As of April 30,2006,the bank balance was 100%collateralized. - Certificates of Dg posit _ Certificates of Deposit,excluding the Pensio st Ftstounted to 30,2006. In accordance with the City's policy,cent ate§�O,r:gosit 00ftFollatpr s of the U.S.Government in an amount equal to` `vf the'felon depositor:_.__iinvestment .:. sal is •y held in safekeeping in the City's name byttia`= tit #%ss actinie Ci !sragent. Collateral is priced to market semi-monthly y arnoruttiid_regy with adal etateral requested as necessary. - Investments excludin P ens orr`g - The investments which the City rim`` cliff "=` =e limited to-" -LP- =s vin s checkin money market accounts,certificate of zts,and the IllinoisltirtlVlarker Fund and prime Fund. Any oth ` r a of investmerit%ll requ# #y Couiproval. All investments shall be as authorized in ;' ois Co Statging th estment of public funds. As of April 30,200 r` e City' `€ t 1 any fug ;fn mvv Interest Rate Ri o ``~'J e C' oli ,. � p cy states that a varazi� and maturities, properly balaric 1p to ens ue liqui r.':`; duedk or interest rate volatility and loss of pruicipal.:Rp -policy^notst specuts ititmeratunhes as a means of managing its expo .WA :.vale l ss± -prising£� increasiri rest rates. MSA ::... Credit= ..In , ri t -shall be made wift��"��: : ftfend care under circumstances then ;x: toms s e prevailin i :.pers6 prudence,discretion; elligence exercise in management of their ' rs,iTO : 3'°;speculation,but for investment,coiTsidering the safety of their capital,as well as 'proEe incci ko be derived. The standard of prudence to be used by investment officials all beprudent person standard and shall be applied in the context of managing an overall (Continued) 51. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 8-DEPOSITS AND INVESTMENTS (Continued) Custodial Credit Risk. For an investment, custodial credit risk is the;t` 1 _in the even:°of the failure of the counterparty, the City will not be able to recover tk valustments or collateral securities that are in the possession of an outside party ;the C'.' pgent policy requires that all amounts in excess of any insurance limits be coil ern -a. approves securities or surety bonds issued by top-rated insurers, having a value of at lead`ftW of the deposits. Collateral is required as security whenever deposits excsurance= #s of the FDIC. Repurchase agreements must also be collateralized in the""" is :QWo_ofi`market value of principal and accrued interest. Collateral shall be held at an iricendt3" party institution in the name of the City. The third party institutiorhall comp::^ fh all qualifications and requirements as set forth in the Illinois Complied Scat zE 3Q.;IL&ft6. Concentration o f Credit Risk. The City's policy . _ ,. rumts�f and maturities,properly balanced,will help to ensure te risk ox_ crest rate volatility and loss of principal. Diversifying instrumeid mtthes will avoid.l>ter '`'',tttyeasonab e MI- 3:: .. ;::• risks in the investment portfolio regardi 44 s etr recur ty+', ':.es,issuers;or indiv�,%ugl; anancial institutions. The City shall divers' to' e� s�:;of its': b �ed o ` ;• ' :.._::.:ty type of fund and the cash flow needs of those funds. TFi Vii, '` a g ito riit on 00 oun be City may'Invest in any one issuer. Police Pensi on on Investments store = The Pe - nnion Trust Fund d' n i s au thorizedyeslt; vestments pittection 3-135 of the Illinois Police Pension Code 40 ILCS t :,which includes tf':"'fb"` ' 2 interest beaten bonds or tax anticipatio.r�rarrants of the"U tCl ed Statcs;l f;the Staf :tlinois, or of an coon , Y township or Municipal- dzlration of :-;:State ol:' oits 2) Insuree withdrawable capital accounts of State chared says_and i associtirc(ris,(3)iur ;x tTtawable ca ital accounts P of federal chartezavin ..:.:and Ii�ssociatior�s =tlwiv :;``" ._iffif .��;t�apital accounts are insured by the Federal Sgs ant- an T Insiance Co oratb sitsured investmen -.. _.. rp is m credit union,(5) savings accounfS` ze # sates 964-e posit of or'st ;banks 6 P , ( ) securities described in section on 1 1 I3. f::he .::: .... .�::;:;-:��: :: =r:,. ��;":;are tx-."t.,. Tll � Cod�F conti'� �and�ag�� ents�su:- lemental thereto providing for Pp P g investmexit'i ;genera ec�ant of a.;lx?surance c ; :any authorized to do business in the Y.. :'." .�::^iii:• ..y.: ." State o€: noes, i ;sep#rate'`accounts of a I suranc tampan authorized to do business in Y Min oisF;( ipr}se `aeif`con or preferred stoeixrlonetor mone market instruments and 9 Y ( ) federal neit1'b Mortgaga��ssociation(FNMA)anAt 2' nt loan marketing association(SLMA). �'1t Pe TrustilfEtid's primary objective in dealing with investments is safe liquidity, ::::::.. g safety, and 1itixm avestments. Safety is foremost objective and investments shall be undertaken in a st `at seeks to insure the preservation of the capital. The investment portfolio shall remain suff l.liquid to enable the Fund to meet all operating requirements that might be reasonably anticipafssets will be invested to achieve attractive real rates of return. (Continued) 52. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 8-DEPOSITS AND INVESTMENTS (Continued) The following schedule reports the fair values and maturities for PensFund's inv5# ients at April 30,2006: r Investrnri_ t }"es ; Less than One to Five ``° '' 'k�rTen Greater than Investment Type Fair Value One Year Ten Years U.S.Treasuries "`ate $ 491,885 $ 24,793 $ ±` Gi�f °= $ 67,726 Federal Home Loan Mortgag 370,050 99,362 Federal National Mortgage 316,972 - 208 ; 64,641 43,521 Federal Nad Mortage Assoc 62,759 62,759 Total Fixed Income Securities 1,241,666 $ 124,155 r`' - 682' .- 198,823 �.. �.:�... $ 174,006 Equities 141,783 _ _ -_ Anti. Total Investments $ 1,383,449k Interest Rate Risk.The Pension Trust Fund'ilt' .ve5' `'`"- - .. .:po1 ?fates that° o'more th ,Qf plan assets shall e invested in illiquid, to :f f anves t ts. Suckt`V t estments may`:dude :r:; certificates of deposits and guaranteed insit t racts:�`;to y of lan M ang which would have a noticeable impact on markejt' ee;,in le'i part is also% t "t.—R'quid. :..:. :_ x Credit Risk. Credit risk is the r s _thaVftfty u�r= = ter co ux xparty to ari i trnent will not fulfill its obligations. The Pensa tst Iihl limits its"- `:` - ? #Q credif�ri k by Primarily investing n securities issued ,:y::::. _.::..- g es Governn ^:axitia�gencies that are implicitly guaranteed by the United Sta s venlment. The inv ;n i tfie securities of the United States Governn , envies were all`r ted Tri ^StarA Poor's and by Moody's y, Investor Services. Tie Peres .....T FuxJ€#i;policy.:a Grit the" ent person'rule which states,"Investmensall be ri tip -,..•,., t gmen ; care}.[ curistances then prevailing, which persons 4 uden _ciiscr tt z- d intellige se iit f 6anagement of their own affairs,not for ~:� latiq zt for invAtment,_%Tpder primary objective of safety as well as the second objecf ± attainxait of ma ipf reliir,;.. u Csto ' r _ ask or i .� estment"; �k�dial crect�i'' .:, .:ask is the risk that,in the event of the failure:vffhe cotrty, tlt� Pension T~�t ( '�nd wi�#? gt be able to recover the value of its ... . investiox;. ateririties that are in tlie , t of an outside party. The Pension Trust __.... .. ... p t3' Fund:'s inv6o#ftt poli cy sloes not state specific colt l requirements. (Continued) 53. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 8-DEPOSITS AND INVESTMENTS (Continued) Concentration of Credit Risk. There is a risk of loss attributed to nude of theTaeuld's investment in a single issuer. The Fund does not have a formal poliith reoeto concentration risk for investments. As of April 30,2006,the Pension Trust Fun ftti.ov909M ;Ut plan assets invested in various agency securities and equities as listed below. agency=investments represent a large portion of the portfolio,the investments are diversified" '-fbaturity dates and as mentioned below are backed by the issuing organization..:::' : ,:.. The following investments tments exceeded 5/ of total investments. - - Invt ='f ".';9=of Total Description Amorft '";-.. IiXtvnents .. Fixed Income Securities 43U S Treasury ,510.38/ - US Treasury Note _ Federal Home Loan Mort a"`"'`"` _::. ::::g & . . ,:. 7.181"` Federal NationalMortg : �_^, •`��' '''>=;:. 72'0'�f`�` Federal National Mort` `-' ' ::, Y' " `` "` g`I ::::;:••::._ ``?2,055' o Equities - - Davis NY n _ 9 4 Reconciliation lia lzon o fn note to faxuctal - - staf [�f1ts °•:::::::�::::::::.:: "_. - Per financial meet notes: City's c a sh - and i noes tm• enis• Total 1car r amoui��`��°`�: carrying x�iie City's deposits from above';;:;'''` _ $ 24,881,780 Total carrying mount of ; =i . 's c Ymg ,. ertifc l of e,q.`roir ve Police -,: ':. P:•-.. 1,203,949 Pension nsion ca s�'`: :d inv •: i xleposits frT otal ca 1Ty i n carrying...'. t sa othiy == - 186,634 Total can yizounfiuPenoninvestm eII#s :::;:::.::...... 1,383,449 Total cash and iri".: :., fl fr o rn - $ 27,655,812 Per fina n ` s f . � to etnts: ....... ernes, of Nefej _°:Gash and Cash E uivA :.. Sta.e 4 $ 25,774,567 to .;.. . me#l.cti: Gciary'1Tslssets-Cash and Casli'ly} -1` 15 ertsiorfTT` 'A...-Fund " _° .:,,Furi '' `' ::,. 186,634 :.::• '.a :::::::::::•. 311,162 =Statem i -bf Fiduc ai' i Net Assets-Investments ;Pezr `Trust Fund 1,383,449 Mi.Ioft` sh and investments per financial statements $ 27,655,812 (Continued) 54. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 9-FUND EQUITY -`:4' •..�fir.., The following adjustments and corrections posted to beginning fun ` s/net assefs' Governmental Activities A,7-- :dl: Net Asset balance as previously reported -'' '' =?, '' "tip Correction of error in the prior year recording of cash - 42,465 Correction of error in the prior year recording of capital asse d owns ` ;: 406,129 Adjusted Beginning Net Assets t _ - :$ 51,588,572 ~ '=_ _ Business Type Activities Net Asset balance as previously reported 'ZI- $ 12,522,420 tZI Correction of error in recording of assets held fotYiers =ti =.:.. = 2,171,104 Correction of error in recording of co nstruciion i .°_'-. -:: 789 458 Correction of error in recording of capital asts a 'piear adcliirii _ 4=r:':::._ (934,030) Adjusted Beginning Net Assets 7 g - 48 952 Gen eral Fund - ii - Fund Balance as previously re orted "=4 ='�:?_ -r: -- "`'-- r - P Y P __w. ; - A . 2,142,628 Correction of error in the prior e4 Qr in Y``l '-~s _ }+s::: =:`5 :.= =` P Y.. , .... l .gix a _.. 42,465 Adjusted Beginning Fund Balance 2,185,093 Water - er Fund - Fund Balance as previously reported ``;: ' ,,: 9,374,371 = _ .. . Correction of error ir, cording of capital` is as prior;. r additi' 1s ' t 2,644,318 Adjusted Beginning Fiiri _ _ `~ '`~ _- :. d;$�il• nce :r :- °t�`�_=_ •r,� _ _ $ 12,018,689 Sewer Maintena '�und _ Fund Balanc � ,.ep $ 43,428 rrevio• ,.::r orted` r _s: Correction di ^ infrastru Y?^+�~ ~x;: Y -: ,r ;c5 , cetlaiorye ii�.ditions 2,171,104 Correctila Qf erio :egordii _es€infrastXife as pear a #rbns (2,788,890) Adj - ,::n gFv -e . un al' e J ust $ (574,358) Ar W. t it (Continued) 55. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 10-SEGMENT INFORMATION r^ The City issued revenue bonds to finance its Sanitary Improvemnu pansion aric€ mater Improvement&Expansion funds. Each of these activities is accouri "fob separate fund. However,investors in'the revenue bonds rely solely on the revert ```::;•;_ c1- t :' dividual :.. .::...:..:..... by .:: ;. activities for repayment. Summary financial information for these ac .is presented below: it Condensed Statement of Net Assets: i•`..... 3.. - TlEtinbenance Wa �d = Fund Assets: Current Assets $.: gm . ,. 60,927 Deferred Items - _ Capital Assets +=' Total Assets 20,165,$' .•:::::.• Liabilities: Current Liabilities - - - - - ��'222 82 _ 7 62 - 9 438 Advances nces fro m Other F � - - - . 45,068 Noncurrent Liabilities::;;:; :::::. °`':""``"'` i"! ':' 10,319ys.'°° " = ,987 .:.: T otal iab' ' L ihh es - 10 �Fv 44i................ -- r Net Assets: In es - v t ed i n Ca�'� `• s ets N ice:;`. et .......... _....:...... R - elate 13 t b :........... ;::: :.... -..._ ...,_:.. ._...... Unresttl - _.... . :... ..... ,:,::..:.....l......... .:.:.. 1,815,378 T l'# lssets Total r. -- $ U ,938 -$ 1,815,378 -4 till (Continued) 56. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 °y=am.~;fie NOTE 10-SEGMENT INFORMATION(Continued) Condensed Statement of Revenues,Expenses and Changes in Net Ash Sys Sea ce s•:v.: Water Fund Operating Revenues $ 1 ,5 16 890 659,575 Cost of Sales " - : .).. L Operating Income(Loss) -'`+ . I- ==: --�.Y 402,826 :..M� Nonoperating Revenues(Expenses): "''= .y -- _...; Other Revenue =�` 22 7n Donations Developer P %. 50,37( Vi=a. 221,309 Interest Expense --... x ?5424,405) Intvestment Income ; 25,154 Administration 1431 ! - Depreciation - 2 - P 0 19 2 ,5 1 3 x Transfers 25= - 2,252:• .' �.,. = �� '- �--• Chan in Net Assets "^=:`-::- -: ='''°-: _ Change = _��sa:�r � :� 885,249��:`4°` 2,389,75&�?'' Beginning Net Assets restated �:: : ,018,68 ' `y : g -;.. .��z��;' _ (574,358) Ending Net Ass - - ets — _ - _$•'"�',ry�r=�`12,903,938'��=�� ::.:.:Y_..,: 1,815 78 Condensed ed Sta en t Ca Statement of - Cash Fl 'Sewer Maintenance z Fund Net Cash Pro - _ r vj� c (Used B:;:: .ti :. .s 'K y Operating A.•:- es 404,694 Noncapita,. tncinCvities.; `IW��'�`X522 091 y - 2,252,975 :::... �~"v-ties ig _ 25)Ca and ancin g (2,352,975) ti. i�Vltle$: i-? :. ::: :.• -"2 8 ..�... ��=�-�• � 25,154 N _ eG•?' re; t- se??" ... 'E..,_�.c 159,035 _ 329,848 Bq'""'_in C. €Ir: sh E4 ivalents g _ __ 441,462 327,526 Briii ' a "'ndCa' ..iw r .;. .$ alents == ,•-_ ?,`r -` 600,497 $ 657,374 _ -is Fi}•y' .. (Continued) 57. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 11-RECEIVABLES The following is a summary of other taxes,due from other governmezt# snts,notes,ar ether =: receivables by fund type at April 30,2006. �=='��'�- •�� -� -; ;- Governmental Activities: TotI Special =;$tatement of General '=ltietue - '' Assets Inter govemmentalReceivable- '- Personal Property Tax Receivable $ 2A66 $ i`` - 2,866 Illinois Income Tax Receivable 163,419 Illinois Local Use Receivable 29,444 29,444 Illinois Sale Receivable -: o s - Utili ty Tax Receivable 309,668:, Traffic Fines Receivable - Illinois Motor Fuel uel Tax e'v Rec i able - 4 1 94 : Total Intergovernmental Receivable $• 3,4 1 _ Accounts Receivable: -:;; s Customer Accounts Receivale__. .`''` '+' 64 - - _ x� �� _ : � ��:�':: 36,264 Other Accounts Receivable 6 38110 - g , ��3 110 Total Accounts Receivable .;.;$ '"'�`674,374 $ ``` ...... - 674,374 - -�- Bu's w "-•-: a�>' ....;•:. x _e..;�'FYPe A,tEt es: •::::.:..::� .:.�:::._. s ants .:::.... .n ............._ AcaJ . Relile: ervable G5>:storrar °��'��$.';•� 376.844 otal c '. A ce' „`u'Is Re ........... .��..� .:t�„ :,r:..•.... �-$`�:''`'�' •-X76,844 ......... .. . The: .; is exposed to various risks o#loss related to fates theft of damage to and destruction ;arxs ansssions;injuries to employees;and natural disasters. These risks are covered comrial insurance purchased from independent third parties. The City also purchased its ' a_oyealth and accident insurance from commercial carriers. Settled claims from these risks liar o exceeded commercial insurance coverage for the past three years. There were no signifcductions in insurance coverage during the fiscal year ended Apri130,2006. (Continued) 58. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO THE FINANCIAL STATEMENTS April 30,2006 NOTE 13-SUBSEQUENT EVENTS On August 1,2006,the City issued$1,500,000 General Obligation Lik)MITHO Series 2i with interest ranging from 4.75 to 4.80 payable with principal throuceri . Q 2024 for capital project costs relating to the Library. T r : -"�.- - On December 19,2006,the City issued$5,555,000 Refunding Debt Cert ,Series 2006A,with interest ranging from 4.0%to 4.2%payable with principal tl,@ May 1,2 € fund the City's outstanding Debt Certificates(Capital Appreciation),Series ;° y ,.202 Refunding Debt Certificates,Series 2002A,due January 1,2022,and Debt Cex tii( s,Sete ;due December 15, 2022. It t -'',tip� L.'��r.��• r'v _ mzia Mt ZtEr - yrsi: y�•t . ,21.. .:::.�-v...t..,... .....is�y:t ..._._.... ...-...- Jr....• _ Aft It - _ -- -^.�:5- pGiv .Itl v...,. ii::,•t, 59. UNITED CITY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION-BUDGETARY COMPARISON SCHEDULE SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANG . BUDGET(BUDGETARY BASIS)AND ACTUAL-GENERAL FUND Year Ended April 30,2006 _ General Fund Variance Original Final :.Positive Budget Budget ctuii`~ s? t 'Psie ative Revenues `~ .:.n. Property Taxes $ 1,499,671 $ 1,48%100..; 269,879 Sales Tax 2,308,900 230$'.:...:::..-. �`):•:::.::;:::. G!( _=' :,::..: 2548,7841 239,884 Income Tax 638,820 666" i;_ `' ' `'" g 13,842 340,0 0;500,000 Utili Utility 4fT3. " 7 63,657 Other Taxes 617,006 ==;:;;782,006 950,366 168,360 Licenses,Permits&Fees 7,181,179 3,905 385 (273,395) Fines :::;::: 73,500 =!'•: } ;::• 76,534 3,034 Investment Income 20,000 15,940 Grants 42,590 Y'` 5 '`r` .....:.�.;a:s.�. 723;�;�i�" (21,374) Other Revenue 14 74,330 Carry Over p p( C'`.,'';a:;:;.. _ 4 _ Total Revenues ':k 063 0 .:............... -:�::;:- ..... 6.7,248 ..�. �s" a4,157 -- - - Expenditures _ Current: - en General Gov - ernment =x;480,979 151 (7,172 Public Safe 43X1::;:: ;`is. ) ;: s 2,224,534:.,..__ 2,15Sls-i:;.• 59,423 u P blic Works :,;; a°;-: ...10;1`4f)r '�:a:. 7,083,85 Total Expenditures xP _ X1633,44"fir 3,589,294 Excess(deficiency)of revenu '' over(under)expenditures .. . :-.....,.. , 77 4,143,451 NNN Other Financi n Sour 6e�i s :....: Pr oc ee ds from Is s.�..a." _ce eb ._ - �� 5;?",�25 _� 3,825,000 532225 ............::: Discount on Borid 'c; - (6,914) itt 1, 6,914 c A trued Intere t ' s on�� ds •�-��.:.:. 19,747 19,747 Transfers 71000 iiiXf320,000' 270,000 350,000 Transfer " , 951) (350,000( x9 (900, ) Total Ot#i nancmgtq.W a:.(Uses)''t 3,687 (); 3,'7'Cr274 3,206,882 • 1. (1,219,392) Net Qi an,., eA 3,624,059 3,624,059 1. alance €ricl Balaat begiiti4jf year 2,185,093 "1xt '; acl;at end of year $ 5,809,152 60. UNITED CITY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION-BUDGETARY COMPARISON SCHEDULE SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALCE BUDGET(BUDGETARY BASIS)AND ACTUAL-COUNTRYSIDE TIF FUI�tT =' `=r Year Ended April 30,2006 �-r,�� = Countryside)M`URMI-1 - Variance Original Final " ' r=`Positive Budge t Buaeet - l - e ative Revenues -' • ^;w Investment Income - $ $ 1F -5-r;' f, 109 $ 9,571 =n. Carry Over - 3, .'_ � ;- _ (3,456,521) Total Revenues - '' ,. 3,556,52 ;. .tea '309,571 (3,446,950) - Expenditures ==¢` Current: '��-_�°� `��::�,=.::• - Community went - ` - Administrative Fees 825 Reserve-Future Bond Pymts ' (3,454,926) Debt Service Interest =t;:. _ :-0155 y 101,595 Expenditures Total Ex 21 1 }454101 P - °y„} Qr (3 ) Excess(deficiency)of revenues over(under)expenditures :. � - 7,151- ; Net Change in Fund Balance 7,151 Fund Balance at be innin :©f eaF='sM - 6,521 Fund Balance at d F n en 3463672 A.. 5. t.;_. .:u,:�^:iii'i. ==•�:T{:=- _ •—'''Tai' 61. UNITED CITY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION-BUDGETARY COMPARISON SCILE SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALAIV , BUDGET(BUDGETARY BASIS)AND ACTUAL-LIBRARY Year Ended April 30,2006 Li Variance Original Final Positive Budget Budge -ke ual:it a ative Revenues Property Taxes $ 370,500 $ Qf7'"=i' ''; ?._;;::::828,443 $ 57,943 Other Taxes Personal Property Replacement Taxes 2,500 '' ": 3,939 1,439 ens s Permits Licenses, nn is&Fees Development Fees-Building 12-j--.;875 95,000 "A-25 7,125 Development Fees-Books p 8 ..:::-::::.• 95.000 =>Y021 :. 7,125 Copy Fees s _ 386 Library Cards --8.000 0,400 Total Licenses Permits&Fees " �j98 900 . :21 ;936 17,036 tgti ttt- Fines _ = F 40s" :. 3000 m :::._.._ _ ..,.,....:.-.-- :. 4,000 1,000 Investment Income �"zti. 43,216 AM Contributions em M orals =(500 `�� 5 OOO,f 1,522 (3,478) Grants r - G ants _ _ 1000'=}��`?�:.. OOU''��`;�..•- (11000) Library Per Ca i L i a p f'arxI►k 7,700 7,700 10,824 3,124 Total T Grants 10,824 2,124 Other Reven e to �``�=' - - Rental _ "`• )f74:::. _': 1,000 1,303 303 Sale of 13:st: :: .:. pro its.. :: ii•.'' 500 518 18 ti.iiii.-to Total Q_,.er Rev '"'_ 1500 - 1 00 1821 ..... ...::.:::::::::.:-- 321 Cif ?"CJver'initi t 202,209 438,028 Total. veites ° 844,809 1,170,878 852,451 (318,427) (Continued) 62. UNITED CITY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION-BUDGETARY COMPARISON SCJLE SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALAIV n. BUDGET(BUDGETARY BASIS)AND ACTUAL-LIBRARY Year Ended April 30,2006 ' "=rss ,5. Librund - - _ - _- Variance - Original Final Y Positive Bud et Bud t " ''`'i:, a a&e - - - , Expenditures Library "`�-:��'.""_�`:y,,,•::. _ ,•_Mu r'- Salaries-Employees $ 300,000 $ 3O w" ?}�l2,499 $ 127,501 Group Health Insurance 45,000 AS 45,Ofw 36,678 8,322 Group Life Insurance 1,500 '_:• 646 854 Dental&Vision Assistance _::....._. :.,.. 986 4 OOQ Bonding `: `4 986 ..:.....:.... Attorney 2 000''-G',c'=t: -_._..•s ey �::f�: - _- 3;Bn��;��' -��":;863 2,137 Contract Services ;: 4,000 3,189 Maintenance-Bldg/janitorial - 5 i=.�+.Q00 3,73€6` _•.. 1,270 :.}. Maintenance-Office Equipment '`'s"tu `flQ0 `3; 00 2,992 "`-__`� 8 u.,oo Maintenance-Photocopier 500 p '.tII L- 411 _ 89 Electricity QO'ti '':F:: 2,500. =; x;419 1,081 Telephone _ . hone -_ 1700 - - �:. '1558 142 P _ , Subscriptions _ P �`=�:`� !�;: ��''�'�'r:::. 4,000 -..;':�x;3,140 860 Training&Conferences "y 500 1,480 Public Relations r =::: - - .:::.�,�-.::_ ::�? °:�.:_ ��r2�:' �i� •:'��`!� 879 Employee ee P Y _ °�>. ,Q(3Q:::. ��' �'`r`•''723 1,277 Contingencies g x,739 17,351 Library Supplies '8;000 3,000 3,124 24 ) Custodial Supplies -6000 w 000 �. PP _ '= - 3,072 4,928 Office Supplies 3,000 : ;:;- ::' `=::. _ 3,490 490 Posta ge&Shipping 1.000' . .. =M-xi f=` 843 157 Publishing&Advq &$ 1,000 586 414 Mileage ::..........:.• ::::-;. _ .... . Y..i::::.. _ _.� °��=_�'��. °�,'_�;:�0 578 422 Videos - = - 5` 00` ;- 678 22 _ . 2, 2,3 Alarm M -- " ' g.::...:: :, ,000 a 1,000 931 69 Libra - - - ry�?�k � ''�A6flO _ 9,500 6,140 3,360 Libra R: :..:. - 500 75 425 Books-Ad '_' -:`- =s = _ 9,000"' =a" "c=: 9,000 9,027 (27) 91 000 9,000 9,058 (58) 9,000 9,000 6,415 2,585 -Re fee 91000 9,000 9,346 (346) "'8giment Fee 179,611 172,910 23,782 149,128 ;,.:,: Metiifts 6,362 91150 2,093 7,057 Bldg-Decent Fees 153,570 191,378 46,697 144,681 Grants - 1,000 - 1,000 (Continued) 63. UNITED QTY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION-BUDGETARY COMPARISON SC )3:CJLE SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCr' BUDGET(BUDGETARY BASIS)AND ACTUAL-LIBRARY FUI_ = Year Ended April 30,2006 Librg Fund Variance Original Final Positive Budget Bud e�t ; (Negative IMRF Particpants $ 9,000 $ ° (1)f _ ;:$ ""'_ b $ 2,260 Social Security/Medicare 22,950 4,803 Building Expansion - 7,405e:,;µ 4,961,662 Automation 8,000 10,543 147,857 Bond Costs - - 95,294 (95,294) Total Expenditures 844,80 .-.,:_: $ 59,. "- 2,924; 56 5,505,203 Excess(deficiency)of revenues ... .. . :.:... over under expenditures ............ 7638 ) 5,186,776 Other ther (Uses) Financing Sours ) Trans fers In - 280 00 0 x•$': 00 Library Expansion Proceeds _.. ,2 .. �r.2aI1�' , 00 13,881 Premiums on Bonds - ?: 00 255 ...� 100,255 Interest on Bonds Sold Accrued 8 920 ............... :.. Total Other Financing Sources(Uses) =�= >;':c;::.. 7,3 123,294 Net Change in Fund Balance - :.. .... e g 070 $ 5.310,070 e a Balance of Fund t beginning . ar 356,809 09 f = Fund Balance at end o ti.,. Yom.::::..: _ ;;�;:: 5,666,879 _ - :"=acs;= ;_;,,_• - - .. 64. UNITED CITY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION IMRF SCHEDULE OF FUNDING PROGRESS APRIL 30,2006 Actuarial Actuarial Accrued Unfunded %. ., 1 � . r a :as Actuarial Value of Liability(AAL) AAL Funded ._-�^�� y� perceiiie of Valuation Assets Entry Age (UAAL) Ratio `'" Pap „ ..,. Covered Payroll Date (a) (b) (b-a) $ 3,213,956 ((b-a)/c) 12/31/2005 $ 2,925,186 $ (288,770) 109.891 `= ;.; }, 52 " %'' 0.00% gii 12/31/2004 2,759,166 2,517,686 (241,480) =aQ9.59% ,, 0.00% 12/31/2003 2,915,820 2,694,940 (220,880) =< $2b% 5n431 0.00% 12/31/2002 2,634,906 2,415,010 (212. 1059tr' c 1,194,657 0.00% 12/31/2001 3,530,307 3,819,354 289,047 = 11757,92y 16.44% 12/31/2000 3,771,735 3,348,239 `' 6}c° sr`2tF ` r 1 0.00% ii ig 12 - _ 31 1999 3 36 7 96 5 / 3 , 07410 . .6 69`~'��'•;"�=•`?�=:::.09.61% - _ �•5 } -�1:::.. 0.00% 12/31/1998 2 74 6 24 _ 0 2 - , 664 , ,.(81.5'E1� '`•�.= 103.06Yo . - "1,377, 09 '=• -�i=ll.00% 1 - 8 5.74%12/31/1997 2,390,369 ` . %.% 12/31/1996 1,974,950 _ 2;08 ; .'"'"fin=` r{}13 ,.-.94.54% ^}� 3fi_, 9.97% ::: ::. _ ',:,`._sit On a market value basis,the actuarial value of asseTx a '; : ecemUer 31,2005 is$3 25 :: -" `e`"`' 4..; .:„ -} ,i ..... a €91c tl?.v5s,the funded ratio would be 111.42%.,�:. =-':'ia• Di est o f an Ch es 2004 Assumptions The actuarial assum q` Wised to det rmuie ~ ^ .r. P.? :.. -fti 't it5iial accrued T l it g.'••brimare lias Y on the 1999-2001 Ex"-"" :testa The principal changes-we :) r., meititseex _ refeail-gym eer.' pew f take y tr_..•.eaF Y: 13gulaz meCigr normalik9il retirements`'" "e ected to occur. A. ..Y :a�..xp ::.:.:.:....... ,..,, ,. 65. UNITED CITY OF YORKVILLE,ILLINOIS _ REQUIRED SUPPLEMENTARY INFORMATION IMRF SCHEDULE OF EMPLOYER CONTRIBUTIONS APRIL 30,2006 is is Actuarial Annual .::.:.. Valuation Employer P:.ercent 4 Date Contributions Contribution'_' W%Modp 12/31/2005 $ 175,120 _ 12/31/2004 174,635 100% 12/31/2003 131,995 12/31/2002 66,662,';;::.:;:. `_'; 6;662 12/31/2001 105*1: :.. 12/31/2000 si ts 12/31/1999 31 1999 4, :.•°17 it ss- •°_Mi— " eS 12/31/1998 ':'120,377.1;;:... I k:ai ::.. 12/31/1997 =' 9 648�`:�`�=:�:::. 1.. T ........... 1Q0,.% 12/31/1996 94,581 wit st Vot7iii:%iii.. ,.,. '::j:'f:ui:: - - _ 66. UNITED CITY OF YORKVILLE,ILLINOIS REQUIRED SUPPLEMENTARY INFORMATION =__ POLICE PENSION FUND SCHEDULE OF FUNDING PROGRESS APRIL 30,2006 sw ... y;:i,.- ''F"s°t_-emu;.: YtE:cx�{;' Actuarial Actuarial Accrued Unfunded UAAL as a Actuarial Value of Liability(AAL) AAL And ed G'�te Percentage of Valuation Assets Entry Age (UAAL) ' Payi`o ` Covered Payroll Date (a) (b) (b-a) ((b-a)/c) 04/30/03 $ 517,894 $ 3,418,034 $ 2,900,1k 15. 34' " $ 789,173 367.50% 04/30/02 NA NA NA NA NA :::. 04/30/01 NA NA NA NA . u;;k;s mss. NA-The pension fund was formed during fiscal year 20Q :as si} #+ ctuarial` tly was Cae at the time of this report _ = -- '"- - R. z tit SCHEDULE OF EW :: ON' TBUTIO. = - _.... patl,A 00.6 Actuarial to = c u Valuation Employ er .S, Rt. = Date Contributions ".:" - '- `" �; ntnbution Contn' E:�i 64/36/63 $ ?r_:i }- 117,713 r '' 117,713..1,Nur= ;-,100.0095 -'` NA 04/30/02 "- _ - J' ��T 04/30/01 - _ N. NA-The pension fun&- rm#04&ing fiscal year 2002,.as:.such, i 'aft study was complete at the time of - this report. P - - - ''3Y'i.:c: .. 67. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO REQUIRED SUPPLEMENTARY INFORMATION April 30,2006 NOTE 1-LEGAL COMPLIANCE AND ACCOUNTABILITY Budgets and Budgetary Accounting: Budgets are adopted on a bas ; nt with accountin g principles generally accepted in the United States of America " AP")," t_for budgeted carryovers in governmental funds and depreciation expense raprfr`'' ezr Certain governmental funds include carryovers as a revenue item,which reprssudgetec`reduction of prior years'accumulations of fund equity. This presentation-.1 not consis th GAAP. Actual amounts are included in these funds to the extent that exp ii other fencing sources/ (uses) exceeded revenues and there is sufficient fund equal , obdgeted amount and current year deficit. The City does not budget for depreciatiop # proprietary funds. Annual budgets are adopted for the General,Countr s I IF,LiY ` ..14lotor Fuel Tax,Land Cash, Sewer Maintenance, Land Acquisition, Debt Service,�ar d R eation Equipment Capital, Public Works Equipment Capital, Police Equip.rnnt::Capfa arcs mid Rec�raiaon, Municipal Building,Fox Industrial,Sanitary ImprovementzFnprove ' E Ex ansion and Water Operating. All annual appropriations'upse'` #sal year ericl. The City follows these procedures in estlishui° fi be.,bud #aiy dataflected iri"tlnancial statements: - 1. Prior to May Z - the Ma or Mali is tb' : y y :;:; y_;_ u. cilthept thedget for the fiscal year commencing the j."W.M1 1`I1e operating bud..........,=' eludes ;:;.:: ::; P g M proposed expenditures and th ans` `: aric m. Public hearings are conducte 2. Pu tthe' xfiy Offices to c�lin tTltxmments. 3. Prior to Ma t"A`�f�•: y .. e bud et is le.'a - ado ..:t ,:;a vote'rN , die ..�:....:..::::. g g Y F_;::�:_::�:�::� . City Council through passage of.�an oid0ifte. 4. F 0 rmah��"` b d et . � a :. g irate `a >ns em to "et ' s:a: ae' :_`-c .... ..? :. �' .:::«. P Y :.:.:_.... � $ nit ontrol device during the year. heral Ftlxtd,`Special...Ievenu fds, Debt Service Fund and Capital Pro'ectsisK "' P The e bu d.�:t.o fic�•�~.zs autli:�" �;��' ;. ,, _.; to tranudgeted aunts between departments within any fund,hrever,aions that alter the fotaependitits of any fund must be approved b the City PP Y T ;°1n .... g``` tshad an excess of expenditures ov e°r budget: cipal Building $ 4,913 (Continued) 68. UNITED CITY OF YORKVILLE,ILLINOIS NOTES TO REQUIRED SUPPLEMENTARY INFORMATION April 30,2006 NOTE 2-PENSION INFORMATION The City's annual pension cost for the current year and related infotEtn for each ps as follows: r Illinois Municipal` ..}_s=:° Retirement Pension Contributed Rates Employer 1 - r: ..: 92% Employee 4.5(° .Y"`''== _ - -9.91% Annual Pension Cost >>'u 7!x,635 $117,713 . -••�'s`�rim.:. -'....-T:.::. Contributions Made --::.•• 7 Actuarial Valuation Date '30 03 Actuarial C ost Method ==:xw nal No #- z _ _� rural Amortization Method on M e th o d - - a Of n �e v el ° of Projected -'='=-u Pa OR Payroll oll f''Close }' _ - des=:::_ .Basis ..::..::�,. .. 0 YRema in u Amortization P ea ..Years Asset Valuation*-.K�_fh - .._ .... 'K W' ar Market Smoothed �::. - - -- - - ark kctlw E,7; '>:. In es - o I6_== 7.50 C. . , oun e d - d` _ .. Compounded iva Il Y Annually " a .. ._- vt e a Increases = 11.6% 550% _ `=;Inflaate Included 4.00°� ° 3.00 Cost of-Living Adjustments 3.00% 3.00% 69. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30,2006 Vance Final Positive Budget _`= #ual alive ire �. g ) Revenues - Property Taxes Property taxes $ 1387100 ,~: =` 33 M- :v..:;:° . ,80 $ 246,708 Township road&bridge taxes 102,000 _ ~`°" + 1:: 23,171 Total Property Taxes 1,489*SAO 8,979 269,879 Sales Tax ` 48,784. ::. 239,884 Income Tax .::;:: .:•:::::::.._ .............. 66?zQ 679.& -; 13,842 Municipal Utility Tax ........_.. •�;;;,_,.:_.... 657 3,657 Other Taxes Per sonal property �Y re la c em ent -- �.::::._,�:.. :::;�=-::::.•_''';<�O,f�n0 .3:. 6,203 NICOR franchise taxes ::;:2{10 000 Cable - TV franchise taxes 75,000 :.91 ........:... + f.... .. 27,791 Telephone franchise taxes ::::::::.....:..::.. P "' 380,000 62,253 Hotel tax 894 2Q. ;;,::_ 1,106) ( Stat e use tax .�r.. . .6 dd ; ,042 9,036 Total Oth er Tax s e . 82 006 - 95-0,366• .:..::::.......... 168,360 :::..... ....... Licenses,I ermi r ees: '; ev - - D elo me f •��` t w n 1z o rks'�=="�� p P �::. �_�;� D,00 '"z��'�• 1229 216 5 Road cozizix fee "' : ,;';: MPI B z- -: 950FQ; ;, 973,098 23,098 i Rid"` d boa.,, Funt1 500 OQQ°°'; 40 :::::::.:::: ::_,:. g (499,960) Li u `= q kt:; :::_::,:• _ :25,O:Qt):`` 24,366 :;: (�) Other lice&;::'r 2,700 (1,800) 1,22000 1,373,536 148,536 A. Plain g _ 25,000 7,023 (17,977) ' arbazircharge 192,780 208,455 15,675 otgn fees-YBSD 34,000 31,881 (2,119) (Continued) 70. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30,2006 '= -" :- Vie Final Positive Budget Eival .: -_ -r=w ; Vegative) Engineering capital fee 40 ~r Yi $°�°s r $ ,000 $ yEIU 12,400 Ordinance fees 2,500 170 Traffic Signal Revenue 5 000-g (5,000) - - Total Licenses,Permits&Fees 4,178,780 }`' (273,395) Fines - 76,534 3,034 Investment Income :, -" --ti = $- 120,94Q 15,940 'y. - mac.. g�•:'`rn:'r.'.e. Grants ..,...a Cops grant vests � Rob Roy reek Hydraulic Stud _ ;u`` "~ Y Y y ::-40, 0'-= , 22,70f° : "� 17,300 Grants 0^ (324} Police State Tobacco Grant 0 - (1,250 Total Grants 750 _:}3 (21,374) Other Rev enue - - _ _ _ Reimburse police traix ,: °x"' 1�,# ;;;� _ _:;:1,805 - DARE donations 125 1125 .......... Reim = s ce P Reimbursement s7. ` rot;:��:� r:,.x. :fix. w�::�:x:�• _�..::__�, 0 02 (498) Miscellan = - eous e c�h _ _ :::�•::. ....:�-:::,,�.-- .�,:..; , .-0._-�-` 5,953 - - - --:�� ...�;':r=�': ..:,:;.l�:-�8 75,953 Total Other Revere.; ,•:.. :,,.. 26, ,. 100,385 74,330 "5'°Y ,;-r:e:•h. '?'••`.5 -'his_ Total v R - e 0,063;0:.;:.�. 10,617,248 $ 554,157 AIV 71. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF EXPENDITURES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERALFUND Year Ended April 30,2006 7'13t e Final - Positive Budget alive Expenditures General Government _ Finance&Administration - Salaries- or Ma $ 7 500`'`r "'''- -. Y � - 09i (595) Salaries-City Clerk 3,600 Salaries-City Treasurer ..::x1.¢00 - 3,635 (35) Salaries-Alderman 29,405 (325) Salaries-Liquor Commissioner 1,OOf ' =Y`a:. 500 ; ::.. 500 is ri -City - Sala es Attorney Salaries-Administrative 9 31 & 580 ..'. 3,740 Salaries-Part Time 5th' - ":`: ::. ,:._.. 1 (341) v S alaries-Overtime e :��?; �� ••:.... ......-....... . ;- - - ='..��..7...°.1'.:3::. ,3998 502 .Benefits-Une 1 o Y.Comp.Tax .: �5 233 5,233 B enefits-Health , 36,687 Benefits-Group Lif e Insu r anc -- _ 136 0 _0 00 B e nefis- Dental Vision A sst 60: 109:: Legal Services ............. .::::;-:.=�:: (22,265) Audit it Fees&Expenses _ ..5. 00 P Accounting Assistance 0 5 00 5,000 . . yp. (2,606)Gasb34 806 2 Employee Assistance 2 867 1633 :. , Codification 0 0 ' _ ..::. _ •;;;��-5,614 614 Building Ins i3 g p� � •�� ;�._:-:;::-�� ..._x;142,685 (227,685) B = and Issu -'41 Cos �: � �' 54,271 : ~:. (54,271) Insurance-L4 b . .. _'t o er :a .:::..: P h'.:= s, ' ' ; i.:.. `= '`::•. 124161 (2,950) Contr a .. _ ( ' ) Mce''° ctt��Se �� rr,.. :. •::�:>:_• 42005 :::_?��R°5U0 .. 495 a:.C p e ..:.: us 67 377 1377 ................... Call onsori ;:,. 30, 32,591 (2,591) Offs - - e ::::... ::TEI 6,600 900 \tlnteta :Office Equipment '' ;`500 190 310 1Vi t ance"y C6uputers 2,000 1,808 192 =` Maim ance-Phb"bcopiers 19,392 19,478 (86) eEg Apparel 1,740 897 843 rogram 31,000 20,000 11,000 TeTepe;:. 15,000 14,174 826 Acctg System Service Fee 8,100 8,090 10 Cellular Telephone 2,300 1,962 338 (Continued) 72. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF EXPENDITURES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30,2006 Final ~-' �. ''- Posiftve Budget __~.~`teal _ - e tive Telephone Systems Maintenace 11,000 = - g 1(�¢ _ :..: _ / Dues $ 4,000 $ $8 $G 242 Illinois Municipal League Dues 781 •-x r-=�.;�: "O Subscriptions 315 - : 185_ Training&Conferences 11,000 "^== _ '�_MMM'- 3,675 Travel Expenses 000 14,268 2,732 Public Relations ' :.. 27,109 2,891 Sponsorships 1,50 fr 300 = 1,200 Contingencies g 46,46M....== 229,528 Office Supplies i {p0 15 - :-.... tr. (3,995) Operating Supplies 5,584 m''•z,'. :;i: , - / Postage&Shipping r`'` 1 OU6°°'=`�='`: _ 61 �' Y ss. 1,239 Printing&Copying __,': " tiQ•. 4 952 X4,452) Publishing&Advertisin g _ 3, 50t=' 3 8 (366) Marketing-Hotel Tax - - - ,53 A. Wit i6r IMRF Participants ants _ _ 4 7 _ _ P 91 - _ .-r��_- 292 Social OC al Security Medicare 821 - 57� 4,366 Computer Equip&S - oftw are P q 18 500 P 7.. a 91 Office " Equipment m - - ent q P 3,000 _ _- -_ ,.._+ _ 1,409 City Tax Rebate -- 1Q• 'L=~''''' =s' 70M 1130 Nicor Gas - / Sales Tax = € '=�'}- ==40 052 (10,052) '300 687 14,613 Misce = lla neo 0. _ - ,�,• _ -t. 100 Total Finance&` t `5 i ration .- 3;_: 4-,63?` _ :.. 4,055 333 1 y _ ( 4,696) Vi - - lla &^^ X11 ~��u s S - "- F :- - :-.257.•��.. �- 254,527 3,402 Salar#euerhme 11000 --'ty5y000 114,830 (49,830) ttachta uices `"'GI -tem' - 5,000 5,000 - ....... Fees ==== 1,000 1,000 - n eiance-Vehicles 4,200 866 3,334 1F+ t? -Office Equip 1,000 276 724 Mairifece-Computers 2,500 1,587 913 'iia Wearing Apparel 1,100 254 846 Cellular Telephone 2,800 2,426 374 (Continued) 73. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF EXPENDITURES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30,2006 Final Posfve Budeet Ne ative Dues 300 7 Training&Conferences $ 6,000 $ - 7 $ "' 5,773 Travel Expense 1,000;;;:„'-_;_:::.- (231) Books&Publications 20 37 Engineering Supplies 3,000 480 Office Supplies 2f00 _ '' 2,464 36 Printing&Copying f # _ 1,667 333 Computer Equipment&Software 3,851)`:;!':', ''' 3,759 91 Office Equipment ._. 0:;��- 430 Pick U Truck ? `�° ::...... .. _..... 40,000 IMRF ants Partici P 240 Social Security Medicare = 75 ty ..:, 45 .. Total Village 0 1 Hall&Grounds 328�`'�'��` Total General Administration - :: 480,979 (7,172) Public Safe ry Police Department - - Salaries-Employees- '° •. 6 ;.. :it€ X37,629 32,525 alari -Lieut . 3,360 S es en .� ��:� ::;�:::. :=�°'`~��-` .: � 295�"'�_`� '�`��....I�.;�-1,935 Salaries- a : , xCoP s 5693: 490 1,203 Salaries-Cro ' "'Guar€ ':_::: - } Qf 17,281 1719 Salaries- 106,758 421 I Sa arses- Part x .I, .. <3 _ 38,966 (3,966) Salaries-"W3vei~#ime '.' ' l;= `t ' ' •�'�(I; 0 45,872 4,128 Cade-;'fro aiTt.;:;:.:::::::::. ::..::...:::... ::: ::. .x` lO,QQ 10,134 (134) . ::::.. 20 17,726 2,274 tet , ,Equipt' `'' xfJO 8,000 - " ttteriar>i hicles 24b00 27,805 3,805 ( ) 1Vlanffice+EggCiient 2,500 2,500 - ;:.,MainfEance-Computers 2,100 2,100 - ` er.Warning Siren Maint 5,000 3,310 1,690 41f # APParel 27,000 24,773 2,227 Copstt Iv-Vests 3,000 2,634 366 Clasy Grant 1,000 - 1,000 Psychological Testing 11500 1,470 30 (Continued) 74. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF EXPENDITURES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30 2006 - .y= _ rt - e Final =may - ~ -' Positive AR : ._._.�. Budget i r- ( g 1 . �i-„chial ��_-�.r,.��-.: Ne alive Health Services 3 000 ��• �`�=.��-mow.= 643 Ri Laboratory Fees $ 1,000 $ y M _ _ --- $s~- 1,000 Telephone 20,000. 3,092 Cellular Telephone 14,00V-,,;;}: =v - :_ 1,993'` 2,007 Mtd-Alerts Fee 4,620 _ --� -= - Dues O {F: y �� 297 x t_° 1,953 Subscriptions 266 34 Training&Conference """` ( ) _ 19,000 °r:x=<:: 19,214. ;, 214 =sue.::_= _ Y Travel Expenses ~ 10 C� 133 Community Relations ? Q0^ 5, Police Commission 5,400 Tuition Reimbursement : 000```" 3 ,522 Asa 1478 Police Recruit Academy n;=r - :: ... .. - 3 500 . _ Gun Range Fees = _ 6 g _ ' f00 ,tr SRT Fee __ _ _ _ 6,500 Office Supplies Operating Supplies `_ .. Y .. . �:.... __... •„:_:-16 000 26 OOt�'r :.._.:..: e n Posta - " 3 000 - '= ,2._ 338 _ 'Printing&Copying 4,500 :zw Publishing&Adverti�; g tQQ. -° s'1,000 - Gasoline - = ` ;3fi... _ sx�::: 3,503 2,203 y' Ammunition n v �; "'``5 000 : 5 - _ 000 IMRF P = - _ = attic' Y` pat '' __ ,73 ::,.:: 8,653 79 dx...... Social Securi':' . : 116,940 (340) Me ;• Police A _ = 1,68 = 231,124 562 s!n Com u " _ - 0w. &'96A .Ware.; ._ ' P t} are.: "s;w` 1?0 - 8,499 1 Bike . '' tv 1423 _ _- ,...._....i 577 Total: ce De .: ! ,224, 2,165,111 59,423 Te )ilic --:.- 2, 29x534 2,165,111 59,423 'a=_°:. .. ... 1�1Fb ks Zoning Salaries 43,700 7,665 36,035 Legal 'es 38,000 50,291 (12,291) Contractual Services 50,000 34,669 15,331 Planning Consultant 20,000 8,028 11,972 (Continued) 75. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF EXPENDITURES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30,2006 Final Lt., Posifve Budget "` tual Ne alive Economic - Development 45,000 - P Cellular Telephone $ 500 $ 193 Dues 300.: _ 4 =' (100) Training&Conferences 3,00 ` == 1= "~€ ;.2 284`` 716 :..... Travel Expense 1,000 `r_ 1,000 Books&Publications -425 L, 423 2 Operating Supplies `5Ff - 1,676 3,324 Printing&Copying 1,Ot10y: ;:::.. .5,513 442 Publishing&Advertising 6a�: 5,340 Computer Equipment&Software 500~ 1466 P ( � ) Office E ui ment ULL 3 081 :::.::::..... IMRFParticipants ` 475 Social Security&Medicare ��` '3:�•. .•. ��'3 350 B ook s&Maps s , - , 9... � 1,921 Total Building&Zonin g ....._....... . °2 '90 66,1 63 Streets&Alleys - Salarie s-Employee 6178 8,280 - Time 2 Salaries Part 500 ``'-�-�'484,11�'- _ _ :-1, 1,016 Salaries-Overtime }. 2f`.` Qr,. `'16,815 3,585 Engineeringr, 814 113,396 "`es Inspections& 500.'"y' `` 3 2 18 8 P Lire 1 Contractual es 11 7 6 824 Maintenancuipm `i3y 10,505 (1,505) Main ten _ _5 1 913 587 ` . '. .,.. Maint 11,299 12,701 Ma'""" ceet L hFs= '' 2510- 26 333 1 3 urfnan g _ ,..pfd.. ( ) lv a:x ten nce It% 10,000 :1 - .. - Wea .`1 `"" a 5,157 843 :.: �:;;: rf Rital-Egnt `' 00 2,000 i =`1leclity 55,000 56,246 (1,246) CellTelepho66 3,300 2,814 486 fighting 6,000 687 5,313 fig&Conferences 5,000 4,862 138 Ope'- Supplies 25,800 19,235 6,565 Gasoline` 30,000 32,943 (2,943) Hand Tools - 5,000 2,507 2,493 (Continued) 76. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF EXPENDITURES-BUDGET(BUDGETARY BASIS)AND ACTUAL GENERAL FUND Year Ended April 30,2006 Final Positive Budget _ :'dual Ne alive Gravel r `_ :�. ._: 6,500 - "'- `= _" 5 ~�:�x��:::z- � ,598 RVIRF Participants $ 16,783 $ =1= Y - ��4 $� 1,059 Social Security&Medicare 16,616Fv-;,. 15;f ^ 1,608 Mosquito Control 20,30 ° i-" _`= =„ 0j296 4 Maint Supplies-Street - _' Safety Equipment =utQ00 s= a, 708 292 r :,_ ; :. Bristol Ridge Road 50(1 ;4:, 4440 975 59,025 Street Rehab Projects ”` ' (4,118) 40,0(k}'r��» -.:r 44,118 _ Road Contribution Fund Projects 11, 957 Road Contribution Fund-Reserve 00 `; _' 938,000 :. In Town Road Program 2 t)Q _.. 17Q.2-- 642 983 . In Town Road Pro Reserve - - `''_ = 015` 672,015 Program - _ }b Tree&Stump Removal , _ - X311_ .. ,510. 490 =='=' F ox Hill SS A Expenses _ - r - ~ 7,� �' 10,722 OC Sidewalk - -_ - Sid Construction 0 0 29,430 Total Streets&Alleys --=`Y ==r'= °`' 2 y _ ��94,60 2,7r�;.;• 3,539,447 w Health&Sanitation w - Garbage Services ti.,; 525,000 '.19 s_' ;5 (66,517) Leaf Pickup 7,050 (2,050) Total Health&Sanitation`"'= ``v u'; • ''"` := tI006= ` _ X8,567 (68,567) :-.: Total Public W r "` ""* - .:y........._. t. o. :.... ; -; ,546,809 3,537,043 : Total Expenditures p ..... s. ' ".= ±_��::. _........._ `r �:__.-�::•:': :.•�_.�•�65 '"==per_ 10,200,071 $ 3,589,294 - 77. UNITED CITY OF YORKVILLE,ILLINOIS COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS April 30,2006 Special Revenue F.rCs Police Public Wor ;rya ��;tT'`aY8r;�2ecreation Equipment Equipm ' "`, EQnt Land Motor Fuel Capital Cash Tax Fund Fund Fund: '?.'•"' ';i;:::,r ":fund :' Fund ASSETS Cash and Equivalents $ 463,472 $ 200,140 $ 8;-:,;;,,_591,797 ^$''°' ;;;'.::81,43.5 $ - Deposit with Escrow Agent Receivables: Intergovernmental Receivables 41,999 - - Interfund Receivable Other Assets - -Total Assets $ 505,471 $ 200,140 '$` .::591,7 °' $ 81,435 $ - E BALANCES LIABILITIES FUND Liabilities: Accounts Pa y able $ 245 14,5 : :.:..:..: 5 842 _` .—A&V $ 124,016 Accrued Payroll - yr - _ - - Deferred Revenue eferre terfun Payable - - - In d 76,741 Total Liabilities .245 ` sue,. 69,9 81 200,757 :.,::::: °`A Fund Balances: R eserved for Capital Purposes �5 55 Unreserved: .... ....._....�":.:.. (200,757) Special Revenue Funds 'Sfls-." 6:::. •...:::..`;::-::�::::°=_'°::.:- - - - Debt Service F und Capital Projects Fund - - - - =,rte,=`ir Total Fund Balances _ 505,226, 165,,5 '• '; 585,9 ; ^=, 11,454 (200,757) Total Liabilities and Fund Bali cep ,•505,4 ry'` 0 $", :.:;x`91,797"`:i:'$' 81,435 $ - ..:rte.:.. 78. Capital Total Land Parks& Fox Nonnajor M cipal'f:' ;Norma or Acquisition Recreation Industrial S Debt _.:.._ j P = s ]uldmgn:'_ mentat Fund Fund Fund Revenue Funds Service Fund - L $ 213,618 $ 116,545 $ 32,799 $ 1,699,806 $ 1,699,806 - ?i": - === 25,001 3y^: 41,999 = = +:;RNs' 41,999 56,624 - 56,624 - - .;. ..: - 56,624 - 5,700 - 5,700 r v::.. - x'' i=°' - 5,700 $ 213,618 $ 178,869 $ 32,799 $ 1,804,129 $ ) ,. $'' :;. - $ 1,829,130 • r^ — — RNNO uting}=ii $ — $ 33,225 $ — $ 'e ...... $'' '':::: — $ 2+` '' -271.517 ;... 30,746 - 30;`3+1 i 6 37,606 - s7 606"`':`sr - - w ` 4A95 p4.510 _ 315,741 101,577 •._Y..:. .�.yj.,;.��... :..._ .�..":::•'... :...,�.- :,:�;��208,13;(�� _ -- 3 495 �,t.; - 213,618 :_ -:. :976 '+`} 976.585 ; ;;._. ,•�:::::.,:,:� _ •::-��•' - 77 2 92 _ 414,560 (9,494 i� = _ (9,494) `136) (208,136) 213,618 77,292 '_ °;-;::. 32,799 :.1,311,145 :.:: 94) r'' ,8,136 1,173,515 U... ..:. -r-- :..�.._ 213618 $ $ 178,359. $"'tic ��<799 " '-=. 804,129 - i" 23 - $ "a 1,829,130 _W.1 it it tiV w ;y s N.•. - 79. UNITED CITY OF YORKVILLE,ILLINOIS COMBINING BALANCE SHEET COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND B.*LANCES Year Ended April 30,2006 Special Revenue Futi ,• - Police Public Work R 1'a It Recreation Equipment Equip-...I ' ' Ec} ?grk.. Land Motor Fuel Capital Capi = ;' Cash Tax Fund Fund Fund"''i'_;_ ';`''iFund '" Fund Revenues Property Taxes $ - Motor Fuel Tax 266,560 Licenses,Permits&Fees - 196,650 484;2 :;:;` ::;:.. 23,900 233,549 Investment Income 15,529 Contributions - 9,E43{ = 7,000 - Grants 74,000 Other Revenue - 36,524 :'•`:irS s _ - - _ _ Total Revenues 282,089 307,549 Expenditures Curre nt: Works W - _ Public 1 _ 68 P and an Recreation _ ............... - - :.950,743 Community Development ment - - _ - Capital - P .��•, k7.: 19 s •:::::.,: ;;`$5,137 c :.. D ebt Service-Principal _......... :::�::... ...:..::.... .:..::...:��- - - Debt Service-Interest and Fees = _ _ Total Expenditures 07 137 Excess deficien cY f revenues - Excess( deficiency ues _ over(under)expenditures s �� 120,418 -,.—..-- � (643,194 Other Financin g Sources _ Proceeds from Sale of e Ass is: _ �`: Transfers n _ ers Transfers Out _ 2 Total Other Financing ca�Y�RS',. 31;190 24,1 ` 114,114 1 g ::::..:::: ' _. Net a in F - N Chan Fund .• ce '' s A 8 045 .:i"'t'`�i? �is�i�'i•,';i'� ..:_.. ��B': :. ..... ....::.::..... 2, ....:_ �r'.�f18 "��_:3,99,234 (54,237) (643,194) B - ' Fund glances ` ' ' r 1 . F P 423 81''�"��;''[``=:;:. 9 ,�...�?.-5��:-� "`'�i "'' .:;..: 6 ,250 `��s'ii 186,721 65,691 442,437 and anc s git.. tt .4:Y $ 505,226 585,955 $ 11,454 80. Capital Total }rYii `= Yr; Total Land Parks& Fox Nonmajor :^t, c pal x' �onmajor Acquisition Recreation Industrial Special Debt ;s' ujldin :��'"' Fund Fund Fund Revenue Funds Service Fund g ^L~ z � $ - $ - $ 70,997 $ 70,997 $ $ $T 70,997 266,560 . . .. - _ 266560 257,100 - 1,195,449 1,328,494 11,575 3,290 30,394 30,394 15,743 - 32,573 - - 32,573 2,000 - 115 221 - - _ - 115,221 - 43,369 - 79,893QO:_ - 196,293 329,787 74,287 11791,4 .'.:r Y`f`133,045 Fr 2,pA0,ri32 it Zi, 4 1,150,759 - 't'ai. A. 7,045 -tY.;tS i�St - - �:�..�7��...:= 7,043=�" 535.107 55 - ,Otl g a•_ ,. 281,434 22450`x_=- -'r :9 ': 111.830 `}`x 134,280 1,150,759 5 W WO v=a 338, ^"'•-' -::y: - 89,0 ,==;.•. 3.228,222 -:....,_;;, : Iti- M. (820,972) (10,208) = t;Q09,83$) (221,864~^~'`- } (1,189,690) == -: ;- 34114 . - - - 34114 ?;SF's~~ - � R n _ 7s.; . . =.:'u=: 86709`- " S}.. 8 r r 1,0�(}`. 'a' 1b2,043 2,039,829 55,30 'r°s,"is- - 36 `c `r U 03 923 03145 845 31 • :- - ,19 ., 5908 ......sic:• 0 � _._.... ,912 •452 (1,880) 1,042,484 - _ :"-�tea• ( ,. 0 2 926j (23' a': 42,132 0145.206) 213,6�� i`' .. ::17 918 1,318,721_71,8 (250,268) — ,.,_;,:.• •'=�?5.'..>-�•,..�•Q71 — ' - 61 $ „-,�=��"�:.. ,292•'^�+$::'� 32,799 $ 1,391,14�"�`i'i�``` .`�`ii"�`�~•9,494 $ :::,•... .....: ( ) (208,136) $ 1,173,515 81. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND.BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-MOTOR FUEL TATD Year Ended April 30,2006 Variance Final v t.Positi e Budget Actu ;' ,::. (Negative) Revenues " - Motor Fuel Tax $ 250,487 16,073 Investment Income 12,0.00 5 3,529 Carry Over 423;1$ : ::.., - (423,181) Total Revenues 685,668 "=~ "'MZ089 (403,579) .............. .::..:...:..:.. Expenditures Streets&Alleys .;: ; 16& 485,624 Total Expenditures enditures .. 854 $5,624 ni- Exc e ss (deficiency) of reven ues ues = _ expenditures ;190 over under ex s 11 82 045 ........................ ............... :..... _ Other Financing Sources(Uses) Transfers Out 31190 Total Othe r Financing Sow i ses 31. ~ .190 - Net Change in Fund.,-I.B.6 once :.. - ;:82 045 82,045 N a - .........:..... �;:'%:::::�,'S Balance at bey" =`�f e 4 1 Fund Bal a 23 81 -'ten '_€::.:. 505,226 5. .............. Fund Bala10. a $ 82. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-POLICE EQUIPMENT CAPITAL FLIND Year Ended April 30,2006 Variance °'< Final _ = ''positive Bud¢et Actual;T'? '~ ative Revenues j-n ?•`r =`" Licenses,Permits&Fees -� -;.- Police Development Fees $ 170,000 $ 196,65Y:�ry-�lw;M. 26,65 • Contributions Donations 1500 "- �r..,.•.e-Ky�. K-9 Donations 1,000 : 20Q ='"=r' (800) '?�" In-car Video Donations 2,201 ;y =_::: `f 5,930 Total Contributions 4,706?)r *i 5,130 Grants ....... -_... ,. :;�:::�;. -:;::: 1w�:::y...:.,....,_...::�_:::ll�x2.21 ='(769) ,-: Other Revenue - M '-Y.. Misc Income `'4;bW~ -%;;'tom; 36,524 = Cary Over x :-" >n' - .,..-._y:.::........:.. .25��::-.r......�:. �:,r.::°' (69,250)._ Total Revenues ""'~"• = (26,315) n. Expenditures :::... ••ys: .:�y:�.. :_ - -- Capital Outlay - - - P Y Police Equipment _ Lethal/N on- e thal Wea o � 6 825 - - - Equipment; =4;i- 20,000 K-9 Equip'ii } 'i:. 1,004 V 1,000 Car Build Ou4' - 25,62-"s- 379 - - 26, x= :�: �:::r-z;� t �•tc'�4?:: her W (�;' 49,550 Ne v ., .;n.. R4 •:_:.;, .; 1,615 .1 §the Weg% arning Si-ffYe is 34 ^x - 39,648 _ ``s 26,526 30,931 is»...._:...�i .•u:,•..:.. Tota��Expenz�lS:;:. .s.:-�.: .._,.^=_nom- •� :�;: --=~=ht51,807 123,123 Wit- icess( fciency)of revues over ' ditures !24=610 - 120,418 96,808 1ar►cing Sources(Uses) SaldOt'A"Wets 500 'rTransf&V (24,110) (24,110) - ;'^ Stal Other Financing Sources(Uses) (23,610) (24,110) (500) _= :I3Tet Change in Fund Balance $ - 96,308 $ 96,308 Fiuiil Balance at beginning of year 69,250 Fund Balance at end of year $ 165,558 83. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-PUBLIC WORKS EQUIPMENT jTAL FUND Year Ended April 30,2006 Variance Final ::...Positive Budget Revenues - Licenses,Permits&Fees - Development Fees $ 485,000 ... ~ - 4 ~" :_:::.' $ (750) Ca rr y Over (186,721) Total v T t 1 Re nue e s :::.... ..... . ....:...... ......:::..::::-.::� _ (187,471 Expenditures - Capital Outla ::: Public Works Equipment E ui q - P - Vehic les - 190,032 Skidstee railo Truck Accessories ;< sf .... 000 ::... 12,590 Public Wor ks u ildzn A on 4100.. - - 73,424 Salt Dome 7 0 - 175,000 Equipment E ui - 9 - q P 05 00 90,500 Reserve Furture Build-'`'��"N.°:::. - / ? ........... 45,158 To t Expenditures Total Ex e e s 1 834•-': - ...:.. _ � 30 586,704 Excess -:.. ess deficien enu over er un der ex a~n; �;:.. n�� _ (under) P - _ �`�`':` :��,.11�j:`M` ;`�"- 285,120 399,233 Other r Fina € �� Uses' : �s : a Its .'"'°Proce ed . ' m Sal ' ,:. .......... 34114... 1 Tr _ .. .. ... �......... 80,000 Totalinari `_; urces(Uses) 114;1:]3 114,114 .;. ) - 1' }tange x_=fund Balance $ - 399,234 $ 399,234 Fund Balanq beginning of year 186,721 Fund Balance at end of year $ 585,955 84. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-PARKS AND RECREATION EQUIPMUMAPITAL FUND Year Ended April 30,2006 Final " ' Positive Budget Revenues Licenses,Permits&Fees y - $ 20,000 $ ... � �QQ $ 3,900 Ca Over 65 691, .-:. n'Y ._..- ;�- 5�' 7�� ,. (11,454) Park Capital Donations 7,000= = "`r =1p:;7,000" x - Sale of Vehicles&Equipment 10,000 CI 0 000 - . ) Rw Total Revenues 10 }: .. 85,137 (17,554) Expenditures - Capital Outlay _ :._, Park Equipment ..._ ... :.::L ', Pick U Truck - - - Q00 r`= -020 �' `_~. 2 ;.._ Computer Workstations 8,351 649 Riverfront Playground 630 6 `;-;: Playground Repairs s - _ r - 2 S 00 Sign Replacements _ - �0 MO Mower st - '7 _ x9&.,:•. 1,039 Recreation on E i P went ... 6 _ 425 Reserve 1 13 se - _ - e 1 9 3 _ ,5 - 91 Total Expenditures 102,691 17,554 Excess(deficiency)of revenues "`' "'•' " -•---`'- o ver under ex endi Net Change in Fund:,( c e ^ _ $ _ $ :; :: - Fund Balance at of •;: r: ::.lg : s! :a. 65,691 .:.. .=: Budgeted c :'{fiver ice;.'ded ::: `: _: I1 ::-..: ::.: _ { ; :•. _ Fund Balanc '`' i °"year _...��_�'��: $ 11,454 85. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-LAND CASH FUND;t. Year Ended April 30,2006 _ �7i}i" itce Final ,r� '�=M<•- :. .. _ Positive Bueet Y.`ctual a g alive Revenues - -� Licenses,Permits&Fees Greenbriar-Land Cash $ 15,498,;:: $ (14,427) •..._::.... :.I "�3'; Prairie Garden-Land Cash 9,450 2,835 Country Hills-Land Cash 15,380 `-`` f '1 (8,459) Fox Highlands-Land Cash 6 1,406 Sunflower-Land Cash `` L `::-, _ 1,805 (7,220) River's Edge-Land Cash g 13,420_ (4,026) White Oak Unit 3&4-Land Cash fl 1;1.:6...:.. 1,404-,`:': K Y In S ro ss'm -Lan d Cas h - - :,.065 (7,065) Wildwood-Land Cash - .:::..,:;... 1,836 The Hi g ands-Ra"en tree Village ::.. ,000..::: - W' - mdette Ridge-Land i eL and Ca h s ;;.x::. _ -_ 50,000 K - - - - w ( ) ln s Ridge-Land d e-Land C - ash Y - 1 5._ g � _ �` 4,15;5,.• _° (8,310) Heartland G Circle-Land Cash _ ..�.. 4%7C?�'• 3000 Grand Reserve-Land .:s`: :i' e Land Cash :::�::�::�:-.... .... (4,833) M to on lbano Homes Land C - ash - 310 5 10 Whispering s erin Meadows - `�s43 9 - P 84 g _ - 3,383 Caledonia - 76 _ 72 - (7,672) Autumn Creek 16 ,921 - 38,320 W Y tone Townhomes 45.,y4...,....,.. (45,402) Villas at the Preserve 3,46 9 (69,370) Cornerstone 340'' `...:::..;, 41,3¢0 ( ) Total Li c enses Permi SNes - - - 7 60 . _ "�• '•233,549 (240,060) Grants OSLA D Gran•: ::........ 74,000 (128,000) Carry ; :...... ... . . 442,43M 442,437 - Total Retinues 749,986 (368,060) Ex A clitures.Z. `'izand.;l�� eation LaEi' `vusition Greeri :. 20,000 3,000 17,000 Sunflower= � 145,000 154,120 (9,120) Rivers Edge Park#2 50,000 26,901 23,099 Cannonball Estates/Kyhn 229,000 263,776 (34,776) (Continued) 86. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-LAND CASH FUNL?:4' Year Ended April 30,2006 - ��a„ : Vaince Final r = Positive BuaEet - "ictual `•F = ative Heartland Circle $ 6,000 6,000 Town Square 10,000 = "?=' 10,000 ;F Grande Reserve Park 10,000; (7,512) ";`' -• _ Prairie Meadows(Menard Res) 70,000 70,000 : ;:--::- •x-� Elsie Louise Gilbert Park 76,000 "^ = 54 Whispering Meadows(K.Hill) : ]f�0 191811 189 Windett Ridge 5f# '=i= - 50,000 Park Building 252,04 =•`_r r;= ,:. Y`'z '=i' 4,000... 248,046 M Reserve 385,67x;,^;:- (``.677) Total Expenditures 9 317,303 revenues _ Exces s(deficiency)of over under expenditures ,75 /50 75m Other Financin g (Uses) - Out 1 Transfers Ou 5y`EJ00 50 000 T - 0 - ..1. - , Total Other Financing Sources Uses - - 0 000 -= 50 ,000 Cl ) •...:-rte:._::: _.. _..._.,. Net Change in Fund Balance - - - $ 200,75 Fund Balance at beginning of y = ' =_ - ;442,437 Budgeted carry over expend d 2,437) A. Y- _ Fund Balance at end c!..-, '`•.==`N 200 75 $ ( , :�:. : e ji':�:r• 87. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BAL�INCE BUDGET(BUDGETARY BASIS)AND ACTUAL-LAND ACQUISITION FI}' ? Year Ended April 30,2006 VaY�nce Final Positive Budget aI : - N—e alive to. .� g-- ) Revenues Carry Over $ 213,618 $ - $ (213,618} Total Revenues (213,618) Expenditures Parks and Recreation ~` = Land Acquisition 631618'"`" - 63,618 T otal Expenditures es . 63,618 Excess(deficiency)of revenues f _ o ver(under)expenditures nditures ...._.0.. ... (150,000) Other Financing c Sour es U ses Transfer - s Out f; .0 150,000 T o talOthe Other Financi ng n Sources urce s Uses - 00 0 0 0 - 150 00 Net Change in Fund Balance Fr :.:. :..:: Fund Balance at beginning g of Y.......:..... X13,618 Fund Balance at end of e ' 3 6 88. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-PARKS AND RECREATIOMD Year Ended April 30,2006 ..� r. ` ce Final Positive s T•`.is ti- - r :.: a five Revenues Licenses,Permits&Fees Fees For Programs $ 190,700 _ - - 235 >;-•.$ 45,217 Concessions 13,812•=l ='_ = =14,4213" 616 Beecher Bldg Fees 4.500 2, . r _ Total Licenses,Permits&Fees k2 - 257,100 48,088 Investment Income g,5 '''= :-r= F= 11575=».- 3,075 M Contributions :=r ? 3`=.r (157) Donations _ Tree Donations "......."... `•9 00 1 '~5 743 `��`1 _ 7) Total Contributions - =::�,.- �,�.,....._ _ Grants - - Youth Services Grant _ (2;600 f "2 000 , Total Grants , .......... Other Revenue Rental Income ```` 5,,QD0 - 2,750 (2,250) Vending Machine Income` 459 ) =v "160 :40160 Golf Outing Revenue - •-•- -.�.... _ _ 441 n - .r 2 -:..,:r 4 9 3 , Revenue 810.::=�.� ,36 ( ) Total Other - _ _ 65,064 (77,292) Carry Over _ _ 3 23'.r v - 4 94 851 (28,727) Total Re enu Expenditure :� =- _ Parks and Rer # ri= P :., a d 300,000 300,000 298,273 1,727 =^:Salariegr� ft-Time 45,000 39,468 5,532 fig-4--Overtime 81000 2,022 5,978 Pa '�actual 15,000 15,624 (624) Mainte M�quipment 9,000 9,161 (161) Maintenance=Parks 32,000 34,250 (2,250) Wearing Apparel 81000 6,363 1,637 Rental-Equipment 1,700 612 1,088 (Continued) 89. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-PARKS AND RECREATIONID Year Ended April 30,2006 Vara#ice Final Positive Bud et etual a alive Cellular Telephone $ 5,750 $ ' 3 1,847 Land Developer 10,000 ?'• } 9,446 Legal Expenses 10,000.: 7,787 2 `: Professional Growth/Subs crP t 4,500 ' ='~`'"'''=" 819 Travel Expense 3,000 ''2' 2 208 Continuing Education ? 0 = 2,528 1,672 Office Supplies :. 1,569 1,431 Operating lies 25,0 P g Su PP 0 ~'-- 25,545.-,• (545) O Gasoline 2 2,775 Hand Tools :-. 0 4,1 :_ (1,116) Christmas Decorations 7 ;, :;��f�` ; ;:., 591 Public Decoration 3,Obi1` =? :•. :::::: . I60 1,840 IMRF Participants ::...: .1 1,470 7 25192Social Security/Medicare . 1f813 Office Equipment Q.. 00'' lk�. :"'` 25,576 Flowers/Trees tJ0 754 Total Park Operations , 69,295 Recreation :::::::::.::: ::::....._.................::..-:.: Employee Salaries - _ 255,600 - - _ _ �:�•:�•,� ;2� ='• 662 Concession Staff 3 f.....:.:_::.. ,397 203 Salaries-Instructor Contra`` cam•.:::::::... .129,206 31206 ..,. .: 'Salaries-Recordin S'e -"ta ry 5 000 `2, 052 2,948 Ma' to - _ m nance u Pp,::,,;� .,:..,:.0 . 6,728 1,272 Maintenance-V..-W 484 716 Maintenance-Offi'." "'€grit ::. _ E 5,5W >. 4,779 721 .. 539 1,461 Youth Services >w x . . e s E O ... Tele hone arieret •� ..... -:;�sr::� _:�;a� ............:.. 446 954 .. ......... Cellul `'iephorier::y :. 4,5. 4,574 4 Po - is _ - 4,5.W��=" 3,990 510 hutgsing 23,444 1,756 , ¢IES(;1'utileatir;iss::.. 584 166 ec11r1posit 4,000 5,695 (1,695) "moues J. 2,700 1,462 1,238 `'`;'• b.es s al Growth/Subscript 7,500 7,426 74 rA' ;�Xpense 2,500 1,960 540 Office'Si }a�igs 6,600 6,058 542 Program 5 lies 39,185 47,176 (7,991) Operating Supplies 4,000 51191 (1,191) Recreation Equipment 3,500 3,544 (44) (Continued) 90. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-PARKS AND RECREATIOIIVD Year Ended April 30,2006 = = t Va7iiznce "=r= all- . Final Positive Bud Postage&Shipping $ 6,500 $ "'`z- 65 ='r (1,065) 0 �-}'. Gasoline 1,6007 27 Mileage 1,200AV� -°... -+`'` $'T:• 382 Golf Outing Expenses 21,945`=_ = '0'0011:7 Concessions 9,734 `'` `' 0 (1,926) �� Scholarships/Prog Refund 0 °�='Y; �_;" 1,570 430 . A Program Refund 1 � _; 11,688 1,312 IMRF Participants 20,80 ' ;°`- r=r 23,153 .., (2,347) Social Security/Medicare ' .i r_sw':. 27,1Q_ x (3,864) '=ti ' . Computer Equip&Software �`=�,�00`-'�"•-`='"�=� f� �'�• 1,245 Total Recreation (40,568) • "1 4 b. 0 75 - 28 727 Total Expenditures "`"'�"'°'��'°"° _ Excess(deficiency)of revenues =:::;. 0 .r ; .iliz over(under)expenditures - - _ _- ' 755�b8) x ) - ( ) Pe - - - _ - - - Other Financing Sources (Uses) :lr^J• - Transfers In 755,908 Total Other Financing Sources(Wses) 755,908 - 5,9(f$' - Z--; _ w Ne t Change in Fund Balan• - - $ off.. ' Fund Balance at begin "of year _ 142,356 Budgeted carry ovei'f?t '' ._ed; _ -•- (65,064) 77,292 Fund B 'a ft 91. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUNF-;;BALANCE BUDGET (BUDGETARY BASIS)AND ACTUAL-FOX INDUSTRIAIY 1 D Year Ended April 30,2006 - Variance Final `Positive Budget Actual'`::`:= (Negative) Revenues Property Taxes $ 71,000 Investment Income 2,8.0 34 490 Carry Over :..--:. (11,817) Total Revenues 85,617 :... > 4,287 (11,330) Expenditures Community Development Adminsitrati on Fees .4 G1 ::.. - ,�.. - °��744 63 Py m t s Re serve-F uture Bond - 32 949 Fox Ind Non M FT Payment nt Fox Expenses - - . F x Industrial ustrial -- - `�'`5 068 - Debt Service Princi al r EMMA P :55 0 00 .........._ - - "f30 _ ............. Interest _ 22 45 - 0 Total n Ex e ditures P 495 32,312 ..... ...... Exce s s (deficiency)cien� ) � e -=- - .: over(under) exli ; (311 (10,208) 20,982 Othe r Fin an u -r - _ .........: Tr s I . n _ 1,190 - Total t .::: ::., an,: : Uses 31 3 19(x= z - ��`�"'�� ,190 N9--f,+.irn FizYnce $ _ 20,982 $ 20,982 Fur al 'pt at beg nrung of year 11,817 Fund Balande< #'end of year $ 32,799 92. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUNRBALANCE BUDGET(BUDGETARY BASIS)AND ACTUAL-DEBT SERVICEID Year Ended April 30,2006 _ "'= : Variance Final - _ =°Positive Budget Actin'= ;^ 4: (LIe alive Revenues Other Revenue $ 125,882 _=,±` 'fr= Q -- $ (9,482) Carry Over 13,918 - Total Revenues 139;#1 ; ;: 30,318 (9,482) -` Expenditures = ? p f Kati.-,.�.•—` .. r��: Debt Service Principal =_ i :9s;- - 3 :. 254 „tea,_. 401,795 Interest =:_;':,. 58 ;:., :: 1$30 , 70,429 ,,}r 8 2 . 872,224 Total Expenditures ��"= �'��'�� 8`'°""`-�' '�=;�3 6��= xp '::�a�,�.. = - " A,Mijit thtr- Excess(deficiency) of revenues _ o ver(under) expenditures •, . 8 8 0 7 9Y 6 862,742 - _ irk Other Financing ources ses "'"'' g (U. ) Transfers In 688 - : ;v=-` Transfers Out 236 8 72 23 6 Total Other Finan ' ' ourc Use3`" `: 98 452 872 236 44 Net Change in Fund` 9 494 9 9 ::. `^ ... .,: .....,.. ,... Fund Bal - 'at be`''""',;.ig,of�yei�r -_ _ _ 13,918 Budgete,; 1-:: :.a z.:._ t ~.:::::: :.. .::- 13 918 P ::... Fw $ac ;at erid; #dear $ (9,494) 93. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENDITURES AND CHANGES IN FUNg„BALANCE BUDGET(BUDGETARY BASIS) AND ACTUAL-MUNICIPAL BUILDI .FUND Year Ended April 30,2006 Variance v -- o iti e Final s Budget Actual ; . (Negative) Revenues Licenses,Permits&Fees $ 86,000 '' `='}`' 4»�:_. f $ 47,045 Total Revenues 86,0.00 ., 3,04 47,045 Expenditures _ 1 89 033;::;1= Capital Outlay � �:,.�. (4,913) ) s ::. '8f _::. 89,f '°°._;:: 4,913 Total Expenditure ........... (deficiency) of revenues Excess deft - ( Y over (under)expenditures �:;_:> ..-,:.:.,..::. �::: ."�......::. 42,132 se .. Other Financing Sources (Uses) } ;:.; : 04 02 043"`':';` = - f In 1 3 : . s ers Iran ......... ...::-. :::::::-:..... A. - 92 0 _ . Transfers Out _..._...,...... ..::::..::=:._. .......... Total Other Financing Sou- rces(Uses) (1,88Q);N 880) - ° 13 2 42 132 in Fund 8�'an , Net Change � ;= `�� . Ne Ch _ g - IV Fund Balance at eaY (250,268) Fund Balanc�� ., .....:.:................. (2 0813 6 ) 94. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS BUDGET(BUDGETARY BASIS)AND ACTUAL-SANITARY WPROVEMENT&EXL' TSION FUND Year Ended April 30,2006 Final -- = Positive ictu Bud t f &I Operating Revenues Chaz es for Services " g $ 1,280,OQQ $ 1; 6, $ 11,776 Permits&Fees 17 - Licenses,Per ,650, ,��"--y= �.:_..1,103,9��.-„•,`_'_��” (16,546,338) Carry Over 4,016,17:K`;^- -`--"_ (4,016,171) Total Operating Revenues 222946,484 "`_ ==;?2,3551 (20,550,733) :•:t=.:w Operating Expenses '' `: Cost of Sales d 424 GO 21,960 95 Administration ::` ' :: . _ �:�,;,BS�OQ�'-�'='-:e`�=�� .0 78,275 .�_:_.. .:_�.;ter:::. -....::._.::-::. Total Operating Expenses - ::: ,:::: _:::: 22 - ... ....-..__.. 22,038,770 Operating Income Loss =� �']. �� 64 250 ��.��i�88 037 Nono P er atin g Re v enues(Expenses) - - ' Investment Income }-= u•:= P0,000 _ .8A /0 000 . ` 73,927 Total N no era ang Re v enues(Experis 170 00G..' 243, 73,927;:::::::.. -...... Income(Loss) efore Transfers 646 213 L' 8' T 1561964 ) � . Transfers r T ansfers In 0= L��091 _ ,000 10,941,000 Transfers Out = ''r°' : :: - 9 ;z:= '`` 3,505,902) 12 709 689 - - - - _-�,....:.��=.."mss.._ ( ) Total Transfers (2,414,902) (1,768,689) ' "•F= - :..:..._ Change in Nett =::. ::.. g _.._.... _ ( ' $ 206 725) $ (206,725) Net Assets`a - - 3,521,714 Net*Aw. " $ 3,314,989 95. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS BUDGET(BUDGETARY BASIS)AND ACTUAL-SEWER MAINTENANCE 11M Year Ended April 30,2006 Varies Final tttt Positive Budget g O P eratin Revenues Charges for Services $ 623,000 36,575 Carry Over 327,526.:::_ ° :_::. ~"'= :::. (327,526) Total Operating Revenues 950,526': s ?=``" i5 75 (290,951) Operating Expenses Cost of Sales 8 ::• ';256,749 608,777 Depreciation '^`72,890 (72,890) Total Operating Expenses -•-•-...... 329 639._�_��' 535,887 lit Operating Income (Loss) - �_��;�;i}=�'_ .:::....:. 32�; `�' `` 244,936 Non 0 P g Revenues(Expenses) gratin v es tiF Interest xes Expense 424,405 Amortization bon Ex erase P _.:Ittt. - (15,233) Developer bons e elo Dona - _ 9... 221 _ ,3 09 Investment en Income i5 10,154 Total N tm ono era ' Revenues .. 15,000 '�-:�:�:°:; ;--<::.. (208,175) ............ Income(Loss)Before Transfers 100 0 0 � p �;�:`��:� F.... °; 61.:- 36,761 lit, tili Transfers _ Transfers In - - 4, 4. 3 975 _ �.4 13,443,975 Transfer Out t ' _ ._ _ �..............)::. (1 , 91,000) _ (11,091,000) Total Transf ::. 2252 975 ers = _...� .:;..... 2,352,975 : -:- ..... 2,389,736 Chan e e.. A-soi 4.ts $ 2,389,736 Net A:-' :i 1B egg ng .; lr;• (574,358 F ? sA�:�,at Eric ;=:. 1815,378 96. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS BUDGET(BUDGETARY BASIS)AND ACTUAL-WATER IMPROVEMENT&EXPANS'...10.. N FUND Year Ended April 30,2006 Final - - Positive Budget Actual = ° =t; (Negative) N WE% Operating Revenues Q}rL;r' Charges for Services $ 4,050,000 $ '- x838 $ - (2,471,162) Total Operating Revenues 4,050,00 _• 1SY.' ::. (2,471,162) -5=',•r':•,--yy i::e1^w=u„=;ties.. Operating Expenses Cost of Sales 2,521 ''< ';'x''620,274 7,222,247 Total Operating Expenses : ) w"'s= 620,274 7,222,247 4,751,085 Opera tin Income(L oss) 958,51 J- Nonoperating Revenues(Expenses) Investment Income (8,871) -_ - - _ '=�• .`'�"6_1�1•0 _ c`71 129 Total Nonoperating Revenues(Expenses) s sn x 4,742,214 7 g. Income(Loss)Before Transfers '`�-:; ; .5 ) - .....�4Z..,_..... Financing - - _ - - O Fin they - 7 7 _ 94 0 - ,.1 07(1~`Kt`i =°I}:::-L.. , Loan Proceeds _ _ _ ,94 . _.,k,:-.�.�_...;::;:�:.. .. (1 � : ... Contract B Proceeds w=;_:: _ 2,046,893 ' (2,046,893) Transfers In r ;. 215,000 4' .};, 21,833 1,846,893 Transfers Out ``y'- j „~" 726 710) (2,230,268) �: �. 64 81 477 8 Total Transfers °" 3;712,5 1:: ::;:::. . 7) ( ,3 ,33 ) 364 76 364,876 .. $ .8 Net A e in $ Chan ss:�tif�`"�` Change .. 45 ' :-- 417 093 Net Assets at kze,. `a)=:°� "r _ .�Y= �'`� _ �:._-.,:` ( ) 52 }nd o - � Net Ass ��`��`e _ ( ate..,.. _ 7/. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF REVENUES,EXPENSES AND CHANGES IN NET ASSETS BUDGET(BUDGETARY BASIS)AND ACTUAL-WATER OPERATING FUt ?,; Year Ended April 30,2006 Variaric Final _...... Positive Budget '--e_ al `: -e ative it�Operating Revenues = n. tltiiitl Charges for Services $ 1,265 000 251,890 Carry Over (441,642) Total Operating Revenues 1,706,642` ifi9Q 189752 ( ) Operating Expenses Cost of Sales 8,285 179,357 Administration 220,OOb ..:.:::::::-.::.:�................s. ....'.'...`; 'xc:...,.. 144 76,856_ All Depreciation on 0310 (303,100) Total Operating Expenses 1544 52-..v=`' ;:. .::;::..... ...... (46,887) 9000 `"''O eratin g Income�oss) 9) 6,639 Nono er at m Revenues es (Expenses)en s es ) _ Other Revenue 0 S:. Q ::..�:. ��=•`:.-.�`°.�:�..::.....:.. 3,295 Interest e st Ex ens e _ P , .. (447,161) Amortization Ex erase _ 581'-;"1� 581 v onations e eIo er D _ D 0 ::.::;.;..._.�::.:. 890,370 Investment Income 15 000 Total Nono eratin Revere•es(Expenses) ..:::...::::.. P g .� � P ) 41,0,00 �� ;563 450,563 :....- Income(Loss)Before.:`: fers° :::.:. (L ) 'r, s .` 0,000` ' ;;; . rt '924 213,924 Transfers - - .............. Transfers In '``: :::':` 2,718,218 2,718,218 Transfers;.:,.ut.; . ;.. ......_.. (2,046,893) ........_..... Total Tra 421,325 671,325 Chango,li $�?� ::.. `;:"" =`•:��:. •� 885249 "-"�• $ 885,249 W"at Br' ing�of Year 12,018,689 Ie#Ass,' at End of Year $ 12,903,938 98. UNITED CITY OF YORKVILLE,ILLINOIS SCHEDULE OF ASSESSED VALUATIONS,TAX RATES, TAX EXTENSIONS AND TAX COLLECTIONS ,; '``<� t ;t;,,• APRIL 30,2006 (Unaudited) it•,'ii`;s',••:.::;::;. ;:?tt.tiv!;?` a;:. Tax Years tU'Sst•4it"it °il 'ii:�+h5i :?i'siirii xi 2004 2003 2002 2001 2000 1999 1998 Assessed ValuatioY" "•:"!' '•; i`:i; i=m':iF` _ Farm 557 $ 1,128,633 $ 700,520 $ 815,985 $ 768,854 $ 69Z281 $ 636,939 Real Estate Lots 3 '!•`} jf# 1d'' i:ij: ' Fa 538 200,663,326 164,461,506 134,511,183 116,881,878 109,711,442 104,124,981 Railroads :":'_ :'E ',425 a}::wi; 1 'u!i::. 18,084 12718 10,966 12,995 8,345 6,702 Total Assessed Valuations $ x;592,914..;s `ti'' ,356,477 :;ft01,810,043 $ 165,174,744 $ 135,338,134 $ 117,663,727 $ 110,412,068 $ 104,768,622 T Rates r:::::; General Fund: :i5liii" General Corporate 0.0120 .......... p 399 0; 3 !}.`'` 0.1990 0.2205 0.3155 0.2893 0.2964 Garbage 0.1220 � ti":'';'�t��32 ,,�� '?�};�'i; 1y;' 0.1151 0.1211 0.1411 0.1504 0.1498 ? :7 0 } 1x!. 0.0750 0.0750 0.0748 0.0742 Police Protection 0.0 750 { 7; Crossing Guard 0;4XtYii :;;i;.• 0.00 !:.;:;;;.:. ::;!ti).004�•ixl;•::,ii Q?.p.. :.':::.?ilt: 0.0035 0.0036 0.0037 0.0045 Illinois Municipal Retirement Fund and Social Security ?,t1Y047 !1i'l:!;r� 0.1865 :.; '2 s'' /� 1 0.1%1 0.2208 0.2195 i1?i*.•i "iiP iiq: ii��Lai;}'•ia!,;Y i Liability nsurance x0.0390 ;':a':.? 0`. 'ti562.e'`'" ?tpjEi13 . ,`, ra0 0.0551 0.0662 0.0514 ty ,w;t`:,i �5; u i Audit sisit:'; 0.0077 r 0.0098'!".iise: }'`'`•`'.'t;011 �'L'` :?1t''` 19 0.0128 0.0150 0.0158 ;tf `?,;' ! x ''a•.''<''s:.,. •ac' "°i?s: : !:,;• rt!} Unemployment Tax . ' e'ati:y 'i;t;i,;f::•t ;.•i,'al!t�,��.`,' - • 0-.0 115 . Ni 0-.0 118 0-.0 125 5 0.1Police Pension a:r 02 .: ,tT?ti}p!!fn•�ti,:t,;..it;;:i11:,; .;:itl;':`ti. :.,y.rri'' :ilil=s• Eaii!j .,?t1:??.??1i'k' ,wt?.tti:,: !};:1?;!M' Total General Fund 0.4518 ;i:)t?;aft;:"' f�:��Sbi}^t"' Q; 3; i;; 0.7248''i;'' ;jk. :;!?:t,•, 0.8320 0.8241 Lib Fund 0.1500 s i`° ct:;•?:.,;f. Library 0; ;i! R :a; 0.1426 %':x' .;f}ii,'k1,:'b. & Ii 0.1497 0.1565 Total Tax Rates 0.6018 8 :8674 ::. ,:,:,:�'i• 6 .=,a},y;• ;}:}:r Or•��••;3 ;:t'•;i��k�$ly 0.9806 iii^':H','• i{?!5'?: ^iR;F �.at,?iu. ::,i!i^i!i?11„iv y!!r•,i;tt�Fu. ?.,iiiitu: ti h:?'."�:... .... }::...:,:::. nku.. .r:?:•=u,:•;i!itttiy°i[i,' "?;i? .r:i,.i ::L•;: ,•.;Ci,. as,;., n.,:r;?i:''iiv:;:t.; ;:"+ti! ti}:ail Tax Extensions •:',;sg�!:t i;'•'rst;;�• ''•+�! '`iti},;;•:�-si¢ :t;;ti,i?? General Fund $ 1,569 528 $ 1,388,669` $ 7453 `;!;,.1194,17U��'t`:„;"?;i'<..1,039,162 $ 8,902 a r;.:�...918, $ : 864,401 :�!.,wi°ii',iu'ii!:t'' .!i�'li'iSi;.. :li+r::''• s:LS.:.....:•. Library Fund 458,390 357,535 1; ,915;; ;y if::;t:a:t9 944 :;; 1¢,323 p,:;18,9f1 162,962 :. Total Tax Extensions $ 2 027,918 $ 1,746,204 $ 1v589,36$.t3;t`r:$ Tj9;114 $. ;;;a! 85 $ 1,142, gs $ 917 $ ' ?;'•.; . •;nit}?.'' �!`:'i;1�t.;:<ii•;'}�`��5��"`'.. Tax Collections-All Funds Yiis'�'!• �ss`•��t�}` s t,::,:c,::t`, ,';"' ;gr. ?;iil':sett•":?„1„ Collected to April 30,2006 1,845,264 $ 1,677,772 $ 1,424,54! .`1;:'t°,$ 1,251,975 $ 1,144,706 $ '"`';4,087,444 �tF';1'ir' 1,021,520 (Cash Basis) alit,°.�:t?° 'SO Percentage of Extensions Collected 105.67% 105.56% 99.68% 99.72% 100.16% 100.33% 99.43% 99. BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning January 2007 Types es o fP Permits i 2-Famil Y Commercial ctal Number of Permits Issued SFD (Beginning zoos Multi P le-Fami1 Y (Be t mnin 2006 Cte g o includes Industrial Miscellaneous Total Construction Cost 2 Permits=I structure) Buildouts 1 January 2007 51 22 0 0 3 0 26 $4,668,581.00 Calendar Year 2007 51 22 0 0 3 0 26 $4,668,581.00 Fiscal Year 2006 t 1082 454 38 7 29 0 554 $113,305,128.00 January 2006 113 54 12 3 4 0 40 $12,977,230.00 Calendar Year 2006 113 54 12 3 4 0 40 $12,977,230.00 Fiscal Year 2005 1144 500 18 9 26 0 591 $110,422,619.00 January 2005 I 46 24 0 0 5 0 17 $6,049,750.00 Calendar Year 20052 46 24 0 0 5 0 17 $6,049,750.00 Fiscal Year 20043 822 364 0 0 23 1 432 $86,262,310.00 January 2004 50 27 0 0 2 0 21 $5,730,481.00 Calendar Year 2004 50 j 27 0 0 2 0 21 $5,730,481.00 Fiscal Year 2003° 729 291 12 7 28 0 391 $74,279,808.00 January 2003 36 24 0 0 1 0 11 $6,505,969.00 Calendar Year 2003 36 24 0 0 1 0 11 $6,505,969.00 Fiscal Year 2002 601 213 4 2 30 1 351 $46,241,058.00 I Permit Number Y-06-0626 issued in May 1006 was refunded/voided in September 2006,thus the total number ofpermitr is now actually 1571 instead of 1571. 2 Permit Number Y-05-0011 was voided,thus only 46 of 47 assigned permit numbers were actually used 3 Permit Number Y-04-097 and Y-04-098 were issued for each side of u duplex,only I structure was built Permits Y-04-886,Y-04-926,Y-04-1027,and Y-04-1037 were voided,thus only 1044 of 1048 assigned permit numbers were issued 4 Permit Number Y-1003-314 was voided,thus only 894 of 895 assigned permit numbers were actually issued Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects. Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety and Zoning �� Co. United City of Yorkville County Seat of Kendall County esr. 1836 800 Game Farm Road Yorkville, Illinois, 60560 -4 Telephone: 630-553-4350 O ^ �O Fax: 630-553-7575 �LE Website: www.yorkville.il.us TO: Committee of the Whole February 14, 2007 FROM: Anna B. Kurtzman, AICP SUBJECT: Request for Sign Variance PC 2006-99 (ZBA) 620 W. Veterans Pkwy PUBIC HEARING: On February 7, 2007,the Zoning Board of Appeals (ZBA) conducted a public hearing to consider the merits of placing a sign along the rear of a building at 620 W Veterans Parkway. The ZBA voted 0-5 to recommend approval of PC 2006-99(ZBA). This motion failed. REQUEST: The applicant, Randall Burggraf, as a tenant,has filed an application to: 1. Allow a wall sign on a fagade that is not oriented to a public street, the main parking lot of the parcel, or a major access road (Section 8-11-40b of the Municipal Code). The proposed sign would be located on the eastern fagade, which faces an access drive, directly overlooking a pond. Although the petition is filed by Randoll Burggraf, a tenant who is leasing two tenant spaces, Mr. Jim Ratos, owner of the property,has contacted staff and has verbally indicated a desire to have this variance extended to encompass all tenant spaces. CONDITIONS: A five(5)unit commercial strip center is being constructed on this B-2 zoned with the front of the building facing west. Although this building is being constructed as a five(5)unit building there are only three tenants proposed for the initial build out(two tenants are each leasing two tenant spaces). The surrounding properties are zoned and used as indicated below: Zoning Use North Unincorporated Undeveloped South R-2 Detached Single-family Residences East Unincorporated Pond with detached single-family residence West I B-2 I Retail strip center Committee of the Whole PC2006-99ZBA February 14, 2007 Page 2 of 2 FINDINGS OF FACT: According to Section 8-11-11F of the Municipal Code,the Zoning Board of Appeals is to consider five(5) aspects of the petition before rendering a recommendation. These five areas are: 1. consider any unique physical property of the land involved, The ZBA indicated that they felt the condition for needing signage along the eastern face of the building was created by the builder in terms of how the property was laid out(with the building facing west as opposed to facing north as other buildings in this development). In laying out the building orientation it appears that the developer/builder did not take into consideration the need for signage. 2. the available locations for adequate signing on the property, The ZBA stated that because signage can be provided along the north and west faces of the building and because a monument sign can be provided there is adequate area for signage on this property. 3. the effect of the proposed sign on pedestrian and motor traffic, The proposed sign, being a wall sign will not impact pedestrian traffic. 4. the cost to the applicant of complying with this chapter as opposed to the detriment, if any, to the public from the granting of the variance, and The ZBA determined that this aspect is not applicable to this case. 5. general intent of this chapter. The ZBA stated that they felt the variance request does not meet the general intent of the signage code. NEXT STEPS: The ZBA motion to accept the variance request failed,which is effectively a recommendation to deny the requested variance. The City Council can: 1. vote to accept the variance as applied for(this would allow signage for Pearle Vision on the east side of the building), 2. vote to accept the variance as modified by the owner of the property(allowing signage for all tenant spaces—there are 5 tenant spaces—along the east side of the building), 3. vote to accept either the variance as applied for or as modified by the owner of the property and add conditions, or 4. vote to deny the requested variance. /abk C: T.Miller,W.Dettmer Filename: CADocuments and Settings\Anna Kurtumn\My Documents\Yorkville\1-17-07staffreport.doc © C/Ty Reviewed By: Agenda Item Number Legal E] � AN Finance ❑ EST. 1836 Engineer ■ ` Tracking Number ' City Administrator ❑ 1: opt O Consultant ❑ PC 2006-101 C .`�� Human Resources ❑ City Council Agenda Item Summary Memo Title: Baker's Subdivision Lot 4— 1.5 Mile Review City Council/COW Agenda Date: February 20,2007 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: See attached staff report dated February 6, 2007 D cry United City of Yorkville Memo J Q ; .� 800 Game Farm Road ESI �_ 1836 Yorkville, Illinois 60560 ` - Telephone: 630-553-8545 O '� �' Fax: 630-553-3436 L�<k E ,vim Date: February 6, 2007 To: EDC/COW From: Travis Miller,Community Development Director CC: Lisa Pickering,Deputy Clerk(for distribution) Subject: Baker Subdivision—Lot 4—1.5 Mile Review Background The Plan Commission is scheduled to review and make recommendation on this petition February 14,2007. Staff Comments and Recommendations General Comments: - The Comprehensive Plan recommends an extension of Countryside Parkway south of Route 34 ultimately crossing the Fox River and connecting to Van Emmon Road. The conceptual geometric alignments of this extension will affect this property. The City is not proceeding at this time with this project, nor have any immediate plans for right-of-way acquisition for the alignment, however, this extension. Staff has made the petitioner aware of this future roadway project. Setbacks and Easements: - Staff recommends yard setback requirements within the City of Yorkville R-1 Zoning Classification be used for this plat in lieu of Kendall County requirements - Staff recommends the following easements be dedicated: o 25 feet wide public utility and drainage easement on both sideyards of the lot to accommodate a future storm sewer. o 20 feet wide easement along the rearyard of both tracts to accommodate a sanitary sewer extension. o 10 feet easement along the remaining property lines(not included above)to accommodate watermain extensions if/when necessary. Refer to the following staff reports: - January 16, 2007 review comments prepared by Joe Wywrot, City Engineer - January 5,2007 review comments prepared by Rebecca Houseman o United City of Yorkville Memo 800 Game Farm Road EST :! 1836 Yorkville, Illinois 60560 3 Telephone: 630-553-8545 o ��' ' � Fax: 630-553-3436 `QCE Date: January 16, 2007 To: Susan Bach,Administrative Assistant From: Joe Wywrot, City Engineer CC: John Crois,Interim City Administrator Travis Miller,Community Development Coordinator Charles Wunder,Urban Planner Subject: Part of Lot 4 Baker's Resubdivision— 1.5 Mile Review I have reviewed the proposed plat of resubdivision, dated Nov. 15,2006,and have the following comments: • The property is currently unincorporated and not contiguous to the city. It is located on the south side of Route 34, about 200 feet west of Countryside Parkway. • The property is land-locked, and separated from Route 34 by a parcel approximately 1000 feet deep. • The property currently has a single family home located on it,and is served by a common driveway that also serves other residences. The petitioner should submit information to confirm that the additional lot created by this re-subdivision has the right to use the common driveway. • The nearest watermain is located at the Route 34/Countryside Parkway intersection. This watermain may eventually be extended across Route 34 and connect to the watermain near the Tuma/Dakota intersection. • This property is proposed to be served by a 12-inch sanitary sewer that was extended to Tuma Road by the Heartland Circle development. • The city funded a study in 2003 to investigate the feasibility of extending Countryside Parkway across the Fox River. That study identified four possible routes, all of which could affect this property, either directly or indirectly. If a river crossing were not built,Countryside Parkway may still be extended some day to serve the properties on the south side of Route 34,and could also affect this property. • There has been discussion over the past several years regarding a storm sewer outfall to the Fox River.While the alignment of that sewer has not been finalized, we should request a 25-foot wide public utility and drainage easement on both sideyards of this property for that potential sewer.We should also request a 20- foot easement along the rearyard of Tract 2 for extension of the future sanitary sewer, and a 10-foot easement along the remaining property lines for extension of the future watermain. Please forward these comments to the petitioner. CIO", United Cits- wr Yorkville Memo Uim"� Farm Road Q- Yorkvi% Unnis 60560 t � 3 T.,-avis Miller z 4_'ti.,,, Wi3'ti:;un CB() trim]1�. IS ar"ti:m1ai1. jC?t': PY , 11"i.-'.j-5 Subject, � 1''+t3 z',., k"_1 10V of Zoning M.'ali DaC`s:d f4 member i.>i.'r W, 2W, Y:),I' AA !A ,.tt Ba. "£.r Subdivision 1g S i s Cfa'r i f >1t iE ;ui It above r r ytQaCt At he ChY uF YONAW yo :.-� t?Iti_alance RM, t ossibl"', fll'sure air--,Xation, S 1iU proper-jy ';s �urr,rt!v A-1 in, 'ti.�,,Jrf1 i ,_„?t-Iii;y, and tl e iiz)tti1.an! A eb-J:ilg tat; il. 3 t.t�3T.lk:-t aid. -Sst;a`o �;.esi District"? ,♦ K Y2 --I t (. � 1` t -]{ (tp RRn S ill v+'4.t..TJ'iall �_:\��f.1�.�..y S �.`i has Lk.1k Cw.b led the `'�a bjc; ? props. rty ix'' iJ_ the, J AM in Lhe City's R-1 a t ti � .'Cr �..TC�. a��:' �,:U I1Ctl ,7.d�.l tll:, ,ici ,, c:<''..� iC ,(.! ;(.,.#.P�ii tl:d. '31C l�� `7 1 f_�1(1 .. 1 im ;s.il ect. ywopeny &as .Lt)?have >:t11W ai;cen It a yl bho Met 0 ,_ 491 t ?. Heca°[Su thc sulojtct piroperty does not il,n,c accC ..., C' ci �ublic Si.,f`=iy _;t tj, is . jc abl_ tC_, '��. , �,. i�,z:11*_`C.. it jt`_..I ,arc as li4.w+'m-tine,the s tlbal,k? 1', tl�t l.�s��4i�1L:�t.y�. The $lJ?Tlci.��.., sa.. t'r(.Jut AM Setback (iii.t0-613-�F.1): 40 feet, dl. P `ggcS.i" �X 3t:# ,".3i i li},i�. i�.�/-t5 i� �y.�' 15,'-0 L9�.G'P,-1 e.Ca. t CfZ?"[c`'P'"`s-ide" Y-O',i $1SaaCr: (if,.tjplit ablic) l l'...rjB.t{B,7 ,i0 j'- ,.) .x. )._.it),. 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Pit".la.se Ict m.e know if you have any questions or ''CCs'.IIIe a ddii'ioaal info or`rtali . bt: "Pit Re w'. d„ b N ZONING PLAT OF PART OF LOT 4 OF BAKER'S SUBDIVISION, BEING PART OF SECTION 27, T37N-R7E, 3rd PM m O SCALE BRISTOL TOWNSHIP KENDALL COUNTY ILLINOIS 8,0 1 N01 "-50' Cf�Ln LEGAL DESCRIPTION OF TRACT TO BE REZONED: c c pGj m CM • Indicates Iron Stake Found That part of Lot 4 of Baker's Subdivision, being Part of Section 27, Township 37 North, Range 7 r=ca O Indicates Iron Stake Set 9 eol o East of the Third Principal Meridian, said Subdivision shown by a Plat recorded in Book 7, Page 40 o o in the Recorder's Office of Kendall County, Illinois, described as follows: Commencing at the most -+--•— Indicates Line of Fence O Northerly Corner of Mohr 's Resubdivision of Part of Lot 6 of said Bakers Subdivision, as shown by —ass— Indicates Contour Elevation t b� a Plot recorded as Document 109491 in Book 9, Page 35 in the Recorder's Office of Kendall County, Y ---Indicates Soils Bounds z o• (a,,r !Ilinois, said most Northerly Comer being also a point in the centerline of U.S. Route 34; thence p O m Boundary ate R North 57'28'00" East, along said centerline, 209.88 feet to the Southerly Line extended Westerly of pad) said Lot 4; thence South 63'51'51" East, along said extended Southerly Line and the Southerly Line T of said Lot 4, 984.75 feet for the point of beginning; thence continuing South 63'51'51" East, along ADDRESS OF 4�o R o Subject the Southerly Line of said Lot 4, 502.25 feet; thence North 26'08'09" East, 173.46 feet to a point a Property which is 15.0 feet Southerly and at right angles to the Northerly Line of said Lot 4; thence North SUBJECT PROPERTY'- C 63'51'51" West, parallel with said Northerly Line of said Lot 4, 502.25 feet to a line drawn North U) AREA TO BE REZONED: 26'08'09" East from the point of beginning; thence South 26'08'09" West, along said Line, 173.46 • 8940A U.S. Route 34 :feet to the point of beginning, in Bristol Township, Kendall County, !Ilinois. V � 2.0000 Acres Location Sketch (Not to Scale) _ o PRESENT ZONING: � LEGAL DESCRIPTION FOR INGRESS AND EGRESS: O Al 1-10. Easement for ingress and egress, for the benefit of the foregoing described tract, as created by ., N Easement Agreements recorded April 16, 1975 as Document 75-1464 and May 22, 1975 as 00 Document 75-2146, made by and between Olive P. Brock, Richard L. and Carole J. Munson, and r- PROPOSED ZONING: Cyril and Verna Cother over that Port of Lot 4 of Baker's Subdivision of Sections 27 and 28, (D PIN 02-27-176-002 Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning -#— R3 ( One—Family Estate Residence District) / d3. William D, and Mary Thomas ti ,y of the point of intersection of the centerline of U.S. Route 34 with the Northerly Line extended � A-1 Westerly of said Lot 4; thence South 63'51'51" East, along the extension of and the Northerly Line J DEVELOPER' / 5jlv 369A of said Lot 4, 1372.11 feet; thence South 26'08'09" West, at right angles to said Northerly Line, •� e>8 15.0 feet: thence North 63.51'51" West, parallel with said Northerly Line and said Northerly Line V Eric SChoedl ,`�,e 99'` 635 extended, 1381.24 feet to said centerline of U.S. Route 34; thence North 57'28'00" East, along said O V centerline, 17.56 feet to the point of beginning in Bristol Township, Kendall County, Illinois. W 2065 Muirfield Drive 0 �.,� Yorkville, IL 60560 `•rs! Z S' 325° I •` / SOILS (From USCS Soils Map) Q a e PIN 02-27-151-001 "�. PIN 02-27-176-003 Cindy S. Cates �o - s6 j. Gerald and Edmund Brongiel CL \� A-1 ^ 5151 / A-1 191 Knight Silt Loam zs�1g. 1� �Orf y Ci e37 325A Dresden Silt Loam, O to 2% slopes U Of f _ of ` ti$�� , • 6 s ° tar 369A Woupecon Silt Loam, 0 to 2% slopes fl agT� e ss'p5j s ��o T • / /"SJ.�y A°,fer• see a 51F 9g °jryy4 &7� 191 °i • sp s `byrys o �C' /- ° $' Of f Tra•c t V n e e l 635 0. 4 - \ O 86*0q .oraeard Trua ° ei • \ 5<C spa�ry"" ./ e / > •:.10-and Tree S ae n n O ,9 a 2_5.t'•_,,�.. •o e � HOj1y PIN 02-27-151-003 e / 369A i . y/ ine is P °` • LoQ Cindy S. Gates 2 e O • ,�, a ..,', 5i2 A—1 / 113• ° y^' / 12'sorueEe "/ LLJ a ReS�b°gyai�7 i '/ • //PIN 02-_-f-151--00Z ,/ r©C ., 0 \' S • .�"�tv 5<3 / ^ Of a / Netnrich_6nd Maria Sche�edl"-T _ L,l.fY / A-1 SP— Cn Total Area: 2.0000 Acres fn S" Tract ei `sezr ,r yrO •— p Tract One: 1.0000 Acre (43560 sq.ft.) to s Tract Two: 1.0000 Acre (43560 sq.ft.)) �r sb22 , �a, ° J ^f' S Q LEGAL DESCRIPTION OF TRACT ONE: / i i' S son-. � 0— J b� b�Q 12-Cedar System That part of Lot 4 of Baker's Subdivision, being Port of Section 27, Township 37 North, Range 7 East of the Third Principal Meridian, said Subdivision shown b a % O 15 •'s•M.W. % A) 543 Plat recorded in Book 7, Page 40 in the Recorder's Office of Kendall County, Illinois, described as follows: Commencing at the most Northerly Comer of Mohr s 11.' Resubdivision of Part of Lot 6 of said Baker's Subdivision, as shown by a Plot recorded as Document 109491 in Book 9, Page 35 in the Recorder's Office of /P/ s,f 21•�oause/ �fO Kendall County, Illinois, said most Northerly Corner being also a point in the centerline of U.S. Route 34; thence North 57'28'00" East, along said centerline, �s: / 2 PIN 02-27-177-001 209.88 feet to the Southerly Line extended Westerly of said Lot 4; thence South 63'51'51" East, along said extended Southerly Line and the Southerly Line of said Harris Bank and Trull #LT531 Lot 4, 984.75 feet for the point of beginning; thence continuing South 63'51'51" East, along the Southerly Line of said Lot 4, 251.13 feet; thence North 26'08'09" �> A-1 East, 173.46 feet to a point which is 15.0 feet Southerly and at right angles to the Northerly Line of said Lot 4; thence North 63'51'51" West, parallel with said Northerly Line of said Lot 4, 251.13 feet to a line drawn North 26'08'09" East from the point of beginning; thence South 26'08'09" West, along said Line, 173.46 ' o feet to the point of beginning, in Bristol Township, Kendall County, Illinois, and containing 1.0000 acre. M_ S M t0 U tD LEGAL DESCRIPTION OF TRACT TWO: a' o cn o PIN 02-27-177-006 That part of Lot 4 of Baker's Subdivision, being Part of Section 27, Township 37 North, Range 7 East of the Third Principal Meridian, said Subdivision shown by a Cindy S. Cates Plat recorded in Book 7, Page 40 in the Recorder's Office of Kendall County, Illinois, described as follows: Commencing at the most Nort�erly Comer of Mohr's Pesubdivision of Part of Lot 6 of said Baker's Subdivision, as shown by a Plat recorded as Document 109491 in Book 9, Page 35 in the Recorder's Office of A-1 WLLJ Kendall County, Illinois, said most Northerly Comer being also a point in the centerline of U.S. Route 34; thence North 57'28'00" East, along said centerline, :7 J 209.88 feet to the Southerly Line extended Westerly of said Lot 4; thence South 6X51'51* East, along said extended Southerly Line and the Southerly Line of said O Q— Lot 4, 1235.88 feet for the point of beginning; thence continuing South 63'51'51" East, along the Southerly Line of said Lot 4, 251.12 feet; thence North 26'08'09" Z Z LL- East, 173.46 feet to a point which is 15.0 feet Southerly and at right angles to the Northerly Line of said Lot 4; thence North 63'51'51" West, parallel with said (� / Northerly Line of said Lot 4, 251.12 feet to o line drawn North 26.08'09" East from the point of beginning; thence South 26'08'09" West, along said Line, 173.46 �+ m m Q m?i feet to the point of beginning, in Bristol Township, Kendall County, Illinois, and containing 1.0000 acre. November /5, 200V -�2 p D C/ly Reviewed By: Agenda Item Number 0 1 Legal ❑ �(' /� Finance ❑ �' Est ��` `--•.__ 1836 Engineer ■ '0- City Administrator El Tracking Number p �� Consultant ❑ PC 2007-02 Human Resources ❑ City Council Agenda Item Summary Memo Title: Yorkville Market Square—Final Plat City Council/COW Agenda Date: February 20, 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: See attached staff report dated February 6,2007 o United City of Yorkville Memo � '" '�' 800 Game Farm Road EST :+ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 O; p ww ,i `2o Fax: 630-553-3436 Date: February 6,2007 To: EDC/COW From: Travis Miller,Community Development Director CC: Lisa Pickering, Deputy Clerk(for distribution) Subject: Yorkville Market Square—Final Plat Background The Plan Commission is scheduled to review and make recommendation on this request February 14, 2007. Staff Comments and Recommendations General Comments: 1. The Final PUD Plan for this property was approved as part of the PUD Agreement recorded April 23, 2004. The proposed final plat is consistent with this approved Final PUD plan. 2. The Final Site Development plan submitted depicts the building on Lot 3 encroaching a side yard setback(4.1 feet encroachment). Staff has recommended the site plan be revised to comply with the required 20' setback. An amendment to the PUD Agreement could be considered to allow for this reduced setback at the petitioner's request. 3. Stormwater detention for this site is planned to be managed off-site by a basin south of the Jewel store. It has been determined by the Engineering Department that capacity currently exists in this basin to accommodate this stormwater, however,will not exist for the remaining Yorkville Market Place when developed. Therefore,additional capacity will need to be created at this time. Staff is understands that Tucker Development(Yorkville Market Place)has agreed to allow Progress Holdings(Yorkville Market Square)to utilize this capacity and understands the stormwater basin will need to be increased in size prior to the City releasing improvement permits for any future phases. Staff has requested a written statement of understanding from Tucker Development regarding this issue. Also refer to the following staff reports: - January 18,2007 review comments prepared by Laura Haake - January 22,2007 review comments prepared by Joe Wywrot - February 1,2007 review comments prepared by Rebecca Houseman CST y V; o United City of Yorkville Memo IE ' . 800 Game Farm Road C EST 1< 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 v Date: January 18, 2007 To: Charley Wunder From: Laura Haake CC: Joe Wywrot, Rebecca Houseman Subject: Yorkville Market Square Landscape Plan Review The landscape plan by Tracey Fischer Joyner for UP Investments, LLP dated December, 2006,was reviewed and I have prepared the following comments: 1) An engineered barrier is required by the I.E.P.A. and is shown on the engineering plans. The landscape plan does not reflect the location of this barrier and should be adjusted to provide plant material that can survive in limited soil depth. 2) The future sidewalks along Route 34 and Route 47 are not shown on the landscape plan. Show all concrete walkways and adjust the landscape plan to not interfere with this walkway. 3) No plant material can be placed in the I.D.O.T. right-of-way. Indicate the perimeter of the allowable design area on the plan. Currently the I.D.O.T. right- of-way is shown on the landscape plan at 30',according to the engineering plans the future right-of-way is only 20'. The landscape buffer is labeled at 15' wide but shall be 20' wide. 4) There are no trees located in the interior islands of the parking lot because they must be a minimum of 20 feet from all freestanding structures. These were removed from the December 11,2006 plan due to their shared location with overhead lights. Additional interior islands shall be created to fulfill the landscape ordinance requirement of one shade tree per 20 parking spaces in the interior of the parking lot. Please submit a cost estimate of the project with the revised plans for review and approval. x � x r Date, January 22, 21007 To: Charles Wunder, r lrban Planner fi-o n, Joe Wywrot, City Engineer CC: Susan}yacht Adnlinisuat-r s. Assistant Subject: Yorkville Market Square-- Plat,& Plan R.evieW l have reviewed the proposed plat and plain for the ref�rencc.d property, dated December 18, 2006 acid August 29, )()06, respectively and received January 12, 2007 4-nd have tli� comments listed below, Srn'tie o these iten-ts ate to be pa_'.rlbrmed by others or at a later date,but they are listed so thiUy are not forgotten" , 7 t=err:�e<id _.._ Fhe developer 41c w.dA re5 c)rid to revic 4' u:ynr entts tf, w dhe Buflodl,,Ig D. o?i'—wnt dated . zll"xt3'' "y 1.8 'The develop e ,,,shi�mE d rvsi .n J to rvview v C°c`F€me :its, 6on'3 I:hc. C'olCitl-un`,it°y' Devi:"op'netl.Depcat;?t'°nli dated 38'r ary r 8, 200, n"- ,ardir`kg tli jan(iscdpe,plali, A.n I1ti"I' z} l`:rz> , 1 lc-.tc3-c is r€r',uired. � A. �ii:v D�;�c:.lt�i�rz;�,:+�IxeP-F�zit�-ili be F-e�uzred l:c�s�7 tl�e-c;it�-. `l ire site ci;:`��+iol7inesFt perniit may be issued upon the following conditions! ( Fllat the o Anera'd developer understand that `Fio City Coun ilzGav not appro�-e One plat of subdivision, 1id cons yutntl'y pF aii nc ilsions Inay loo ,cclinircat t`z.l it ultc) the crass �.=,nailing plan. z"12 iF C°..1' III VP i n it as 'i--'b ii(An -nif application t`r 3t t 'plat �nce of t.'ho Sits tl ! Dt have Cf e l Sdfr ,ttc C t rE VFe& p`i4 P , i >s� Developinenzt Permit. o That the plaais for the offsite storrznwater ba.sirs m,.?dificatiotns are approved and tx)vered by the same Site Development Pen-nit(includ ng bonding), * That the Cit,,,,Administrator, City Attorney, and unity Development Director all concur that work nnay proceed prior to approval ofthe plat of subdivision, T hat all otIner aspects of Ordinance 2.003-19 are complied -\ ith. The Sidewalk alk c,o,e,ias7t.AgrE>c,rnneM was recordo:f on `ovembe: 7 ?006, Novide a c(my oul re-conds. Wonac of hoOl', be unsA im wrionym out din wAW, pond ApruvnPm,,-nts tyiust Ibc The sagaiwaWr fol,thii SJU, will lby detention irmnWAy soWh of the Wal R ,vicw work rctuinxl to 22. Those plan, nf.�edl �app[-(-"Vad a""id a oi citdit f"hat woflk-Kim So YKAT Win Squws phi A if you have qtiestion,., mny of thesc, "'c'e nw, �ED c/r o United City of Yorkville Memo ' 800 Game Farm Road EST. � 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o Fax: 630-553-7575 Date: February 1,2007 To: Charley Wunder,AICP From: Rebecca Houseman CC: William Dettmer, CBO; Anna B. Kurtzman,AICP; Joe Wywrot,PE; Subject: Zoning Review of the Final Plat of Subdivision Dated February 17, 2004 and Revised August 29, 2006 and the Final Site Development Plans Dated June 16, 2006 and Revised August 30, 2006 for Yorkville Market Square—REVISED Zoning staff has reviewed the documents above for Yorkville Market Square commercial subdivision at the southeast corner of Illinois Route 34 and Illinois Route 47 for compliance with the City of Yorkville's zoning code and the PUD agreement recorded April 23, 2004. Staff found the final plat of subdivision complies with the PUD agreement. The following issues concerning the Final Site Development Plans must be addressed before the plans may be approved: 1. The cover sheet indicates the name of the subdivision is Yorkville Market Square,but the name on each page is "Yorkville Market Center." The difference must be amended or explained. 2. On lot 3 on sheet 13, the side of the proposed building is only 15.9 feet from the side property line. The building must be at least 20 feet from the side property line (10-7D- 413-1). 3. The dimensions from the proposed buildings to all property lines must be shown to determine compliance with the setbacks outlined in the zoning code(10-7D-4). 4. Lot 1 currently shows 49 parking spaces including one accessible space. The Illinois Accessibility Code requires parking lots with between 26 and 50 spaces to include two accessible spaces. 5. The site development plans show a cross-access easement on the east side of the property connecting this subdivision with the Yorkville Marketplace subdivision. The applicant must provide documentation on the subject parcel's plat of subdivision as well as the Yorkville Marketplace plat of subdivision showing the existence of the cross-access easement. 6. The angle and the length of the angled parking along the west side of lot 1 must be shown on the plan to determine compliance with the zoning code. Parking spaces at a 45-degree angle must be 17 feet long, and parking spaces at a 60-degree angle must be 19 feet long C. Wunder Yorkville Market Square February 1, 2007 Page 2 of 2 (10-11-3C). The length is measured perpendicularly from the edge of the drive aisle to the curb line. 7. The maximum lot coverage for lots in the B-3 zoning district is 50 percent (10-7D-5). The lot coverage of the three lots in the subdivision cannot be determined from the information shown on the plan. The area of the buildings must be shown to determine lot coverage. 8. The parking requirement cannot be determined from the information given on the plans. The lot areas are shown on the plans, but the areas of the proposed buildings are not shown and must be(along with the proposed uses) to determine the parking requirement. 9. The loading requirement cannot be determined from the information given on the plans. The area of the proposed buildings is required to determine the necessity of loading berths. Please let me know if you have any questions or require additional information. rsh\abk S:\Rebecca\Yorkville\Commercial Plan Review\Yorkville Market Square\Plat Review-Revised 1.30.07.doc STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Yorkville Market Square WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Yorkville Market Square Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plat of Subdivision for the Yorkville Market Square Subdivision is approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. JAMES BOCH JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 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 FINAL PLAT OF SUBDIVISION SHEET 1 OF 2 FOR /T THE PLAT WAS SUBMITTED TO THE COUNTY / YORKWLLE T SQUARE RECORDER FOR T PURPOSES OF RECORDING BY: IPRINT 11"I BEING A PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL IADDNEssI MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ICITY/TOWNI I STATE I IZIP CODE) N PO/NT OF PARCEL INDEX NUMBER I 02-26-177-013 COMMENCEMENT U.S. 02-28-177-014 VACANT LAND ADJACENT TO ROUTE 34&ROUTE 47 30 15 0 30 (HERE70RO ROUTE YORKVILLE. ILLINOIS RZGN7 OF WAY MOTH VARIES) SCALE: 1" 30' / R-11459.15' (s B3'46'a7"E 34 L-294.95' ) PROPERTY DESCRIBED �1'2B'29" IN CASE 74 ED 3 EXCEP TI ON 90.77' \ TOTAL AREA OF SUBDIVISION R-11496.15' 143 3.211 ACRES 55, 6P EL 5 CI1d. Sr "' S 83'50'068, b 1 OO N 61 (FUTURE RIGHT OF LO 5 15 'P.U. &D.E E _ (MORE OR LESS) er OZ10 g 712.38' N 8353'25•W 261.681 90-3.045 SQUARE FEETS�I 61 o -20'PARKING SETBACK 27' (mom or LBea) >146, f C J0 70781, / DRAINAGE E ASEM -I- _ _ _ F.I.P. 3/4'ON LINE&0.3'E. NOTES AND� � _20'PARKING EASEMENT I ( 1 1- ,�20 PARKING SETBACK T8.35. 3/4 INCH IRON PIPE SET AT ALL LOT CORNERS 20'P.U. SETBACK 1 I I DRgIN BUC U7IUTY& (102M'1 ) NOTED.POINTS OF CURVATURE UNLESS OTHERWISE I iv &D.E. /�\ I 1 I 1 AGE EASEMENT \1 ALL MEASUREMENTS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. BUILpI 0 I �50'BUILDING G SE7BA01( DIMEANCESS SHORN ALONG CURVES ARE ARC j SETBACK I I I ��-� 1 1 1 20'UTILITY EASEMENT I 1 I I I BUILDING SETBACK I PER DOC.73-3700 DDAMENS40NS0T EN DILENS IONS ARE ARMEASUREDD 1 I I I I ALL EASEMENTS ARE HEREBY GRANTED UNLESS 1 1 1 `115 '1 OTHERWISE NOTED. I I I I 10'IBT EASEMENT 16, 1 471 I PER DOC.81-1320 P.E.S D.E. - INDICATES PUBLIC UTILITY 1 1 I I Z I B N EASEMENT HEREBY Z3 I I GRAANTT D. S ED. SEE PROVISIONS n I 1 IOW Ffyi �1 FOR DETAILS. THE BEARINGS vi W I WI 3 I I i,lx UW 1 I EAST RIGHT OFSWAY LINE OFS ILLIINOISTROUTE Le V �I 47 BEING N 04.36'33-E IASSUEDI. I I ILIIS b= blI j. 6 LOT 1 'UI n i j 12& _Z 1 j F.I.P. FOUND IRON PIPE 46,657 SQUARE FEET jI o N 133 1°Y� yy 1 O�E ID n'7 N I ° (More or Lem) I m I I 1°o a I I N ci $, N I I I I' n i l �$; 8 16 j I 123.5' I LOT 2 1 j g g LEGEND I 59,584 SQUARE FEET . Ih C - SUBDIVISION BOUNDARY LIE _ (More a Less) I 111 $ IH...r Solid Line) U N 1�U m 1 I I 1 �IJ 11 -LOT LIE/PROPERTY LINE at (Sol d Line) 1�b 1 IW I 1 < I I I O ADJACENT'LOT LIE/PROPERTY LINE �t pM ILlght Solid Lle.l Ici LI.I i G i I z BL..gIDee MedE x ILln.e)I=; m c ~� I 11n I 1 3 I I to --------eA3NwE o.n.d Line.)of EASEMENT PARKING SETBACK LIE O 1 1 I I It N I � ID-led Dotted Line) 1 1 — I 1 SET CONCRETE MONVEN7 Z I 1 1RANNAGE EW N I _U•_&_D.E. 1 E 1 I ❑ -FOUND CONCRETE MONUMENT __L�18.29' I LI,1.89J L------- S 85'03'27 E -113.313 _ T 11 ~ _ - S 83'22 44'W oWn� i Y 171.42' D.E. -L-7, 47.98_, r 43 p I — --- —1 R-7oo.00' 7Y 1 41 zi < I s 12722'10•E L!-2_q.18_ 1 ^ d N 3 41 t- < I FOUND CONC.MONUMENT �\ �< 20.35' 1 _ S 83'48',70• 98.36'N.&ON LINE Z 16 7 L- 33.00- _ I 20'UTILITY EASEMENT < F LOT 3 15- S 83'48'30 I PER DOC.73-3700 8 iD CIS z 27.173 SQUARE FEET 1to:oe' I N 1 rk & 5 (More or Les.) 19: 1I 15'PUBLIC __ 1 I t. �< DRAINAGE EASEMENT n &� 1 Spa m W I,,,�c I W I I 3 PREPARED FOR: a "� di i PROGRESS HOLDINGS i� a1N Ij I I 4277 BLACKSTONE COURT zo & 1 MILDDLETON, WISCONSIN 53562 —N a�MENT /-20 eunDlNC ^I 1 i I PH: (608) 849-6304 • / -�- SETBACK 1� 1 n 10'IBT EASEMENT 1 1 L' 5'PARKING �� I PER DOC.81-1320 I I ...... _ _ SETBACK --��-U.&D.E. � I j oF PO/NT 1VG W.LINE OF"- I-_j PREPARED BY: BEG/NN/NG -� 82 _ -'-' _ / CEMCON Ltd. FOUND PINCHTOP N 65.06, ._._._._._ _ _THE E.7246' __ _I._.J I. Ira 00' W 315.80' —'s7: "— . _—— V711 f S 60.53'06" VJ FOUND CRUSHED TOP Consulting Engineers. Land Surveyors & Planners 62 96' IRON PIPE AT CORNER 2280 WHITE OAK CIRCLE. SUITE 100 F.I.P.3/4'0.3'S.&0.3'E S 7 12 YI) AURORA, ILLINOIS 60504-9675 UNSUBDIVIDED FOUND PINCHTOP 0.3'S.&D.4'E 9'59 (, PH: (630) 862-2700 FAX: (630) 862-2199 62.46 e-mail: caddOcemcon.com DISC N0. : R:\704003 FILE NAME : PLAT DRAWN BY N.K.S. FLD. BK. / PG. NO. N/A COMPLETION DATE : 02-17-04 JOB NO. 704.003 REVISED: 09-02-04/MSO COMMON LINE OF LOTS 1 & 2 REVISED: 06-16-05/NKS ALL LOTS REVISED: 06-14-06/NKS LOT CONFIGURATION REVISED: 07-31-06/EEZ UPDATED EASEMENTS REVISED: 08-28-06/NKS PER CITY REV. LETTER DATED 8/23/06 REVISED: 08-29-06/NKS EASEMENTS PER CITY REVIEW Copyright 0 20D4 Cemeon,Ltd All Nghte reserved. SHEET 2 OF 2 OWNER'S AND SCHOOL DISTRICT CERTIFICATE CITY ADMINISTRATOR KENDALL COUNTY RECORDER'S CERTIFICATE PUBLIC UTILITY AND STATE OF ILLINOIS) STATE OF ILLINOIS) STATE OF I LL I NOI S I DRAINAGE EASEMENT PROVISIONS SS. SS. SS. A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND COUNTY OF I COUNTY OF KENDALLI COUNTY OF KENDALLI GRANTED TO THE UNITED CITY OF YORKVILLE, ILLINOIS TO THIS IS TO CERTIFY THAT PROGRESS HOLDINGS, LCC., IS THE RECORD APPROVED BY THE CITY ADMINISTRATOR FOR THE UNITED CITY OF THIS INSTRUMENT WAS FILED FOR RECORD IN THE CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE OWNER OF THE PROPERTY DESCRIBED HEREON, AND THAT AS SAID RECORD YORKVILLE, KENDALL COUNTY, ILLINOIS THIS __DAY OF RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THE_ DAY AN INSPECT FACILITIES FOR THE TRANSMISSION AND OVMER, IT CONSENTS 70 THE SUBDIVISION OF SAID PROPERTY, THE A.D., 20_. OF A.D., 20 AT O'CLOCK_.M. AND DISTRIBUTION OF WATER, STORM SEWERS, SANITARY SEWERS, WAS RECORDED IN BOOK OF PLATS ON PAGE GAS, ELECTRICITY, TELEPHONE, CABLE TELEVISION LINES, AND VARIOUS DEDICATIONS, GRANTS AND RESERVATIONS OF EASEMENTS AND ALL NECESSARY APPURTENANT FACILITIES THERETO. WITHIN THE RIGHT-OF-WAY SHOWN THEREON. AREAS SHOWN ON THE PLAT 45 'PUBLIC UTILITY 8 DRAINAGE EASEMENT', OR 'P.U. 6 D.E." TOGETHER WITH A RIGHT OF ALSO, THIS IS TO CERTIFY THAT THE PROPERTY BEING SUBDIVIDED COUNTY RECORDER ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AFORESAID AND. TO THE BEST OF OWNER'S KNOWLEDGE AND BELIEF, CITY ADMINISTRATOR AND REQUIRED FOR SUCH USES AND PURPOSES. THE UNITED CITY SAID SUBDIVISION LIES ENTIRELY WITHIN THE LIMITS OF SCHOOL OF YORKVILLE, AND ITS AGENTS. SUCCESSORS AND ASSIGNS MAY DISTRICTISI PERMIT HOLDERS OF EXISTING FRANCHISES WITH THE CITY TO OCCUPY SAID EASEMENTS, SAID HOLDERS BEING BOUND BY THE DATED THIS DAY OF A.D., 20_. TERMS SAID IN THESE EASEMENT PROVISIONS. BY: ATTEST: THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO SIGNATURE UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SIGNATURE KENDALL COUNTY CLERK'S CERTIFICATE E SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES. SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED MAYOR'S CERTIFICATE STATE OF ILLINOISI AS -PUBLIC UTILITY AND DRAINAGE EASEMENT-, OR "P.U. 6 TITLE TITLE SS' D.E.' WHICH INTERFERE WITH THE CONSTRUCTION, STATE OF ILLINOIS) COUNTY OF KENDALLI INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, SS. REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR COUNTY OF KENDALLI I, COUNTY CLERK OF KENDALL COUNTY, UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND NOTARY'S CERTIFICATE ILLINOIS, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT FACILITIES APPURTENANT THERETO. NO PERMANENT BUILDINGS, APPROVED BY THE CITY OF COUNCIL OF THE UNITED CITY OF GENERAL TAXES, NO UNPAID CURRENT GENERAL TAXES OF SPECIAL STRUCTURES, OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, STATE OF ILLINOIS) YORKVILLE, KENDALL COUNTY. ILLINOIS THIS_ DAY OF ASSESSMENTS. NO UNPAID FORFEITED TAXES AND NO REDEEMABLE UPON, OR OVER ANY AREAS DESIGNATED AS "PUBLIC UTILITY e A.D., 20_. TAX SALES AGAINST ANY OF THE LAND DESCRIBED IN THE FOREGOING DRAINAGE EASEMENT', BUT SUCH AREAS MAY BE USED FOR SS. CERTIFICATES. GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, PARKING COUNTY OF 1 AREAS, AND OTHER RELATED PURPOSES THAT DO NOT I FURTHER CERTIFY THAT 1 HAVE RECEIVED ALL STATUTORY FEES IN UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. I, A NOTARY PUBLIC IN AND CONNECTION WITH THE ANNEXED PLAT. FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT THAT MAYOR CITY CLERK GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE, HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES AND ILLINOIS, THIS DAY OF A.D., 20_: BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER AREIIS) PERSONALLY KNOWN TO ME TO BE THE SAME PERSONISI, SO AS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION WH E NAME I EIISI SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH AS OWNER(S), APPEARED BEFORE ME THIS DAY IN PERSON AND EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND ACKNOWLEDGED THAT THEYIHE/SHEI SIGNED AND DELIVERED THE SAID RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES INSTRUMENT AS THEIR(HIS/HERI OWN FREE AND VOLUNTARY ACT(S). COUNTY CLERK SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE FOR THE USES AND PURPOSES THEREIN SET FORTH, WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED A.D., 20_. ENTITIES SMALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CITY ENGINEER ILLINOIS DEPARTMENT OF TRANSPORTATION CERTIFICATE CHANGE THE SURFACE DRAINAGE PATTERNS. FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF NOTARY PUBLIC STATE OF ILLINOIS) THIS PLAT HAS BEEN APPROVED BY THE ILLINOIS DEPARTMENT OF YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN SS. TRANSPORTATION WITH RESPECT TO ROADWAY ACCESS PURSUANT TO GRANTED, SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT MY COMMISSION EXPIRES COUNTY OF KENDALLI SECTION 2 OF 'AN ACT TO REVISE THE LAW IN RELATION TO PLATS' TO SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE AS AMENDED. HOWEVER, A HIGHWAY PERMIT FOR ACCESS IS RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, I, CITY ENGINEER FOR THE UNITED CITY OF REQUIRED BY THE OWNER OF THE PROPERTY. A PLAN THAT MEETS GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, YORKVILLE, DO HEREBY CERTIFY THAT THE REQUIRED IMPROVEMENTS REQUIREMENTS CONTAINED IN THE DEPARTMENT'S 'POLICY ON THAT SAID CITY SMALL BE OBLIGATED, FOLLOWING SUCH HAVE BEEN INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS PERMITS FOR ACCESS DRIVEWAYS TO STATE HIGHWAYS" WILL BE MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED LAND REQUIRED BY THE DEPARTMENT. CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH IMPROVEMENTS. ANY ASPHALT OR CONCRETE SURFACE. 70 REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A DATED AT YORKVILLE, ILLINOIS, THIS _ DAY OF GENERALLY CLEAN AND WORKMANLIKE CONDITION. SURVEYOR'S CERTIFICATE A.D.. 20_. DISTRICT ENGINEER STATE OF ILLINOIS) COUNTY OF DUPAGEI 65. MORTGAGEE'S CERTIFICATE CITY ENGINEER THIS IS TO CERTIFY THAT 1, PETER A. BLAESER, AN ILLINOIS STATE OF WISCONSINI PROFESSIONAL LAND SURVEYOR, HAVE SURVEYED AND SUBDIVIDED SS. THE FOLLOWING DESCRIBED PROPERTY: COUNTY OF I THIS IS TO CERTIFY THAT PARK BANK, AS MORTGAGEE UNDER THE THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, MORTGAGE RECORDED AS DOCUMENT NUMBER , DATED TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL . HEREBY CONSENTS TO RECORDING OF THE MERIDIAN, DESCRIBED AS FOLLOW: PLAT AS HEREON SHOWN. COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U.S. DATED AT ILLINOIS, THIS DAY PLANNING COMMISSION CERTIFICATE ROUTE 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS A.D., 20_. ROUTE 47; THENCE SOUTH 04 DEGREES 52 MINUTES 00 SECONDS STATE OF ILLINOIS) WEST ALONG SAID EASTERLY LINE OF ILLINOIS ROUTE 47, A SS. DISTANCE OF 425.04 FEET FOR THE POINT OF BEGINNING: COUNTY OF KENDALLI THENCE NORTH 04 DEGREES 52 MINUTES 00 SECONDS EAST ALONG BV: ATTEST: SAID EASTERLY LINE 425.G4 FEET TO THE CENTER LINE OF U.S. 1, THE UNDERSIGNED, AS CHAIRMAN OF THE PLANNING COMMISSION OF ROUTE 34; THENCE SOUTH 83 DEGREES 46 MINUTES 47 SECONDS THE UNITED CITY OF YORKVILLE. ILLINOIS, DO HEREBY CERTIFY THAT EAST ALONG SAID CENTER LINE 385.72 FEET; THENCE SOUTH D6 TITLE: TITLE: THIS DOCUMENT HAS BEEN APPROVED BY SAID PLANNING COMMISSION DEGREES 13 MINUTES 13 SECONDS WEST 400 FEET; THENCE THIS DAY OF A.D., 20—. SOUTH 79 DEGREES 59 MINUTES 12 SECONDS WEST 62.46 FEET TO A POINT SOUTH 85 DEGREES 06 MINUTES 00 SECONDS EAST PLANNING COMMISSION, CITY OF YORKVILLE 315.80 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 85 DEGREES 06 MINUTES 00 SECONDS WEST 315.80 FEET TO THE NOTARY'S CERTIFICATE POINT OF BEGINNING, (EXCEPT THAT PART ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS STATE OF WISCONSINI CHAIRMAN THROUGH PROCEEDINGS HELD IN THE CIRCUIT COURT FOR THE SS. 16TH JUDICIAL CIRCUIT AS CASE 74 ED 3), IN THE TOWNSHIP COUNTY OF I OF BRISTOL, KENDALL COUNTY, ILLINOIS. 1, A NOTARY PUBLIC IN AND PLEASE TYPE/PRINT NAME THE PLAT HEREON DRAWN IS A TRUE AND CORRECT REPRESENTATION FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY OF SAID SURVEY. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL THAT , PARTS THEREOF. AND AREIISI PERSONALLY KNOWN TO ME TO BE THE SAME PERSONISI, 1 FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT WHOSE NAME(S) AREIISI SUBSCRIBED TO THE FOREGOING INSTRUMENT, HEREON DRAWN IS SITUATED WITHIN THE CORPORATE LIMITS OF AS OWNERISI, APPEARED BEFORE ME THIS DAY IN PERSON AND PREPARED FOR: - THE UNITED CITY OF YORKVILLE WHICH HAS ADOPTED A ACKNOWLEDGED THAT THEYIHE/SHEI SIGNED AND DELIVERED THE SAID COMPREHENSIVE PLAN AND WHICH IS EXERCISING THE SPECIAL INSTRUMENT AS THEIRIHIS/HERI OWN FREE AND VOLUNTARY ACT(S), PROGRESS HOLDINGS POWER AUTHORIZED BY HERETOFORENAND HEREAFTEREAMENDEDI AND 4277 FOR THE USES AND PURPOSES THEREIN SET FORTH. 4277 BLACKSTON E COURT THAT BASED UPON A REVIEW OF THE FEDERAL EMERGENCY MILDDLETON, WISCONSIN 53562 MANAGEMENT AGENCY IFEMA) FLOOD INSURANCE RATE MAP GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF COMMUNITY PANEL NUMBER 170341 0020 C WITH AN EFFECTIVE A.D., 20_. P H: 6 O8) 849-6304 DATE OF JULY 19, 1982, IT IS MY OPINION THAT NO PART OF SAID PROPERTY PLATTED HEREON IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY SAID FEMA MAP. PREPARED BY: GIVEN UNDER MY HAND AND SEAL THIS 28TH DAY NOTARY PUBLIC OF AUGUST, A.D., 2006. MY COMMISSION EXPIRES C E M C 0 N, Ltd Consulting Engineers, Land Surveyors& Planners 2280 WHITE OAK CIRCLE, SUITE 100 AURORA, ILLINOIS 60504-9675 PH: (6 0) 862-2100 FAX: (630) 862-2199 —mail: caddOcemcon.com ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3072 e MY REGISTRATION EXPIRES ON NOVEMBER 30, 2006 DISC NO. R:\704003 FILE NAME : PLAT PROFESSIONAL DESIGN FIRM L I CENSE NO. 184-002937 DRAWN 13Y N.K.S. FLD. SK./ PG. NO. N/A EXPIRATION DATE IS APRIL 30, 2007 COMPLETION DATE : 02-17-04 JOB NO. 704.003 Copyright®2004 Cemcm.Ltd.NI rights reserved. D C/p` Reviewed By: Agenda Itteam Number J� © Legal ❑ t,L a Finance ❑ EST ;�. - __ 1835 Engineer ❑ ._ Tracking Number O City Administrator ❑ Consultant ❑Human Resources PC 2006-98 CE `may ❑ City Council Agenda Item Summary Memo Title: Yorkville Marketplace—PUD Amendment/Consent Order Amendment City Council/COW Agenda Date: February 20,2007 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: See attached staff report dated February 13,2007 `,��o cry � o United City of Yorkville Memo 800 Game Farm Road EST. : � 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o Fax: 630-553-3436 Date: February 13, 2007 To: EDC/COW From: Travis Miller,Community Development Director CC: Lisa Pickering, Deputy Clerk Subject: Yorkville Marketplace—PUD Amendment Background: The Plan Commission reviewed the request January 10,2007 and recommended unanimously(7 yes—0 no)to approved the amendment subject to all staff comments. The current PUD Agreement for the Yorkville Marketplace was approved March 30, 2001 and recorded April 25, 2001. Request To amend the current PUD agreement to allow: 1. A 30 feet reduction of the building side yard setback(from 50 feet to 20 feet) on Lot 9; 2. A 3 feet reduction of the required landscape bufferyard(from 23 feet to 20 feet). The amendments requested are all to exhibits of the current PUD agreement and include: Exhibit B-1 —PUD Plan Exhibit C-1 —Lot 1 through 5 PUD Site Plan Exhibit C-2—Lots 8 through 9 Final Landscape Plan Note: original Exhibit C-2 included just Lots 1-5 therefore the new exhibit proposed is not an amendment to the existing exhibit,rather an addition to it. The petition also includes: 1. A Plat of Abrogation which will abrogate the current 50' side yard setback line of Lot 9 upon approval and includes the proposed 20' setback line Exhibit C-2-Lots 8 thru 9 Landscape Plan Review General Comments: 1) Label zoning of surrounding properties. 2) Show width of all landscape buffer yards. 3) Indicate the location of all freestanding structures including overhead lights, fire hydrants,manholes, etc. Trees shall have a minimum spacing of 20 feet from all freestanding structures. 4) The shade trees that are shown almost directly on top of the sidewalk along Marketplace Drive shall be moved to the parkway or grass lawn. Buffer yards: 5) A five foot buffer yard is required between adjacent properties. This pertains to the rectangular site along Veterans Parkway(Ace Hardware) and should be a continuation of the Lots 1 thru 5 landscape plan.Two shade trees and 15 shrubs are required per 100 lineal feet of buffer yard. 6) A required 30' buffer yard between the parking lot and Marketplace Drive is required with 2 shade, 5 evergreen,and 3 ornamental trees per 100 lineal feet. Plant list: 7) Acer x freemanii is not an approved shade tree and shall be removed from the landscape plan and replaced with a different species. 8) The plan quantities and the plant list do not match under the following species: Prairiefire Crab,Dwarf Burningbush,Anthony Waterer Spirea, Arrowwood Viburnum,Feather Reed Grass,Fountain Grass. STATE OF ILLINOIS ) )SS. COUNTY OF KENDALL ) AMENDMENT TO PLANNED UNIT DEVELOPMENT BETWEEN UNITED CITY OF YORKVILLE AND TDC YORKVILLE SHOPPING CENTER II,LLC THIS AMENDMENT to the Planned Unit Development is made and entered into this day of , 2007, by and between THE UNITED CITY OF YORKVILLE, an Illinois Municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "CITY", and TDC YORKVILLE SHOPPING CENTER II, LLC, hereinafter referred to as "DEVELOPER,"upon the following terms and conditions: WITNESSETH WHEREAS, the Developer holds legal title to the real property which is currently located within the municipal boundaries of the CITY and described in Exhibit "A" ("PROPERTY") which is attached hereto and made a part hereof; and WHEREAS, the DEVELOPER is desirous of amending certain provisions of the Planned Unit Development Agreement dated March 30, 2001, as well as abrogating a building and landscaping line on Lot 9; and WHEREAS, the DEVELOPER of the Property described in Exhibit "A" has requested the CITY to approve this Amendment to the Planned Unit Development Agreement for the Property; and its Plan Commission has considered the Petition and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of the Developer; and WHEREAS, all parties to this Amended Agreement are desirous of setting forth certain terms and conditions upon which the Property heretofore described in Exhibit "A" will be developed within the City in an orderly manner. WHEREAS, OWNER and their representatives have discussed the proposed amendment to Planned Unit Development Agreement and the development of all the PROPERTY 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 Amended Planned Unit Development Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the Plan Commission and City Council of the United City of Yorkville have further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested Amended Planned Unit Development, Special Use meets the following standards: (I) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety,morals, comfort or general welfare. (ii) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminished and impair property values within the neighborhood. (iii) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (iv) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. (v) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. (vi) The special use shall in all other respects conform to the applicable regulations of the district in which it is located. (vii) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. (viii) The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. (ix) That all minimum requirements pertaining to commercial uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically varied herein granting and establishing a planned development use. 2 NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15 through 65 ILCS 13.1-1.1, as amended,as follows: SECTION 1. The CITY in consideration of each party being bound by the terms, covenants, and conditions contained herein, upon execution of this Agreement and accompanying Ordinance approving the Amended Planned Unit Development Agreement does hereby approve this Amended Agreement on behalf of the CITY. SECTION 2. All references in the March 30, 2001 PUD Agreement to Exhibit B-1, C-1 and C-2 shall be replaced by new exhibits B-1, C-1 and C-2 as attached hereto in Exhibit"B." The City hereby approves the Plat of Abrogation of the building and landscape line on Lot 9 as attached as Exhibit C SECTION 3. The City hereby approves the following additional deviations. The landscape, parking and building side yard setback on Lot 9 is reduced to 20 feet and the landscape setback adjacent to Marketplace Drive is reduced to 20 feet. Additionally, the landscape buffer along Marketplace Drive as required on Page 3, Number 2 (Landscape Ordinance) is reduced to 20 feet. Exhibit "E" of the March 30, 2001 PUD Agreement is hereby amended to reflect these additional deviations. SECTION 4. The parties hereto agree that the terms and provisions of the PUD Agreement dated March March 30,2001, are hereby reaffirmed and remain unchanged except as amended herein. 3 EO of United City of Yorkville Memo 800 Game Farm Road EST V: 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o "�' ` �� % Fax: 630-553-3436 /� NmIMCu..,my 2 LE `4v Date: February 13,2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering,Deputy Clerk Subject: Yorkville Marketplace—Amended Consent Order The Yorkville Marketplace development is part of property which is governed by a Court order by the Circuit Court of Kendall County in April 1999. The PUD amendment requested by Tucker Development will require an amendment to this Consent Order entered May 11,2001 for the TDC Yorkville Shopping Center II,LLC portion of the property. Attached is a draft Amended Consent Order to be approved by City Council in the event City Council chooses to approve the requested PUD Amendment(PC 2006-98) IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT KENDALL COUNTY,ILLINOIS TDC Yorkville Shopping Center II, LLC, ) successor to TDC Yorkville, LLC, Successor ) to AMERICAN NATIONAL BANK and ) TRUST COMPANY of Chicago, not ) individually,but as Trustee under a Trust ) Agreement dated July 16, 1991, and known ) as Trust No. 114224-091 and INLAND LAND ) APPRECIATION FUND II, L.P., a Delaware ) Limited Partnership, ) Plaintiff, ) No. 98 CH 19 V. ) THE UNITED CITY OF THE VILLAGE ) OF YORKVILLE, ) Defendant. ) MOTION TO AMEND CONSENT ORDER NOW COMES the Plaintiff,TDC Yorkville Shopping Center II,LLC,as successor to Trust, Defendant as defined below, and THE UNITED CITY OF THE VILLAGE OF YORKVILLE, by and through their attorneys, the Law Offices of John Wyeth, and moves this Honorable Court to amend the Consent Decree. In support thereof, the City states as follows: 1. On April 7, 1999, the Plaintiff's Predecessor American National Bank and Trust Company of Chicago,not individually,but as Trustee under a Trust Agreement dated July 16, 1991, and known as Trust No. 114224-09 and Inland Land Appreciation Fund II, L.P. ("Trust") and Defendant, the United City of the Village of Yorkville ("City"), entered into a Consent Order regarding the property legally described in Exhibit"A". A copy of the Consent Order is attached as Exhibit`B". 2. This Court amended the Consent Order on May 11, 2001,to incorporate provisions of a Planned Unit Development agreement between Plaintiff's predecessor,TDC Yorkville,LLC and the City. A copy of the amended Consent Order is attached as Exhibit"C". 3. Plaintiff has petitioned the City to amend its PUD over a portion of the property. ("Tucker Parcel"). The Tucker Parcel is legally described in Exhibit"D". 4. The City held a public hearing to amend the Consent Order for the Tucker Parcel. A copy of the Ordinance approving the amendment to the Consent Order and the amended P.U.D. Agreement incorporated by reference into the Ordinance amending the Consent Decree are attached hereto as Exhibit"E". WHEREFORE,Plaintiff TDC Yorkville Shopping Center,II,LLC,as a successor in interest to the Trust and The United City of the Village of Yorkville respectfully request that Section D of the May 11,2001 amended Consent Order for the Tucker Parcel be amended as provided in Sections two and three of the Amended P.U.D. Agreement attached hereto as Exhibit"E". Respectfully submitted, LAW OFFICES OF JOHN WYETH By: John Wyeth, Esq. United City of the Village of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 2 LIST OF EXHIBITS Motion to Amend Consent Order Exhibit "A": Legal Description Exhibit `B": Consent Order Exhibit "C": Amended Consent Order Exhibit "D": Tucker Parcel Legal Description Exhibit"E": Amended P.U.D. Agreement Lots 1 , 2, 3 and 4 in Landmark Center, Yorkville, Kendall County, Illinois. Exhibit "A" LEGAL DMO=QN page 1 of 2 THAT PART OF SECTION 239 TOW-NISHIP 37 NORT49 ReN;c 7 EAST OF THE TWIRD PRI,:CIPAL mEPIDIAN9 DESCPI°ED AS. FOLLOWS2 SErI'V?iI%G AT THE TNTERSFCTION OF THE CENT=RLINE OF WAL'11.1T STREET IN THE CITY rJF Y�'JaKVILLE9 ILLINOIS. WITH THE FASTFOLY LIGHT OF 14AY LINE OF ILLINOIS =0'JTE 47; THENCE NORTHFRLY ALONG SAID EASTERLY RI"HT Cite WAY LI1"E9 164.59 FEET TO THE SOUTH kEST CCRVER OF LAND'rARK CENTER9 YORKVILLE9 - __ '�t.CAA_LL__Cs:r_UNITY_ _Sl_LINDIS-, _ THEhLE ..50sttNE STF�1�._EiL'.1_'ly---L��_5'?UT _ �;E OF SAID LAN04ARK CENTER# 311 .99 FEET TO THE S'1UTA EAST COPNiER THEREOF ; THF?iCE NOZ�THEAST_RLY ALONG THE EAST LINE 0= SAID LANDMARK CENTERS 779.55 FEET Tu THE NORTH EAST COF'4SR THER.21IF; THENCE NnRTEERLY ALONG THE EAST LINE OF A TRACT OF LAND CONVEYED TO KYLE A. AND MARTHA PRICE Y A v ARr ANTY DEED RFCnRnED N0VSv%rR 309 1851 AS D7C'JMFK-T 81-445F AFIn °•Y A 4ARQA`1TY 0EED RECORDEO APPIL 29 1952 AS 00CV"c`1T R2-11299 A OISTA'iCE JF 275.3S FEET TO THE Nn TH 'FAST C.3PiNFR OF S1I[? Pq!Cc TRACT; THEUCE ,10=THEASTERLY ALONIG A LINE WtiICH Ali ANGLE OF 1.04 nEGREES9 31 Mi1h;UTES 9 09 S;C'ONnS 0TH THE L: ST nLSCQI?FO C'JI;RS=• "F'•SVP=7 COUNTER CLOCKWISE` THEREF:ROa9 62.61 FEET..TO A POINT WHICH IS 400.0 FEET NORMALLY ISTANTv SOUTHERLY OF THE CENTERLII'iE OF U. S. ROUTE HI's 34 AND ON A LI`JS DRAWf. PERPENDICULAP TO SAID CENTERLINE FROM .4 POINT WHICH IS 3P5.72 FEET EASTERLY OF THE INTERSECTITN OF THE EASTERLY RIGHT OF SAY LINE OF SAID ROUTE 47 WITH THE TAN!-FNT CENTERLINE: OF SAID ROUTE 34 EXTF DED FRO4 THE SAST; TL=':CE SOI!THERLY ALm:4G SAID PERPE"w,DICJLAQ LIN-. 20.0 FEET; THENCE EASTERLY PARALLEL WITH SAID ROUTE 34 CFNTCRLIP:E9 519.62 FEET TO A LINE DRAWN PARALLEL WITH AND 25.n FEET WESTEKLY JF THE WESTERLY LINF OF LnT 19 A.+FA'•1 ISLE ESTATESw K_NDALL COU'1TY9 ILLINOIS UNIT 1; THEPICS NORTNEPLY AEONS SAID PARALLEL LINE 20.0 FEET TO THE SIUTHF;!LY LINE OF SAID LIT 1 EXTENDED FQ0m THE EAST; THt NCE EASTERLY ALONG SAID EXTFN"DE^ SOUTHSOLY LIME ANC SAID SOUTH LINE9 155.00 FEAT TO THE Sg1JTH EAST C"1RNSR OF SAID LOT 1; THENCE NI�RT!4Ec.LY AVING TH= EAST LINE OF SAID LOT 19 A DISTANC5 hF 400.7 FEET TO THE CE-jTE7 DYNE OF ILLINOIS STATE ROUTE NJ. 34; Tw=-NCE EASTERLY ALONG SAI:, CEtiTERLINF- 9 954.23 P_eT TO THE EAST LINE O%- A TRACT OF LAND CUvVEYFO Tit TH^ nLh SEC01,40 NATt ;NAL 9A`;K OF AUR091 A • AS TQJSTEE UNDER THc DROVISION OF A TRUST AG,t=FmENT E'ATEU AUGUST 179 1571 ANC KNOWN AS TPUST NO. 1595• "Y A DEEO Iii TRUST SEPTFMPER 23• 1571 AS CDCJOE%T 71-3555 AS SAID LIti= IS `'n'vL1*JENTEF1; TWENCF_ SG'JTNEQLY ALONC- THE EAST LlNt° nF SAID TL;:ST Tt+ACT• 741 .49 LEFT T7 T4= CENTERLINE OF PC'4U;il THENCE SOUTHW'ESTEPLY AL'_►°:G SAID CF'.TE?LI":= IQS*59 FEET TO AN: ANGLE I►': SAID CF:VTFPLIN=; TH;_NCE SOUTHERLY AL^�•;G SAID CEN:TEI LINE• 201 .D5 FEET Tr. THE N!_)RTh EAST C1R,::E1i 012 W,4L'Il1T STRFET AOnITICN• YC".KVILL KE'4DALL CJ1JNTY• ILLI"10TS ; THE;;C= WESTERLY ALO'j THE NORT-(EPLY LIk;F. :iF SA.ID A:)DITIO` 71 °96^ FEET TO THE NORTH :JEST COPN=R, Th=REuF; TwE':CE S1:,9To-!7 PLY AL^Nr, THE 41FSTFRLY LINE IF SAID AC^ITICNI PAGE 1 LEGAL.DESCRIPTION Page 2 of 2 4310 FEET TO Tms CE","PLI'NE OF SAIL) WALNUT STREET; THENCE WESTF.P.LY ALONG SAI_l CE'iTERLI`)E. TQ A POINT OF PEGSINNINC ( EXCEPT THAT DART THEREOF CONVEYED TO THE UNITED CITY OF Twz VILLAGE 0c' YOftKVILL RY DEEDS P cc:7RDED JU- 1 • 1470 AS DOCUMENTS T0-253R AND 79-2639 AND BY DEED RFCC-.DELI JJ" 6• 1992 AS h7CUr_`:T 62-2359 ANID EXCEPT THAT PART THEREC,F C3':VEYECl TO THE PE^PLE OF THE ST.ATF OF ILLINOCIS. DEPARTMENT OF TgANSPORTATICN SY DEED RFCORDE7 JJLY 29, 1974 AS DOCUyFt.T 743616) IN THE LINTTE: CITY OF TH: VILLAGE OF YORKVILL_i, KFNDALL COUNTYv ILLINOIS. AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: C0b2WCING AT THS INTERSECTION OF THE CENTER LINE OF Q.S. ROUTE NO. 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47; THENCE EASTERLY, ALONG SAID CENTER LINE OF U.S. ROUTE NO. 34, A DISTANCE OF 385.72 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 47 MINUTES 00 SECONDS BAST, ALONG SAID CENTER LINE, 135.0 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 00 SECONDS WEST, PERPENDICULAR TO SAID CENTER LINE, 191.0 FEET; THENCE NORTH 83 DEGREES 47 MINU S 00 SECONDS WEST, PARALLEL WITH SAID CENTER LINE, 135.0 FEET; THENCE NORTH 06 DEGREES 13 MINUTES 00 SECONDS EAST, PERPENDICULAR TO SAID CENTER LINE, 191.0 BEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM, THAT PART CONVEYED TO THE STATE OF ILLINOIS BY WARRANTYC DEED RECORDED FEBRUARY 1, 1974, AS DOCUMENT NO. 74-447) ; IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U.S. ROUTE NO. 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47; THENCE EASTERLY, ALONG SAID CENTER LINE OF U.S. ROUTE NO. 34, A DISTANCE OF 385.72 FEET; THENCE SOUTH 83 DEGREES 47 MINUTES 00 SECONDS EAST, ALONG SAID CENTER LINE, 135.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 06 DEGREES 13 MINUTES 00 SECONDS WEST, PERPENDICULAR TO SAID CENTER LINE, 191.0 FEET; THENCE NORTH 83 DEGREES 47 MINUTES 00 SECONDS WEST, PARALLEL WITH SAID CENTER LINE, 135.0 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 00 SECONDS WEST, PERPENDICULAR TO SAID CENTER LINE, 229.0 FEET; THENCE SOUTH 83 DEGREES 47 MINUTES 00 SECONDS BAST, PARALLEL WITH AND 420.0 FEET SOUTHERLY OF SAID CENTER LINE, 519.50 FEET TO A LINE WHICH IS 25.0 FEET WESTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF LOT 1 OF AEGEAN ISLE ESTATES, KENDALL COUNTY, ILLINOIS, UNIT 1; THENCE NORTH 06 DEGREES 13 MINUTES 00 SECONDS EAST, ALONG SAID PARALLEL LINE, 420.0 FEET TO SAID CENTER LINE OF U.S. ROUTE NO. 34; THENCE NORTH 83 DEGREES 47 MINUTES 00 SECONDS WEST, ALONG SAID CENTER LINE, 384.50 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM, THAT PART CONVEYED TO THE STATE OF ILLINOIS BY WARRANTY DEED RECORDED FEBRUARY 1, 1974, AS DOCUMENT NO. 74-447) ; IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PAGE 2 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) IN THE CIRCUIT FOR THE SIXTEENTH JUDICIAL CIRCUIT -KENDALL COUNTY, ILLINOIS AMERICAN NATIONAL BANK and ) TRUST COMPANY of Chicago, not ) - individually, but as Trustee under a ) Trust Agreement dated July 16, 1991 , ) and known as Trust No. 114224-09, ) and INLANg LAND APPRECIATION ) FUND IHI �.P., a Delaware Limited ) Partnerships ) No. 98 CH 19 Plaintiffs, ) VS. ) THE UNITED CITY OF THE VILLAGE > FILED OF YORKVILLE, ) APR 0 1 1999 Defendant. ) SHIRLEY R. LEE Circuit Clerk rendaN Co. CONSENT ORDER The Plaintiffs, AMERICAN NATIONAL BANK and TRUST COMPANY of Chicago, not individually, but as Trustee under a Trust Agreement dated July 16, 1991 , and known as Trust No. 114224-09, and INLAND LAND APPRECIATION FUND II, L.P., a Delaware Limited Partnership, herein collectively referred to as "Plaintiffs and the City of Yorkville (the "City") by and through its corporate authorities have agreed to the making of this Consent Order. These stipulated facts shall be the findings of fact by this Court and the conclusions herein shall be the conclusions of law by this court. I. Background The Plaintiffs are Owners of two (2) vacant tracts of land commonly known as the Landmark Center which tracts are legally described on Exhibits "A" and "B" attached hereto and made a part hereof ("the Landmark Center" or the "Subject Property"). The Landmark Center consists of approximately fifty-four (54) acres. Yorkville.Cons.Ord 02031999 Final Draft -1 - EXHIBIT "B" Plaintiffs filed applications with the City to rezone portions of the Landmark Center which portions consist of approximately 38.251 acres. The Landmark Center is located within the corporate limits of the City. Portions of the Landmark Center are currently zoned "B-1 ", "B-2" and "B-3" under the terms and conditions of the City's Zoning Ordinance. The Plaintiff's rezoning application filed on December 16, 1997, sought to rezone the therein described portions of the Landmark Center-to the "R-4" and "B-3" classifications under the City's Zoning Ordinance. The City conducted all the required public hearings and meetings necessary and appropriate to consider the rezoning application. The City voted to deny the rezoning application on February 12, 1998. On February 17, 1998, the Plaintiffs filed the instant action for Declaratory and Injunctive Relief. The City answered the Plaintiff's Complaint and the parties participated in discovery. The parties have actively pursued resolution of the issues presented in this cause and have agreed to a comprehensive settlement of all issues, all of terms of such settlement are contained in this Consent Order. II Settlement The parties stipulate that this Consent Order is entered into for the purpose of settlement only and that neither the fact that a party has entered into this Consent ,Order nor any of the facts or conclusions of law stipulated herein shall be used for any purpose in this or any other proceedings except to enforce the terms hereof by the parties to this Agreement. The undersigned representative for each party certifies that he is fully authorized by the party whom he represents to enter into the terms and conditions of this Consent Order and to legally bind the party he represents to the Consent Order. III Statement of Facts The Landmark Center consists of vacant property which is generally located at the southeast corner of the intersection of Routes 47 and 34 in the City. The Plaintiffs intend to develop the. property as a mixed use development consisting of commercial, townhomes and apartments. Yorkville.Cons.Ord 02031999 Final Draft -2- IV Development Terms The Plaintiffs shall be permitted to develop the Landmark Center in accordance with the existing or future ordinances of the City, whichever are less restrictive and the following additional terms and conditions: A. Commercial Area 1 The areas designated as "B-3" on the Site Plan (the_"Commercial Areas") attached hereto marked as Exhibit "C" (the "Site Plan") shall be developed in conformance with the uses of the "B-3" zoning classification under the City Zoning Ordinance. The Commercial Areas are legally described on Exhibits L-3, L-4 and L- 5 attached hereto. 2. The City shall cooperate with the Plaintiff in order to secure the highway entrance/exit permits which are depicted on the Site Plan. The City shall approve such entrance/exit points which are depicted on the Site Plan and are under the control and jurisdiction of the City. 3. At the request of the City or the Illinois Department of Transportation, the Plaintiffs shall dedicate whatever right-of-way is reasonably necessary to provide for intersection improvements at the realigned McHugh Road and U.S. Route 34. 4. The Plaintiffs shall provide such cross transportation easements as are commercially reasonable in order to provide for appropriate traffic management within the Landmark Center. 5. The Plaintiffs shall use reasonable efforts to develop the area marked as "Transition Area" on the Site Development Plan as a Commercial Area. In the event that the Plaintiffs are not successful in such commercial development with two (2) years from the date of this Order, then in that event, the Plaintiffs shall be permitted to develop undeveloped portions of the Transition Area in conformance with the alternate Site Plan attached hereto Yorkville.Cons.Ord 02031999 Final Draft -3- marked as Exhibit "D" (the "Alternate Site Plan") as apartments or townhomes in conformance with Section IV(B) hereof. The Plaintiffs shall be permitted to construct up to 7.99 additional units per gross acre on the undeveloped portions of the Transition Area. The Transition Area is legally described on Exhibit L-6 attached hereto. 6. Storm water management areas may be located anywhere within the Subject Property without regard as to whether they are in the actual area which they are designed to serve. 7. In the event the Plaintiffs sell or otherwise convey any of the Transition Area and such conveyance is contemplated to facilitate the commercial development of the Transition Area, and if at the time of such conveyance the right-of-way for the "full access" depicted on the Site Plan which lies west of the property hereinafter described on Exhibit L-5 has not been dedicated for public use, then in that event the Plaintiffs shall dedicate to the City that portion of the proposed right-of-way which extends from Route 34 to the south line of the property described on said Exhibit L-5. B. Residential Area 1 . The Plaintiffs may construct up to one hundred forty-eight (148) apartment units in the area designated as "Apartments and/or Townhomes" on the attached Site Plan. In the sole discretion of the Plaintiffs townhome units may be substituted for apartments. 2. The Plaintiffs may construct up to sixty-two (62) townhome units in the area designated as "Townhomes" on the Site Plan. 3. The Plaintiffs shall set back all residential structures not less than the amount shown on the Site Plan (or Alternate Site Plan, if applicable) from any exterior property line of the Landmark Center which is adjacent to a now existing Residential Structure. York viIIe.Cons.Ord 02031999 Final Draft -4- 4. The Plaintiffs shall provide screening of the opacity set forth on the applicable Site Plan. 5. The Plaintiffs shall dedicate to the City the area designated as "Park Area" on the Site Plan. The Plaintiffs shall be given a credit for such park against the City's park contribution ordinance requirements. 6. Each townhome dwelling unit shall contain a two (2) car attached garage if required by Village Ordinance at the time of building permit application. 7. Each apartment dwelling unit shall have one enclosed parking area if same is required by Village Ordinance at the time a building permit application is requested for an apartment building. C. General Conditions 1 . The Plaintiffs shall pay all school, park and other impact contributions at the time of building permit issuance. 2. In the event of any inconsistency between the Site Plan, or the Alternate Site Plan if applicable, and this Order and the Ordinances of the City, this Order and the applicable site plan shall control. 3. The Plaintiffs are permitted to develop the Landmark Center in Phases. 4. The Plaintiffs are not required to- post any bond or other security as a condition of approval of any Final Plat, however, such Plat shall not be recorded until or unless the subdivision bond or other security is posted. 5. The right-of-way for all streets shall be as depicted on the Site Plan. V. Approvals The City shall approve Preliminary Plats of the Landmark Center which conform Yorkville.Cons.Ord 02031999 Final Draft -5- with' the Site Plan, this Order and applicable City Ordinances within forty-five (45) days of submittal by the Plaintiff. Further, the City shall approve all final plats and accept all public improvements which substantially conform to such Preliminary Plats. This Consent Order shall apply to and be binding upon the City, its agents, officers and employees each in their official capacity and the City shall not raise as a defense to any action to enforce this Consent Order the failure of any of its agents or employees to take such action as shall be required to comply with the provisions of this Consent Order. VI. Jurisdiction and Venue The parties agree that this Court has jurisdiction to consider the matters herein and that venue in the Circuit Court of Kendall County is appropriate. The parties further agree that the Court shall retain jurisdiction of this matter for the purpose of amending, interpreting, implementing and enforcing the terms and conditions of this Consent Order and for the purpose of adjudicating all matters of dispute among the parties. VII. Final Judgment Order Pursuant to the stipulations of fact and law by the parties, this Court having jurisdiction over the parties and the subject matter, the parties having appeared, due notice having been given or waived and this Court having considered the stipulated facts and being fully advised in the premises, IT IS HEREBY ORDERED, ADJUDICATED AND DECREED: A. The uses proposed by the Plaintiffs are reasonable uses and are the highest and best use of the Subject Property and the application of the City Ordinances so as to prohibit such uses is unreasonable, void and invalid and of no legal force or effect whatsoever. B. The Plaintiffs have the right and are permitted and authorized to develop the Subject Property in conformance with this Order and the applicable Site Plan. C. The City and its agents, servants, and employees are hereby enjoined and restrained from enforcing the provisions of the City Ordinances, Yorkville.Cons.Qrd 02031999 Final Draft -6- including its Zoning and Subdivision Ordinances against the Subject Property in any manner that would prevent the Plaintiffs from developing the property in conformance with this Order. D. The Court retains jurisdiction of this cause to enter any and all orders of judgments as may be necessary to enforce the Judgment entered herein. VIII. Costs and Expenses Each party to this Consent Order shall bear its own costs and expenses including attorney's fees. IX. Binding Effect This Consent Order shall inure to the benefit of and be binding upon the Plaintiffs, and their successors in any manner in title, and assigns, and shall be binding upon the City and the successor corporate authorities of the County. It is understood and agreed by the parties hereto that, in the event all or any portion of the Subject Property is sold or conveyed at any time, all the obligations and responsibilities of Plaintiffs, as herein set forth, shall devolve upon and be assumed by such purchaser or grantee, and the Plaintiffs shall be released from all obligations which relate to any portion of the Subject Property as may have been sold or conveyed. WHEREFORE, the parties, by their representatives, enter into this Consent Order and submit it to the Court that it may be approved and entered. Yorkville.Cons.Ord 02031999 Final Draft -7- Approved and Agreed to this Entered this day of day of -;L._ 1999. (��j--- 1999. i'HOMAS E. HOGAN Judge For t e City For the Plaintiffs , David J. Silverman - 06198661 Mahoney, Silverman & Cross, Ltd. 805 W. Jefferson Street, Suite A Shorewood, IL 60431 (815) 730-9500 -8- LIST OF EXHIBITS A. Legal description of tract B. Legal description of tract C. Site Plan D. Alternate Site Plan L-1 . Legal description of Apartment/Townhome Area L-2. Legal description of Townhome Area L-3. Legal description of Commercial Area on southwest corner of the Site Plan containing approximately 4.6 acres L-4. Legal description of a portion of the Commercial Area containing approximately 16.8 acres L-5. Legal description of Commercial Area adjacent to Route 34 containing approximately 3.0 acres (includes Transition Area). L-6. Legal description of Transition Area -9- Lots 1 , 2, 3 and 4 in Landmark Center, Yorkville, Kendall County, Illinois. Exhibit "A " L D Page I or 2 THAT PART O= SECTION 23 , TOw%SHIP 37 NORT,4 , Q° ^ c 7 EAST mEPIDIA"!, OF T�tE TwIoo I°ED AS FOLLOWS : S=rINNT'�G AT THE INTEPSFCTIO:4 O= THE CE\T_RLINE OF NAL-11.1T STREET I'4 THE CITY OF YOPKVILLE, ILLINOIS , .;ITN THE EASTERLY RIGHT OF 144Y LINE OF ILLINOIS =0'JTE 47 ; THENCE NORTHFF•LY ALONG SAID t,_ STEZUY PT-HT Oc WAY LI`!E♦ 164. 59 r-EET TO TH SOUTH NEST CCPVEp nF LAND'!aRK CE`4TER, YDF'KVILIE, KENDALL COUVTY, ILLINOIS ; THENCE SOUTHEASTERLY ALON' THE SOUTH LI`'E OF SAID LAnD''ARK CENTER , 311 .99 FEET TO THE SOUTH CAST CORNIER TwEP- CF ; THE,:CE NORTHEAST=P,LY ALDKIG E c - 779 . 55 FEET TO THE NORTH EAST ^ASE LINE .,- SAID laNpr+AFK CENTER, 777 CAST -=T OF A TRACT OF C-PNTR c HEREOF ; Tt+E'aCE NrIRTF:EP.LY ALCNG) LAND CONV YED TO KYLE 0. AND MARTHA PRICE Y A�.;ARR INTY OEC, REC7goED ti0V='•''cR 30, 1 51 AS ,OCUkFKT °•Y A uARQ.�`JTY 0221 PEC[+Rt�.c7 Avc 21-`45F ArJO OI STA'!CE JF Z75.39 F I L T c) AS :T PZ-112R, A FEET TO Tuc r:O=TH CAST CO?,N cc CiF St ID PRICE 7R,4CT ; THE:ICE ,JO=THEASTckLY ALONG A LINE WHICH F:27:-jS AN ANGLE OP 104 0c`GRE=S, 31 miN,,JT=S , 09 S=COt;nS KITH THE L' ST D=SCRI?FO COI!RSc. •'cASI;'�=O COUNTER CLOCKWISE THEREFRf?'41 62. 61 FEET.—TO A POINT WHI C N I S 4pp.p FEET= I STAP!T SOUTHERLY OF THE CENT:RLIJ•:E OF U . S. ROUTE N11, 34 A N 0 ON A LINE DF.A ,;P: PERPEN1DICULAP TO SAID CENTER LI NF FR( M A POINT k':HICH IS 32'5.72 FEET EASTERLY OF TH= . c n RIGHT OF „�AY ^' n - I,..T=gS_CTI _ N JF THE EASTcPLY CLINE- F SAID ROUTE 47 WITH THE TVW! FNT C:NT=,?LINE OF SATO ROUTE 34 EXT... NDE� FRO'l THE EAST; T_r,,CF SOUTHERLY ALr�';G SAIiI PERPE'47ICJLA.R LIVE. 27.0 FEET; TNGtiCE EASTERLY PARALLEL ,.ITTq c T 34 CFf;TERLIP:E , 519 . 62 FEET Tn A N _ �. _A _D ROUTE WcSTEJ•iLY JF THE :�JESTE c Lir�T n�`W'� PARALLEL WITH A^1� 25.0 FEET RLY LI'J, OF L.. • 1 , A,,FA►-J ISLE ESTATES , K :NDALL COU%TY , ILLINOIS LI'!IT 1 ; THP�JCc NOP.T�4=PLY ALC. i— SAID PARALLEL LINE 20. 0 FEET TO THE S ?UTHF-LY LINL QF SA I ^ LDT 1 EXTENDEC FQUu THE. EAST ; TriENCE EASTERLY ALL ;G SAID EXTF:V1)E^ SJUTH=cLY LINE 4yC SAIO SOUTH LI ` E9 155. 00 FEET TO THE 5')IJTH =4ST C7RV�R OF SAI1 LOT 1 ; THG'•!rc rfOv.THE�.LY ALING THE EAST LINE OF SAID L%T 1, A DISTANCE OP 400.0 FEET TO THE CE'iTE•� LI%E OF I LLINCIS STATE ROUTE No. 34 ; Ttacf�;CE EASTERLY ALCINC SAI7`r'CTNTERLINJ , 954.21 F:cT TO THE EAST LIVE Cl;: A TRACT OF LAND CUvV_ YFD T._ H- OL'' S=CC',';D ,NAT?�N'AL 9A�X �F ALJQOC' -% . 4S TQJSTE= UNGEK T,H� °^C"VISI:"a OF A TRUST K�,R=fuE\�T C'ATEJ AUGLIST 17 , 1971 A^1C KV,u:\' 4S TP �JST �d0. '"S 'l c''r A C=cO Iri TRUST c,cCORL)En SEPTF�iFER 239 1571 AS LOCJ"E';T 71-3555 AS SAICI LIN_ IS ``n;vLJ`�ENTErl; TNC,ICF SC-tJTu=QLY ALONG THE EAST LINO OF: SAID Tf.;.'ST Ti ACT, 74 j .49 cc=T T'1 T'-ic E co c 4' A =vIL� Ir E SCUTHuESTERLY AL--",G SAIL CE•.TEQLI"'= 1120 50 F =T S4ID CF;gTE? LI". - , TH.;:M' - Tw_ E= TO ' 71 . D5 FEET Tr, THE � C S7U �CLY ALO-;G SAID CEr:TE?LI.4 - nOcr� Ea ST CDa..:E< O= w.4L'V'IT STR =ET AODITICN, , YC?K'� ILL= , KE'JuALL C :3W4TY . ILLI"JOTS ; Tr4Er;C= �dESTERLY ' L^'J,,, TH" T�PT�cFLY LII;E JF SAID a'JOITI1v 71 ? , 6n FEET TO THE 'iC7RTH :qcST �7nrcR ER J Tom= :C. ". LY AL,-,J:: THE VIESTFRLY LINE 1E 54I7' 4C^ITICN Exhibit " B " PAGE 1 - LEGAL �F��RIP'T7nN Page 2 of 2 43 1 ,n FEET TO TFfS CE•,TF-TLINE OF 54IIJ �'AL` IJT STREET ; THENCE ^�STEP.LY ALONG SAI-1 CE'ITERLI'lE . Tn A POI 1T CF FEC,Iyn;I•lr ( cXCEcT T�4T odor THEREOF C�s'V=Y_O TO THc UNITED CITY OF Tu_ DEEDS � EC-7RDED JUG'_ It 1470 q t c, �ILLAGF C1c YnnKVILLc ?Y S 00C J'1._ �T5 70._2a33 AND 79-2639 ANO °Y CEEC fi.ECC=;OEL1 JJ%E 6t 1992 AS 62- 2359 AP';O EXCEPT THAT PART THEREnF C,:%VFYE.C- TO THE PEnPLF 7F THE ST.47F 7F ILLIN1 11S, Ccn DT Tctd,'4SPCRTATICN •3Y OE=C RFCORDE� JJLY 29 . 1974 AS DOCUvFt.T 744 'MEAT OF THE U'1ITED CITY OF TH- VILLAGE OF YOPKVILL- t KF:%04LL COUNTY, IN r ILLINOIS. AND THAT PART OF THn' NORTIYWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORT'ri, RANGb This THIRD PRINCIPAL, MERIDIAN DESCP.IBED AS FOLLOWS: COMMENCING AT TH5 7 EAST OF IN'T'ERSECTION OF THE CEM=R LINE OF U.S. ROUTE NO. 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47; TRENCH EASTERLY, ALONG SAID CENTER LINt OF II.S• ROUTE NO. 34, A DISTANCE OF 385 .72 FEET FOR THROUTE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 47 MINUTES 00 SECONDS EAST, ALONG SAID CENTER LINE, 135.0 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 00 SECONDS WE LINE, 192 .0 FEET; THfiNCB ST, PERPENDICULAR TO SAID CENT-ER NORTH 83 DEGREES 47 MINUTES 00 SECONDS WEST, P WITH SAID CENTER LINE, 135 .0 FEET; ARALLEL THENCE NORTH 06 DEGREES 13 MINUTES 00 SECONDS EAST, PERPENDICULAR TO S = CENTER LINE, 191.0 FEET TO TIC POINT OF BEGINNING (EXCEPTING T'FiEREFROM, THAT PART CONVEYED TO TFi'H STATE OF ILLINOIS BY WARRANTY DEED RECORDED FEBROARY 1, 1974, AS DOCUMENT NO. 74-447) ; IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AND THAT PART OF THE NORTHV"ST 1/4 OF SECTION a8, TOWNSHIP 37 NORTH, RANGE 7 EAS1 OF TF T'rIIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: CONINSENCING AT THE INTERSECTION OF 77i$ CENTER LINE OF U.S. ROUTE 27 34 WITH THE F�CTTHE R2GHT OF WAY LINE OF ILLINOIS ROUTE NO, 47; THENCE EASTERLY, ALONG SAID CENTER LINE OF A II.S. ROUTE NO. 34, DISTANCE OF 385 .72 FEET; TFXNCE SOUTH 83 DEGREES 47 MINUTES 00 SECONDS EAST, ALONG SAID CENTER LINE, 135 .0 FEET FOR TI-m POINT OF BEGINNING; THENCE SOUTH 06 DEGREES 13 MINUTES 00 SECONDS WEST, PERPENDICULAR TO SAID CENTER LINE, 91.0 FEET; THENCE NORTH 83 DEGREES 47 MINUTES 00 SECONDS WEST PARALLEL WITH SAID CENTER LINE 135 .0 FEET; TFENCR SOUTH 06 DEGREES 13 MINUTES 00 SECOtiDS �'S''-', PERPENDICULAR TO S,A2D CENTER MINIITES 00 SECONDS LINE, 229 .0 FEET; THENCE SOUTH 83 DEGREES 47 -ST. PA- �•LEL WITH AND 420 .0 FEET SOII"IFCGRS,Y OF SAID CENTER LINE, 519 .50 FEET TO A LINE WHICH IS 25 .0 FEET WESTERLY OF AND PARALLEL WITH ir.'y WESTERLY LINE OF I,pT 1 OF AEGEAN ISLE ESTATES, ICSNDALL COUNTY, ILLINOIS, UNIT 1; =HENCE NORTFI 06 nEGR =-S 13 MINUTES 00 SECONDS EAST, ALONG SAID PARALLEL LINE, 420 . 0 FEET SE SAID CENTER LINE OF U.S. ROUTE NO. 34; THENCE NORTH 83 DEGREES 47 To r`EGIINNI 00 S?CO_*IDS WEST, ALONG SAID CENTER LINE, 384 .50 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM, THAT PART CONVEYED TO THE STATE OF ILLINOIS BY WARRANTY DEED RECORDED FEBRL7.AZy 1, 19 74, AS DOC 1--NT NO. 74-44 7) ; '1:I 'T-H-= UNITED CITY OF TI•T.E VILLAGE OF YOP?CVILLE, KENDALL COUNTY, ILLINOIS. Exhibit " B " PAGE 2 Hal of r Part o/Section 28-37-7 and Lots 2,3,and 4 Landmark Center K CENTER Yorkville Kendall County Illinois BY INLAND REAL EST -- � .p ENT CORPORATION �Ab.le BIT C w. �; »',•:0: / SITE DATA (w—a>wo1999 rlwx EUxli3 ♦CflE3[N1.1C' S�f IO1.LL .ONES i Na G[xEN.t N[Sw(x.uL Ida 1..! !S1 9 •�10;�,- j ,� INxrK(.o.w(S.aSIxC! ..,. wl • ns.aaa wcnasy , BY �.. INLAND REAL ESTATE DEV I i •un.mcno..r ELOPMENT CORPORATION: . EXHIBIT D . )1 L 2 ACRES / w• / % ` Der •Ab w SITE DATA D[x11VIW ,LIrU i! ACNEl OIYAC YOf TOTAL LYO/nu! /C 11�G[MfrtLL[[,DEart4L Tn rrn r.n Lrn �� ,S.nr�a sa uevicf wawua o-,raucr ura ar.n v.fo-M I` rmua m ao r.0 ra aaY — r•rav ar gaau awn Area 1 That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center line of U.S. Route No.34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet; thence southerly at right angles to said center line 200.34 feet for a point of beginning, thence southerly along the last described course extended, 228.19 feet; thence southeasterly along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 496.74 feet; thence southeasterly along a reverse curve to the right, having a radius of 400.0 feet, an arc distance of 553.90 feet to the center line of McHugh Road; thence northerly along said center line 201.05 feet to an angle point therein; thence northeasterly along said center line 108.59 feet to the East line of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated August 17, 1971 and known as Trust No. 1595, by a Deed in Trust recorded September 23, 1971 as Document 71-3655 as said line is monumented; thence northerly along the East line of said Trust tract, 748.13 feet to a line drawn easterly parallel with said center line of Route 34 from the point of beginning; thence westerly along said parallel line, 650.59 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 9.437 acres. Exhibit "L-1 " Area 2 That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center line of U.S. Route 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet; thence southerly at right angles to said center line 428.53 feet; thence southeasterly along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 223.91 feet for a point of beginning, thence continuing southeasterly along the last described curve an arc distance of 272.83 feet; thence southeasterly along a reverse curve to the right having a radius of 400.0 feet, an arc distance of 553.90 feet to the center line of McHugh Road said point being the Northeast comer of Walnut Street Addition, Yorkville, Kendall County, Illinois; thence westerly along the northerly line of said Addition 718.61 feet to the Northwest comer thereof; thence southerly along the westerly line of said Addition 431.0 feet to the center line of Walnut Street; thence westerly along said center line 914.46 feet to the East line of Landmark Center, Yorkville, Kendall County, Illinois extended southerly; thence northerly along said extended East line and said East line 666. 19 feet; thence easterly at right angles to the last described course, 428.05 feet; thence northeasterly along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 251.33 feet; thence northeasterly 428.05 feet to the point of beginning (except that part thereof conveyed to the United City of the Village of Yorkville by Deeds recorded June 1, 1979 as Documents 79-2838 and 79-2839 and by Deed recorded June 6, 1982 as Document 82-2359) in the United City of Yorkville, Kendall County, Illinois and containing 17.653 acres. Exhibit "L-2" Area 3 Lots 1, 2, 3 and 4 in Landmark Center, Yorkville, Kendall County, Illinois and that part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian lying southerly of and adjoining said Lot 1 and easterly of the East line of Illinois State Route No. 47, westerly of the East line of said Lot 1 extended southerly and northerly of the center line of Walnut Street in the United City of Yorkville, Kendall County, Illinois and containing 4.588 acres. Exhibit "L-3 " Area 4 That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center line of U.S. Route No. 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet for a point of beginning; thence southerly at right angles to said center line 428.52 feet; thence southerly along a tangential curve to the left having a radius of 400.0 feet, an arc distance of 223.91; thence South 65 006'27" West, along a line which is radial to the last described curve at the last described point 531.82 feet; thence southwesterly along a tangential curve to the right having a radius of 400.0 feet, an arc distance of 251.33 feet; thence North 78 05333" West, 428.05 feet to the East line of Landmark Center, Yorkville, Kendall County, Illinois; thence northerly along said East line, 262.23 feet to the Northeast corner thereof; thence northerly along the East line of a tract of land conveyed to Kyle A. and Martha Pnce by a Warranty Deed recorded November 30, 1981 as Document No. 81-4458 and by a Warranty Deed recorded April 2, 1982 as Document No. 82-1128, a distance of 275.39 feet to the Northeast comer of said Price tract, thence northeasterly along a line which forms an angle of 104°31'09" with the last described course, measured counter-clockwise therefrom, 62.61 feet to a point which is 400.0 feet normally distant, southerly of the center line of U.S. Route No. 34 and on a line drawn perpendicular to said center line from a point which is 385.72 feet easterly of the intersection of the easterly right-of-way line of said Route 47 with tangent center line of said Route 34 extended from the East; thence northerly along said perpendicular line 340.0 feet to the South line of said Route 34; thence easterly along said South line to a line drawn parallel with and 25.0 feet westerly of the West line of Lot 1 of Aegean Isle Estates, Kendall County, Illinois Unit 1; thence southerly along said parallel line 348.89 feet to the southerly line of said Lot 1 extended from the East; thence easterly along said extended southerly line and said South line, 155.0 feet to the Southeast comer of said Lot 1; thence northerly along the East line of said Lot 1, a distance of 400.0 feet to the center line of Illinois State Route No. 34; thence eastery along said center line 310.21 feet to the point of beginning (except that part thereof conveyed to The People of the State of Illinois, Department of Transportation by Deed recorded July 29, 1974 as Document 743616) in the United City of Yorkville, Kendall County, Illinois and containing 18.923 acres. Exhibit " L-4" Area 5 That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center line of U.S. Route No. 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet for a point of beginning; thence southerly at right angles to said center line 200.34 feet; thence easterly parallel with said center line 650.59 feet to the East line of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated August 17, 1971 and known as Trust No. 1595, by a Deed in Trust recorded September 23, 1971 as Document 71-3655 as said line is monumented; thence northerly along the East line of said Trust tract 200.37 feet to said center line; thence westerly along said center line 654.02 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 3.000 acres. Exhibit " L-5" Sub-Area 6 That part of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the intersection of the center line of U.S. Route No. 34 with the East line of Lot 1, Aegean Isle Estates, Kendall County, Illinois, Unit 1; thence easterly along said center line 310.21 feet for a point of beginning; thence southerly at right angles to said center line 200.34 feet; thence easterly parallel with said center line 650.59 feet to the East line of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated August 17, 1971 and known as Trust No. 1595, by a Deed in Trust recorded September 23, 1971 as Document 71-3655 as said line is monumented; thence northerly along the East line of said Trust tract 200.37 feet to said center line; thence westerly along said center line 654.02 feet to the point of beginning (except the westerly 260.92 feet, as measured along said center line).in the United City of Yorkville, Kendall County, Illinois and containing 1.800 acres. Exhibit "L-67 STATE OF ILLINOIS ) 200100010178 Filed for Record in )ss. KENDALL COUNTY, ILLINOIS COUNTY OF KENDALL ) GAUL ANDERSON 06-11-2001 At 01:24 pm. ORDER 92.00 0 AMENDED CONSENT ORDER IN KENDALL COUNTY CASE #98 CH-19 (AMERICAN NATIONAL BANK and TRUST COMPANY of Chicago, not individually but as Trustee under a Trust Agreement dated July 16, 1991,and known as Trust No. 114224-091 and INLAND LAND APPRECIATION FUND II,L.P., a Delaware Limited Partnership vs THE UNITED CITY OF THE VILLAGE OF YORKVII.LE) Prepared by: Return to: Law Offices of Daniel J. Kramer Rathje, Woodward,Dyer&Burt 1107A S. Bridge Street 300 E. Roosevelt Yorkville, Illinois 60560 P.O. Box 786 630.553.9500 Wheaton, Illinois 60189 630.668.8500 EXHIBIT "C" S ' e L' IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT KENDALL COUNTY,ILLINOIS AMERICAN NATIONAL BANK and ) TRUST COMPANY of Chicago,not ) individually, but as Trustee under a Trust ) Agreement dated July 16, 1991, and known ) as Trust No. 114224-091 and INLAND ) LAND APPRECIATION FUND II, L.P., ) a Delaware Limited Partnership, ) Case No. 98 CH 19 Plaintiffs, ) FILED V. ) MAY 1 1 2001 THE UNITED CITY OF THE VILLAGE ) SHIRLEY R. LEE OF YORKVILLE, ) Circuit Clerk Kendall CO- Defendant. ) AMENDED CONSENT ORDER THIS MATTER coming before the Court on the Motion of Plaintiff,TDC Yorkville L.L.C. and the Defendant, The United City of the Village of Yorkville ("City")to amend a portion of the Consent Order entered April 7, 1999,the court,being fully advised of the premises, hereby orders as follows: A. -On April 7, 1999 Plaintiffs, American National Bank and Trust Company of Chicago, not individually, but as Trustee under a Trust Agreement dated July 16, 1991, and known as Trust No. 114224-091, Inland Land Appreciation fund II L.P. ("Trust")and the City of Yorkville("City"), agreed to the making of a consent order for the property legally described in Exhibit "H". TDC Yorkville L.L.C. has purchased a portion of the property from the Trust which is legally described in Exhibit "A" (Tucker Parcel"). B. The City conducted all required public hearings to amend the Consent Order for the Tucker Parcel. C. The City enacted an Ordinance approving an amendment to a portion of the Consent Order for the Tucker Parcel. 1 r r c t D. Section IVA of the April 7, 1999 Consent Order shall be deleted and replaced with the following for the Tucker Parcel: (The.Tucker Parcel will be referred to as the "Property"and TDC Yorkville L.L.C.and its successors and assigns shall be referred to as Developer) SECTION 1. The CITY in consideration of each party being bound by the terms, covenants, and conditions contained herein,upon execution of this Order does hereby approve this Consent Order on behalf of the CITY. SECTION 2. DEVELOPMENT OF THE PROPERTY. It is contemplated that the PROPERTY consisting of approximately 19.3 acres will be developed by DEVELOPER as to those portions of the PROPERTY either owned by DEVELOPER or hereafter acquired by DEVELOPER from OWNER. Regardless of whether DEVELOPER or a third party acquires or develops any specific portion of the PROPERTY, the development of the PROPERTY shall be carried out in general conformity with the development standards hereinafter set forth in this Order and the Combined Planned Unit Development Plans and Final Plans. To the extent of any conflict, ambiguity or inconsistency between the terms, provision or standards contained in this Order and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance,the Subdivision Control Ordinance, as hereinafter identified, or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances") the terms, provision and standards of this Order shall govern and control. These Development Ordinances shall be the Ordinances that govern this PROPERTY and as to the dates of this Order, and any amendment to the Development Ordinances shall not apply to the PROPERTY. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as_ to life safety issues.which are applied uniformly within the CITY said Ordinance shall apply for that purpose to the PROPERTY. All Development Ordinances in effect as of the date of this Order shall continue in effect insofar as they relate to the development of the PROPERTY, except as provided in this Order. These Development Ordinances shall be frozen from the date of this Order and any amendments to these Development Ordinances shall not apply to the PROPERTY except as stated for life safety issues. Fees and charges may be assessed against the PROPERTY provided any such fee or charge is or shall be collected by the CITY on a uniform basis from all-owners,users and developers of property within the CITY. The CITY shall not increase the amount of any fee or charge for building permit fees,occupancy permit fees,plan review fees,inspection fees,utility fees, 2 t application fees or use fees for the PROPERTY unless such increases are:(i)made generally applicable to all owners, users and developers of property within the CITY; and (ii) such increases are reasonably related to increased costs incurred by the CITY in providing the services for which such fee is assessed. All landscaping and final grading on individual lots shall be the sole responsibility of the person or entity seeking issuance of the building permit for such improvement or the person or entity (including DEVELOPER)who is owner of an individual lot on the date when such improvements are required to be installed, and DEVELOPER's responsibilities relating to such activity shall be deemed assigned to and accepted by said applicant or owner. All public sidewalks to be installed are identified on the Final Engineering Plan (Exhibit `B-4"). No other sidewalks shall be installed on the. PROPERTY by the DEVELOPER or shall be required by the CITY to be installed. Lots established on the PROPERTY are not required to front on a public street. Once commenced,public improvements which the DEVELOPER has received permits for and has begun to install shall be installed within three years after their commencement. The PROPERTY may be developed in phases by the DEVELOPER. There shall be no time limit to commence and complete private development on the PROPERTY. Other than the plans attached to this Order, the Plan Commission and City Council shall not review any further plans,including,but not limited to architectural elevations prior to DEVELOPER applying for any permits to construct any buildings on the PROPERTY. A. APPROVED P.U.D. PLANS. The following combined plans for the PROPERTY have been reviewed by the Yorkville Plan Commission and the City Council and are hereby approved by the CITY: (i) P.U.D. Plan(Exhibit`B-1") ("P.U.D. Plan"); (ii) Preliminary Landscape Plan (Exhibit"B-2"); (iii) Freestanding Signage Plan (Exhibit"B-3"); and (iv) Lot 1 through Lot 5 and off-site(for Landmark and Marketplace Drive,Basin B,and any other off-site utility work required)Final Engineering(Exhibit`B- 4") The P.U.D.Plan,Freestanding Signage Plan,Perimeter Landscape Plan and the Final Engineering are sometimes referred to collectively as the"Combined P.U.D.Plans". The Combined P.U.D. Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Order,in conflict with any aspect or element of the Combined P.U.D. Plans shall be deemed varied hereby so as to conform with and permit the development, use, maintenance and operation of the PROPERTY in substantial conformity with the Combined P.U.D.Plans. All references in this Order to a lot number(i.e.,Lot 1,Lot 2,etc.)shall mean the corresponding lot as identified on the Final Plat of Subdivision and P.U.D. Plan. 3 B. DEVELOPER has represented to the CITY and the CITY acknowledges that the lots identified on the Final Plat of Subdivision may be changed in the future. Any Final Plat of Subdivision("Final Plat")shall be in substantial conformance with the P.U.D. Plan if the Final Plat meets the bulk lot standards as provided in Section Two of the Order. Changing the location of the lot lines shall not be considered a change of the P.U.D. Plan or this Order so long as the Final Plat meets the bulk standards as provided in Section Two of this Order. There shall be a time limit of twenty (20) years between approval of the P.U.D. Plan and submission of the Final Plat for approval by the CITY. DEVELOPER shall have the right to subdivide and resubdivide the PROPERTY into lot configurations other than as shown on the P.U.D. Plan or Final Plat of Subdivision,so long as each such lot so platted complies with the requirements of the Yorkville Municipal Code, except as amended by or otherwise provided in this Order. A resubdivision of any approved final plat of subdivision shall not be considered a change to the final plat. C. APPROVED FINAL PLANS The following combined final plans for Lots 1 through 5 on the PROPERTY have been reviewed by the City and are hereby approved by the City: (i) Lot 1 through Lot 5 P.U.D. Site Plan(Exhibit"C-1") (ii Lot 1 through Lot 5 Final Landscape Plan(Exhibit 11C-2") (iii) P.U.D. Signage Plan and Jewel/Osco wall signage (Exhibit"C-3") (iv) Lot 1 through Lot 5 and off-site (for Landmark and Marketplace Drive, Basin B, and any other off-site utility work required) Final Engineering (Exhibit`B=4„). (v) Lot 1 through 9 Final Plat of Subdivision (Exhibit"C-5") (vi) Jewel/Osco and Shops building elevations (Exhibit"C-6") The Lot 1 through Lot 5 Site Plan,Landscape Plan, Signage Plan,Final Engineering, and the Lot 1 through 9 Final Plat of Subdivision are sometimes referred to collectively as the"Lot 1 through 5 Final Plans". The Lot 1 through 5 Final Plans are approved by the CITY in their entirety. No other plans are required to be reviewed or approved by the CITY as a condition precedent to DEVELOPER applying for and receiving grading, foundation, building and occupancy permits on Lots 1 through 5 including the expansion of the Jewel building shown on Exhibit "C-1", provided DEVELOPER complies with all requirements for obtaining such permits as provided in the City Codes, except as amended by this Order. The Lots 1 through 5 Final Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance,regulation,directive or procedure of the CITY exclusive of this Order, in conflict with any aspect or element of the Lots 1 through 5 Final Plans shall be deemed varied hereby so as to conform with and permit the development, use, maintenance and operation of the PROPERTY in substantial 4 conformity with the Lots 1 through 5 Final Plans. D. RESUBDIVISION Any lot may be resubdivided in conformance with the Plat Act from time to time into two or more lots after or concurrently with the initial final plat of subdivision for each such lot. In the event,however, following the approval and recordation of the initial. plat of subdivision of each Lot contained within the PROPERTY, DEVELOPER shall be entitled to resubdivide each such lot without further Plan Commission review provided the following conditions are met: (i) All resubdivided lots shall comply with the standards of this Order; (ii) Each resubdivided lot shall have access by way of fee title or easements in form reasonably acceptable to the CITY to: 1. A public street for ingress and egress; 2. Water mains; 3. Sanitary sewers; 4. Storm sewers; 5. Electric distribution facilities; and 6. Such other public utilities as may be necessary and appropriate for the use and occupancy of such subdivided lot. (iii) Utilities for which easements or ownership shall be necessary as set forth in (ii), above, shall be installed and accepted or collateralized in accordance with the Yorkville Municipal Code. (iv) Each subdivided lot shall have sufficient off-street parking located thereon as provided in the Yorkville Ordinance or have access to and use of off-street parking on other portions of the PROPERTY by way of easements as provided in Section 2H(ii). E. ARCHITECTURAL ELEMENTS Review by the City Staff of the Exterior Building Elevations for Lots 6-9 shall be limited solely to conformance of the Building Elevations with .BOCA Code requirements. The CITY represents that the Elevations for Lots 1-5 comply with BOCA Code requirements and are approved by the staff. Any changes to the elevations for Lots 1-5 prior to receipt of a building permit shall be reviewed and approved by staff if the revised elevations comply with BOCA code requirements. The CITY shall not have the authority to require DEVELOPER to make any other changes or modifications to the Exterior Building Elevations. 5 Any Building or Buildings constructed on any lot may be constructed in phases and a portion of the Building may be occupied if it meets all applicable ordinances for occupancy. DEVELOPERhas representedto the CITY and CITY acknowledges that the exterior of the Buildings constructed on the PROPERTY,other than the rear wall, shall be constructed of ornamental masonry units, such as face brick or split face, storefront aluminum and glass,or drive-it. The DEVELOPER has represented to the CITY and CITY acknowledges that the Buildings constructed on the PROPERTY may contain a flat roof. F. CONSTRUCTION OF BUILDINGS AND APPURTENANCES ON THE PROPERTY FOR LOTS 6-9. Provided a final plat of subdivision and final engineering plans and final plans have been approved by the CITY for Lots 6, 7, 8 or 9 within the PROPERTY, DEVELOPER, and their respective successors and assigns, shall have the right to construct buildings, parking lots, driveways, utility lines and other appropriate improvements within such lot, provided the same comply with the Yorkville Municipal Code,or otherwise provided in this Order. The parry seeking to construct such improvements upon such subdivided lot (Lot 6 through 9) shall first obtain a building permit, and such other required permits in compliance with the applicable provisions of the Yorkville Municipal Code. In addition to the normal building permit review documents required to be submitted by the applicant therefor, the applicant shall further submit to the City Staff. 1)a final site plan and final landscape plan for the development, showing the location of any buildings and parking areas and their setbacks,together with the interior lot landscaping for the development;and 2) sign plans identifying the location, size, and design of all signs to be utilized within such proposed development (collectively "Additional Plans or Materials"). Additional Plans and Materials shall be reviewed in the same manner as a building permit review, within the same time period as provided in Section 11 of the Order and shall not require additional review or action by the City Council, Plan Commission or other .elected or appointed board or commission of the CITY. DEVELOPER or applicant may submit the Additional Plans and Materials to the City Staff for review and approval prior to submitting the other plans and materials required for building permit review. If the DEVELOPER's building permit application is denied by the appropriate City Staff administrator within the time limit provided in Section 11 of this Order, then the DEVELOPER or CITY shall be entitled to pursue any and all legal and equitable relief. G. LAND USE FOR THE PROPERTY Except as otherwise provided in this Order, the development and use of the PROPERTY shall comply with the standards established under the "B-3" zoning classification as set forth in the Yorkville Municipal Code. If there is any conflict 6 t between the regulations of the Yorkville Municipal Code, as amended from time to time, this Order shall govern, as provided by Section 2 and 5 of this Order. (i) Uses. Those uses listed in Exhibit "D" attached hereto shall constitute permitted uses or special uses on the PROPERTY(individually a"Permitted Use" and collectively the "Permitted Uses"). Any uses not listed in Exhibit "D"shall be deemed special uses and shall require subsequent application by the applicable owner pursuant to provisions for special use under the Yorkville Municipal Code. The permitted uses and special uses listed in Exhibit"D"shall survive any amendments to the Yorkville Municipal Code. Any application for Special Use shall be processed in conformance with the Yorkville Municipal Code. (ii) Maximum Floor Area Ratio. None (iii) Minimum Lot Area. 5,000 square feet. (iv) Minimum Lot Width. None (v) Minimum Lot Depth. None (vi) Maximum Lot Coverage None (vii) Building Height. The maximum height of any building or structure shall be 35 feet to the top of the parapet wall, exclusive of the screened rooftop mechanical equipment and its aesthetic architectural features as measured from the average finished ground level at the perimeter of the building. If the Yorkville Kendall Fire Department acquires equipment that allows it to serve buildings up to forty feet(40') in height, the CITY shall permit a forty foot (40')in height restriction on the PROPERTY.Any flags and flagpoles erected on any zoning lot shall be limited in size so as to be compatible in relation to the size or the building or structure located on said zoning lot, but in any event the flagpole height shall not exceed thirty (30) feet. (viii) Setback and Yard Requirements. Building and Landscaping setback requirements from public street rights-of-way, roadway easements and adjacent land uses for each lot within the PROPERTY shall be as identified on the P.U.D. Plan attached as Exhibit "B-1". If IDOT requests DEVELOPER to convey property or condemns property for additional right- of-way, the required setbacks for the PROPERTY as shown on the P.U.D. Plan shall always be measured from the existing property line so that the PROPERTY shall continue to comply with this Order and shall not be considered non-conforming by the CITY. Setbacks not provided on the , 7 P.U.D. Plan shall be as follows: Yard Building Setback Parkins Setback Landscape setback Front 0 0 0 Rear 0 0 0 Side 0 0 0 In addition,if any additional property adjoining the PROPERTY is purchased by the DEVELOPER,the front,side and rear yards that do not adj oin a public street or other property owned by others for all lots owned by the DEVELOPER shall contain a building, parking and landscape setback of 0 feet. (ix) Number of Buildings. Each zoning lot may contain one principal building, together with any accessory uses. (x) Si na e. DEVELOPER, its grantees, successors and assigns, shall be permitted to construct,operate and maintain temporary and permanent signs upon the various portions of the PROPERTY owned or controlled by it pursuant to a written agreement or easement. Four ground signs,as depicted on Exhibit`B-3" and located adjacent to the PROPERTY and not owned by the DEVELOPER, as identified in the P.U.D. Plan, are approved, together with the wall signage for Lot 1. All other signage for the PROPERTY shall comply with the Yorkville sign ordinance, and each Lot shall be permitted one ground or pole sign in addition to the off-site ground signs approved in Exhibit"B-3". This provision does not apply to directional signage which each lot shall be permitted,in accordance with the Yorkville Sign Ordinance. DEVELOPER shall be permitted to provide internal and external lighting of any ground or pole signs. H. PARKING AND LOADING BERTH REQUIREMENTS Off-street parking and loading spaces shall be provided in accordance with the following: Except as expressly deviated in this Order,the off-street parking regulations shall be governed by the regulations provided in Section 10-11-1, 10-11-2 and 10-11-3 of the Yorkville Ordinance in effect at the time this Order is enacted. These parking provisions shall apply to the PROPERTY,notwithstanding any later amendments to this Section by the CITY. Parking spaces shall be a minimum of 9 feet by 18 feet. (i) Drive-thru: Any facility containing a drive thru drugstore shall contain 8 r stacking for a minimum of 2 cars per service window. (ii) Location of Parking: Parking for any use can be located either: 1) on the lot upon which the use is located; 2) on other lots of the PROPERTY with a properly recorded cross-access easement for parking between the two lots. (iii) Loading Berths: Off-street loading areas shall be provided at either the rear or side of the principal buildings for each lot or any adjoining lots,however, off-street loading docks shall not be required to be provided. The off-street loading areas on* Lots 1-5 and as depicted on Exhibit "C4' are hereby approved by the CITY. Receipt of distribution of materials or merchandise by US mail trucks,commercial express vehicles,United Parcel vehicles and the like shall be permitted at locations other than the required off-street loading locations. This loading berth provision shall be in lieu of any other loading requirements as provided in the Yorkville Municipal Code, as amended from time to time. I. PERIMETER LANDSCAPING AND BUFFERING (i) The PROPERTY and each lot contained therein. shall be landscaped in substantial compliance with the Preliminary Landscape Plan attached hereto as Exhibit `B-2". The Owner and/or Developer of each lot shall only be responsible for installing and maintaining that portion of the perimeter landscaping identified on the Perimeter Landscape Plan located upon such Owner's or Developer's lot. Prior to approving any Certificate of Occupancy, a Final Landscape Plan shall be submitted for approval by the CITY. The CITY shall approve the Final Landscape Plan if it is in substantial conformance with the approved Preliminary Landscape Plan. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions, within sixty(60)days following the commencement of the next successive planting season following issuance of such occupancy permit. (ii) Perimeter landscaping may be phased. However, said landscaping shall be installed on a lot by lot basis prior to the issuance of a final occupancy permit for each lot. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot,weather permitting, or,in the event of adverse weather conditions,within sixty (60) days following the commencement of the next successive planting season following issuance of such occupancy permit. The perimeter landscape standards set forth in this Order and in the Perimeter 9 Landscape Plan shall be the only perimeter landscape standards or ordinance applicable to the PROPERTY. J. INTERIOR LOT LANDSCAPING The interior lot landscaping plans to be submitted to the City Staff pursuant to Section 2F of this Order shall contain all of the information reasonably necessary to assess its compliance with this Section of the Order. Such plan shall be in substantially the same format as the Perimeter Landscaping Plan. (i) Interior Lot Landscaping?Criteria: Each area on the PROPERTY developed as a parking lot shall contain one landscape island at least 180 square feet for every 21 parking spaces. The parking lot islands shall be per the approved Final Engineering Plans (Exhibit `B-4") which is attached hereto and incorporated herein by reference. The landscape island shall contain one tree and any combination of the following: mulch, shrubs or ground cover. (ii) The interior landscape standards set forth in this Order shall be the only interior landscape standards or ordinance applicable to the PROPERTY. K. BUILDING AND PARKING ENVELOPE The P.U.D. Plan(Exhibit "B-1") identifies envelopes within which the building or buildings and parking lot on each lot within the PROPERTY may be constructed ("Building and Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable flexibility in design,configuration and location of the commercial buildings within the Building and Parking Envelope. The actual building footprint and parking lot location for each building constructed within the PROPERTY may be adjusted to meet the reasonable needs and requirements of the uses of such building provided such building footprint and parking lot location is located within the Building and Parking Envelope as identified on the P.U.D. Plan. L. EXTERIOR LIGHTING All exterior pole mounted lighting constructed on the PROPERTY shall not exceed a maximum height of 40 feet, measured from the pavement. Said lighting shall be white light, downcast, not to exceed an average of seven (7) footcandles. DEVELOPER may place accent lighting, at its sole discretion, to illuminate the building and any of the lot's entrances, so long as the light leaving the site does not exceed City Code. 10 SECTION 3. ROADWAYS, STREETS AND ACCESS. A. ACCESS LOCATIONS (i) The CITY hereby acknowledges that the access points exist and can be used for vehicular access as shown on the Final Engineering Plans(Exhibit`B-4"). (ii) On Lots 6 though 9, one (1) additional curb cut on both Landmark and Marketplace Drive shall be permitted,provided the curb cut is located at least one hundred fifty (15 0) feet from any intersection. (iii) The CITY shall use its best efforts with IDOT to obtain the access points to the PROPERTY shown on the Final Engineering Plans (Exhibit`B-4"). B. CITY COOPERATION As to those locations over which the CITY has jurisdiction,the CITY shall issue all necessary approvals and permits for curb cuts and access locations,pursuant to any application for a Final Plat of Subdivision. As to all other curb cuts and access locations,DEVELOPER or subsequent lot owner shall be responsible for obtaining all necessary approvals and permits from the governmental authority with jurisdiction thereover and the CITY shall fully cooperate with, and exercise its best efforts in support of, DEVELOPER or subsequent lot owner in obtaining said approvals and permits. CITY agrees to apply to IDOT for a permit for public signals(the total cost of installing the public signals to be paid by DEVELOPER), and Maintenance Agreements when requested by DEVELOPER. The CITY shall execute the Maintenance Agreements with IDOT and the CITY shall be responsible to pay for all costs associated with the Maintenance Agreement,including but not limited to the maintenance costs for both signals. C. SIDEWALKS DEVELOPER shall only be required to construct sidewalks as identified on the Final Engineering Plan (Exhibit "B-4"). SECTION 4. CHANGES TO THE PLANNED DEVELOPMENT. The PROPERTY shall be developed in substantial compliance with the Combined Planned Unit Development Plans and any final plans or plats approved by the CITY. Changes to the Planned Development hereby approved shall be evaluated and processed as follows: A. DEFINITIONS (i) Major Changes: Major changes shall include any changes to the Planned 11 Development which require an amendment of this Order,or any other change for which a public hearing is required by law or by the Yorkville Municipal Code, except as specifically provided herein. (ii) Minor Changes: Minor changes shall include any change not defined herein as a major change or a technical change. Minor changes shall include, but not be limited to, changes to the Combined P.U.D. Plans, Lots 1 through 5 Plans or approved Additional Plans and Materials that do not alter the intent of this Order. A substantial resubdivision of the entire PROPERTY of an approved Final Plat of Subdivision may be considered a minor change of the P.U.D. Plan and the Final Plat of Subdivision and require Plan Commission and City Council approval, but no public hearing. (iii) Technical Changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the City Engineering, Director of Public Works, Building Commissioner, Fire Chief, Director of Planning or Director of Economic Development as the case may be, to be: (i) in substantial compliance with the Combined P.U.D.Plans as approved by the City Council and; (ii) in compliance with the Yorkville Municipal Code, except as specifically varied or deviated as provided in Section 2 and 5 of this Order herein. Technical changes shall include,but not be limited to: 1)relocation of any road, sidewalk or easement; 2) alteration to any Storm Detention Facility. (iv) Items Not Considered Changes: The CITY acknowledges that any change of lot lines from the P.U.D. Plan to the Final Plat of Subdivision shall not be considered a change of the Order. B. PROCEDURES (i) Major changes may be approved by the City Council after public hearing and recommendation by the Yorkville Plan Commission pursuant to submittal and processing of a petition to amend the Special Use as a Planned Development and a petition for preliminary plan approval, as set forth in the Yorkville Municipal Code. Major changes shall only require approval by a majority of the City Council. (ii) Minor changes may be approved by the City Council without Yorkville Plan Commission review or public hearing. Minor changes shall only require approval by a majority of the City Council. (iii) Technical changes may be approved by the City Engineer,Director of Public Works, Building official, City Administrator, or other City personnel so 12 empowered by the City Council as the case may be. SECTION 5. DEVIATIONS. To the extent that any element of the Combined P.U.D. Plans, Lot 1 through S Final Plans, Additional Plans and Materials, final plans, final plats, or this Order, deviate from the standards of the Subdivision Regulations, Zoning Ordinance, Sign Ordinance, Landscape Ordinance or other ordinance of the CITY, or any amendments thereto, or any other City of Yorkville ordinances,appropriate deviations,exceptions or("Deviations")to the applicable ordinance shall be deemed to be granted hereby. These Deviations include, but are not limited to,the deviations identified in Exhibit "E". SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS. A. EASEMENT REQUIREMENTS All landscape, public utility, drainage, cross-access and related maintenance agreements, and stormwater detention easements to be granted to the CITY upon, under and across portions of the PROPERTY shall be established through the recordation,by the then owner or owners of the land affected,of an as-built easement plat,plotting the location of each easement granted based upon the actual location of the utility line,structure or basin as constructed. All such easements required for the PROPERTY shall be established as aforesaid prior to the issuance of the first occupancy permit within the PROPERTY. B. UTILITIES AND OFF-SITE ROADWAYS All utilities may be phased. Any lot to be developed shall provide minimum utilities acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed during further phases of development may enhance service of lots already developed and may require abandonment of previously installed utilities. The CITY acknowledges that all off-site improvements to all public roads ("Off-Site Roadways") adjacent to the PROPERTY, are identified on the Final Engineering Plans attached as Exhibit 11B-41'. The CITY shall not require DEVELOPER or its successor or assigns to construct or contribute any money for these Off-Site Roadways or any other public improvements not specifically required under this Ordinance, including the Plans attached to this Order. Additionally, the DEVELOPER shall not be required to conduct or pay for any traffic studies that have not already been conducted by DEVELOPER or are required from the DEVELOPER by IDOT. C. ABROGATION OF UNUSED EASEMENTS 13 If any easement granted to the CITY as part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on any of the approved plans or in this Order,the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER having responsibility therefor. Notwithstanding the foregoing, and as a condition precedent to any vacation of any easement, the responsible DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. To the extent any utility falls outside of any utility easement,said easement location shall be readjusted to provide for any new or existing utilities owned by the CITY. SECTION 7. OFF-SITE EASEMENTS AND CONSTRUCTION. CITY acknowledges and agrees that stormwater detention required as part of the development of the PROPERTY maybe located either on the PROPERTY or"off-site". The detention provided for the PROPERTY shall meet applicable City ordinances, but in no event shall the release rate for the PROPERTY exceed .15 CFS per acre. SECTION 8. SANITARY SEWER SERVICE. The CITY shall allow DEVELOPER's connection to the sanitary sewers as required by the City Engineer. The CITY represents and warrants to DEVELOPER that it owns, operates and maintains a sanitary sewers within its borders of the subject PROPERTY,which mains have at this time, sufficient capacity to accommodate the anticipated sanitary sewer requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with DEVELOPER in obtaining all necessary off-site easements and shall grant DEVELOPER access to all CITY-owned rights- of-way to enable DEVELOPER's provision of sanitary sewer service to the PROPERTY. DEVELOPER shall restore property affected by off-site extension of sanitary sewer lines to its condition existing prior to said construction.. SECTION 9. POTABLE WATER SERVICE. The CITY represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along a portion of the perimeter of the PROPERTY,which system and mains have,sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the PROPERTY to the extent the PROPERTY is developed in accordance with-the P.U.D. Plan. The CITY shall cooperate with DEVELOPER in obtaining all off-site easements necessary and shall grant DEVELOPER access to all CITY owned right-of-way to enable DEVELOPER's provision of potable water service to the PROPERTY. DEVELOPER shall restore property affected by off-site extension of water lines to its condition existing prior to said construction. 14 SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT. A) DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of a Final Plat of Sub_ division, to undertake preliminary grading work, filling and soil stockpiling, which plans shall be reasonably satisfactory to the City Engineer. B) DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install foundations and steel frames for buildings prior to its approval and recording of a Final Plat on the property only if applicable building permits have been applied for and issued by the CITY. C) DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install underground utilities, only after all necessary EPA and CITY permits for extension of municipal utilities have been granted in preparation for the development of the PROPERTY. D) Any such work undertaken by DEVELOPER shall be at the sole risk of the DEVELOPER and without injury to the property of surrounding property owners. No letter of credit, bond or other security shall be-required by DEVELOPER as a condition precedent to the commencement of such work. SECTION 11. BUILDING PERMITS. The CITY shall issue building permits for construction of improvements upon the PROPERTY within twenty(20)working days subsequent to receipt of application therefore. If the application is denied, the CITY shall provide a written statement within said period specifying the reasons for, denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The CITY shall review and provide written comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The CITY shall issue such building permits upon compliance with those requirements. DEVELOPER may apply for and the CITY shall issue building permits for portions of the PROPERTY after.approval but prior to recordation of a Final Plat for any such portion of the PROPERTY, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the PROPERTY. A gravel haul road outside the right-of-way reasonably deemed satisfactory to the Fire Department for emergency use must all be in place prior to issuance of said permits. Notwithstanding the foregoing, no occupancy permits shall be issued for such portions of the PROPERTY until the availability of such utilities to the structure in question is demonstrated, including a binder course of pavement on the street fronting the structure seeking an occupancy permit. 15 Prior to the DEVELOPER,its lessees or successors and assigns receiving a building permit, a recorded reciprocal easement agreement for stormwater maintenance must be provided to the CITY. SECTION 12. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings constructed within the PROPERTY within three (3) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability,due to adverse weather conditions, to install a final surface course on driveways, service walks, public sidewalks, stoops,landscaping(including parkway trees)and final grading,shall not delay the issuance of a temporary certificate of occupancy, which shall contain specific deadlines for completion of each of the items not completed. The CITY shall not issue a final occupancy permit unless the Final Plat of Subdivision for the PROPERTY is recorded. SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS. A. Approval of any payout reduction of the bond posted to secure certain improvements, as required by the Yorkville Subdivision Ordinance ("Reduction") shall not be withheld if the bonded improvements substantially conform to the Final Engineering Plan. Improvements requiring a bond shall be as per City Ordinances and Standard. City Bond Forms for Public Improvements a copy of which is attached hereto as Exhibit"F". If private improvements, grading or landscaping is not completed per plans, DEVELOPER shall post a bond or letter of.credit for 110% of estimated cost of completion or certificate of occupancy may be withheld as to affected areas of the PROPERTY by the CITY. The CITY shall,within sixty (60) days from the request for the Reduction and after receipt of the appropriate lien waivers from the DEVELOPER, either approve said Reduction, or shall notify DEVELOPER in writing of the reason or reasons for not approving said payout or Reduction. The reasons for denying the Reduction shall be limited to DEVELOPER not substantially conforming to the Final Engineering Plan or as listed on CITY standard bond form. Upon satisfying said reasons and notification by DEVELOPER to the City Engineer, the City Council may authorize the Reduction. Neither the CITY or the City Engineer shall require the DEVELOPER to install, construct or pay for any other improvements not included in the Final Engineering as approved by the CITY concurrent with the Final Plat approval. B. Within twenty(20)days following a DEVELOPER's request therefore,underground Public Improvements, and surface level structures appurtenant thereto, shall be inspected by the CITY and certificates of completion issued therefore by the CITY upon a finding of compliance with the final engineering plans pertaining thereto. The responsible DEVELOPER shall post, or cause the subcontractor constructing such Public Improvements to post a maintenance bond in the amount of ten percent(10%) 16 of the cost of constructing such Public Improvements as listed in the Standard City Bond Form attached hereto and incorporated herein as Exhibit"F",to guarantee the workmanship and materials of such Public Improvements for a period of twelve(12) months following the date of acceptance by the City Council. Upon the expiration of said twelve (12) month guarantee period, the CITY shall make a final inspection of such Public Improvements, and upon the correction by DEVELOPER of such defects or damage as may then exist effecting the same, the CITY shall accept conveyance of such underground Public Improvements from such DEVELOPER by bill of sale or such other conveyance device as may be approved by the City attorney. SECTION 14. LIQUOR CONTROL ORDINANCE AMENDMENTS. Upon written request of Jewel/Osco Food Stores, Inc., or their affiliate, or in the event Jewel/Osco Food Stores,Inc.is not developed as the anchor store and a similar grocery store user is substituted in its place,CITY agrees to issue a proper package liquor license pursuant to its Ordinance upon compliance with all terms of the City's Liquor Control Ordinance and State of Illinois Liquor Control regulations. SECTION 15. SPECIAL ASSESSMENTS AND TAXATION. Without the prior written consent of OWNER,the CITY shall not,within ten(10)years from the execution of this Order: A. levy against any real or personal property within the PROPERTY, any special assessment or special tax for the cost of any improvements in or for the benefit of the PROPERTY except as specified herein; or B. undertake.any local improvements in, on or for the benefit of the PROPERTY pursuant to the imposition of a special assessment or special tax against the PROPERTY, or any portion thereof; or C. levy or impose additional taxes on the PROPERTY, in the manner provided by law for the provision of special services to the PROPERTY or to an area in which the PROPERTY is located or for the payment of debt incurred in order to provide such special services. D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site of the PROPERTY maintenance of detention, perimeter landscaping, ponds, and common subdivision signage which is located on the PROPERTY only,not off-site signs, which shall only be activated in the event DEVELOPER or its assigns fail to maintain those elements of the subjectreal PROPERTY. DEVELOPER shall submit a written waiver and consent of the Back-Up Special Tax Service Area prior to issuance of the first certificate of occupancy on the subject premises. The Back-Up Special Tax Service Area shall not be levied upon by the CITY without providing a 17 ninety (90) day advance written notice to DEVELOPER or any active property owners' association allowing them an opportunity to cure any maintenance default weather permitting or labor or other force majeure that would delay performance being given consideration by the CITY. This ninety(90)day notice and opportunity to cure period shall also be tolled if the DEVELOPER has ordered material to cure the defects but is still awaiting delivery of that material. The levy sought may not exceed Twenty Five Cents($.25)per One Thousand Dollars and 00/100($1,000.00) of assessed value. Nothing in this Section 16 shall prevent the CITY from levying or imposing additional property taxes upon the PROPERTY in the manner provided by law, which are applicable to and apply equally to all other properties within the CITY. SECTION 16. COMMERCIAL DEVELOPMENT-INCENTIVE REIMBURSEMENT. A. CREATION OF ECONOMIC INCENTIVE AGREEMENTS The CITY acknowledges that an economic incentive agreement for the subject commercial property will provide incentives for development within the PROPERTY, which will provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its assigns,pursuant to 65 ILCS 5/8-11-20 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 DEVELOPER or as assigns in writing by DEVELOPER,pursuant to the terms provided in this Order(hereinafter referred to as"Incentives"). For purposes of this Order a"commercial generator" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the"Generator". CITY and DEVELOPER agree that a separate and binding Development/Economic Initiative Agreement shall be approved by the CITY simultaneously with the approval of the Order which shall contain the following terms and conditions: The CITY acknowledges that its agreement to execute the referenced Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into this Order. B. DEVELOPMENT INCENTIVE REIMBURSEMENT (a) Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100%of its Reimbursable Improvement costs(defined below)out of 50% of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY 18 shall include simple interest of five percent (5%) per annum on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first anchor store(which is defined as a store having 25,000 square feet or more) on the balance of any unpaid Reimbursable Improvements. For example, if the first anchor opens March 1, 2002, five percent(5%) interest will be added to the Reimbursable Improvements incurred by DEVELOPER as of March 1, 2002. Payments shall be first applied to interest than to Reimbursable Improvements. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest fora period of eighteen (18) years commencing with one (1) year from the date of execution of the Planned Unit Development Agreement and the Development/Economic Initiative Agreement by the CITY. In the event DEVELOPER 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 DEVELOPER 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. Design, engineering, and construction costs of the following: Roadway,Utility and Parkway Improvements to Landmark Avenue, ,including the reconstruction of existing Landmark Avenue, Marketplace Drive,any road improvements on Rt. 34 and Rt.47,any signalization on Marketplace Drive and Rt.34,Landmark and Rt.47, and all work related thereto, including but not limited to, interconnection and street lighting. DEVELOPER shall further install at its cost and be reimbursed for the section of Marketplace Drive extended to the southeast from Landmark Drive to intersect with McHugh Road. The extension of Marketplace Drive to McHugh Road shall be in accordance with the specifications attached as Exhibit"G". 2. All off-site improvements including, but not limited to public utilities, water,water drains, sanitary sewers, storm sewers, and off- site landscaping. 3. Landscaping improvements in the parkway on Marketplace and Landmark and existing Landmark. 4. Payment of recapture to St.Patrick's on the acreage contained in Lots 1-5 of the Final Plat of Phase I of Yorkville Market Place. 19 5. The CITY shall distribute the sales tax revenue generated by any Generator as follows: 50%to the DEVELOPER, or as directed by the DEVELOPER; 50%to the CITY; (b) 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. (c) Payment Obligation. The CITY hereby agrees to pay DEVELOPER 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 DEVELOPER as set out in this Order. 1. The "quarterly installment payment" shall mean an amount equal to one-half(%2) 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 DEVELOPER will be due and payable solely from one-half(1/z) of the sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. 2. 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 DEVELOPER 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. (d) Verification of Costs. Following construction of the Reimbursable Improvements, Developer shall provide the City with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. (e) Tolling of Term. The term of eighteen(18)years shall be tolled or extended 20 D for up to two (2) years for any delay in issuance of CITY building or occupancy permits due to the lack of availability of sanitary sewer or municipal water supply to the PROPERTY. (f) Sources of Funds to Pay Reimbursable Development Project Costs. 1. 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. 2. In order to comply with the terms of this Order, DEVELOPER 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 DEVELOPER 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 DEVELOPER. C. ASSIGNABILITY It is expressly agreed and understood by the parties to this Order that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11-20 are assignable at the option of the DEVELOPER. Upon such written assignment by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the Development Agreements, this Order and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER D. REIMBURSEMENT PROCEDURES (i) Sales Tax Reports. Developer 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 the Development/Economic Incentive Agreement between Tucker and the City. The City agrees to take the necessary action to initiate the transaction. Should the DOR cease to release 21 the sales tax information to the City on a quarterly basis, Developer 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 Order. 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,Developer 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 the Development/Economic Incentive Agreement between Tucker and the City. 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 Developer and/or Developer'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 Developer or Generators or obtained from Developers' or Generators' records in connection with the Development/Economic Incentive 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 the Development/Economic Incentive 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 the Development/Economic Incentive Agreement shall survive any expiration, termination or cancellation of this Order 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. 22 E. AUDIT Each payment by the City to Developer 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 Developer. Developer shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. Developer 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 Developer. F. DEFAULT/RIGHT 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(3 0)days period,then such Parry 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 parry may: (i) terminate the Development/Economic Incentive 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 the Development/Economic Incentive Agreement, .and, in addition, recover all damages incurred by the non-defaulting parry;(the parties declare it to be their intent that the Development/Economic Incentive 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. G. NO OBLIGATION TO DEVELOP, OPEN OR OPERATE Nothing contained in this Order shall be deemed to obligate Developer,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. SECTION 17. RECAPTURE AGREEMENTS. The CITY represents and warrants to DEVELOPER that besides the St. Patrick's Church 23 Recapture Agreement for sewer and water extension there are no recapture fees that are or shall become due and payable by the OWNER or DEVELOPER as a result of connection to any utility or road improvements serving the PROPERTY. SECTION 18. COMPLIANCE WITH STATE STATUTES. In the event that any one or more provisions of this Order do not comply with any one or more provisions of the Illinois Compiled Statutes or the governing.rules of the Water Pollution Control board or the Federal or State Environmental Protection Agencies,then the CITY,OWNER,and DEVELOPER,and all of their respective successors and assigns,agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 19. PLATTING OF LANDSCAPE BUFFERS. All landscape buffers required under this Order may,in the sole discretion of the responsible DEVELOPER, be included within and platted as part of the applicable lot. In such event, the owner of such lot within which the landscape buffer is located, shall maintain, at such owner's expense, the landscape material contained therein following the responsible DEVELOPER's construction and completion of such landscape buffer. SECTION 20. CONVEYANCES. Nothing contained in this Order shall be construed to restrict or limit the right of the OWNER and/or DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. SECTION 21. CONFLICT IN REGULATIONS AND ORDINANCES. The provisions of this Order and Ordinance approving this Order shall supersede the provisions of any ordinance, code,or regulation of the CITY which may be in conflict with the provisions of hereof. SECTION 22. AMENDMENT TO THIS ORDINANCE. This Order shall not be amended by the CITY without the prior written consent of the DEVELOPER. SECTION 23. BINDING EFFECT, SUCCESSION IN INTEREST, This Order and the Ordinance approving it shall constitute a covenant running with the land and be binding upon and inure to the benefit of the parties hereto,their successors in interest, assignees,lessees,and upon any successor municipal authorities of the CITY and successor municipalities. Except as otherwise expressly provided herein, upon the conveyance or 24 assignment by OWNER and/or a DEVELOPER of its interest in the PROPERTY to any successor,assign,or nominee,OWNER and/or such DEVELOPER,as the case may be,shall be released from any and all further liability or responsibility under this Order except to the extent previously undertaken by DEVELOPER, or for which DEVELOPER has posted security to perform an obligation in which case DEVELOPER shall be bound to continue to complete its performance unless a replacement bond or letter of credit is posted by the new OWNER or DEVELOPER, and accepted by the CITY which shall not be unreasonably withheld. In such event the original DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign, or nominee of OWNER and/or such DEVELOPER as the case may be, concerning the performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken. SECTION 24. INCORPORATION OF EXHIBITS. All exhibits attached to this Order are hereby incorporated herein and made a part of the substance hereof. SECTION 25. REMAINING PROVISIONS OF APRIL 7. 1999 CONSENT ORDER All other Sections of the April 7, 1999 Consent Order shall remain in full force and effect. Approved and Agreed to this 1r Entered this L day of day of 2001. ,2001. _ THOMAS E. HOGAN Judge Fo e City For the Plaintiffs 25 SCHEDULE OF EXHIBITS A Legal Description of Tucker Parcel B-1 P.U.D. Plan B-2 Preliminary Landscape Plan B-3 Freestanding Signage Plan B-4 Lot 1 through Lot 5 and Off-Site Final Engineering C-1 Lot 1 through Lot 5 P.U.D. Site Plan C-2 Lot 1 through Lot 5 Final Landscape Plan C-3 P.U.D. Signage Plan and Jewel/Osco Wall Signage C-4 Same as Exhibit "B-4" C-5 Lot 1 through Lot 9 Final Plat of Subdivision C-6 Jewel/Osco and Shops Building Elevations D Permitted and Special Use List . E Deviations List F Standard City Bond Form G Market Place Extended and Existing Landmark Improvements H Legal Description of Property Purchased from Trust LEGAL DESCRIPTION - SOUTH PORTION OF LOT 8 TOWNSHIP LOT 8 IN YORKVILLE MARKETPLACE,T OF HE THIRD PRINCIPAL MERIDIAN,DIOANSACCORD NG TO THE 37 NORTH, RANGE 7 E PLAT THEREOF RECORDED MARCH 7, 2002 AS DOCUMENT 200200005924, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8;THENCE SOUTA 82 DEGREES 49 MINUTES 12 SEC ES ONDS EAST ALONG THE NORTH A POINT ON THE WE OF 240.21 FEET TO ST LINE PRO THENCE SOUTH 37 DEGREES 49 STATE OF ILLINOIS PER DOCUMENT 20020000110202 7; MINUTES 12 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 49.50 FEET TO A POINT ON THE WEST RIGHT OF WAY 7ADEGREES 110 MINUTES 48 SECONDS PER ARKETPLACE DRIVE AS DEDICATE DOCUMENT 200100009116;THENCE S OUTH 0 WEST ALONG SAID WEST RIGHT OF WAY SECONDS WEST,A DISTANCE OF 275.21T NORTH 82 DEGREES 49 MINUTES 12 FEET TO THE WEST LINE OF SAID LOT 8;THE �3.0 EFEET TO THE PO NT OF FRONDS EAST ALONG SAID WEST LINE,A DISTANCE OF 1 BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXHIBIT "D" T / LOT 9 LEGAL LOT 9 IN YORKVILLE MARKETPLACE, BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 7,2002, PER DOCUMENT NO. 200200005924, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. STATE OF ILLINOIS ) )SS. COUNTY OF KENDALL ) AMENDMENT TO PLANNED UNIT DEVELOPMENT BETWEEN UNITED CITY OF YORKVILLE AND TDC YORKVILLE SHOPPING CENTER II,LLC THIS AMENDMENT to the Planned Unit Development is made and entered into this day of ,2007,by and between THE UNITED CITY OF YORKVILLE,an Illinois Municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "CITY", and TDC YORKVILLE SHOPPING CENTER II,LLC,hereinafter referred to as"DEVELOPER,"upon the following terms and conditions: WITNESSETH WHEREAS, the Developer holds legal title to the real property which is currently located within the municipal boundaries of the CITY and described in Exhibit"A"("PROPERTY")which is attached hereto and made a part hereof; and WHEREAS, the DEVELOPER is desirous of amending certain provisions of the Planned Unit Development Agreement dated March 30, 2001, as well as abrogating a building and landscaping line on Lot 9; and WHEREAS, the DEVELOPER of the Property described in Exhibit"A"has requested the CITY to approve this Amendment to the Planned Unit Development Agreement for the Property; and its Plan Commission has considered the Petition and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of the Developer; and WHEREAS,all parties to this Amended Agreement are desirous of setting forth certain terms and conditions upon which the Property heretofore described in Exhibit "A" will be developed within the City in an orderly manner. EXHIBIT "E" WHEREAS,OWNER and their representatives have discussed the proposed amendment to Planned Unit Development Agreement and the development of all the PROPERTY 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 Amended Planned Unit Development Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the Plan Commission and City Council of the United City of Yorkville have further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested Amended Planned Unit Development, Special Use meets the following standards: (I) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. (ii) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminished and impair property values within the neighborhood. (iii) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (iv) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. (v) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. (vi) The special use shall in all other respects conform to the applicable regulations of the district in which it is located. (vii) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. (viii) The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. (ix) That all minimum requirements pertaining to commercial uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically 2 varied herein granting and establishing a planned development use. 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 5111-15 through 65 ILCS 13.1-1.1, as amended, as follows: SECTION 1. The CITY inconsideration of each party being bound by the terms,covenants,and conditions contained herein, upon execution of this Agreement and accompanying Ordinance approving the Amended Planned Unit Development Agreement does hereby approve this Amended Agreement on behalf of the CITY. SECTION 2. All references in the March 30, 2001 PUD Agreement to Exhibit B-1, C-1 and C-2 shall be replaced by new exhibits B-1, C-1 and C-2 as attached hereto in Exhibit`B." The City hereby approves the Plat of Abrogation of the building and landscape line on Lot 9 as attached as Exhibit C SECTION 3. The City hereby approves the following additional deviations. The landscape,parking and building side yard setback on Lot 9 is reduced to 20 feet and the landscape setback adjacent to Marketplace Drive is reduced to 20 feet. Additionally,the landscape buffer along Marketplace Drive as required on Page 3,Number 2 (Landscape Ordinance) is reduced to 20 feet. Exhibit`B" of the March 30, 2001 PUD Agreement is hereby amended to reflect these additional deviations. SECTION 4. The parties hereto agree that the terms and provisions of the PUD Agreement dated March March 30, 2001, are hereby reaffirmed and remain unchanged except as amended herein. 3 Fr LEGAL DESCRIPTION - SOUTH PORTION OF LOT 8 SUBDIVISION OF SECTION 28, LOT 8 IN YORKVILLE MARKETPLACE, BEING A 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO TOWNSHIP PLAT THEREOF RECORDED MARCH 7, 2002 AS DOCUMENT 200200005924, EXCEPT THAT PORTION DESCRIBED AS FOLLOW BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST NE NORTH LINE OF SAID ONOVEYEDDTO THECE OF 240.21 FEET TO A POINT ON THE WEST L STATE OF ILLINOIS PER DOCUMENT 2002000011027;THENCE ED STANCE SOUTH DEGREES FEET 49 A MINUTES 12 SECONDS EAST ALONG SAID WEST LINE, DRIVE AS POINT ON THE WEST RIGHT OF WA DOCUMENT 200100009116;THENCE SOUTHOO7NDEGREES 110 MINUTES 48 SECOANDS PER WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE SOAF 138OF 27FEET;1TFE HENCE NORTH 82 DEGREES 49 MINUTES 12 SECONDS WEST,ADTO THE WEST LINE OF SAID LOT 8;THENCE EFEET TO THE PO NT OF SECONDS EAST ALONG SAID WEST LINE,A DISTANCE OF 173.0 BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXHIBIT "A" v 3 e:vw LOT 9 LEGAL LOT 9 IN YORKVILLE MARKETPLACE, BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 7,2002, PER DOCUMENT NO. 200200005924, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. D CO. Reviewed By: Agenda Item Number 0 Legal ❑ > ' ; ,sss EST _ Finance ❑ y Engineer ❑ Tracking Number -4 City Admuustrator ❑ g c , x O Consultant ❑ Human Resources ❑ �� CE % City Council Agenda Item Summary Memo Title: Yorkville Marketplace—Economic Incentive Agreement Amendment City Council/COW Agenda Date: February 20,2007 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: AMENDMENT TO DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT This Amendment is made and entered into as of the_day of ,200_by and between The United City of Yorkville, an Illinois corporation located in Kendall County (the"City") and TDC Yorkville Shopping Center I,LLC,a Delaware limited liability company and TDC Yorkville Shopping Center II,a Delaware limited liability company (collectively the"Developer"). RECITALS A. The City and TDC Yorkville,L.L.C., a Delaware limited liability company Developer's predecessor in interest,entered into a Development/Economic Initiative Agreement dated March 30,2001 ("Agreement"). B. The Developer undertook the Development Project described in the Agreement and the City has pledged Sales Tax Revenues to repay the Developer's Reimbursable Improvements. C. The Developer is contemplating further development at the Development Project and requires the City to pledge Sales Tax Revenues to repay the Developer for additional costs("Additional Reimbursable Improvements")to be incurred by the construction of additional improvements. D. The Developer and the City desire to extend the term of repayment for the Additional Reimbursable Improvements. 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 Developer to undertake further development; in consideration of the Developer's agreement to undertake the Development Project and the City's agreement to reimburse the Developer for the costs of causing the construction of certain improvements; and in consideration of the mutual promises,covenants, stipulations and agreements herein contained in this Agreement,the Developer and the City hereby agree as follows: I. Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. 2. Capitalized Terms. Capitalized terms not defined herein, shall have the same meanings as in the Agreement. Amend Dev/Econ Init Agree 1 3. Development Incentive Reimbursement. A. The initial paragraph of Paragraph 3. A. of the Agreement is hereby deleted in its entirety and the following is inserted in its place: "A. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100%of its Reimbursable Improvement and Additional Reimbursable Improvements costs(defined below) out of 50%of sales tax generated by any "Generator"on the Property or any additional property purchased by DEVELOPER,as evidenced by paid lien waivers and sworn contractor affidavits submitted to the CITY. The CITY shall include simple interest of five percent(5%)per annum on the Reimbursable Improvement and Additional Reimbursable Improvement calculation for the balance of Reimbursable Improvements and Additional Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first anchor store(which is defined as a store having 25,000 square feet or more)on the balance of any unpaid Reimbursable Improvements and Additional Reimbursable Improvements. For example, if the first anchor opens March 1,2002, five percent(5%)interest will be added to the Reimbursable Improvements incurred by DEVELOPER as of March 1, 2002. Payments shall be first applied to interest, then to Reimbursable Improvements and Additional Reimbursable Improvements. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement and Additional Reimbursable Improvements calculation plus interest for a period of eighteen(18)years commencing April 1, 2002 and expiring March 31, 2020. In addition,DEVELOPER shall continue to be entitled to recover up to the total amount of the Additional Reimbursable Improvements calculation plus interest for an additional five(5)years expiring.March 31, 2025. In the event DEVELOPER recovers its full Reimbursable Improvements and Additional Reimbursable Improvements plus interest prior to the applicable expiration time, the right to recovery shall terminate earlier than the previously stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements and Additional Reimbursable Improvements calculation and interest upon the applicable 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:" 4. Additional Reimbursable Improvements. Additional Reimbursable Improvements include the following,the cost of which shall not to exceed$515,000: (i) Design, engineering and installation of the traffic signal for the intersection located at Route 34 and Marketplace Drive. Signalization was a potential Reimbursable Improvement described in Paragraph 3 A of the Agreement but was not completed,nor was the cost of such item included in the Reimbursable Improvements. Amend Dev/Econ Init Agree 2 (ii) Cost of installation of signal interconnect cable at the intersection of Route 47 and Marketplace Drive. (iii) Design, engineering and construction costs to relocate the existing water main currently under the detention pond. 5. Payment Obligation. (a) Paragraph 3.C. of the Agreement is hereby amended by adding"and Additional Reimbursable Improvements"to the end of the 4th line after"Reimbursable Improvements". (b) All payments pursuant to the Agreement shall continue to be payable to Tucker Development Corporation. 6. Verification of Costs. Paragraph 3.D. of the Agreement is hereby amended by adding"and Additional Reimbursable Improvements"to the 2nd line after"Improvements". 7. Tolling of Term. Paragraph 3.E. of the Agreement is hereby amended deleting"eighteen(18) years"from the 1St line and inserting the following in its place: "twenty-three(23) years'1• 8. Notices. Paragraph 9. D. of the Agreement is hereby amended by deleting the notice provision for Developer and inserting the following in its place: "To Developer: TDC Yorkville Shopping Center I,LLC TDC Yorkville Shopping Center II,LLC c/o Tucker Development Corporation 799 Central Avenue, Suite 300 Highland Park,Illinois 60035 Attention: Richard H.Tucker,President 9. 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 members of Developer to execute this Agreement on their behalf. Amend Dev/Econ Init Agree 3 IN WITNESS WHEREOF,this Agreement is entered into as of the date and year shown above. UNITED CITY OF YORKVILLE, TDC YORKVILLE SHOPPING CENTER I, LLC, an Illinois Municipal Corporation a Delaware limited liability company By: By: TDC Yorkville Select LLC, an Illinois limited liability company Its: By: Tucker Development Corporation Attest: By: Date: Richard H. Tucker, President Date: TDC YORKVILLE SHOPPING CENTER II LLC, a Delaware limited liability company By: TDC Yorkville Select LLC, an Illinois limited liability company By: Tucker Development Corporation By: Richard H. Tucker, President Date: Amend Dev/Econ Init Agree 4 � CO. Reviewed By: Agenda Item Number A 0 Legal ❑ EST. - 1936 Finance ❑ _ Engineer ■ O City Administrator El Tracking Number ;5 �� O Consultant ■ PC 2006-92 &93 LE ��' Human Resources ❑ City Council Agenda Item Summary Memo Title: Rush-Copley—PUD Agreement,Concept PUD and Preliminary PUD City Council/COW Agenda Date: February 20,2007 Synopsis: Council Action Previously Taken: Date of Action: February 13,2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report dated February 14,2007 Dir o United City of Yorkville Memo 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 x.«.w crony `2 <kE Date: February 14, 2007 To: EDC/COW From: Travis Miller,Community Development Director CC: Lisa Pickering,Deputy Clerk Subject: Rush-Copley Yorkville Health Care—PUD Agreement,Concept PUD and Preliminary PUD Concept PUD - Consists of 41 acre parcel identified as Parcel 1 on the submitted Zoning Exhibit - The Comprehensive Plan recommends Commercial Land Use for this property—the uses proposed by the Concept PUD are consistent with this recommendation - The Comprehensive Plan proposes a road(north-south) across this property. The proposed Concept PUD includes this alignment(Beecher Road)and extends the Beecher segment currently being constructed as part of Kendall Marketplace south of Route 34 and also allows alternative access to the County property to the east. PUD Agreement and Preliminary PUD Plan Agreement should include a fee schedule exhibit including the Commercial/Non- residential Fee Ordinance rates. Refer to the following staff reports: - January 3, 2007 Preliminary Plan Review prepared by EEI - January 3,2007 Preliminary Landscape Review(Phase I)prepared by Laura Haake - January 3,2007 Zoning and Preliminary PUD review prepared by Rebecca Houseman 52 Wheeler Road • Sugar Grove, IL 60554 TEL:63014669350 FAX:63014668380 www.eelwob.com Engineering Enterprises, Ina. January 3, 2007 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Rush-Copley Healthcare Center Preliminary Engineering Review 02 United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced plan submittal: • Preliminary Engineering Plans for Rush-Copley Healthcare Center prepared by CEMCON, Ltd. consisting of six (6) sheets with revision date of December 15, 2006. • Preliminary Site Infrastructure Design Report prepared by CEMCON, Ltd. dated December 15, 2006. • Preliminary Stormwater Management Analysis and Report prepared By CEMCON, Ltd. and dated December 15, 2006 • Preliminary Architectural Site Plans and Building Elevations prepared by Anderson Mikos Architects Ltd. dated December 20, 2006. • Phase 2 Preliminary Architectural Site Plans prepared by Anderson Mikos Architects Ltd. dated December 20, 2006. • Traffic Impact Study for Rush-Copley Healthcare Center — Yorkville, Illinois prepared by CEMCON, Ltd. dated October 31, 2006. • Response Letter prepared by CEMCON, Ltd. dated December 20, 2006. Consulting Engineers Specializing In Civil Engineering and Land Surveying • Response Letter prepared by CEMCON, Ltd. dated December 21, 2006. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. r Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. GENERAL 1. All other comments from our December 5, 2006 review letter have been adequately addressed. STORMWATER MANAGEMENT 2. The Preliminary Stormwater Management Analysis and Report are in general conformance with the criteria set forth in the Yorkville Stormwater Ordinance. But overall approval of the design is dependant on the agreed outlet method. a. If the discharge is to be conveyed to Blackberry Creek through a new city storm sewer, or conveyed to Blackberry Creek via the drain tiles located just south of the previously proposed level spreader, the current storm water management report is appropriate. b. If the discharge is to be dependent upon the drain tile from the previous comment, a dry well or infiltration/filtration method should be placed just prior to the connection into the tile, in order to prevent debris from clogging the tile. c. If neither of these options are viable solutions, the site should be modeled with a zero release rate and applicable infiltration BMPs implemented. PRELIMINARY PLAT 3. "Outlot 1"should be renumbered to"Lot 3". 4. At the intersection of Rt. 30 and Beecher Road, the State right-of-way should be differentiated from the City right-of-way. We recommend approval of the preliminary engineering and preliminary plat subject to the resolution of the stormwater discharge solution and minor corrections to the plat. If you have any questions regarding the items listed or if you require additional information, please feel free to contact our office. G:\Public\Yorkville\20051YO0528 Rush-Copley(Conover-Fisher Property)\docsUwywrot0S.doc Sincerely, ENGINEERING ENTERPRISES, INC. r � William E. Dunn, P.E. Senior Project Manager C' Mark G. Sch er, P.L.S. Project Manager pc: Bart Olson, Assistant City Administrator Mr. Travis Miller, Community Development Director Charley Wunder, Urban Planner Susan Bach, Administrative Assistant Kevin Serafin, Cemcon, Ltd. Jason Xi, Cemcon, Ltd. JWF, EEI GAPublic%Yorkvi11e=5%Y00528 Rush-Copley(Conover-Fisher Property)%docsNwywrot05.doc 0 CIP o United City of Yorkville Memo 800 Game Farm Road EST .,__.. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 .p �© McW.N I"aay ` <LE Date: January 3,2007 To: Travis Miller From: Laura Haake CC: Rebecca Houseman,Charlie Wunder Subject: Rush-Copley Yorkville Health Care Landscape Plan Review for Phase I I have reviewed the landscape plan and notes for Phase I(Job No. 06610.00)dated October 6, 2006 with revisions dated October 18,2006,as part of the Phase I plans dated December 20, 2006,by Anderson Mikos Architects,Ltd. and have prepared the following comments: General Comments: 1) Label square footage of the building. 2) Show Route 34 and future Beecher Road right-of-way lines. 3) Show parking lot lighting,street lighting,fire hydrants,and all other freestanding structures on the landscape plan.Trees shall be a minimum of 20' from any freestanding structures. 4) Site topography shall be shown on plans.Indicate N.W.L. and H.W.L. on detention basins. 5) On sheet L-1.0,General Notes,#2.If substitutions are necessary,all requests must additionally be submitted to the City for approval. Species must be on the approved plant list. 6) The median on Beecher Road shall contain landscaping in the areas with appropriate widths. 7) Beecher Road requires 1 tree per 50 LF for parkway trees. Plant species: 8) Autumn Blaze Maple(Acer x freemanii)is not acceptable plant species.Please replace with shade tree on approved list. 9) Staff recommends that Pinus nigra(Austrian Pine)not be used as part of the landscape plan. Species is highly susceptible to borers and will not survive long. In addition,currently 50%of the proposed pine species on the site are Pinus nigra.This shall be reduced to no more than 33%of the species. Suggested species for replacement;Picea pungens var.glauca(Colorado Blue Spruce), Picea abies(Norway Spruce),Pinus strobus(White Pine)or Pseudotsuga menziesii(Douglas Fir). 10) Gingko biloba must be specified as male species only. Planting specifications: 11)The detention pond must be constructed per the Park Development Standards, which includes submitting the seed mix,quantities,and maintenance and management plan.This includes the pond grass and detention area seeding. 12)Washed stone shall be replaced with aquatic plantings,as specified for detention shorelines(Park Development Standards,3.6.2.7.) 13) Parkway trees are required for Beecher Road,one tree per 50 lineal feet. 14) One tree per 20 parking spaces is required in the interior of the lot.Add these trees to the small lot to the west of the medical office building. Buffer yards: 15)The perimeter buffer yard adjacent to residential shall be a width of 30' with an architectural masonry wall or a landscaped berm of 3' (three feet.)Adjust the buffer yard on the west side of the property. 16) The perimeter buffer yard for the parking lot shall include 2 shade and fifteen shrubs per 100 LF.This must be changed on the south end of the property near the parking lot. 17)The parking lot next to the public R.O.W. (Beecher Road)shall be a width of 30' and 1 shade tree, 1 evergreen tree,and 33 shrubs shall be planted per 100 lineal feet. Trail: 18)The asphalt path shall be placed on the west side in lieu of sidewalk along Beecher Road. 19)The asphalt path shall be placed on the south side of Route 34 in lieu of sidewalk. PUD Agreement: 20) Section 9,Landscape and Design. Remove the last sentence"The City agrees to approve Final Landscape Plans that substantially conform to the Preliminary Landscape Plan"or change to read as follows:"The City agrees to approve Final Landscape Plans that meet the requirements of the Landscape Ordinance."The preliminary landscape plans have not been corrected to meet City standards and if the final landscape plan conforms to the preliminary plan it will not be approved. 21) Section 9,#2,reads"For the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25'wide buffer area adjacent to the property line in lieu of a City required 30'buffer area."This width adjustment is acceptable upon the addition of a 3'berm or masonry wall and additional understory landscaping (shrubs or evergreens.) The landscape plan will not be approved until all above comments are addressed and plans are re- submitted. ED CjT o United City of Yorkville Memo 4 lgp-, '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone:n • 630-553-4350 Fax: 630-553-7575 CE Date: January 3,2007 To: Travis Miller From: Rebecca Houseman CC: William Dettmer, CBO; Anna B. Kurtzman, AICP; Kurt Van Dahm; Joe Wywrot, PE; Laura Haake; Susan Bach; Pete Pluskwa,Cemcon Subject: Zoning Review of the Aerial Exhibit Dated October 12, 2006, the Preliminary Engineering Plan Dated November 1, 2006 and Revised December 15, 2006, the Preliminary Plat of Subdivision Dated November 1, 2006 and Revised December 15, 2006, the Preliminary PUD Dated November 1, 2006 and Revised December 15, 2006, the Zoning Exhibit Dated October 20, 2006 and Revised December 13, 2006, the Preliminary Master Landscape Plan Dated October 23, 2006 and Revised December 20, 2006, and the Proposed Planned Unit Development Agreement(not dated) for the Rush-Copley Healthcare Center Zoning staff has reviewed the documents above for compliance with the City of Yorkville's zoning, landscape, and sign codes. Staff found the following issues must be addressed before the plans may be approved. All Documents 1. Fox Hill Unit 6 is a PUD(B-3 PUD). All documents must reflect this. 2. Blackberry Woods (southeast of the subject property) is also a PUD (R2-PUD). All documents must reflect this. Preliminary Engineering Plan 3. The zoning of Fox Hill Unit 5 is incorrect on the plan and must be changed to reflect the accurate zoning(R-3 PUD). Preliminary Plat of Subdivision 4. The word `utility' is misspelled several times on the preliminary plat. 5. There is a pylon sign proposed east of lot 2 (according to the landscape plan),but the plat shows that area covered in a public utility and drainage easement. If there is to be a sign in this location, there must be an exception to the easement or a sign easement in this location. T. Miller Rush-Copley January 3, 2007 Page 2 of 3 Preliminary PUD 6. Per the Illinois Accessibility Code,parking lot 5 requires 6 accessible parking spaces. Preliminary Master Landscape Plan and Site Signage 7. The signage plan on page Al-1-2 shows the height of the pylon signs to be between 8 feet and 10 feet. What will dictate the difference in sign heights? The different signs must be outlined on the plan. 8. The detail of the "Garden Wall Signage" is shown as feature #2 on page AI-1-2. However, it is not shown on the site plan. The location of this feature must be shown to ensure it is outside of all easements and rights-of-way. Likewise, the location of feature #1 must also be shown on the site plan. 9. The dimensions of features#1,#2,and#3 must be shown on the plan. Proposed Planned Unit Development Agreement 10. On page 4 in Section 4. (C), the agreement states that "the City further agrees to permit buildings located in the Subject Property to be a maximum height of ninety feet(90') and up to seven (7) stories." A statement must be added indicating that the building be constructed in accordance with the high rise construction standards in use at the time of the permit. 11. On page 6 in Section 7, the agreement states "...the City shall not require Developer to enclose any roof-top mechanicals, as long as, said roof-top mechanicals are screened so that they are blocked from ground view on all sides." The Department of Building Safety recommends that the statement "in accordance with the City's Appearance Code" be added. 12. On page 7 in Section 9.2,the agreement states that"for the western portion of the Subject Property south of John Street which is adjacent to residential zoned property the City shall permit Developer to provide a 25' wide buffer area adjacent to the property line in lieu of a City required 30' buffer area." Staff requests the developer add a statement to the section noting that a 3-foot tall berm or masonry wall will be added to the buffer yard per the landscape ordinance(2006-136 Section 2-2a). The berm or architectural masonry wall will further shield the adjacent residences from the intense uses of this site. 13. On page 7 in Section 10, the document refers to the VILLAGE twice. Throughout the rest of the document, the City of Yorkville is referred to as the `City.' The references to the village must be amended or explained. 14. Page 9 Section 11 states "all signs located within the Subject Property will be subject to review and approval by the City building and zoning departments consistent with the terms of this Agreement." This statement must include a clause indicating that permits are required for all signs on the subject property. 15. On page 12 in Section 17.6, a statement indicates that "all construction trailers, offices, and temporary construction storage containers shall be removed upon the completion of all construction activity." A statement must be added indicating that permits from the Department of Building Safety are required for any construction trailers and offices. T. Miller Rush-Copley January 3,2007 Page 3 of 3 16. The "Exhibit" cover sheets indicate that a"reduced copy [of the plans is] to be attached." The applicant must note that full-size copies of the plans must be recorded or referenced within the final agreement. 17. Exhibit C, the Preliminary PUD Plan, includes much more than what is currently labeled as the PUD plan per City Code. The entire plan must be attached to the agreement. 18. The agreement must include the proposed deviations from the sign code in regard to the number and size of pole and ground signs. 19. An exhibit outlining a complete list of the proposed variances must be attached to the agreement. Please let me know if you have any questions or require additional information. rsh\abk P:\Rebecca\Yorkville\Commercial Plan Review\Rush-Copley Medical Center\Zoning Review Rush Copley 12.29.06.doc Bristol Kendall Fire Department 103 East Beaver Street Yorkville, IL 60560-1704 Phone: 630 553-6186 Fax: 630 553-1482 February 15, 2007 Mayor Arthur Prochaska United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Prochaska: It has been brought to our attention that the new Rush Copley complex is requesting a variance on the current height restriction. Originally this height restriction was created and changed due to the potential of this complex being created. I also believe that the current height restriction was designed around their request. I understand that the current variance request is to be for a possible future seven(7) story or ninety (90) foot high building. The standards that are required to build a building of this nature are extremely stringent, which causes extreme safety measures to be implemented into the building. The District understands the need for current and future medical care in the community is extremely important. Without good medical care and services the community will not continue to grow. The District fully supports this increased height variance that is being requested by Rush Copley. If you have any further questions in regards to this matter please feel free to contact me. Sincerely, imothy Fairfield Assistant Chief PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND COPLEY VENTURES INC., FOR THE DEVELOPMENT OF THE RUSH-COPLEY YORKVILLE HEALTHCARE CENTER THIS AGREEMENT is entered into this day of , 2006, by and between the United City of Yorkville, an Illinois Municipal Corporation(hereinafter"City") and Copley Ventures Inc., and Illinois Not for Profit Corporation (hereinafter "Owner" and/or "Developer"). (City and Developer are often referred to collectively as"Parties"and individually as "Parly') WHEREAS,Developer is the owner of certain real estate consisting of approximately 44.12 acres of land located South of Route 34 and Adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township, Kendall County, Yorkville, Illinois; (hereinafter"Subject Property" and WHEREAS,the City desires to enhance opportunities for residents of the City to receive quality medical care, and other associated services within the City and is also desirous of obtaining increased sales tax revenue for the City; and WHEREAS, the Subject Property is currently zoned O — Office under the City zoning ordinance; and WHEREAS,Developer has petitioned the City to rezone the property under the City zoning ordinance as a Planned Unit Development(hereinafter"P.U.D"); and WHEREAS,Developer,has submitted to the City a Preliminary P.U.D.Plan and Plat as well 120101/1 55214/3 as all other required documentation proposing the development of a healthcare campus upon the Subject Property; and WHEREAS, Developer has published and sent out all notice required under Illinois State statute City ordinance to rezone the Subject Property as a P.U.D; and WHEREAS, the Plan Commission conducted the required public hearing on on the proposed rezoning and approval of the Preliminary P.U.D.Plan and Plat for the Subject Property; and WHEREAS, all other public hearings required by law have been held and conducted in accordance with the Ordinances of the United City of Yorkville and the laws of the State of Illinois; and WHEREAS, the corporate authorities of the City have determined that it is in the best interests of the City and Developer to develop the Subject Property in compliance with the Preliminary P.U.D. Plan and Plat, Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan,Zoning Plat,Preliminary Elevations,Signage Criteria,Preliminary Lighting Plan, and Architectural Guidelines, and other conditions hereinafter provided; and WHEREAS,the Parties hereto desire to provide for the adoption by the City of a Planned Unit Development Ordinance in connection with the rezoning of the Subject Property,as hereinafter provided; and. WHEREAS, the corporate authorities of the City have accordingly determined that the development of the Subject Property will promote the sound planning and development of the City and will inure to the benefit of the citizens of the City. NOW, THEREFORE, in consideration of the forgoing and the promises and contained 120101/1 55214/3 herein,the parties do hereby agree as follows: Section 1. Incorporation of Recitals. The forgoing recitals are hereby incorporated as if fully set forth herein. Section 2. Applicable Law. This Agreement is made pursuant to and in accordance with the applicable provision of Article 13 of the Illinois Municipal Code, as amended (65 ILCS 5/11-13-1 et seq.), and the provisions of Section 11-15.1-1 et seq. of the Illinois Municipal Code,as amended(65 ILCS 5/11- 15-1.1 et seq.). Section 3. Property Subject to this Agreement. The property subject to this Agreement consists of approximately 41.12 acres of land situated South of Route 34,adjacent to the Fox Hill Subdivision within the corporate boundaries of the City, Kendall Township, Kendall County, Illinois,which said property is legally described in Exhibit A, attached hereto and made a part hereof. Section 4. Enactment of the P.U.D.Zoning Ordinance. In accordance with this P.U.D Agreement,the City shall amend its zoning ordinance and map to zone the Subject Property as a Planned Unit Development as depicted on the Zoning Plat attached hereto and made a part hereof as Exhibit B. Such action may be in the form of an ordinance granting preliminary P.U.D. approval to be followed by enactment of a final P.U.D. ordinance upon submission by the Developer of all documents required under current City ordinance for such final approvals. The Preliminary P.U.D. Ordinance shall include approval of the Preliminary P.U.D. Plan and Plat, Preliminary Engineering Plan, Preliminary Landscape Plan, Preliminary Engineering Plan, Photometric Plan, Preliminary Building Elevations, Architectural 120101/1 55214/3 3 Guidelines, Preliminary Lighting Plan, Preliminary Signage Elevations and Sign Criteria, all as hereinafter more specifically provided and all to permit the development of the Subject Property as a healthcare Campus as detailed in this Agreement and the Exhibits attached hereto. Furthermore the following uses shall be permitted upon the Subject Property. A. Hospital B. Heli-Stop C. Medical Offices D. Power Plant E. Tennis Club F. Fitness Center G. Parking Garage H. Professional Offices I. Day Care Center J. Restaurant K. Cafeteria L. Retail including,but not limited to; i. Drugstore ii. Pharmacy iii. Gift Shop The City further agrees to permit buildings located on the Subject Property to be a maximum height of ninety feet(90') and up to seven(7) stories. Section 5. Preliminary and Final P.U.D. Plans The Subject Property shall be developed substantially in conformance with the overall Preliminary P.U.D. Plan prepared by Cemcon Ltd, dated October 16, 2006, last revised , a copy of which is attached hereto and made a part hereof as Exhibit C. The City hereby approves the aforementioned Preliminary P.U.D.Plan. The City hereby agrees to approve a Final P.U.D. Plan in substantial conformance with the aforementioned Preliminary P.U.D. Plan. Prior to or concurrently with Final P.U.D. Plan review by staff for the Subject Property,the owner/developer shall do the following: 120101/ 55214/3 4 1. Submit written approval from MOT for (1) limited right-in,right-out access drive on U.S. Route 34 in the general location as shown on Exhibit Q and 2. Submit a copy of the proposed Easements, Covenants, and Restrictions (ECR) Agreement for the Subject Property for staff review which shall include provisions addressing cross-access and shared parking between lots; and 3. Any other conditions as applicable. To the extent that the Preliminary and Final P.U.D. Plans constitute a change to the bulk standards of the City Zoning Ordinance and Subdivision Regulations,this Agreement and the P.U.D. Ordinance shall constitute a lawful amendment to such ordinances. Except as otherwise expressly provided for herein the Subject Property shall be developed in accordance with all other City Ordinances. Section 6. Access. All access points for the Subject Property as depicted on Exhibit C are hereby granted by the City. Section 7. Building Elevations. Attached hereto and made a part hereof as Exhibit D are Preliminary Elevations prepared by Anderson Mikos Architects, Ltd. and dated October 20, 2006, last revised ,for the proposed development all of which are hereby approved by the City. The City agrees to approve Final Elevations and issue building permits for the construction of structures which are in substantial compliance with Exhibit D. Furthermore the City shall not require Developer to enclose any roof-top mechanicals,as long as,said roof-top mechanicals are screened so that they are blocked from view from all sides. Section 8. Architectural Guidelines. 120101/1 55214/3 5 Attached hereto and made a part hereof as Exhibit D are Architectural Guidelines for the construction of buildings upon the Subject Property as depicted on the Preliminary P.U.D.Plan. All buildings constructed on the subject property shall substantially comply with the Architectural Guidelines. Consistent with the forgoing,the City agrees to reasonably approve building plans and issue building permits for any buildings which reflect the unique style and architecture of nationally recognized businesses, including signature design features and signage. Building permits shall be issued without further zoning or other hearing requirements if they substantially comply with the Agreement, the Preliminary P.U.D. Plan, and the Architectural Guidelines. Section 9. Landscape and Design. The City hereby approves the overall Preliminary Landscape Plan, prepared by Anderson Mikos Architects Ltd. dated October 20, 2006, last revised , which is attached hereto and made a part hereof as Exhibit E. The City agrees to approve Final Landscape Plans that substantially conform to the Preliminary Landscape Plan. Each proposed building shall require the submission of a Final Landscaping Plan at the time of Final Plan for said building. Except as provided for herein, building landscaping shall be in accordance with the City Landscaping Ordinance then in effect at the time of approval of this Agreement. Section 10. Lighting. The VILLAGE hereby approves the Preliminary Lighting Plan and Photometric Plan prepared by Anderson Mikos Architects Ltd. dated October 20, 2006, last revised which is attached hereto and made a part hereof as Exhibit F. The VILLAGE agrees to approve a Final Lighting Plan that substantially conforms to the Preliminary Lighting Plan. In addition, the 120101/1 55214/3 6 owner/developer hereby agrees as follows: 1. All lighting fixtures are to be architecturally compatible with fixtures used elsewhere in the development; and 2. All light fixtures installed throughout the development shall include a recessed bulb/filament and a flat lens; and 3. Only fully shielded light fixtures shall be installed throughout the development. No light is to be emitted above the horizontal; and 4. The maximum wattage for Outlot light fixtures shall not exceed 1000 watts; and 5. All under-canopy lights shall be recessed into the canopy; and 6. All light poles in the main development shall be numbered. Said numbers shall not exceed four(4)inches in height and shall be located not more than ten(10)feet from the ground; and 9. Each proposed building shall require the submission of a photometric plan at time of Final Plan for said building, subject to City review and approval. Section 11. Signs. Attached hereto and made a part hereof as Exhibit G are the Preliminary Signage Elevations and the Sign Criteria for the Subject Property,including the criteria for monument signs and building signs. The City hereby approves the Preliminary Signage Elevations and the Sign Criteria. In addition,the owner/developer shall be permitted to place two (2)temporary signs on the Subject Property along the U.S. Route 34 corridor marketing the healthcare campus. Each sign may be double-sided,have a maximum face area of 120 square feet, and be up to a maximum height of twenty(20') feet. No Temporary Sign shall be located in the public right-of- way. All temporary signs shall be removed upon completion of build-out within the Subject Property. 120101/1 55214/3 7 To the extent that the Preliminary Signage Elevations and Sign Criteria or the temporary sign guidelines set forth in this Section constitute a change from any of the current provisions of the Sign Ordinance or zoning Ordinance of the City, this Agreement and the preliminary P.U.D. ordinances to be adopted pursuant to this Agreement shall constitute a lawful amendment to such provisions. All signs located within the Subject Property will be subject to review and approval by the City building and zoning departments consistent with the terms of this Agreement. Section 12. Parking. Parking shall be as depicted on Exhibit C. The City acknowledges that the parking as depicted thereon meets all requirements of the City relating to parking, subject to the provisions of Paragraph 5(2),herein. Section 13. Engineering. The City hereby approves the Preliminary Engineering Plan for the Subject Property prepared by Cemcon Ltd., dated October 16, 2006, last revised , which is attached hereto and made a part hereof as Exhibit I. The City agrees to approve any Final Engineering Plans that substantially conform to the Preliminary Engineering Plans. The City further agrees to apply the following storm water management standards to the Subject Property; 1. Side slope ratio of four to one(4/1) shall be permitted. 2. A minimum twenty foot(20')buffer between the high-water level line of the southwest storm water management basin and the west and south property lines of the Subject Property shall be permitted. 3. Wet ponds for storm water management shall be permitted to have a 120101/1 55214/3 8 maximum allowable depth of four feet(4') for detention storage between the normal water level and the high water level corresponding to the ten(10)year frequency storm. Section 14. Subdivision. The City hereby approves the Preliminary Subdivision Plat for the Subject Property prepared by Cemcon Ltd,dated October 16,2006,last revised ,which is attached hereto and made a part hereof as Exhibit H. The City agrees to approve any Final Subdivision Plat that substantially conforms to the Preliminary Subdivision Plat. The City further agrees to allow Developer to construct multiple buildings on one lot within the subdivision. Section 15. Additional Development. In the event that DEVELOPER seeks the creation and development of additional lots within the Subject Property, such development shall be subject to approvals of the corporate authorities of the City and amendment of the Planned Unit Development Ordinance in accordance with applicable City Ordinances and State law. Section 16. Site and Off-Site Improvements. The Developer shall cause to be constructed those on-site and off-site improvements as specified in this Agreement, and as shown on the plans attached hereto and made a part hereof. Section 17. Outdoor Storage and General Provisions. 1. All trash enclosures throughout the development shall be constructed of materials and colors similar and compatible with the principal building served; and 2. All dumpsters shall be located within designated enclosures; and 3. Outdoor storage shall be limited to only those areas designated and approved for outdoor storage as detailed herein and as shown on the Final P.U.D.Plan; 120101/1 55214/3 9 and 4. No products or equipment utilized by the healthcare campus shall be stored in a trailer or other similar container within any parking lot, loading area, or behind a building; and 5. No snow removal equipment, salt or other de-icing agents for on-site usage shall be stored within any parking lot,loading area,or behind a building; and 6. All construction trailers, offices and temporary construction storage containers shall be removed upon the completion of all construction activity. Section 18. School and Park Donations. No school or park donations shall be required for the Subject Property. Section 19. Survival of Zoning Provisions. The PUD zoning and plan approval granted pursuant to this Agreement, and the Planned Unit Development Ordinances contemplated herein shall not terminate,and shall continue in full force and effect unless thereafter amended upon application by Copley Ventures Inc., or its successors in interest, or otherwise in accordance with law. The zoning ordinances to be adopted pursuant to this Agreement shall incorporate all material provisions of this Agreement. Section 20. No Waiver or Relinquishment of Right to Enforce Agreement The failure of any party to this Agreement to insist upon 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. Section 21. Suppression of Existing City Ordinances and Regulations It is the intent and agreement of the parties hereto that,to the extent permitted by law, 120101/1 55214/3 10 if any pertinent existing ordinance,resolution,or regulation,or interpretations thereof of the City be in any way inconsistent or in conflict with the provisions of this P.U.D. Agreement, then the provisions of this Agreement shall constitute a lawful binding amendment thereto and shall supersede the terms of said inconsistent ordinances, regulations, resolutions or interpretations thereof,as they may relate to the Subject Property. In the alternative,the City shall promptly amend its ordinances,where applicable, to conform to this Agreement. Section 22. Binding Effect of Agreement. This Agreement and all Exhibits thereto attached or incorporated by reference,shall be binding upon the parties hereto and their respective successors and assigns. Section 23. Severability. If an non-material provision of this Agreement is held invalid by any court of competent jurisdiction,such provision shall be deemed to be exercised here from,and the invalidity thereof shall not affect any of the other provisions of this Agreement which can be given effect without such invalid provision, and,to that end,the provisions of this Agreement are severable. Section 24. Notices. Any notices required or permitted to be sent pursuant to the provisions of this Agreement shall be in writing and shall be sent by certified mail,express mail or hand delivery to the following addresses until written notice of change of address is given,and shall be deemed received on the fourth business day following deposit in the United States Mail, or upon actual receipt, whichever is earlier: If to Owners or Developer: Copley Ventures, Inc. 120101/1 55214/3 1 1 Rush-Copley Medical Center Inc. 2000 Ogden Ave. Aurora, Illinois 60504 With a copies to: John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine, &West Ltd 123 Water Street Naperville, Illinois 60540 (630) 355-5800 Ronald Hem, Esq. Alschuler, Simantz &Hem 1961 W. Downer Place Aurora, Illinois 60506 If to the City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 With a copy to: John Wyeth, Esq. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Section 25. Entire Agreement. Except as otherwise expressly provided, this Agreement supersedes all prior agreements,negotiations and exhibits,and is a full integration of the entire agreement of the parties, and may not be amended except by further written agreement duly authorized by the corporate authorities and parties hereto, or, as applicable, approved by any court having or retaining 120101/1 55214/3 12 jurisdiction over the subject matter of this Agreement. The attorneys for the parties may,by mutual agreement, replace or revise the Exhibits hereto to correct typographical errors or errors in legal descriptions prior to recording, and may replace any pages or exhibits containing handwritten corrections with conformed copies thereof. Section 26. Time of the Essence; Good Faith. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful implementation of this Agreement requires the continued cooperation and best efforts of all parties. Section 27. City Auaroval or Direction. Where City approval or direction is required by this Agreement, such approval or direction means the approval of the corporate authorities of the City unless otherwise expressly provided or required by law,and any such approval maybe required to be given only after and if all requirements for granting such approvals have been met unless such requirements are inconsistent with this Agreement. Section 28. Singular and Plural. Wherever appropriate in this Agreement, the singular shall include the plural, and plural shall include the singular,unless the context clearly indicates otherwise. Section 29. Section Headings and Subheadings. All Section headings or other headings in this Agreement are for the general aid of the reader and shall not limit the plain meaning or application of any of the provisions thereunder whether covered or relevant to such heading or not. 120101/1 55214/3 13 Section 30. Construction of Agreement. No provision of this Agreement shall be construed more strongly against any party to this Agreement. Section 31. Conflict with Text and Exhibits. In the event of a conflict with the provisions of the text of this Agreement and the Exhibits attached hereto, the Exhibits shall control. Section 32. Execution in Counterparts. This Agreement maybe executed in one or more counterparts,each of which maybe deemed original and, taken together, shall constitute one and the same instrument. Section 33. Definition of City. Whenever the term City is used herein, it shall be construed as referring to the corporate authorities to the United City of Yorkville, Illinois unless the context clearly indicates otherwise. Section 34. Execution of Agreement; Effective Date. This Agreement shall be executed lastly by the City and the Mayor of the City shall affix the date on which he signs this Agreement on page one hereof,which date shall be the effective date of the Agreement. Section 35. Corporate Capacities. The parties acknowledge that the corporate authorities of the City have approved this Agreement and the Mayor of the City and City Clerk have executed this Agreement in their official capacities and not personally,and that no personal liability of any kind shall attach or extend to said officials on account of any act performed or failed to be performed in connection with the execution 120101/1 55214/3 14 and implementation of this Agreement. IN WITNESS WHEREOF,the undersigned parties have executed this agreement this day of , 2006. [EXECUTION PAGES FOLLOW] Prepared by: John F. Philipchuck Dommermuth, Brestal, Cobine&West, Ltd. 123 Water Street Naperville, IL 60540 120101/1 5521413 15 UNITED CITY OF YORKVILLE An Illinois Municipal Corporation By: Art Prochaska Jr., Mayor Attest: City Clerk 120101/1 55214/3 16 COPLEY VENTURES, INC. An Illinois Not For Profit Corporation By: Barry C. Finn, President Attest: Secretary 120101/1 55214/3 17 INDEX OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY EXHIBIT B ZONING PLAT EXHIBIT C PRELIMINARY P.U.D. PLAN EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES EXHIBIT E PRELIMINARY LANDSCAPE PLAN EXHIBIT F PRELIMINARY LIGHTING PLAN EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA EXHIBIT H PRELIMINARY SUBDIVISION PLAT EXHIBIT I PRELIMINARY ENGINEERING PLAN 120101/1 55214/3 EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 120101/1 55214/3 EXHIBIT B ZONING PLAT [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 EXHIBIT C PRELIMINARY P.U.D. PLAN [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 EXHIBIT D PRELIMINARY BUILDING ELEVATIONS AND ARCHITECTURAL GUIDELINES [REDUCED COPY TO BE ATTACHED] Architectural Guidelines United City of Yorkville Appearance Code 120101/1 55214/3 EXHIBIT E PRELIMINARY LANDSCAPE PLAN [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 EXHIBIT F PRELIMINARY LIGHTING PLAN [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 EXHIBIT G PRELIMINARY SIGNAGE ELEVATIONS AND SIGN CRITERIA [REDUCED COPY TO BE ATTACHED] 120101/1 55214/3 EXHIBIT H PRELIMINARY SUBDIVISION PLAT 120101/1 55214/3 EXHIBIT I PRELIMINARY ENGINEERING PLAN 120101/1 55214/3 ,QED CIP Reviewed By: Agenda Item Number J? a 0-0 Legal ❑ JEOC, Finance ❑ EST. 1836 Engineer ■ City Administrator ❑ Tracking Number p �© Consultant ■ j<tE Human Resources F-1 PC 2006-16 City Council Agenda Item Summary Memo Title: MPI—Yorkville South Annexation Agreement City Council/COW Agenda Date: February 20,2007 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: See attached staff report dated February 16,2007 o United City of Yorkville 800 Game Farm Road EST �. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 ,+(� GaNay Sex `Q ►+� KmvSaYCnM/ 1� <CE %�'~` February 16,2007 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. • EDC reviewed the Annexation Agreement and Concept PUD January 16, 2007. The attached `marked-up' Annexation Agreement shows changes made following the discussion and input of the EDC at this meeting. 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 I infrastructure will be necessary and provisions that will not allow development to continue until this infrastructure(pre-determined in the agreement) is complete. 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. 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 February 14, 2007 for Yorkville South based on comments and input by staff and consultants including Community Development, Engineering, Parks and Recreation and Public Works provided at a February 13, 2007 staff/petitioner meeting. Sanitary Sewer—Sections 5 and 6—Modifications in these sections address previous staff comments. At City staff request,MPI has funded a study conducted by Deuchler Associates to evaluate alternative sanitary solutions to serve this development while maintaining the interests of the City in terms of expanding of the system to serve future development in the area. The preferred alternative involves locating a lift station near the Route 47 corridor as opposed to being east of Route 47 as previously anticipated by YBSD. This results in MPI sewer infrastructure fees being able to be applied to a `permanent' facility and the agreement now contemplates the use of the YBSD infrastructure fees to be credited for the construction of the system to serve MPI. One issue to note: YBSD has made it clear to staff that they prefer to only own and maintain one lift station on the 47 corridor. By moving this location to the west(as now proposed) will reduce the ability to serve the far southeast portion of the City's planning area. When this area develops,the City will need to evaluation alternative options including owning/maintaining a City lift station or utilizing an alternative treatment approach such as surface application. In summary,the decision to shift the lift station to the west will 2 likely result in lower density development in the southeast planning area and staff supports this alternative sanitary sewer design approach. Section 7 Water Improvements-Modifications in these sections address previous staff comments. MPI is front funding water infrastructure improvements beyond the capacity needs of their development. Staff recommends allowances for future recapture/recovery of these dollars as contemplated in the current agreement. These contributions will be calculated for future developments within the defined benefited area at the time of first final plat of subdivision for such developments. There are various alternatives contemplated for long term water supply and storage for the south area. Section 7.1)explains the triggers established to determine the timing for future improvements and allows the City to direct which improvements are appropriate at the time. For instance, it is known at this time we will need additional water storage to serve the MPI development when we reach 200 building permits or when the commercial development and/or school is built. It is premature at this point to know if the City will be best serve by a tower in this development or if it would be more beneficial to connect to the tower planned for the southwest area(in Yorkwood Estates). This agreement allows the City the flexibility to make this decision in the future and provides MPI the commitment that they will be served when needed. MPI has agreed to allow up to two shallow well locations on this property and will fund well siting up to $330,000 based on the City's current estimate. Section 8 Roadway Improvements—Several road improvements are provided for under this agreement including: 1. Wheeler Road. This is a new east-west road extending from Route 47 t the west edge of the proposed development. The alignment is consistent with the City's Comprehensive Plan conceptual recommendation and will be constructed in accordance with the City's current Collector Roadway standards. 2. Walker Road. This is County road and will be constructed per Kendall County standards including a 60' 'h right-of-way dedication as requested by Fran Klaas, County Highway Engineer. The agreement allows for a portion of the County Road Fee collected by the City to be credit toward this improvement consistent with the current County Road Fee policy. 3. Caton Farm Road. This development will not impact Caton Farm road directly until such time as the commercial area and/or Neighborhood 11 is developed. The developer will submit a traffic study to determine the impact prior to developing this portion of their plan and has agreed to pay a 50%pro-rata share of the improvements when determined. 3 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 has been provided from the School District#115 agreeing with the terms for future expansion of the school land dedication described. Section 16 Park Donations Provisions for park contributions are similar to the provisions in the Grande Reserve agreement whereby estimating costs for each park identified. A letter has been provided by the Parks and Recreation Department supporting the provisions of this agreement. Section 17 Fire Station The Fire District has agreed to accept 3.5 acres of land provided that stormwater is managed off-site by the developer. The Fire District has also agreed not to construct a training tower on the site. Section 34 Commercial Tax Incentive MPI is requesting 50%tax rebate. The current policy states a petitioner is eligible for "up to" 50%as determined appropriate by City Council. At this point,we do not know what the commercial uses will be and staff recommends adding"up to"to this provision and determining the percentage at the time users(and estimated tax revenues)are known. Section 38—I Staff recommends removing the second sentence entirely. To date,the City of Yorkville has not allowed this to occur and,although legally could do so based on the Chatham case as explained in the provision. The City has been successful in several other situations working with property owners in between developed areas and future development areas in terms of negotiating annexations beneficial to all parties. Although the City may choose to provide utilities and services to this area without being contiguous,this provision(and deadline) should not be within this agreement. 4 Revised January 10,2007,February 1,2007,February 2. 2007,February 14,2007 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 Com 1p iance. 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 Prelimingalinal Plats and Preliminary/Final Engineering. 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 and off-site work (as detailed within this Agreement) 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 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) construction of the CITY, YBSD 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 subdivision plat, if the preliminary plat is submitted separately from the final 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 6 plans. DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another 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 the major 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: City 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. Because 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)) and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the SSA taxes could be increased by up to $1,869 per unit (which is equal to $2,667,151 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. In the event that improvements are financed by the DEVELOPER through special service area 7 financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the the above described credit 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 City Water Connection Fees of$3,700 per single family unit and City Water Connection Fees of$3,171 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. Because 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)), and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the IPF Fees will be applied in full to provide $2,667,151 in additional revenue for these improvements. In the event that improvements are financed.-by the DEVELOPER through non special service area financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the application of IPF Fees towards these improvements. 6. SANITARY SEWER IMPROVEMENTS. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla and described as Option #2 in Exhibit Flb on pages 5-8 and summarized on page 9. Improvements identified within these exhibits shall be funded as specified below and in Sections 5A and B of this Agreement. These improvements require the DEVELOPER to provide upfront funding in the amount of$8,906,175 (the total Phase 1 and 3 improvement costs as identified on Page 9 of Exhibit Flb plus a 15% contingency for soft costs). This contribution exceeds the required City Sanitary Connection Fees for the SUBJECT PROPERTY (which is $2,854,000 ($2,000 x 1,427 units)) and the total required IPF Fees for the SUBJECT PROPERTY (which is $2,667,152 ($3,660 x 8 728.73 acres)) by$3,385,023. In recognition of the regional benefits of these improvements, the DEVELOPER shall be entitled to fully recover this excess upfront contribution (currently estimated at $3,385,023) from future developments. Through the annexation agreement process, the CITY agrees to require future development located within the benefiting service area (as identified on Exhibit Fle) to prepay all required City Sanitary Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property—i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city sanitary connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or upon 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 the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures indentified in Exhibit Flb at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated by Exhibit Flb, the CITY shall be entitled to retain any future pre-paid Sanitary Sewer Connection Fees from the service area (Exhibit Flc) in order to recover their re-allocation of Sanitary Connection Fees towards these improvements. A. Utility Design—The DEVELOPER has worked with the CITY and YBSD to identify a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable to all Parties. This solution is represented as Option #2 in Exhibit Flb on pages 5-8 and summarized on page 9 It is the goal of all parties to see this plan realized. However, in the event that despite the best efforts of all parties this sanitary system plan is unable to proceed due to circumstances outside the control of the DEVELOPER within twenty four (24) months from the date of this Agreement (i.e. necessary easements can not be secured to the satisfaction of YBSD and/or the CITY), the DEVELOPER shall be authorized, but not obligated, to proceed with the construction of the sanitary improvements as identified in Sections 6B-C of this Agreement (subject to engineering review) at their sole expense as an alternative to planned regional 9 improvements. The DEVELOPER would not receive any credits from the CITY and/or YBSD for a temporary solution that is only able to service the SUBJECT PROPERTY. B. Lift Stations — In the event that the YBSD sanitary plan is not implemented (as discussed above), 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. Both of the temporary lift station facilities shall be operated by the CITY at DEVELOPER'S expense until seventy (70) percent build out of the residential portion of the SUBJECT PROPERTY. After seventy percent build out, 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 prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove said lift stations at their own expense. If any of these facilities are abandoned after seventy percent build out, removal shall be done by the CITY at the CITY's expense. C. Sanitary 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 (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately 1,600 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, a 24" gravity sewer shall be constructed. However, 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 YBSD sanitary plan will not be implemented (as discussed above). In this case, the DEVELOPER will construct a 10" force main in this same location (1,600 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 10 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, subject to engineering approval. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site easement as referenced above, the CITY will not object to the DEVELOPER utilizing the existing Route 47 right-of-way to service the SUBJECT PROPERTY provided IDOT concurs. If required, this 10" force main shall be funded by the DEVELOPER at their sole expense. If the YBSD sanitary plan is not implemented, the DEVELOPER shall also 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 also be funded by the DEVELOPER at their sole expense. In the event that the force main is abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, 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 after seventy percent build out of the residential portion of the SUBJECT PROPERTY, 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 to use their best efforts in managing development approvals and building permit approvals in a manner that would not be detrimental to the sanitary sewer capacity and YBSD waste water treatment plant capacity that is available to the SUBJECT PROPERTY. 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 (per Exhibit Fld) through recapture based on a pro-rate share using an acreage basis which will be paid at the time of final plat approval. This recapture agreement would be entered into at the time of final plat approval. 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 11 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. 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, & E 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 City Water Connection Fee required for the SUBJECT PROPERTY ($3,700 x 598 SF units + $3,171 x 829 MF/TH units)) to cover water improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future development. Through the annexation agreement process, the CITY agrees to require future developments located within the benefiting service area (as identified on Exhibit F2 to prepay all required City Water Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city water connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) 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 the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated in this Agreement, the CITY shall be entitled to retain any future pre-paid Water Connection Fees from the service 12 area (Exhibit F2) in order to recover their re-allocation of Water Connection Fees towards these improvements. 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 City Water Connection Fees to the CITY at the time of approval of the first final subdivision plat within the SUBJECT PROPERTY or upon use of said improvements by any portion of the SUBJECT PROPERTY, whichever occurs first, in an amount equal to the costs of said improvements but in no event more than the total required City Water Connection Fees for the SUBJECT PROPERTY. The CITY shall authorize their engineering consultant to proceed with the design of the well and water treatment plant within thirty days of a request by the DEVELOPER and upon DEVELOPER's initiation of funding for design engineering. The CITY shall provide the DEVELOPER with a schedule for said design engineering date within thirty days of the first payment from DEVELOPER. 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 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 recovery based on the service area and will be funded by City Water Connection Fees pre-paid by future development located within the benefiting service area (as identified on Exhibit F2) at the time of approval of the first final subdivision plat on any property covered in said agreement or upon use of said improvements, whichever occurs first. 13 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 not object to the DEVELOPER utilizing the existing Route 47 right-of-way subject to IDOT's concurrance. 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 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 101"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 approval of their first final plat of subdivision. 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 City 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 14 construction of a five (5) million gallon stand pipe, a water storage facility or the NW Water Main Loop extension, or some other solution that the CITY deems appropriate which, at a minimum, adequately services the SUBJECT PROPERTY. If the CITY elects to build an oversized water storage tank (in excess of one million gallons) 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 City Water Connection Fees. 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 or twelve (12) months of receipt of funds for the final engineering design work by the CITY,whichever occurs later. 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 or within twelve (12)months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. 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 or with twelve (12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. Construction of the selected improvement shall be completed within eighteen (18) months of the time a contract is awarded to the accepted bidder 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 501St 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 time a 15 contract is awarded to the accepted bidder, 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 one or more well sites. 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. The DEVELOPER shall be required to provide funding for said program upon application for the first final subdivision plat on the SUBJECT PROPERTY or sooner at the discretion of the DEVELOPER. The CITY shall be required to provide a timetable for completion of this program within thirty days of receipt of any payment. DEVELOPER agrees to provide right of entry to the CITY upon the express condition that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY related to this program. The City shall indemnify, save and hold the DEVELOPER harmless from and against any claim of loss or damage made by any third Party 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 fifteen (15) 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 16 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. The CITY shall use its best efforts to complete the construction of an individual shallow well site 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 Hants - 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 2,000 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 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 17 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 (specific to the W/WTP/WM improvements) 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 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 18 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. At the time of preliminary platting, the DEVELOPER agrees to submit an updated traffic study to provide data regarding internal trip generation volumes in order to verify design improvements required for internal roadways and turn lanes into the SUBJECT PROPERTY. Unless warranted by the updated traffic study, the DEVELOPER shall not be required to provide any improvements in excess of those specified by EXMBIT 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 accordance with collector roadway standards as identified in Exhibit F3.. 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. Subject to necessary warrants being met, DEVELOPER agrees to install a traffic signal at the Wheeler Road/IL Route 47 intersection prior to occupancy of either the school or commercial 19 property located at this intersection. Fifty percent of the costs of this improvement will be recaptureable against offsite properties located at this intersection. B. Walker Road - DEVELOPER agrees to dedicate 60' of%2 right-of-way in accordance with Kendall County Highway Department's standards. All improvements to Walker Road as specified in Exhibit F5 are estimated at a total cost of$932,181. These improvements will be credited against the CITY's total County Road Impact Fee of$2,320,302 ($1,626 x 1,437 units) as shown in Exhibit H In no instance shall the combined contributions for Walker Road improvements constructed by the DEVELOPER and the remaining County Road Impact Fees paid by the SUBJECT PROPERTY exceed $2,320,302. Road improvements for this roadway will be completed within twelve (12) months of the commencement of improvements for the Walker Road commercial parcel or within twelve (12) months of the approval of a final plat of subdivision for any residential unit that contains a connection to Walker Road. 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 fifty (50) feet of the existing centerline of this roadway. However, since the existing roadway is located entirely offsite, the DEVELOPER will not have any required responsibility for the construction of future improvements to this roadway. At the time of final plat review for the commercial site adjacent to Caton Farm Road or Neighborhood 11, the DEVELOPER agrees to submit a traffic study for Caton Farm Road to the CITY for review and approval in order to determine the improvements that will be required for this roadway. The DEVELOPER agrees to pay their pro-rate share (50% based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Said payment shall be due to the CITY within 90 days of the issuance of the certified costs for said improvement that were completed by the CITY or an adjacent developer/property owner. The DEVELOPER shall not be allowed to gain any 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. 20 In the event that the DEVELOPER elects to move forward with this roadway improvement on its own initiative, the DEVELOPER would have the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. DEVELOPER will also be required to pay their pro-rata share(1/4) of the traffic signal to be located at the intersection of IL Route 47 and Caton Farm Road (to be constructed by others). Payment will be based upon certified costs at the time of construction or based on an engineer's estimate of costs plus inflation (not to exceed 6% annum) if improvements have not been constructed within 3 years of approval of the final plat for the adjacent commercial parcel or Neighborhood 11, whichever occurs first. D. Immanuel Road - DEVELOPER agrees to dedicate a 40' lh right-of-way. At the time of final plat review for NH 1 the DEVELOPER agrees to submit a traffic study for Immanuel Road to the CITY for review and approval to determine the improvements that will be required for this roadway. This improvement shall be across the SUBJECT PROPERTY's frontage and will be eligible for recapture from benefiting properties based on linear frontage. The DEVELOPER will be responsible for their pro-rata share (based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Any recapture due from other properties shall be paid at the time of final plat approval for said property. This improvement shall be completed within twelve (12) months of the final plat approval for NH 1 or commencement of construction of the fire station,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 MOT requires a 'h 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 V for each 1' of excess ROW required over 60'). 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 21 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 first. The scope of work and timeframes for improvements identified above shall be subject to any required IDOT permits/approval. These improvements may be eligible for recapture from benefiting properties based on linear frontage dependant upon the level of improvements that are required by IDOT. Any recapture due from other benefiting properties shall be paid at the time of final plat approval for said property 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 prior to construction of said improvements or as otherwise required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled 22 Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. 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 may 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. 23 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 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 adjacent to the site and available for connection 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 24 this Agreement, provided, however, that the application of any such ordinance, regulation or node 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 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 adjacent to the site and available for connection 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 25 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 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 (6th) 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 26 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 donate 2.5 acres (with approximate dimensions of 400'x 275') in the SUBJECT PROPERTY for use as a City Public Works Facility which will include the water treatment facility (in addition to the two lh 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 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 approval of the first final plat on the SUBJECT PROPERTY 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. 27 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 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 I1. 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 which is attached as 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 The CITY may designate a maximum of 25% of cash in lieu contributions (unless otherwise agreed to by both Parties), towards recreational amenities that benefit the residents of the SUBJECT PROPERTY but are not located within or adjacent to the SUBJECT PROPERTY. 28 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 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 CITY 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 CITY with a means of construction access to the Park (which at a minimum shall consist of an aggregate road for use by construction vehicles to be designed as agreed upon by both parties), 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 29 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 #l, $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. 30 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 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 which is attached as Exhibit J2. 17. FIRE STATION. The DEVELOPER has agreed to donate 3.5 acres in the SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire tower training facility on its premise. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. Additionally, the DEVELOPER will work with the Fire District to provide off-site stormwater management for the fire station. 18. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY 31 (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. 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 (a neighborhood unit is defined as Neighborhoods 1-11 in their entirety as illustrated on the concept plan, Exhibit C1), 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 32 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 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 Unit as the Final Plat and Final Engineering plans are 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 33 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 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 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 34 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 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 all of, a part of, or more than one Neighborhood Unit. 24. DEVELOPMENT MARKETING SIGNAGE. 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) eleven permanent entry monument signs as illustrated in EXMBIT 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 35 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 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. DEVELOPER will be required to obtain building permits for all monument signs. 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 36 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 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 37 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. 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. 38 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 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. 39 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 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 public 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 40 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 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 41 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. 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 42 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 Parry is required to, or may wish to, serve upon any other Party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid, addressed as follows: (I) If to OWNERS 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, 1160560 Fax: (630) 553-7575 with a copy to: John Wyeth 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553-7575 or to such other persons and/or addresses as any Party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2005 ed.). In the event any part or portion 43 of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not 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 convect 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. In the event that the SUBJECT PROPERTY is not contiguous to the CITY within 2 years from the date of this Agreement, the CITY agrees to provide the SUBJECT PROPERTY with all utilities and other services necessary to develop the property (which would otherwise be provided by the CITY if the property were contiguous) as allowed under the terms of Village of Chatham v. County of Sangamon, II . 837 N.E. 2nd 29(2005). . 44 J. Captions an d Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the 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. Excul pation. 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; 45 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 Parry 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 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 Party 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: 46 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: 47 Revised January 10,2007,February 1,2007,February 2, 2007 February�l4,2007- -- ----------------------------- ----------------------------------------- — Formatted:Not Highlight 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 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 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. A�yroval of Preliminarv/Final Plats and Preliminary/Final Engineering. 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 strictures 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 and off-site work (as detailed within this Agreement and the cost thereof shall be the res onsibili Deleted:Work 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 issue__permits to DEVELOPER to authorize the commencement of DDealeted:sign all IEPA permits and construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase Deleted:prior to thereof prior to: (i)approval of a final plat of subdivision; a onstruction of the CITY, YBSD 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 subdivision plat f,, Deleted:isnal the preliminary plat is submitted separately from the final 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 ]EPA will be in a position to issue such permits prior to CITY approval of final engineering 6 plans. DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another 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 the major 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: Qjy 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. - "- Because the_above described fees are not-adequate-to cover costs associated with- Deleted:If the 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)) and in recoenition that the above described sanitary improvements meet YBSD's long term_plannin Deleted.' g `-- Deleted:can be eVded to needs, it is intended that the SSA taxes could a increased by up to $1,8 99Lper unit (which_is __ mom: and equal to $2,667,15)_the total required Infrastructure Participation Fee (IPF), divided by 1,427 Deleted: can Deleted:799 dwelling units)provided a credit in an equivalent amount is provided towards IPF fees. n the Deleted:s67,3I6, event that improvements are financed by the DEVELOPER through special service area Formatted:Not Highlight 7 financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the the above described credit towards IPF Fees Formatted:Font:sold Non-Special Service Area Financm In the event that the sanit Deleted:¶ g'- ._ - ..-. __arysewerandpotable......... water facilities are not financed through a special service area, DEVELOPER agrees to prepay all City Water Connection Fees of$3,700 per single family unit and City Water Connection Fees of$3,171 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. Because the above described fees are not adequate to cover costs associated with the Deleted:If eoueclivel,,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)), and in recognition that the above described sanitary improvements neet YBSD's long term__ planning Deleted: described ..........o Deleted:can be expanded to needs, it is intended that the IPF Fees wil. be applied in full to provide $2,667,151 in additional Deleted: and revenue for these improvements. In the event that improvements are financed by the Deleted:can DEVELOPER Through non special service area financing the CITY will use its best efforts to Formatted:Not ighlight Formatted:Font:Not Bold,No enter into an intergovernmental agreement with YBSD to facilitate the application of IPF Fees r underline towards these improvements. 1 Formatted:Font:Bold,Unde Deleted:below in Sections 6A&n 6. SANITARY SEWER IMPROVEMENTS. The approximate locations of the D�Inn that the infrastructu re improvements for sanitary sewer are illustrated in Exhibit Flaand described as D _ Deleted:d ' Option #2 in exhibit Fl b on pages 5-8 and summanced on page 9. Improvements identified ;` ;,�Formatted:Not Highlight within these exhibits shall be funded as specified below and in Sections SA and B Of this r' ;,_Formatted:Not Highlight I Agreement. Deleted:in r {Deleted:ss These improvements,require,the DEVELOPER to provide upfront funding in the amount I Deleted;of of$8.906,175 (the total Phase ] and 3 improvement costs Identified,on Page 9 of Exhibit Flb ' leleted:(the total city sanitary --- onnection Fees requiredforthe plus a 15% contingency for soft Costs). This contribution excee S the required City Sanita7V UBJECTPROPERTY Deleted:plus Connection Fees for the SUBJECT PROPERTY which is r�2 854 000 $2 000 x 1427 units)) , ',q Deleted:567,316 L and the total required IPF Fees for the SUBJECT PROPERTY (which is x$2,667,15? • 728.73 acres))by$3.385,023r In recognition of the regional benefits of these improvements,the_ are Deleted: provided permanent facilities included in the improvement plan and YBSD agrees to provide full credit for DEVELOPER shall be entitled to fully recover t is _excess .upfront contributior, (currently this contribution)to cover the sanitary improvements that are described below, estimated at$3,385,023)from future developments. Through the annexation agreement process, Deleted:fees the CITY agrees to require future development located within the benefiting service area (as Formatted:Not Highlight Formatted:Not Highlight identified on Exhibit Flc) to_prepay all required C, lty, Sanitary Connection Fees in full at the — --- Formatted:Font:Bold,Underline time of gpproval of the first final subdivision plat on any property covered in said annexation Formatted:Not Highlight agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers aaportion of the subject property—i.e. if only 100 acres of a 1,000 acre assemblage is Formatted:Not Highlight final platted, the�ciV sanitary connection fees must still be prepaid for the entire 1,000 acre_,.,,' Deleted:annexation assemblage based on a planned density estimate for the balance of the propertyl or upon use of Formatted,Font:Bold,underline Formatted:Not Highlight said improvements,whichever occurs fast, and to forward said funds to the DEVELOPER until Deleted:agreesto a recovery in an amount equal to the excess funding has been provided. In the event the CITY ;',' Deleted:for a periodoftwelve(12) months from the date of this Agreement collects fees from future development in advance of the DEVELOPER's expenditures for said or Not Highlight improvements. the CITY shall "bank" said fees to be utilized towards planned expenditures - Deleted:A scalable solution would require that all or a portion of planned indentified in exhibit Flb at the time of construction. Once the DEVELOPER is fully improvements will function as part ofthe permanent utility system and would provide capacity beyond that required for reimbursed for excess funding_provided and/or the "bank" contains adequate funds to cover the - the SUBJECT PROPERTY. Said solution cannot exceed$5,421,316(the remaining expenditures as contemplated by Exhibit Flb, the CITY shall be entitled to retain any 5 , combined tmal ofthe required Sanitary Connection Fees and the IPF fee)unless future pre-paid Sanitary Sewer Connection Fees fiom the service area (Exhibit Flc) in order to i alternative revenues are identified that do not require any additional contributions recover their re-allocation of Sanitary Connection Fees towards these improvements. by the DEVELOPER or as otherwise agreed by all Parties. As part of this effort,the DEVELOPER agrees to fund A. Utility Desisrr—The DEVELOPER has;worked with the CITY_and_YBSD�--identify their pro-ram share of an evaluation of alternative sanitary options by Walter E. a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable ', Deuchler Associates up to a maximum contribution of 515,000. Said to all Parties. This solution is represented as.Option #2 in Exhibit Flb on pages 5-8 and :! contribution would be due from the DEVELOPER at the time the CITY summarized on page 9E It is the goal of all parties to see this plan realized. However,in the event;' records thisAgmemeot.1 Deleted: .in the event that a sanitary that despite the best efforts of all parties this sanitary system plan is unable to proceed due to system plan that can be built utilizing the CITY's Sewer Connection Fee and circumstances outside the control of the DEVELOPER within twenty four(24)months from the YBSD'slPF fees is identified within this timefiame,the DEVELOPER and CITY date of this Agreement(i.e. necessary easements can not be secured to the satisfaction of YBSD Agr�eemeevis flsMm on scofthis and/or the CITYL the DEVELOPER shall be authorized, but not-obligated,to proceed-with the solution. I — — - p— — — — Deleted:said construction of the sanitary improvements as identified in Sections 6B-_C_of this-Agreement- Deleted:not identified within this timefiame (subject to engineering review) at their sole expense, as an alternative to planned regional Deleted:F Formatted:Not Highlight 9 improvements. The DEVELOPER would not receive any credits from the CITY and or YBSD Deleted:utilizmgprepaidclTYsewer� = tap fees as discussed in the first para of Section 6. for a temporary solution that is only able to service the SUBJECT PROPERTY B. Lift Stations f- In the event that the YBSD sanitary plan is not implemented (as " ' Deleted:- discussed above , the CITY shall allow DEVELOPER to engineer, construct and utilize two Deleted:T } ...__.._. _-----.. ._ _ ....._ .._._.__ _._._ . ........ 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 1 stations SUbJOCt to engineering review. Deleted:These improvements shall be funded as specified in Sections 5A and B Both of the temporary lift station facilities shall be operated by the CITY at of this Agreement.¶ DEVELOPER'S expense until seventy (70) percent build out of the residential portion of the SUBJECT PROPERTY After Seventy percent build out, the temporary lift stations shall be Deleted:during the first five(5)yeas --------- ------------- ---------------------------------------- of operation considered long term facilities and shall be operated at the CITY's expense. In the event that Deleted:five c5�years of operation either of the lift stations are abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY the DEVELOPER shall remove said lift stations at their Deleted:within the Brat five yeas of --' - ---------- ------------ operation own expense. If any of these facilities are abandoned after seventy percent build out removal Dele7date r than sve yeas from the ---_--...___..._...- initiaoperation sh all be done by the CITY at the CITY's expense. C. Sanitary Sewer–,The ultimate cone_t lan for the Aux Sable/Caton Farm interceptor .""" Deleted: ------------------------p P ----------------- -- ---- -- -------------- -- sewer prepared by Walter E. Deuchler Associates for the Yorkville-Bristol Sanitary District (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately L&P0_Iinear feet, across the Windett Reserve Subdivision. If the CITY and/or {Deleted:R —� --------._-..-_---.. DEVELOPER are able to obtain an exclusive easement for the installation of the gravity sewer from Wiseman Hughes, 4,24"_gravity sewer shall be constructed However �f the CITY and/or -_ ""�Deleted:the DEVELOPER shall install DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the Deleted:provided this improvement has not already been constructed at the installation of the 24" gravity sanitary sewer,,the YBSD Sanitary plan will not be implemented PROPERT�ed to service the SUBJECT (as discussed above). In this case,-the DEVELOPER will construct a 10"force main in this same Deleted:I ---------------------------------------------- I location(L�P0 linear feet across the Towns of Windett Reserve_Subdivision)to provide sanitary ` Formatted:Not Highlight sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to Deleted:8 eleted: ,{D construct and operate said force main subject to engineering review. Furthermore, the CITY 10 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, subject to engineering approval. If, despite using their best efforts, the DEVELOPER is unable to obtain an off-site If Deleted:allow easement as referenced above, the CITY will not object to -the DEVELOPER jutilizin4 the Deleted:to existing Route 47 right-of-way to service the SUBJECT PROPERTY provided.IDOT concurs. If Deleted:e required,this 10"force main shall be funded the DEVELOPER at their sole ex 1?ense. .----.--.. �+ specified m sections sA . . and B of this Agreement If the YBSD sanitary plan is not implemented,the DEVELOPER shall also be allowed to Deleted:T 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 also be funded by the DEVELOPER at their sole expense. Deleted:i s specified nt.sections sA � and B of this Agreement. In the event that the force main is abandoned prior to seventy percent build out of the � residential portion of the SUBJECT PROPERTY,xhe DEVELOPER shall remove all contents Deleted:within the first five years of I - ------------------------------------------------------------ operation, 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 after seventy percent build out of the residential portion of the Deleted:later than five years from the SUBJECT PROPER shall be done by the CITY at the CITY's expense.. __ initial date of operation D.Capacity-The CITY,due to a possible lack of sanitary sewer plant capacity,agrees to use their best efforts in manaizin development approval;and buildin ermit a royals in - Formatted:Not Highlight building pp `" Deleted:not to allocate it's annually manner that would not be detrimental to the sanitary sewer capacity and YBSD waste water allotted budding permits ' Deleted:ny treatment plant capacity that is available to the SUBJECT PROPERTY_ -_- Deleted:,nor shall the CITY reserve any number of building permits for any E. Oversizing=In the event,the_DEVELOPER oversizes the onsite sanitary sewer to �,Q velopment if such reservation would result in an insufficient amount of serve additional land area outside of the SUBJECT PROPERTY; the improvement shall be budding permits being available to the SUBJECT PROPERTY. In no event will eligible for recapture. The total cost(including design)of the sanitary sewer improvement which building permits be withheld by the My on the SUBJECT PROPERTY based on benefits offsite properties will be recovered from benefiting properties (per exhibit Fl.,d) the existing sanitary sewer capacity issues or capacity of the YBSD waste water through recapture based on a pro-rate share using an acreage basis which will be paid at the time `; treatment plant. Formatted:No underline of final plat approval. This recapture agreement would be entered into at the time of final plat Formatted:Font:Bold qpprova Formatted:Not Highlight F.YBSD Easements—The DEVELOPER will grant easements to YBSD to allow for the Deleted'engineering 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 11 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. Deleted:Both the temporary and .......... permanent easements must be locatt entirely within established floodplain. 7. WATER IMPROVEMENTS. The ultimate concept plan for water distribution Any restoration work required in the easement area due to the installation of for southern Yorkville, as prepared by EEI, consists of the following improvements: extension the sanitary sewer shall be the responsibility of YBSD. Any land area of a 16" water main from its existing location along Route 47, near Windett Ridge south, to disturbed by the installation of the sanitary sewer shall be restored consistent Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm With existing conditions follow construction)and will follow the e maintenance and monitoring schedule Road and a 16"water main along Immanuel Road. In order to move forward with the realization previously established by the DEVELOPER. of this plan, the CITY and DEVELOPER agree to the improvements identified below. Improvements identified in Sections 7A3�, & F., shall be funded as specified below and t Deleted:& 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 City Water Connection Fee required for the SUBJECT PROPERTY($3,700 x 598 SF units+ $3,171 x 829 MF/TH units)) to cover Deleted:39 water improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future development. Through the annexation agreement process, the CITY agrees to require future developments located.within the benefiting service area(as identified on �xhibit F2 to prepay all required City Water Connection Fees to full at the time of a rOVal Of Formatted:Font:Bold,Underline _-.._P P-y q_ ---_.-- ---____-_ __-.._- _ -. . --' Formatted:Not Highlight the first final subdivision plat on any property covered in said annexation agreement(a concept plan,preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property— i.e. if only 100 acres of..a 1.000 acre assemblage is final platted the city Formatted_Not Highlight ---------- water connection fees must still be prepaid for the entire 1 000 acre assemblage based on a planned density estimate for the balance of the ro ertyl or use of said improvements,whichever .- Deleted:annexation _P 1? -...----------------..P , 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 the CITY collects fees from future Formatted:Not Highlight development. in advance of the DEVELOPER'S expenditures for Said improvements the CITY shall"bank" said fees to be utilized towards planned expenditures at the time of construction Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining..expenditures as contemplated in this Agreement the CI'T`Y shall be entitled to retain any future pre-paid Water Connection Fees from the service 12 • Formatted:Font:Bold,Not area(Exhibit F2 in order to recover their re-allocation of Water Connection Fees towards these -- Formatted:Not Highlight improvements. 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 City Water Connection Fees to the CITY at the time of approval of the first final subdivision plat within the SUBJECT PROPERTY or upon use of said improvements by any portion of the SUBJECT PROPERTY, whichever Deleted:within ' (60)days of the occurs first,.�n an amount equal to the costs of said improvements but in-no_event-more than_the-,, commencement of�wrxion on said improvements total required City Water Connection Fees for the SUBJECT PROPERTY. The CITY shall authorize their engineering consultant to proceed with the design of the well and water treatment plant within thirty days of a request by the DEVELOPER and upon DEVELOPER.'s initiation of funding for design engineering. The CITY shall provide the DEVELOPER with a schedule for said design engineering date within thirty days of the first payment from DEVELOPER. 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. Deleted:and opwae The CITY shall allow the DEVELOPER to construct 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 -{Deleted:, 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 recover based on the service area and will be funded by Water Deleted. fe P g — ------------------------------------y Connection Fees pre-paid by future development located within the benefiting service area (as identified on exhibit F2) at the time of a roval of the first final subdivision Plat-on an Formatted:Font:Bold,Underline Deleted:annexation. The details of this property covered in said agreement or upon use of said improvements,whichever occurs first. _ ruapture will be established at the time of final platting/engineering. 13 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 not obiec t to.the_DEVELOP_ER}�tilizi the Deleted:WinalloW _ . _ i Deleted:to existing Route 47 right-of--way subiect to IDOT's concurrance. The CITY agrees to allow Deleted;e DEVELOPER to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision and utilize 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 101'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 approval of their first final plat of subdivision Deleted: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 City 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 14 Deleted:one(1)million gallon construction of a five (5) million gallon stand pipe, a,water storage facility or the NW Water -- ------- -- --- Main Loop extension. or some other solution that the CITY deems appropriate whichQ at a Formatted:Not Highlight minimum, adequately services the SUBJECT PROPERTY. If the CITY elects to build an . Deleted:one(1)million gallon elevated oversized water storage_tank (in excess of one million gallons) 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 Qly Water Connection Fees. Upon issuance of the 200`h 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 or twelve(12)months of receipt of funds for the final engineering design work by the CITY,whichever occurs later. 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 300`h residential permit or within twelve(12)months of receipt of funds for the final engineering design work by the CITY,whichever occurs later. 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 or with twelve(12)months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. Construction of the selected improvement shall be completed within eighteen (18)months of the time a contract is der Deleted:issuance of the 300m building awarded to the accepted bid---� d prior to_the issuance of an occupancy permi-for any, - permit residential land use. This improvement shall,at a minimum,provide adequate fire flow for all of the SUBJECT PROPERTY. The 501St 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 time a 15 contract is awarded to the accepted bidden, whichever occurs sooner. All im rovements °��'issuance of the 300thbuilding �.. ---------------_..-------------------------P----.- 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 one or mor�well sites. The Owners and Developers agree to_,"- Deleted:a --------------------------------------------- -p -� 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. The DEVELOPER shall be required to provide funding for said program upon application for the first final subdivision plat on the SUBJECT PROPERTY or sooner at the discretion of the DEVELOPER. The CITY shall be required to provide a timetable for completion of this program within thirty days of receipt of anypayment. DEVELOPER a<n•ces to provide ri ht of en to the CITY u on the ex ----- Said ----- - I Deleted: is that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY related to this program. The City shall indemnify, save and hold the DEVELOPER harmless from and against any claim of loss or damage made by any third Party 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 fifteen (15 months of the date the DEVELOPER provides the Deleted:twelve Deleted:2 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 16 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. The CITY shall use its best efforts to complete the ---- -{Deleted:C gconstruction of an individual shallow well site,within 24 months of the recordation of a_final plat ,_ Deleted:must be completed 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 - - -. ,Deleted:1 with a nominal capacity of 1,000 gpm (W), a 2,000 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 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 17 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_jspecific to the W/WTP/WM improvements)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 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 18 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. At the time of preliminaryplatting.the DEVELOPER agrees to submit an updated traffic study to provide data regarding internal trip eeneration volumes in order to verify design improvements required for internal roadways and turn lanes into the SUBJECT PROPERTY. Unless warranted by the updated traffic study,the DEVELOPER shall not be required to provide Deleted:z any improvements in excess of those specified by EXHIBrr 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 accordance with collector roadway tandards as identified in Exhibit F3 This improvement Formatted:Font:sold,underline y p --`-`--- Deleted:which require a 39'back-of- will be constructed in two phases. The first phase,which includes construction of Wheeler Road `. curb to back-of-curb roadway wian` The typical collector road cross section for from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47 will be Wheeler Road shall consist c i r � �l b' g � bituminous concrete surface course,4.5" bituminous concrete binder course and constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever 12"aggregate base course CA-6,with a typical parkway width of 20.5 fee occurs first. The second phase,which includes the bridge crossing over the N/S Creek Corridor Deleted:t 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 fast. Subiect to necessary warrants being met,DEVELOPER agrees to install a traffic signal at the Wheeler R.oad/IL Route 47 intersection prior to occupancy of either the school or commercial 19 property located at this intersection Fifty percent of the costs of this improvement will be recaptureable against offsiteproperties located at this intersection B. Walker Road-DEVELOPER agrees to dedicate 60' o right-of-way 1n accordance Deleted;a f/2 with Kendall County Highway Department's standards. All improvements to Walker Road as specified in Exhibit FS are estimated at a total cost of S932.181. These improvements will be Formatted:Font:Bold,Underline I Formatted:Not Highlight credited against the CITY's,total County Road Impact Fee.of S2320.302 ($1.626 x 1 43'� unit _. Formatted:Not Highlight as shown in Exhibit IL In no instance shall the combined contributions for Walker Road 1 Formatted:Not Highlight j improvements constructed by the.DEVELOPER and the remaining Formatted:Font:sold,Underline � County Road Impact Fees Deleted:. If this fee does not cover the paid by the SUBJECT PROPERTY exceed $Z 320 302 Road improvements for this roadway 4,. cost ofrey°ired improvements,the DEVELOPER has the right to recapture will be completed within twelve (12) months of the commencement of im P -t"rovements for +*��e. the cost of said improvements based on _._, linear frontage from benefiting properties. `Walker Road commercial parcel or within twelve (12) months of the approval of a final plat of Formatted:Not Highlight Formatted:Font:Bold,Not subdivision for anv residential unit that contains a connection to Walker Road. Formatted:Not Highlight C. Caton Farm Road — The SUBJECT PROPERTY is located entirely north of the Deleted: _ existing Caton Farm Road (the existing roadway is NOT located on land controlled by the Deleted: - DEVELOPER). The DEVELOPER agrees to dedicate any land that they own which is located within lift 5 feet of the existing enterline of this roadway. However, since the existing Deleted:forty —fix... - ------_..g - ...._.._ _--_.. - ----_- Deleted:40 --� roadway is located entirely offsite, the DEVELOPER will not have any required responsibility for the construction of future improvements to this roadway. At the time of final plat review for the commercial site adiacent to Caton Farm Road or Nei>hborhood 11 the DEVELOPER agrees to submit a traffic studv for Caton Farm Road to the CITY for review and approval in order to determine the improvements that will be required for this roadway. The DEVELOPER atrrees to pay their pro-rate share (50% based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Said payment shall be due the CITY within 90 days of the issuance of the Deleted:At the time that an adjacent ---... _._.. owner/developer or the MY improves this roadway,the DEVELOPER will be certified costs for said improvement that were completed by the CITY or an adjacent responsible for its prorata share(50%)of the cost of roadway improvements to develoyeL/property Owne r. bring the current roadway up to CITY standards(which includes two 12'lanes The DEVELOPER shall not be allowed to gain any access to Caton Farm Road from the with a a'aggregate shoulder)based on linear frontage. DEVELOPER planned commercial site or be allowed to obtain residential building permits for NH 11 until this contribution will be due improvement has been completed. 20 In the event that the DEVELOPER elects to move forward with this roadway Deleted:s improvement on its own initiative, the DEVELOPER would have,the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. DEVELOPER will also be required to lay their pro-rata share(1/4)of the traffic signal to be located at the intersection of IL Route 47 and Caton Farm Road(to be constructed by others). _Rayment will be based upon certified costs at the time of construction or based on an engineer's Fotmatted:Font:12 pt estimate of costs plus inflation (not to exceed 6% annum) if improvements have not been constructed within 3 years of approval of the final plat for the adjacent commercial parcel or Nei hborhood 11.,whichever occurs first. Formatted:Font:12 pt D. Immanuel Road-DEVELOPER agrees to dedicate a 40' '/2 right-of-way. At the time of final plat review for NH 1 the DEVELOPER agrees to submit a traffic study for Immanuel Road to the CITY for review and approval to determine the improvements that will be required Deleted:DEVELOPER agrees to bring for this roadway. his improvement shall be across the SUBJECT PROPERTY'S frontage_and_-- the current roadway up to crrr ---------- -------------------------------------------------------- - standards which includes 2-12'lanes with will be eligible for recapture from benefiting properties based on linear frontage. The 4'wide aggregate shoulder. The DEVELOPER will overlay the existing DEVELOPER will be responsible for their pro-rata share (based on linear frontage) of roadway with 4.s"binder course and l.s" of surface course. improvements that are attributable to development occurring on the SUBJECT PROPERTY. Anv recapture due,from other properties Shall be paid at the time of final plat approva>�for said Formatted:Not Highlight -- Formatted:Not Highlight property. This improvement shall be completed within twelve (12) months of the final plat _ .- Deleted:s approval for N4, or commencement of construction of the fire station,whichever occurs first. -" — — — Deleted: and 2 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 '/2 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 V of excess ROW required over 60'). Deleted:In no instance shall the ROW pEVELOPER agrees,_at their own expense, to construct turn lane improvements required_to--,,--- dedication on the stlEJVT PROPERTY exceed 60'from the existing centerline. serve the SUBJECT PROPERTY in three phases. The fast 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 21 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 first. he deleted:If the MY or another _....- governmental agency desires to initiate additional upgrades to this road(beyond scope of work and timefiames for improvements identified above shall be subject to any required turn lane improvements),the DEVELOPER will agree to undertake IDOT permits/approval. said improvements provided the CITY provides a credit towards Road Impact These improvements may be eligible for recapture from benefiting properties based on Fees or other MY impact fees that -- ---- would otherwise be due from this linear frontage dependant Mon the level of improvements that are required by IDOT Any—" p��' Said credit shall be provided in ��. �':,,, an amount equal to the costs of the requested upgrades. recapture due from other benefitingpropel•ties shall be paid at the time of final plat approval for - Formatted:Not Highlight said property erty_ Formatted:Not Highlight F.Dedication of Right-of-Wavy-Within 30 days of a written request from the United City Formatted:Not Highlight 1 of Yorkville, which includes legal descriptions and exhibits as necessary, the DEVELOPER Formatted:Not Highlight 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. SECURITY INSTRUMENTS. {deleted: 9 A. Posting Securi ty. 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 prior to construction of said improvements or as otherwise e_q uired by__applicable ordinances of the CITY. The Deleted: as are DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled 22 Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. 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 ueieted:�u approval of the as built plans and all punch list items. Public improvements may"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. 23 The MY 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 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 adjacent to the site and available for connection 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 24 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 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 adjacent to the site and - --_ available for connection.to this development, whichever is later. Any amendments, repeal, or :, ,- Deleted:available additional regulations, which are subsequently enacted by the CITY, shall not be applied to the 25 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 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 (6t') 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 26 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 Deleted:edicate DEVELOPER has agreed to donat 2.5 acres (with approximate dimensions of 400'x 275 ) in ,- - � .._ _ ... . ----- ----- Deleted:2 the SUBJECT PROPERTY for use as a City Public Works Facility which will include the water treatment facility (in addition to the two '/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 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"Il"upon approval of the first final plat on the SUBJECT PROPERTY and after the site app.-,.L 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. 27 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 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 which is attached as Xxhibit I2� _R leted:aatea x J — — — — Formatted:Font:Bold,Underlin 16. PARK DONATIONS. The total land area required for contribution is 40.07 acres" • Deleted: All Parties understand and agree that the DEVELOPER is satisfying CITY ordinance Formatted:Justified,Indent:First line: 0.5",Line spacing: 1.5 lines, requirements for Park Land/Cash Contribution Fees through the donation of 28.8 acres of park Tabs: 0",Left+ 0.5",Left+ 1", Left+ 1.5",Left+ 2",Left+ 2.5", land as depicted in Exhibit C1. To satisfy the remaining requirement of donating 11.27 acres Left+ s",Left+ s.5',Left+ � 5.Left+ 4.5",Left+ 5",Left+ 5.5", DEVELOPER shall pay cash-in-lieu of this required donation in the amount of $1,138,270 Left+ s",Left+ 6.5_Left (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 { Deleted: unless otherwise agreed to by both Parties. PROPERTY_ The CITY may designate a maxmman of 25%of cash in lieu contributions (unless Formatted:Font:12 pt otherwise agreed to by both Parties) towarLs recreational amenities that benefit the residents of - Formatted:Not wghlignt J the SLJBJEC`I'PROPERTY but are not located within or adjacent to the SUBJECT PROPERTY Formatted:Font:12 pt^_ _.._ .. Formatted:Not Highlight Formatted:Font:12 pt 28 The dedication and acceptance of arks b_ the CITY shall be made no later than six Deleted:¶ �---- -------------------------------- --�?---..-------p--------y------------------------------------------------------ , __ (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 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 CITY:agrees to accept responsibility for all_fine grading_and_seeding of all_parks_"-- - Deietea:oisaicc 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 CITY--with-a".-" `De's'n�n,M Deleted: means of construction access to the Park(which at a minimum shall consist of an aggregate�road_." " for use by construction vehicles to be designed as agreed upon by both parties),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 29 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 #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. 30 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 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 which is attached as,Ezhibit J2y Deleted.dated x t 17. FUZE STATION. The DEVELOPER has agreed to donate " acres_ in the E" ;esiguate SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire tower Deleted:up to 2.67 training facility on its premise. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. Additionally, the DEVELOPER will work with the Deleted: In exchange for this Fire District to rovide off-site stormwater management for the fire station. ---- - donation,the CITY agrees to provide a `— credit towards the Kendall Bristol Fire 18. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND protection Fee that would otherwise he required for this property. This credit CLUBHOUSE. During e development and build out period of the SUBJECT PROPERTY don io hazed upon the t the time land/cash g 11 P donation value in phux at the time the donation is made which is currently $101,000/acre. 31 (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. 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 Uit_(a neighborhood unit is defined as Nei�hborhood5 1-11 in their entirety a� , .- Deleted:n Deleted:u J illustrated on the concept Ip an �'xhibit C1� shall be issued by the CITY upon proper Formatted:Font:sold,Underline J 1.__ 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 32 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 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 Deleted:a N ig borhood Unit as the Final Plat and Final Engineering plans are approved by the_CITY. _- =}t ----------------------------------------------------------- --- - - Deleted:for each such neighbmbood is The foregoing indemnification provision shall,in such case,apply for the benefit of Indemnities for each neighborhood. 19. CONTRACTORS TRAII.ERS. 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 33 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 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 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 34 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 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 Deleted: U. include all of:apart of, or more than one NTeighborhood Unit. -' 24. DEVELOPMENT MARKETING SIGNAGE. 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) eleven 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 sales and marketing program for the Property,whichever occurs fast. All other signage installed and maintained on the Property shall comply with the CITY'S 35 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 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. DEVELOPER will be required to obtain building permits for all monument signs. 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 36 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 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 37 fagade 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. 30. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE .. Deleted:¶ 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. 38 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 vacation and relocation of such existing easements and/or utilities,however, all costs incurred in furtherance thereof shall be bome 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 bome 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. 39 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 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 Faun 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 up blic 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 40 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 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 41 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. , 7. CONFLICT IN REGULATIONS. The provisions of this Agreement shall t°elated:¶ 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 42 faith negotiation,both by principals and through counsel,and represent terms and conditions that are deemed by the Parties to be fair,reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any Party is required to, or may wish to, serve upon any other Party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid,addressed as follows: (1) If to OWNERS 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 (11) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,1160560 Fax: (630)553-7575 with a copy to: John Wyeth 800 Game Farm Road Yorkville,1160560 Fax:(630)553-7575 or to such other persons and/or addresses as any Party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111-15.1-1, et seq., Illinois Compiled Statutes (2005 ed.). In the event any part or portion 43 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. A Bement This Agreement, and an Exhibits or attachments hereto may be_ - Deleted:¶ ' — - - -- -- - '---- .Y 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 MY 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 Mayof 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. In the event that the SUBJECT PROPERTY is not contiguous to the CITY within; years from the date of this Agreement the ' Formatted:Not Highlight CITY agrees to provide the SUBJECT PROPERTY with all utilities and other services necessary to develop the propertv (which would otherwise be provided by the CITY if the property were contiguous) as allowed under the teens of Village of Chatham v County of Sangamon II 837 N E 2nd 29(2005). . Formatted:Not Highlight ..__.._..._.....---------.._-....---------- ----------------------- --------------.............------------..--------- 44 J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County,Illinois,at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the 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. hi 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; 45 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 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 Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's right thereafter to enforce such tern, 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: 46 A 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: 47 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 2/14/07 Exhibit C2: Site Data Table, revised 2/13/07 Exhibit D: Transitional Area Compliance Exhibit, revised 2/14/07 Exhibit E: Permitted Modifications from Local Codes,revised 2/13/07 Exhibit Fla: Sanitary Sewer Infrastructure Improvements, dated 11/29/06 and revised 2/14/07 Exhibit FIb: Aux Sable Creek Service Area Sanitary Sewer Planning(report by Deuchler) Exhibit F1c: Benefiting Properties for Sanitary Improvements (Ultimate Service Area), dated 11/27/06 and revised February 13, 2007 Exhibit FId: Sanitary Sewer Tributary Area for Recapture of Oversizing, dated 11/27/06 and revised 2/14/07 Exhibit F2: Benefiting Properties for Water Improvements (Ultimate Service Area), dated 11/27/06 and revised February 14,2007 Exhibit F3: Offsite and Onsite Roadway Infrastructure Improvements,revised 02/14/07 Exhibit F4: Road Contribution Fund Overview Exhibit F5: Walker Road Improvement Cost Detail, dated 02/14/07 Exhibit G: Current City Building Codes,revised 6/15/06 Exhibit H: Fee Schedule,revised 02/14/07 Exhibit I1: School Donation Letter of Understanding, dated 12/27/06 Exhibit 12: School Site Alternative, dated 2/14/07 Exhibit J1: Conceptual Park Planning Outline Exhibit J2: Park Board Letter of Understanding dated 2/12/06 Exhibit K: Project Signage, dated 12/18/06 Exhibit L: Sample Recapture Agreement Exhibit M: Design Standards, revised 02/13/07 Exhibit N: Right to Farm Disclosure Statement for Final Plats Exhibit O: Infrastructure Improvements for Commercial Sites 48 Exhibit A LEGAL DESCRIPTION - PLAT OF ANNEXATION (REVISED 11/28/06) 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 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 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 7: 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 ------------- ------- dwp11121100T 1D.ZZ00 AM_fraver.,1216199 PLAT OF ANNEXA , iON TO LEDAL DESCRIPTION THE UNITED CITY OF YORKVILLE r1mudiz A am CORA1111 111 NZ=C. OF Pahml pro no UJININ I.ma I f sections 1&17.20.21.2„and 33 NJ In Township 36 Harth.nongs 7 East of The IT W."PCIX on-m�W&M -Pl= of Meridian.In Randall County.Emb. PACE 4U Cle 000136�IMM 11 The 5oulfrood Ounder dine Nodhomal Domeier of Socigm 2t,TffmW*39 Hwft"agio I E15L OW W Fiat of Blair or K The wed Half:Rum Southwest Ouniffol sold Soclion 21 h The on TV of the hUM"o duacribed Them: 11,maw qW in Ctemossaideff The Sonflased coneral md SwIlismod NNW,BMW"W"We,thowad loselsold Socift"dChortor=-66-tho--nt E.dodyntangoold coumunmauffodwuWAmbdwAsel' 111,01 fal;losses Southerly doing whithfunumom ze al1D4dogmn0Bmfnulmff swKhWdemiodmansem medcmm%xbdmholwmkw% 35S71eak Ileum SmOBad*mbmpaldcwdm*IKWMdgWmiLnm*01228dopm4lmkdtbm42 .econdaVANiftWdftmxlbW=n MLiumdwwgwdodrwhmdmokmtIL7fife4U�Smiftuudy n1ang"Id tontadne,which loarm,mn=cd202dmgNaV;39 ninumes 25 secoWsvdkbdd.erObWDuman Am "A Immmangled 2BtdnwmU3mbmin44 mcands with losidscdod mesa awmwM cou.dm- I @UwWhm42MWt Is 4-ow Lunn described cause examined counforclockwhea guffshom7lLOB Immi;thince Eno"mines sold aded1miwhich gl�Met form an angle of 194 cle"s 68 achades 32 accaft w1b Lid describad am=mccoamm!comnlorclaclaims CUM=Samuel Uc timmalica.OL44 lost thence Steameassely staff s�McmMfte.w"kman anginal 1OBdopo 12 19 GUANIMOAMTIM=am"met 1111mila 19 mcandsvMbdduabWamn measonod cuunkrdodrwbaU*mkm 344.53 leatiftemov '11 of 116 dorm 82 inhales 31 .wlbw ==53.11 I fact 1honao Swdhmadody Mom now Caa1w1m% ohlcbhmminwqftof 114 deems 43 mades 39 xmWs Bob led desciand commom Tommoured 11 r.4 Lzrr am Irc Um"'If Cie am C;r a inmram T Twan"Candy.Rob. MUM CXNR P. a AMENT R TIM SMW=d OUNItIffal the SDUNMBM OUlafte of Became Ilk XW The MOM"001 the Na VMni OMdw&IW SCALE: I*a 500' Ties Sauthemad oagion atThm Haahwad Danford Soclan 21.INTot%lw"36 MOM.Rule Tiled atm.Third FjLr- RAM Or CMLKPCDW*t Pincipal Morkilon,lasmpen9tlhrettamtltd pro mlN0yd In Dwsmo&alUoMgo DIMOD6.Depwknwdcl To- I tfan by Wonady Deed minded May,0.IM Be Vocumad 902360L CUM Township ofKamdell. PAN, PLAct or fecc*nmea Itandol County,MnalL 2 0 5DO (m...1 W-MUMM 00TAIAM soG Q•.) arcono ourtaims: ALSIX cwn,lm r Am= 7MI pd of lea 9aah H.11d HaNdSocklen Ilk TownshIP31101-flitliamael HAAS MINWIRILtakonarklumehor OWN Raulm 47,Is Kom"Cantly,Nola LoNff0i CW CURVE c0ano INAxwo ALSO. of Wlir4r E 13M 2,P 0[01 TUrTLE MM IN IF we win an cum IN Pared one or a lnnuit"VAM W IF-39-7 AS MOKNOM M OCCWO IN The fourth TO acons arem wool thill*TIM flosihomod chuder of floation 20 Tafts*35 Wdt%Row 7 Easier nH IT I Ow Third Pilockpoll khWlmn feacolit a)that pot domad descidied n blows: To To IN I Ctummand"alumm,- Control IN lit Muhl Northeast Ducalor 1 11 Northeast otmortm VAM feet two pabd beghud"r.11 South aboalf Nald wool Im 2111.11 Took Ilminom ENd It atiliflitanglestasold lam.W40 fooL Know NoM at fight atom la thshiall dozallood towns.215.0 test 1 II IN of flumoo%Ved of righlorw4ead Ingo W dm3tbW come.554.40 find ko 60 POW d beginnimil.and to b)thalpint lmr;a dedbed no kiwo; Va.we MW ma LK amicia;opmes IF zoem U-3" 1-Lk IT" Quwbrlbo=gm&d"UwWasilmal=WNW$md Ar Dealer.250.0 fast liberics Smalall r1ohlanglas Is=woo gel,L-H.40(out Themos Naftat"WVIn kift looldnaodbod cocoa,254,111 led In Cho Hadh line of sold Nodhood OwNtec;lance along sold TIM*WM motm W NLKWU W-M MM UC Cr Ma LAIR PAr us or stem 21-11-7 or ZZMA301-lon", i 11 The West tbdallhsNadbmlOuadwalq-,", Mahlon fe-copi'lo,Ploft?D acres of saldWed Hatt do excelil 9VmScdIh 211 note of soldwest ft4inXemW PARCEL TWO Townew banded Comely.leads. NJ To (BURKHART) Pascal Th e 1 The NNW==a=IMMU7 6Wdftm In The Towaship of Kwelid.Kandal Counly,Illinals. ■ PARCEL P-1 Four. IN I - PARCEL To THREE Thai lad of go Vftg 11101 at The Soulared Ounflor of Section 21,Townshil:38 hicift Range I EmA lying r (TUTTLE) im. INg IN ONE WAR=or um 31-31-1 W BMW IM Similarly at the following drocilowd Ow (TUTTLE) I Covainuft at the southwest!cones.1 said Southwest Ounder thane Hadhinly MMM ff.Wor!11-1-11 W it Sounpand Guedw 18M.St led be two mMoOm althe MkIdlo Am Sablo Cmk(for a poled angle IS I ' 0I PARC I [' I a 4 1 o counim sommmured cou a Derakorn,I 1A I[set thancat adhody.1ong"lit fiawhichim, an z ,I I 1 4 it TW file 0 bbb 11 a I I A, 3W last tm=Soufto"y shelf salf mnb*m4%iekh lam onargist dZIS 41 odrailn 42 1 1 Vol I I/ Bacon&%&imiducow nwastromil counhadocivelso lmmfmm 70.70 bet then Smilhooshody mang (TU E) 1 9 1 911,11 M ar Be=IN or To so In q BE morompt late, .a Big wwa=g I said=ubdm which form an angle of=degree J19 ahades 211 *Nhkddenoba�ommand 1 10 ma"NA I man creasmIgm BS.j4;NNmmCa Somigaimady along aid MM OM mildch formosomegle d2GT v mm 770.7 B wwrm'ww 0 mm"21074 derm 03 Tolnutes 44 secondswils laid described camerso Tangoed counbschAvVI"111onsion,4M Wt W atm S®R-4XI-7 described course tnessamd mumtmdpavme twmfmm 75"loft#me$Enbgv a"Bold MWAL%tAch "Iffilt Jai, 7--- -- 2 ZF4r of 13" Wm an ongho at 194 dogais 69 inindes 32 accomb wililacol dowsbod cocoa inummod ?"d -5 throokome,111.441a finga gmignsided,dog maid Console..abich tonciam angl1m of 15%anginal 12 207m �.5lna8h W=W-31'. nfledes,19 socoods wfth Instdosonlimmilcounis removed caUnIfftclockwies Umdnmn 344M lookilmmon bee' -i aril'i damcabod mum reassunal cat"Owthm0notmi Umn*wn 15341 0j Q"Yet W which foom an angle of 174 dogniss,13 mbuku 39seconds wbhd doscigied Comm asamad awnWrd"%%*aftm&MMMU ka[Wft E01tiled of"MWNI"fgtgm W*Ncl%Wkmtmmdpbg Ownshow a.$oothady 3711.4111 fed at go Vh-tedy MIT 1-k me,ow"onel NA-V The W-1 OW 101-whikwe "mumalf laxonda-rownst*Xonad counly,111mob. ALM PARCEL lineelthe SM0211"Asalsold Sed A2%1"Konmr"*.MMIL FOUR RAMIK r (TUTTLE) I. Thai poot ollhe Northwest Deader.the South 11121101 the SMM*ed OUNW.MW the HUM Mid 1141 SMOMOI To Oustmor al In Section 211.Township 38 liarth,Resign I Bad ofthe Third Princliod Maddimm,OV Wastalf1he Wag hT, lam of The I"&BI Madm Unica Rowarmy Company iiaht.""per Dead onotdod F.bamy 20.1111112 In Book 66. Page 235.In Ran"County,MmeiL No ALSO: 3 IT Thai Woof Do Noddevaet amagor at Section 33.Tow 31 Nark"a I East tit Tom Thin!Pihm*W Modmaii, �IN or me lying Woo of The Wed On of ft Fat and Mmm Lldmm Rmillway,Compar dght-d4wy Par Used ad among 201olon Folimum2l.1912 IMBmkft Pop 285,ukon crimuss tdfcPbMP�PDA IRKOWa -10 It mlirw• 334. or 111331131 - I Cou" MIL 43 it"'Trw F ALSO. sac Thai W af:"w vfMTW Pit"TIUTTM :9 Y"gVWR-IdOmwnlkmalbe Fee and akrob Union Railway Ciarantrillilde"per MrNAL ALM Range lEnal of the Thief Principal!Meldbum,lokn or In use forwalkwitcad,In Kondal Counly,WMIL lip NORTHWEST QUARTER SECTION 28-36-7 (BIERMA) IN NO IMPROVEMENTS SHOWN HEREON NOTES: mm utsxwweam uamavlaaolr 79- 7 1.The existing corporate limits OF the United City of -"2 Yorkville are not shown hereon. On November 27,2008 We or it mummom-MRAB W'low"'S.1-1 a representative of the United City of Yorkville Indicated I that the parcels shown hereon are not currently NORTH HALF, contiguous to the existing limits of the United City of SOUTHWEST QUARTER Yorkvllle. SECTION 28-36-7 To (BIERMA) axe E AREA BREAKDOWN OR'Wa STAIS OF RLM Tuttle Annexation = 191.5514 Acres CDLWW Or W PM11L BE MOM IMMAL W&TRO:rCjt"WlKAL MM Burkhart Annexation 237.4154 Acres (1) 1 nm-I"swr*vc saillf.m mom CO"VINT ITS HAT OM MM Bierma Annexation 317.2000 Acres HAVIA11111 I "M.%T%S"WftffAt%#MIM Comm rmmmlAnm now.AL&own SKIM 0 Im Total Annexation 746.1608 Acres SOUTH HALF, M CMUC Far om mm My sees Mid VA No uVoty" 27111 IN SOUTHWEST QUARTER "T OF Haveam A.M.MM SECTION 28-36-7 (BIERMA) IIIAMNSCIF Frauscom 1 0 witan 'm Blum cry or winur BT omm WC or W missing waouwm mumn or mucrom NN-31- 11 msoosa 2 11/29/00 REMOVE BiETRMA RT.47 IL 1 11 20 08 REMOVE NMI PARCEL IL s 11em911'of 2571J'r 2/2/05 ISSLIE 71. 33 1,01icke" DATE DESCRIPM By IIIA1111110, NIIDIVM umm 1`RJEPARrD rOP-- PrA tAW n=DML TECHNICAL arm II/M/05 SURVEM •FOR BURVING RESTRICTIOIIS Alto EASEMENTS NOT SHOWN CONSULTANTS,INC. &"-a YDRKVILLL LLC. idalsmtlm NEREOII,REFER 10 YWR ABSTRACT,DEED,GUARANTEE IAIDORVInIORS POUCY MID UX&OMMICES. P no •COMPARE ALL PorNTS SWORE SLITL0111C AND REPORT ANY X lAnaatt DIFFIEFIENCE AT DIXIE_ Cr J. CROSS �� i+Itt rw r -• pr• r r ,vR NN,,}} 1 SCHOOL, 4 1 i d wcH 3M cxoDt. T. c \ \ • � 2e7.60 A „ �I•w kk 1 NEIGHBORHOOD 3 • '. �',,I ti-. 1 NEIGHBORHOOD 2 ID�,o90 BP.I9vY. /. 81N012 PAWLY 70'IIW.BWIE A 11.000 BI.Wv. =20 IATB v NEIGHBORHOOD it "•F•• 9,012 PAWLY .]IDT9 li P/N,71C 12.000 9.P.Illy. xle.ep b. md eoi78 t. _- \ FARA Mhed•r Rd LtavLed / "w••, rs un r z,0.80 Ac .# --� PROPOSED -- \�NE-IG BORHOOD 4 DL18N190t� �'Wv x- 9' f (pew •� � ' �>s fe e0n0 ,\ 32267 b x / \ � /u eIR H 2` Bvller Jp" iN P / w Y.Yµwpde tam hL m I' 11 I Plvo+\ I cFE:.k� om a SPACI 1 i r I r g __ __- • • NEIGHBORHOOD 6 8 PIYILY 7 vu t 92�lRp __ t' 10..000 m 9.P.W. !, IYYANUEL Te'm.�I+W ••1 ,. 7 I c61LLTEBY +� :s°si°,mic. 1 I V\\ �� L Y '0A. F, k :er ;:a 1 "`5 ' ••e....«e •.1 _. ,Ate .._ �I P.seuce 0 3 � „ OETEM'IOH W Jill OP9N w YCC g NEIGHBORHOOD 6 l P - [ I s 10..000 000 91..Wv. (s 7noAr1 ! t 1'- 591.60 b. OPCY�ACF it. x WALKER e w ROAD _ _- - �. . .�•� d PrepweE —r . t'i mo„wYi` / orA,. I Co,Wtxou p FJ fit/ / OPEN 9PAl't �'wr 26'IavE,cepe y A y � Butter s _.._.�.__..._. NEIGHBORHOOD 7 I _ - ---••�•..:1 J��3 1 �°t I � 1 mrtxxo101B \ J O.V. NEIGHBORHOOD B o°".,.e.udd D„dr,'.`o.. .,.n D.w.w.v Ars `'•»„R; _{ D.U. ;.r. .. 929 • o�d+ ^wei°'u•'e•0°'•'• NEIGHBORHOOD 10 o.m 12 0js5j°'' 91N018 Imm.T --`�_'�e 1' __i0,4➢D 91 1Dd--__ - Y.rlw.dau-wl 4.e•e I o.La.,i erls.+F-,mowAr e0 mw,-,w D.u,Ae.nw o.u.,vw Ar., s9aw NEIGHBORHOOD 9 i .,.i.. r ne Du .�dDe.-.m, ww ►� ;y e• ,�....„a..F FA�/O`De e,? o.w,-JmDU,Ae. ererrralleem •4, Ie ,i . _�� - r , suM NN 1 score: ws® � � r,rf Ju. i>� � 1 �s �� M.�, 4oru• I e�-----i ' t� f�'t ;�. ,9 411 Nm �..7 _ oPIN ee a 29' fI e,mgfvw x• � 4T�; F _- .i1 310. b �� 1 �•.I h�y< �� RN r .;s: pp y► Nx; �J.JoJa..�: rn v $6T` xM". ,w njy ,lw Ja, In ,f �. 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F �,,:, , ,,,_„?. ,,,,„,00:44 ,.. ) , .., ,,,,,,..,,..-. ,\I e I,1Y�.4r� I �� ax.� �� a2f'IppII h 7f 3w•j^ eAti.o\ Y / f_,,4.,..\,,, +,�yw-�. �,}'\ \� l!� �..�� YN�I s°ne;.°. .' 41116,4 ' ; *- •\'\!/IJ yea R.pk rl 1 ,Tc... 1 3 ..:\ ' • • Jt" ,---7--- ',1'-' -' f''- \ _77,,' 011\ `'L>C // :a wu3 _-\ I\ \, _ \I r �I�/ �^I I �` a'k , �'4 a it oa a .1,71"t1 J , t /r% \�,ir 1;,141, \'))/' a� \ Ili/itl �, �. -.� �w: 7�/a h - =''''''''''' ; ' ,.-_. _w w� iiil 3 "s J.,, �q a vt � • , __l^i mot-es4ci :11.',"4"61', 77,i...,_. r�l\OR .\ d _ fin, � .....M \\ <:. yy 1• rr RFIODD� l .,\�� e� r;* 5 __ tylma \�j� �,tF� /- ~ 01'`.\ice\il /I d 9 I V 1 . `.< WALKER.,,, R ROAD -- _ �.:._ �. r eae a w'°m Y 1 ,,,,,,,y,/z:. .,..,-/--•, , /,,,, :.). _s,..sr,-- �` 1 /�� •Il �r'�. ice tea I 1 .. �' � r�' r t \ ..4/ \ � ._'\ �.__•I� ,,j Ill` ''''. ' 7°- ..1\-lor) ' - -.ate ; otl. q ," ' r r.,:. , °� — �'6 \' 11 ! 1 1 7N; \;%-\, , Lr „ w t. m. 5114 — � _ � v\ '// `�'Z ; 1v 111'` ._ � � f�•• � , +_-^+' > )2 c- 'I, l'�111) ^ l - .w �� // . w . . 7 , �` g'I 1- rrs s ' illl aglas��/?,' \ � _/�'� :.i `. �-- , l +^;ki,f�,y., � w , m T„=„ , n 01,'�p. Sulwrirm Yes' 1,11. 444 w �1 )l \• x ..' 11 'e.. 1 9 /y� \\`III if +„ :r / \\\' ;1 './1 i/'i ' l ''' t 4#''''''''''''' ''' ' 50 1.34 ..w.�e.,. .,o.u...omeoonaae..� !' ` €`: i; �1--•( �!- • '�� '�j - � s- mq' M1 .,� in.... M ;`: '.,11, e.�. "� i.- •e i}- R «` * _ r, ) ,� ;!/ I / IN.' y!F e.a e a ��'`i t ' z ae � .E��.+-r-:-H 1 � --^.r. I ` tea'� =A. -'# R a' _ xx w. I xx , y a�s"'i u .., � �.a r � ��r� .. .:�I � 11",„..1 x i L1 3 32 imm ,.. �' �/, _,� ! `qq. .`\ 1 swp zu.0 unm ,r f "�/��' ; ii// ~ ( ill 111 �. nx, i c xn• vso i n n• "- �if , t / "�—�� ! I a'ra.o.P, Prqjj I, oOo r-'-�--'+ , 'rs vm. ▪ Aly('. , R� "pj II � ��; - ,) sum�e. C�11j 151, �� , )53 r .cam eo A. Pah Sitc ,.: 00 .n x p1 „«, m N $ I .� � -�- ,,-,. n ka _ 'r fi « ....wm a., S J tom,.. r I,,oe i 3m3 M P 2 Cr°°°° Land Use Concept Plan .-.11 loa.031'3-041 M. 4em A,t r,ss. 1 SEN LAND DESIGN INS r-+ em ee.a�rr�w 6860 Norll,Frontage Rood sidle 100 e Ixo. ,-3D0'I o `w,� Bun Ridge.IL 60527 Tuttle, Burkhart and Bierme Properties PLANNING•LANDSCAPE ARCHITECTURE 5517 N.C1mbMmd SuOG 906•Chlcugo,IL 60656 .,�_n� �w a (fico)ass-s400 Yorkville, Illinois plc 77176]332p Fac 7/S.76S.3773 Fina!plh,do,hgobdnet Exhibit C2 3103 -MPI-Tuttle,Burkhart,Kuhn&Holt Properties-Yorkville,Illinois server\dwg\mpi\3103\data\sd021307.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 2.50 0.67 Fire Station Site 2.67 0.72 Proposed High School Site 67.50 18.16 Open Space* 134.26 36.12 Residential 140.17 37.71 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 14.38 78 13.04 NH 2 11,000 Sq.Ft.Min. 80 Ft.Min. 16.59 7.76 43 7.19 NH 3 10,000 Sq.Ft.Min. 70 Ft.Min. 39.06 18.27 120 20.07 NH 4 11,000 Sq.Ft.Min. 75 Ft.Min. 22.57 10.55 62 10.37 NH 5 10,000 Sq.Ft.Min. 75 Ft.Min. 31.21 14.60 89 14.88 NH 6 10,000 Sq.Ft.Min. 75 Ft.Min. 31.50 14.73 88 14.72 NH 10 10,000 Sq.Ft.Min. 70 Ft.Min. 30.83 14.42 86 14.38 NH 11 10,000 Sq.Ft.Min. 75 Ft.Min. 11.31 5.29 32 5.35 Subtotal 213.81 100.00 598 100.00 Acres Percent D.U. Percent Single Family NH 1 -6, 10& 11 (See Above) 213.81 66.37 598 41.91 Townhomes NH 7 38.94 12.09 228 15.98 Courthomes NH 9 37.90 11.77 276 19.34 Multi-Family NH 8 31.48 9.77 325 22.77 Totals 322.13 100.00 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. I I War- , \ A / \yna15�. _� - -,� r :e.e�ia.. Y _ ' I _ 3 _.i�iV6lCR60R7700D j ��, ea L rr } afud / `-- z li r i / =�•�rc�oxuoocJ'ni \ : deOAe 14 " try s All aow, l,\ ` rn x 02_14-07 SU Attached Land Area Exhibit �ENLANDDESIGN,INS 0 6050 Sua Rend.IL 60nacre w{te ta5 Tuttle, Burkhart and Bierma Properties PLANNING a LANDSCAPE ARCHITECTURE sale t•�3op' Burt RWge.IL 60327 i��[� P (530)455-5400 Yorkville, Illinois Pk�775fiddS20b Fm 775787.5713 Osd}e17A* bdlw ' 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: 1. Permitted Modifications to Zoning Ordinance: a) Permitted Bulk Regulations for Detached Single Family: Yorkville S.Lot Tvpe 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) - Corner Setback 30' 30' 30' 30' Interior Side 10' 10' 8 min.one side. 10' - ' - -------- ---------------------------t Formatted:Not Highlight combined total side vard of 18' Rear Setback 30'. 30' 30' 40' b) 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 25' 30' --- Formatted:Not Highlight Side(Corner) 20' 20' 20' ---------- - Perimeter 30' 30' 30' Building to Building Setbacks Side to Side 20' 20' 20' Side to Rear 35' 40'* 40' ----- Formatted:Not Highlight Rear to Rear 60'** 60"** 60' Front to Side 35' 0' 50' ------------------------ _____ - Formatted:NotHighlight-� Frontto Front 50'*** 50"*** 50' Rear to Front 50' 100' 100' Formatted:Not Highlight Garage to Garage 60' NA A _ _ - Formatted:Not Highlight Notes. Formatted:Not Highlight *If the structures are arranged in any way other than a parallel arrangement,a separation of 33j--------- Deleted: .. shall be allowed at the closest point between the structures as long as the average separation between the 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' Deleted:2 Revised 211A(07 shall be allowed at the closest point between the structures as long as the average separation between the structures is 50'or more. 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'/2 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. Deleted:2 Revised 2/13/07 Samtaa Sewer System Deleted: .Pg S-10—Item 7 states"this cc -- -- -''- -- -_-- - overflow shall have an erosion concrete Pg S 16—First paragraph states_all pipe and ffttings shall be pressure rated in --_------.. curtain wall..." Variance requested to accordance with ASTM D-2241 and ASTM D-3139..." Variance requested to ad limit the concrete curtain wall to basins ASTM D-3034 after ASTM D-2241. with an overflow route adjacent to roadways,ofTsite areas,or proposed residential or commercial lots.¶ II. Permitted Modifications to Building Code Deleted: _Pg S-15—Item B states"the DEVELOPER shall be permitted a variance from the CITY requirement to hook- station building shall be a brick structure with conventional-pitched roofing and up sump pump discharges to the CITY storm sewer system. DEVELOPER paved access." Any pump station proposed within the development is and/or builders shall provide drains or positive overland lot grading to open space intended to be operating on a temporary or rear and side yard swales as set out and approved in the final engineering plans basis and variance is requested to remove for said development. DEVELOPER shall also grade the SUBJECT PROPERTY ¶s item.¶ so that sump pump discharges properly and efficiently flow into rear and/or side Deleted: .Park Development yard swales eliminating any possibility of storm water puddling on the SUBJECT L--an 1 PROPERTY. If for an reason puddling occurs as a result of improper adin Detention/Retention 3.6�xet`es"should -Pg l 1- Y P g grading Section 3.6.2 states"should detention or the DEVELOPER agrees to correct the grading upon notification of the problem retention ponds be part of the local donation,they shall meet the following from the CITY. Provisions will be set forth in the covenants and conditions requirements..."part c"comply with requiring the builders of each lot to comply with the terms of this paragraph. state statue regarding distance from ROWS." Variance requested for basins along a neighborhood ROW to maintain a Specific Provisions related to permitting and occupancy for model homes, 10'setback from the ROW to the HWL.¶ 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 Z4,of this Agreement and as illustrated in Exhibit K------------------- Deleted:x _ Deleted:attached hereto and incorporated herein Deleted:2 Revised 2/13,(07 I �i I.x TLs�L{�? .�•• '4s�- r c.:. 1 � ,�) saa:s k!'"` ,.' Fvk 5 sr ? ..•x�DtT 5Ty ? ..: { N. N t t 4 � "S ExjsnNt U ANH(P $} 1 41 99 ( [ #. ( 44 10-{NCN FMCEM411 OR 21"C?Ab)TY 1 SANITARY 5 WR W A4 IM'I:JVF L. 2 t EAS),1EHT Cal BE OFITANM AHQ CRANTM TO If 9.5D. tt 131 _ .. LEGM _. �Mr�tl5AHl4 aN01Xir$ttn 12. ,� � 3 ` i PtY � rntlsiwnttt wn�nrmnim�Nav; M �� ) g �#o#x Ax 4 � w . Y { ! m�NiT'T'NIIRY#�KN t 2.600 L.F_ 4 AMENT ROAD INGI CGRCLMAIN TO BC LpC41FD AN GA6, 134T QDTAIN€D DY tM YATM01 IL.RWIS 47 Pt" dF WA7 - s ° IGW4 ML:Br"a IL RTi 47 1`0 1.3D0 l I', . " I`2.' } eon r- calla P.Pr `w ! i,'=.'^..,j. i YtilRMdt ig11TNA.y.M11Nif YSI rw t{ f t} FURCG YATI YPYtaEl6l+i'3 w1N�HFp i#iI 1 h� �{i FUNFE.NL9TZWAjfA CpidC11CN'SY+TEY. E fi 6 ptU9F' 9CIr004 E WATER .4 �.. @LL! GRAD ''x,250 P 3j. t - STUO FOR FUTURE 3 } SIUH fi1H P11TNRE r,,, �, C01tNECTION(BY DTFiERa) {. -.. C(RINtI:IIUN(NY l)TNF,H�): ) h ae�i�eN � H0. S IIfR11 9 00 _. _ IT 600 LF sA ##i pf �EQHGI:3ANA1N—� BTGNBORNOb 2 BINrlF 4A T ggq 7:' 81rC.(E EAYUi?jt t2D 1 0T 2,136 LF &! ' d8 1.OT8 li "420 P.E. 229.2 Ae:- 7. i ,. Q -' UO G P.E. d t1C Nf?TGN90RNOOA 0 4 f 9 S' M 1IYIIPM BU16Lk F�YiIY L.P.. ( ( COMMUNITY •214 P.C. 78 LOTS j stt. ; T 274 P E c / 'y eib tT I.$25 LF 0 ftoAV 02 LOT 4( NTINT10M. 217 P.E. LL Nar c NL�'l[rHBUpNCloti 4 *. 22.F.L X%yj 9�a0S. �S :-�.bmcie raun[ Na.O �RPTF.NTION +,� - 24'INTERCEPTOR ^-_"'S 0 4,LF. FI '`r.-_ >- NtK:E MAIN ' s r .,,......,,io'r.M' r ..,...._._..,. ' 's. 1860 LF �_ a ..4. ...��.�,�..». s 1MMAnN2l ♦ N3d.7a An � � ___�....e..., ..�. i� � - t2dETEPT ti , e r �A' IN TF RCEP70R� �� - t �� III I. I Tarr �.i •rrr :�..�r 1 VER�urwli PUMP$TAnOFI .f 1 ! 124 WTERCPP?hRJ I .�,. 1 $1NE0.E FAMILr�pticnnoN ;2. t y' r .mi ... 9} '� Nd�cr18or1NOnn a �1i I 1 4- 2,01W LF,-f tl j I--a - i 1 S .v 3 LKE L i e y k 27�"8 N I # Parr y jjt 1 , roxswxcao COMMERCIAL. s « } � � 999##8 rolvnnorEe 345 P.E. a ovew OPAGfi± 27"SAN '{p 2,645L Y 1 � prT�NnoN t } `2220.11 > 792 P:E 4 � 7 { W AWIUMHORN000 F. NEtRNBORHOOO 14 rnrr5 D.U. ! 10"IN ILNC'Ep.T i :n. aulmr.r 2.r r 985 U.Y. iry j SETTER .,. 80 Lui# rr r _. _.. r rrr#pi' P.E. canFMOUte � € 1 278 P Y #. a if 9aa P.0 22"SAM � 1 .. !,780 LF .. { A I , 4�C�MMERCIAL 1 _ Il lx_} 1 I. THIS CON(a NTIJAL EXHIBIT IS PRELIMINAI{'1 nz PL i2 IMILNrEgFOR 1N NATO RL AND SUBJFCT TC1 H+tN(.L (3AyEn ON AU1A MONAL ENGUVFFRINI _;IUOIES AND g irnau FAmT INVL'311Q,AT10I9S, AND UPON FINALIZATION SITE PLANS. ,,.,, .,, ,.. r�rr rrr AD- - -+rip 1 1 r 2h"IN1t.1t.,LPTOfr� itI l CATOA FARM ROAD ?'fINTERCEPT©RJ t 2 MAINLINE SANITARY `st`A'ER ROUTE FOR THE AREA IS SHOWN PLR WALTER F. DEUCHIER ASSOCIATES IhIC. 40VFRALL PLAN: cr 18" ANn LARI;LN C'sRAVITY SANIIAHY SEWER AS WILL AS PUMP STATION ANO FORCE MAIN 11OW4 HERFON ARL uy -mE 1 p fORI;VILLE—BRISTCIL SANI d:ARY DISTRICT. �,x I ; Fe4ruaty 15, 2067 10, .46 a.m. AcadVat 161e10MS.1, r Oraw1n7: f Nrr; D1,21;L9.Ui1\&12\EAHiRIT\A :iATION\$AfAITAR'f;,OtIC17t.f)%Tf3 Fla. EXHIBIT PROJECT NO. _ 3125.0( COWHEY YORKVIL.L.E SOUTH POSSIBLE MODIFIED CONCEPT FOR BC) GUDMUNDSON INITIAL SANITARY SERVICE TO SITE DATE Y+t)RKVILLE IL, 410410_ CEDER, LTD. SCALE NONE REVISES 2J14/07 COPYRIGHT 200t) L Exhibit F1 b Aux Sable Creek Service Area Sanitary Sewer Planning WEDA Job# 788-06086-00 Any sanitary sewer service by the Yorkville-Bristol Sanitary District (YBSD) to the MPI development can only be served by a lift station pumping the flow in a northerly direction to the existing 24-inch ComEd Interceptor, which flows by gravity to the existing wastewater treatment plant. The objective of this study was to develop appropriate phases for constructing the necessary infrastructure required to convey sanitary sewage from proposed and future developments in the south planning area of the Yorkville-Bristol Sanitary District's present and potential Facilities Planning Area that will be compatible with the YBSD's current Master Plan. The first option was to evaluate the conveyance of sanitary sewage from only the MPI South development as proposed by MPI's engineers and determine what portions, if any, of the proposed infrastructure would be compatible with the YBSD's current Master Plan. Option #1 —This option includes sanitary sewer service for only the MPI South development as proposed by MPI's engineers. Proposed MPI development: (from north to south) Well Water/Storage = 250 P.E. High School = 286 P.E. Fire Station =21.4 P.E. Neighborhood#1 = 273 P.E. Neighborhood#2 = 150.5 P.E. Neighborhood#3 = 420 P.E. Neighborhood#4 = 217 P.E. Aquatic Center = 25 P.E. Commercial = 195 P.E. Neighborhood#5 = 311.5 P.E. Neighborhood#6 = 308 P.E. Neighborhood#7 = 798 P.E. Commercial = 345 P.E. Neighborhood#8 = 1,137.5 P.E. Neighborhood#9 = 966 P.E. Neighborhood#10 = 301 P.E. Commercial = 675 P.E. Neighborhood#11 = 112 P.E. �= 6,791.9 P.E. The total population that MPI is proposing to serve is 6,791.9 P.E. The total area of the MPI development is 729 acres, which equates to 9.3 P.E./acre. The proposed infrastructure for the Aux Sable Creek service area in the YBSD's current Master Plan was designed using an average of 8 P.E./acre. Page 1 of 9 The proposed sewer conveyance will be such that all MPI area north of Walker Rd. will be conveyed by gravity to a lift station at Middle Aux Sable Creek (hereinafter called the Aux Sable Creek Lift Station), and all MPI area south of Walker Rd. will be conveyed by gravity to a lift station at Caton Farm Road (hereinafter called the Caton Farm Rd. Lift Station). As proposed by MPI, all wastewater flows tributary to the Caton Farm Rd. Lift Station will be pumped to the Aux Sable Creek Lift Station via 8,200 L.F. of 8-inch forcemain. All wastewater flows tributary to the Aux Sable Creek Lift Station will be pumped northerly to the existing 24- inch ComEd Interceptor via 10,600 L.F. of 10-inch forcemain. The tributary P.E. of the Caton Farm Rd. Lift Station was determined to be 4,334.5 P.E. and the tributary P.E. of the Aux Sable Creek Lift Station is the entire 6,791.9 P.E. of the proposed MPI development. Using the above information, the proposed pump stations were evaluated: Pump Station Design Criteria: Aux Sable Creek Lift Station (MPI proposal): ADWF=6,791.9 P.E. x 100 gpc =679,190 gal/day=471.66 LIP Peaking Factor=3.12 Projected Peak Flow=3.12 x 471.66 gpm= 1,471.22 2pm. Forcemain Length = 10,600 L.F., say 10,700 to account for equivalent length of various forcemain fittings. Static Head=70 feet. Topographical distance is 60'; add 10' for wet well depth. With the proposed 10-inch forcemain: TDH=289.13' (125.2 psi), Velocity=6.01 ft./sec. Pumps are not available for this loading and head With a 12-inch forcemain: TDH= 160.17' (69.3 psi), Velocity=4.17 ft./sec. Could operate on one 100 hp pump or two 85 hp pumps at peak flow. With a 14-inch forcemain: TDH= 112.56' (48.7 psi), Velocity=3.07 ft./sec. Could operate on one 100 hp pump or two 70 hp pumps at peak flow. With a simplex set-up, two alternating pumps (each with a capacity of 1,600 gpm) could be used. The wet well would need to be a 7-foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 4.2 feet. With a duplex set-up, three parallel pumps (each with a capacity of 800 gpm) could be used. The wet well would need to be a 9-foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 3.5 feet. Caton Farm Rd. Lift Station: ADWF=4,334.5 P.E. x 100 gpcd =433,450 gal/day=301.0 Lpm Peaking Factor=3.30 Page 2 of 9 Projected Peak Flow=3.30 x 301.0 gpm=993.9 gpm. Forcemain Length = 8,200 L.F, say 8,300 to account for equivalent length of forcemain fittings. Static Head=22 feet. Topographical distance is 12'; add 10' for wet well depth. With the proposed 8-inch forcemain: TDH=265.74' (115.0 psi), Velocity= 6.34 ft./sec. Pumps are not available for this loading and head. With a 10-inch forcemain: TDH= 104.21' (45.1 psi), Velocity=4.06 ft./sec. Can operate on one 47 hp pump or two 30 hp pumps at peak flow. With a simplex set-up, two alternating pumps (each with a capacity of 1,000 gpm) could be used. The wet well would need to be a 7-foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 2.6 feet. With a duplex set-up, three parallel pumps (each with a capacity of 500 gpm) could be used. The wet well would need to be a 9-foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 2.2 feet. Service Area: We would recommend limiting the discharge pressure of each lift station to 60 psi (not including water hammer). As such, the Aux Sable Creek Lift Station would require a 14- inch forcemain and the Caton Farm Rd. Lift Station would require a 10-inch forcemain. At a maximum discharge pressure of 60 psi, the Aux Sable Creek Lift Station could potentially serve 7,450 P.E. (2.30 mgd) using a triplex system with 70 hp pumps. The proposed service population of MPI South is 6,791.9 P.E.,which leaves an additional 658 P.E for future flow. This additional 658 P.E. equates to 82.3 acres at 8 P.E./acre. At a maximum discharge pressure of 60 psi, the Caton Farm Rd. Lift Station could potentially serve 4,335 P.E.. The proposed service population of the southern portion of MPI South that is tributary to this lift station is 4,335 P.E., which leaves no additional ca aci for future flow. Future Development: As population begins to grow towards the potential 2.30 mgd capacity of the Aux Sable Creek Lift Station, the proposed infrastructure improvements in accordance with the YBSD's current Master Plan would need to be constructed in order to serve future development. Upon completion of those improvements, the Caton Farm Rd. and Aux Sable Creek Lift Stations and associated forcemains would be abandoned. To avoid increased costs and potential disruption to developed areas in the future, we would recommend constructing the portion of the proposed Aux Sable Creek Interceptor that crosses the MPI South development at this time. Page 3 of 9 Construction Phasing: Phase 1: Construct the temporary Aux Sable Creek Lift Station and 14-inch forcemain to the existing 24-inch ComEd Interceptor. Construct Aux Sable Creek Interceptor in accordance with YBSD's Master Plan across MPI South development. Phase 2: Construct all MPI sanitary sewers that will flow by gravity to the Aux Sable Creek Lift Station. Phase 3: Construct the temporary Caton Farm Rd. Lift Station and the 10-inch forcemain to the proposed 12-inch gravity sewer south of the Aux Sable Creek Lift Station. Phase 4: Construct all remaining MPI sanitary sewers that will flow by gravity to the Caton Farm Rd. Lift Station. Cost: MPI Improvements: 10,600 L.F. of 14" D.I.P. forcemain @ $115/ft. =$1,219,000 1 Temporary Aux Sable Cr. Lift Station =$ 600,000 8,200 L.F. of 10"D.I.P. forcemain @ $85/ft. = $ 697,000 1 Temporary Caton Farm Rd. Lift Station =$ 500,000 IPF Fee for MPI development=$3,660/ac. x 729 ac. =$2,668,140 Total = $5,684,140 All of the above items would be considered temporary infrastructure improvements by the YBSD and would not be eligible for the use of IPF monies to construct these improvements, with the exception of the following: YBSD Improvements: 5,400 L.F. of 24"Aux Sable Creek Interceptor @ $230/ft. =$1,242,000 14 Each of 5' Dia. Manholes @ $6,000 each =$ 84,000 1600 C.Y. of Rock Excavation @ $125/cy =$ 200,000 Total =$1,526,000 The above indicates that there would be approximately $3.01 million ($5.68M - $2.67M) of"throw away"money spent by MPI for the proposed sewer improvements. Page 4 of 9 Option #2 - This option goes beyond serving more than the bare minimum of the MPI development. This option is aimed to suit current growth and minimize the cost of temporary sewers and lift stations by laying the groundwork for the future permanent main lift station at the Aux Sable Creek Lift Station site. This option will have the same lift station at Aux Sable Creek as Option#l, but there will not be a lift station at Caton Farm Rd. Instead,the Caton Farm Road Interceptor will be installed to serve the southem portion of the MPI development by gravity to the Aux Sable Creek Lift Station. The proposed 27-inch interceptor will replace and follow the same center line as the MPI proposed 12-inch gravity sewer from Aux Sable Creek to Walker Rd. The 27-inch gravity sewer will then follow Walker Rd. to the east and IL Rt. 47 to the south to Caton Farm Rd. At Caton Farm Rd. and IL Rt. 47 there will be a manhole to accept flows from the east and west to capture all flows south of Walker Rd. and west of Penman Rd. As population increases, the Aux Sable Creek Lift Station would be upgraded to its ultimate capacity to serve the entire south service area of the YBSD. As Option #1 indicated, the MPI service area will be 4,334.5 P.E. south of Walker Rd. and 2,457.4 P.E. north of Walker Rd. for a total P.E. to the Aux Sable Creek Lift Station of 6,791.9 P.E. The proposed sanitary sewer conveyance will be such that all MPI area north of Walker Rd. will flow by gravity to a lift station at Middle Aux Sable Creek (Aux Sable Creek Lift Station), and all MPI area south of Walker Rd. will flow south, by gravity, to the proposed Caton Farm Road Interceptor, which will then flow north,by gravity, to the Aux Sable Creek Lift Station. As proposed by MPI only: The tributary P.E. of the Caton Farm Rd. Interceptor is 4,334.5 P.E. The tributary P.E. of the Aux Sable Creek Lift Station is the entire 6,791.9 P.E. Pump Station Design Criteria (same as Option #1) Temporary Aux Sable Creek Lift Station: ADWF=6,791.9 P.E. x 100 gpccd=679,190 gal/day=471.66 gpm Peaking Factor=3.12 Projected Peak Flow=3.12 x 471.66 gpm= 1,471.22 ipm. Forcemain Length = 10,600 L.F., say 10,700 to account for equivalent length of forcemain elbows. Static Head= 70 feet. Topographical distance is 60'; add 10' for wet well depth. To account for growth beyond MPI, the forcemain and pumps will be upsized from Option#1. Here are just a few options for pump sizes and forcemain sizes: 1.)By using a 70 HP Flynt pump NP3202 180 with 294 mm impeller: A. Using a 14" forcemain: In a simplex system: Peak Flow= 1,200 gpm, Velocity=2.50 fps. In a duplex system: Peak Flow = 1,600 gpm, Velocity = 3.33 fps, which provides for 86.5 acres of additional growth. Page 5 of 9 B. Using a 16" forcemain: In a simplex system: Peak Flow= 1,450 gpm, Velocity=2.31 fps. In a duplex system: Peak Flow = 2,000 gpm, Velocity = 3.19 fps, which provides for 364.1 acres of additional growth. C. Using an 18" forcemain: In a simplex system: Peak Flow= 1,600 gpm, Velocity=2.02 fps, which provides for 86.5 acres of additional growth. In a duplex system: Peak Flow = 2,400 gpm, Velocity = 3.03 fps, which provides for 653.7 acres of additional growth. 2.) By using a 105 BP FlygI pump NP3301 180 with 330 mm impeller: A. Using a 14" forcemain: In a simplex system: Peak Flow= 1,690 gpm, Velocity=3.52 fps, which provides for 147.9 acres of additional growth. In a duplex system: Peak Flow = 2,090 gpm, Velocity = 4.36 fps, which provides for 428.3 acres of additional growth. B. Using a 16" forcemain: In a simplex system: Peak Flow=2,000 gpm, Velocity=3.19 fps, which provides for 364.1 acres of additional growth. In a duplex system: Peak Flow = 2,630 gpm, Velocity = 4.20 fps, which provides for 825.1 acres of additional growth. C. Using an 18"forcemain: In a simplex system: Peak Flow=2,250 gpm, Velocity=2.84 fps, which provides for 543.8 acres of additional growth. In a duplex system: Peak Flow = 3,220 gpm, Velocity = 4.06 fps, which provides for 1,279.8 acres of additional growth. Using larger pumps and a larger forcemain, requires construction of a larger wet well. We recommend constructing a wet well now that will be large enough to suffice for the final permanent lift station design flows. The foundation and wet well could be constructed initially with a temporary structure to house the control center, generator, etc. A permanent lift station building could then be constructed as part of a future upgrade. Gravity Interceptor DeSiLxII Criteria: Proposed gravity sewers serving the southern portion of the MPI development must meet certain elevation criteria in order to cross below two existing creeks: 1.) Middle Aux Sable Creek to get to the Aux Sable Creek Lift Station site, and 2.) The unnamed creek at Caton Farm Rd., west of IL Rt. 47 Page 6 of 9 Also the proposed gravity sewer must be sufficiently deep enough to serve the tributary area between IL Rt. 47 and Penman Rd., north and south of Caton Farm Rd. MPI Sewers As previously stated, the 12-inch arterial sewer between Middle Aux Sable Creek and Walker Rd. will be replaced by a 27-inch gravity sewer (Caton Farm Road Interceptor). All other MPI proposed arterial sewers will remain the same. The MPI proposed arterial sewers south of Walker Rd. will flow to the south to the creek at Caton Farm Rd. YBSD Interceptors At Caton Farm Rd. the MPI arterial sewers will flow into the proposed Caton Farm Road Interceptor sewer running east/west along the southern edge of the MPI development. The Caton Farm Road Interceptor will be 21-inches in diameter to the west of the proposed MPI connection (to serve fixture development to the west of MPI and south of Walker Rd.) and 24-inches in diameter to the east of the proposed MPI connection. The proposed 24-inch Caton Farm Road Interceptor will then turn north at IL Rt. 47 and increase to a 27-inch sewer. This 27-inch interceptor will receive wastewater flows from future development east of IL Rt. 47 to Penman Rd. The proposed 27-inch Caton Farm Road Interceptor will run northerly along IL Rt. 47 to Walker Rd., then westerly along Walker Road to the center of the MPI property, and then northerly along the proposed centerline of the MPI arterial sewer plan to the Aux Sable Creek Lift Station. - To avoid increased costs and potential disruption to developed areas in the future, we would recommend constructing the portion of the proposed Aux Sable Creek Interceptor that crosses the MPI South development also at this time. Service Area: For the Aux Sable Creek Lift Staion: From the above mentioned pump design criteria, if the 105 HP pumps and the 18- inch forcemain are used in a duplex system, the capacity of the lift station will be 3,220 gpm (17,030 P.E.). The initial service population for this lift station is 6,791.9 P.E., which leaves an additional 10,238 RE for future flow. This additional 10,238 P.E. equates to 1,280 acres at 8 P.E./acre. All proposed gravity sewers would be sized to adequately serve their intended tributary service areas at 8 P.E. per acre. Future Development: The proposed Montelbano development is 157 acres, which falls into the acceptable service area to be served by the temporary Aux Sable Creek Lift Station. This can be accomplished by constructing a temporary lift station on the Montelbano property to pump directly to the Aux Sable Creek Lift Station and/or MPI development. Page 7 of 9 A smaller permanent lift station would need to be constructed in the future along Ashley Road, adjacent to the Aux Sable Creek (hereinafter called the Ashley Road Lift Station). This lift would serve the tributary areas east of Penman Rd. and those areas east of IL Rt. 47 not served by the east branch of the Aux Sable Creek Interceptor. The Ashley Road Lift Station would need to serve 15,688 P.E. (1,961 acres. @ 8 P.E./ac.). Although the capacity of this lift station ultimately will be 15,688 P.E., its service area will be limited by the available capacity of the temporary Aux Sable Creek Lift Station. Ashley Rd. Lift Station: ADWF= 15,688 P.E. x 100 gpcd =1,568,880 gal/day= 1,089.44 gpm Peaking Factor=2.76 Projected Peak Flow=2.76 x 1,089.44 gpm=3,005.36 2pm• Forcemain Length=9,600 L.F., say 9,700 L.F. to account for any elbows. Static Head= 30 feet. With a 16" forcemain: TDH= 105.58', Velocity=4.80 ft./sec. As population of the Yorkville South area begins to grow towards the 17,030 P.E. capacity of the temporary Aux Sable Creek Lift Station, the permanent lift station plan will need to be implemented. When the permanent Aux Sable Creek lift station is finalized, all remaining gravity interceptors will be free to be constructed to reach the extents of the Yorkville South area. To upsize the capacity of the temporary Aux Sable Creek L.S. to the permanent capacity, the three 105 HP pumps will need to be replaced with three 280 HP pumps. Construction PhasinLr: Phase 1: Construct the temporary Aux Sable Creek Lift Station and 18-inch forcemain to the existing 24-inch ComEd Intereceptor. Construct Aux Sable Creek Interceptor in accordance with YBSD's Master Plan across MPI South development. Construct arterial sewers for northern portion of MPI South development. Phase 2: Montelbano to construct temporary lift station and connect to Aux Sable Creek Lift Station and/or MPI South development arterial sewers. Phase 3: Construct the Caton Farm Road Interceptor. Phase 4: Construct the arterial sewers for the southern portion of the MPI South development. Phase 5: Construct future interceptors, Aux Sable Creek Lift Station upgrade improvements and Ashley Road Lift Station as needed for future growth. Page 8 of 9 Cost: MPI Improvements: IPF Fee for MPI development=$3,660/ac. x 729 ac. = $2,668,140 Total = $2,668,140 YBSD Improvements: 10,600 L.F. of 18" D.I.P. forcemain @$150 1ft. = $1,590,000 1 Temporary Aux Sable Cr. Lift Station =$1,750,000 5,400 L.F. of 24"Aux Sable Creek Interceptor @ $230/ft. = $1,242,000 14 Each of 5' Dia. Manholes @ $6,000 each = $ 84,000 1600 C.Y. of Rock Excavation @ $125/cy = $ 200,000 Total Phase 1 = $4,866,000 8,950 L.F. of 27" Caton Farm Road Interceptor @ $250/ft. =$2,237,500 20 Each of 5' Dia. Manholes @ $6,000 each = $ 120,000 1,100 L.F. of 24" Caton Farm Road Interceptor @ $230/ft. = $ 253,000 3 Each of 5' Dia. Manholes @ $6,000 each =$ 18,000 2000 C.Y. of Rock Excavation @ $125/cy = $ 250,000 Total Phase 3 = $ 2,878,500 Total Phase 1 and 3 = $ 7,744,500 None of the above items would be considered "temporary" infrastructure improvements by the YBSD and all of the above items would be eligible for the use of IPF monies to construct these improvements. Page 9 of 9 ,� i ;o•, • � t1�---'c.., r ,% i. Via-%`, °.� r! ' ,�� '-�.+ � C_. � —;,,� �,, �„_____ '�2 ✓"/ J `1 VIII ii- ,!. � i ! F- 6j 1~� `��....-. i i 1 / ] � % n n rJ i ^ ,/-�\V �' ,`...)`� 1( 5• n / t^ i,Z• y I ° i\ �., t� \_ ._ �J _/t1 .. ' i,'�-, ( t. 1 -' � �••-J 1�{ ,.C� .�v v '�. � I - �\ ! - ( �"� \' 'I -� -� n .-i�� 1`� c �1 `�I li ' _- . f - % ■�� --: c !' .,1/ 9 Iwl 1 �...•'1...� i \ / �� -- , � -•-684' 1 I AMEN? j 1 �. .~ \`/� I i�,` ° ., >o Ili, �.-..ri\ -S� t" '` ��1 -• 727 12 sC}!t ' B96 689 / ,: i; 76 •, •,667 ss .-•.-�� %\,>�-'� � �Gam- ,/'�^''�'% ��i I � `�� L �'1 ,s• �/'✓F `� ✓� `,( �: { \ j� "J L NZ 0 Sd� C EEK t{ L.i i O j { - ( s�1 sa R l ^\j As ¢ _ ^ J / % X vl\ \ + \ 6~' 6 \ i set i; I 4 --` =,.s ._� t/ 0' 96 ( 1 ASHLEY ROAD v I I • tl'\..-r� ^��+• ` ,. /..��.. TERCEPTOR f-"- •a: U'..,� i s. �fj. ry` I \ J t i �� ✓' (.% /� ,. 1 I •� , I r i s /'\ �, f r , i. /l A E DAD I I I �✓�� j c \ % ` �`� s=Wi=g I ti� I of \ i I% ;. LIPj TION I 21-24` � /"J �'� �.�- 1 ; - '-- 1 - --- 75 r -- -._._------- 668 fir- -�.._� -- -- --1 - -.--._ ij ,--. 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YORKVILLE SOUTH SERVICE AREA SHEET OPTION No. 2 n DA-,2/'3/07 JESGNED RC JRa¢'k RC SAL ac�govED JW: Book Sca.E NOKE uc Cvm.F:\vV\060cE EX�„E!i 71. 7c6/C60c6/0C a s . . , y r 1. .r. i az r { � � s , r P F ( f t r x F { r .,r � d x �, !n I r' � s ,;r ' r rr;r �✓f *� �t�r � Y t .• ,�r., / .r /'3 w rJ:w J r`. ,^ - J- fr r.' ✓ +; / f F Yr �, x y " r } "Y d r F P OJET SIT F F f / �( e° ` r x x K': y,r (.f,,. r .+ yr f`"t'� ,• e r X. / Y a X r J r 3 r f ✓ � Y , x r ' ° �niRllI®u® AAMIr`AI�1�•" {fir �� i '� � NOTE, 1, THIS CIUNCI-I'llJAL CYili@IT IS PRELIMINARY Il'I NA11,1121, AND SUBJECT TO CHANGE E'A;W oN AULiITIQNAL ENGINEERING S7i.)f)IEz AND IFIVt511GATiQIi AND UPON rINALl2r\liCl'! QF ,$IIE PLANS, 4, SERVIC17 AP? A DESIGNA110N DETERMINED fJY Reproduced with permliiaiu11 {if WAITrn F DLISCHLkf. A350GIATES INC. ii3s.;!_D Rockford Moo Puhli'Al"a, Inr. UPON t11fPRENT & FUTURE EPA BOUNDAP11' RuCkfutd, Illinois Yctl nary 13, a5etltrr.IG.1�QNS 1311) 3125.00 f;,i�vir3 r.`;r.AQIV\'1.'!49\Sli\EXl11EsT�NlIC�A itLYi\iA1UifJfY191A1A'i>'_'F1N.:(316) PROJECT NO. _ ONNE COWWEY YORKVILLE SOUTH SANITARY SEWER o�TE 11/27/06 m fQ GUDMUNQSON YORKVILLE, IL. ULTIMATE SERVICE AREA x S LEQER,LTD. SCALE NONE Cr "n j 0 . n v W > - t Y- r pp ? ♦ Y ,r r E4 rr m ^ r � v s .r ! f k zq `1r ,! s t r r : e , r' n ,7 d./ r 6 f v . l tc- / rt Y l x m �! a PROJECT SITE , a q , r x t , , � NOTES F r .� 1, THIS CONC{HTUAL EXHIBIT: IS PRELIMINAVY 11M1 L1UTLAIC NGBJECTNTO"CHAN i EIA5Lp AND n; W'LtSTICATIONS_. At-if) UPON FINALIZATIQN OF ` SIZE PLANS. RECAPTURE SUMMARY y AREA VUE'TO PPOP IIONAr S OF TRIOUTARY ARFA UPI SOUTH - SANITARY 5FWFR UONSIRUCTION FROM OFFSITE LILVLLOPMENT TOTAL AREA COST ALLOCATED TO PIPF(F,FIS 1M (Reran) (ACros) Ay 00 OFC`'u1TE V�CIPERIY 01"NER NQ, 1, 511— HI>ir 576.29_.. 1541 Bu.7D — r,�-� PROJECT SITE on 2(VEST) 1.tlr5' 57A,28 /2:57 ti.tl9 89N N� 3(GENif3AlJ '-OIXi'. .114.48 413:05 x54.45 '7i$ ,,: - , No 4 NTIAL) - b44' 226.115_. 107:5:, 383.65 '7�a f Y a ' Mo, 5(CAaT) 2.231` I po 575€1 .:,29;'20 N?i. 13(LAST) — 850'..-- 20tid 1010., t2f. 0. _.41)2.90 (MAIN)_ 53.SF4 199; 7 )AbS.ag. '9rc ,a -_NJQ. 7 '.-( LEGEND TRIBUTARY AREA 1 578.28 Ac:. r / TRIBUTARY AREA 2 111:7 Ac. . P , TRIGU IAKY AREA 9 = 161 7 AC. - rn - o-6 u, r c� 3rn.w _ a PtQTe5, Reprnrlus tl with pernuasksN of .' •� .. � : x Rcw,kford MuR Publishers, Inc. r.erurr 15,2W7 lu:am±e n,n A'.dwr.14,44(u1s T.-h 001 x\Fwem,�AnNCv��ans+rnru,_A1us_owsACCOwl,(no) Rocktorci, Illinois. Cr F1d. EXHIBIT PROJECT NO. 3125.00 ^� Immill COWHEY YORKVILLE 'SOUTH TRIBUTARY AREAS FOR 00 GUDM NDSON SANITARY SEWER OVERSIZING DATE 11 , 27 0fi A YORKVILLE IL. Q M N L.EDER LTD. SCALE NQN€ REVISED 2r14/07 (G1 C0P'(P1(_',HT 2005 + ° - s, , R s �i y x 4 z t r , . J, � r77-" , J� r' a i , : ULTI AI, ` E Avxdt' , r , ,f K 5 ? x, n F p�ROJ.ECt. SITS. t; J•` � -CRC1S5 NOTE; t SCHOOL • THo; cmt:l_llj Lxniair t$ PRELIMINARY IN NATORt ANO nun..CEd 10 CHANCE EASED ON ADIAHONAI GNC I FERtNC STUOIL":i ANIt RIVE 511GATIONS, ADDITIONAL TOPOGRAPHY, Tt� FiNAL17ATI0N or S17C I'1 AN H, F it; AL1. PROPOSED ENGI 1L Etl"dG S"111111tLD.C).TAhh[S IYE�JD;1L�� ARE �UOdLCT i!} 6t1F APPROVAL. � f „sAr. ALONG, L. .....__...- _..._-._, t -I fl ' THC TYPICAL ROAUWAY 1M1 ROVLM[N M ARF To PEI REVIEWED � f � - { "� 1. t•OLINTY HIWHAAY 0i.P RIVLNT ly IYPICAL WALKER ROAC1 CRUbS :LCIION SHALL HE IN fi AGGCTf�I)AN[:F WITH THE KENDAL COUNTY HIGHWAY DiCPAH iMI N l OF ICN STAND?RDS wuRK R Ht1MFSTEeO PROP115FI1 111014 SCHOOL l f IIIL ULVLLOPER ACRFF TO itE'DICATE b:U' UI HALF � SITE RIGIT-DF--WAY (120' R16iHI OF -WAY VhIERE THE xe7suAc. 1 +; r [)EVELO!"ER C NT OI:S 110111 OLS OF WALKER ROAD). TYPICAL IL, RT. 17 TIi0'.t4 ;iFf;T1QN SHALL BE IN s 3l NFrCHRORHOOV 3 C a (• SINGLE FAMILY 1a7:MRDANC,, WM-H THE ILLINOIS ULYARIMFNT €1� d + j"( NEIGHBORHOOD / 10000 IRANS ORTATION MPARTMirNT DESIUN S IANDAREM 00 AINC.LC FAMILY 9.F.MA. LCI NEIGIiNORHV OO T 11.0tl0 E f NO, rD Ml.wmm _ l�- 4 SINGI F FAMILY' :'®0'Mi..Width THE tJLVLt QI')R AC TO DEDICATE .00' OF HALF'L � 49 LQT[ &006 A,, 0 RIAT-. 74,000 S.F.MIn. I +t$$0 Aa 2 RIGHT OF-`NAY 4V1'1LfZE AVA1i AE3!.E I 'I A., Ad 70 LOTS I ROAD QDU41UN1TY M _.._._ .._ _. ±70.74 Ac. / 1 N%� 31aaa a /• J NEIG ULk 1 8000 4 2s 1.Yn...r• SLNGL[t•AMILY ~^ �'• 4upN M , !� - f ��aj1 Ii,WU dl.min `oei Ut ��air to'MI A.width ' AQUATIC t I G[Nt[A R reluol 1it' ` 22.51 AU. t sA.YYA.. OPEN PACE �' •'� 1 7�1 �+ (y +�0.�b A. t'nMME[CI! HEIENTION """ �r' N., nal �•y Li.. \ �1��9ErEllildtl� -- '=4 f I eNw ar: 1 II t. bit ; •�,�.. �{ } 14r Ft YAam .. TOTAL OF j' f Txuh 1 Un4 "��-~'•• M!$SPAC[ � 1 1 4 I __ NEIGHBORHOOD 5 :CEMETERY 91N0LE FAMILY itAMANUEE 1 10,000 S P,Min Ir Min.Width t i. 4Sr ES Ldld t i. I lOf 27 At.. T I i r on et� t uti[�Ir44�i la, 11 ii LI t ti Nr[GHeTURHDOD 8 -'`�; t ' 1 5111GLL FAU40 I 10000 S.F.MIn. i I 0., AP iON I 75'Min Width s t 0 0-0 is' 291.•V�AO. t I t L ---=- 1 1Y[N sTACE "r y i a, 11 ;I - _.ALICER - - ----- ut¢rY rsar.YU•t _. -. OiT N t:OUS CONCRETE SP _-W UACE COURSE .......... 149tti.YlR.Cn•1tY7 iF A'"lnEtt 1710-1191,r ... .•..•.•• ��• :O'AOE,gcGATC 00.E CUUR_ (CA-6 GtOt E Rilt LA HIC PIALY.O At SUOGRADE 1.5 URFACEJ•i tt 4n••V G .`/}/. tlY11Yt O'1otm"2,5 015.•Q&I _ w ]U 00.56 t0 011 L30 - rea TOTAL I COMMEPCIAL 1' 1 hdlL: tflL SAML VAYLIdLN UOI+4LUUNlU ALL ALSO UE ME'. OPEN SPACE. '121.04 A, PftOPO5cO ThVS.PIE SFAUC.TVNAa NOUN Its 7tIrL d4 ikE- j e11.7$ki. i _I Q SAMt a 0T it n.E,x;Stulc:5 UIu.FKn o.,,Il VUNn ncws DETENTION TYPICAL NEIGH6ORHOOD ROAD CROSS-SECTION ROADWAYS) CROSS-S,ECTION_., i t0A0aAe. I t ,z y To n.4.rr_ s NEIGHBORHOOD T 4.' as J 0 ttr �'• . re } I TOOT NEIU T MOOD 8 MULTI E } 1 6"P.CC: .•� � :Px_r .:'! ,"�` srz^�wasx SRS VU, niDEWALK ""f ttrcT tr w.7ur.Yt NbIGH.Le rAM LY to } LtS.ti rRC iti f+1711f.11NLtlti t-fN(rF L INi}pLt iUfl-C r, tt1Nf.Ef FAMILY 1 A O 0 7 AI N..US GOt GRC tE OItiOCR COURSE 10,000 S.F,Mln. i y Af4QLCATF OAS[(hirfi (CA-D, Ttl'MIA,Width CEOTCV%E FAUR.Py CLO AT S10Rw05 F 1 I SS Lm, � I• IttrAnr.-i 5 0 0. 06 pip 190.97 Ad. r g RM E§_ s,5•0.11.149. NOtf• 'f+ES+wC PAt¢:4x 0.1 W 20.j s a$5 NEfCHHOHHCIOU .9 t t ENT SECTION Rs"U;im PALL At.O a tI•"_ = _ GGURTIIOMES 0ITWG 0 t iL/;TIC STRUCTURAL NUNO=!tS NIL o TI IS ; SAY.C,OR PIE 01STING VR,P!C NQ nSCO CON0rna1,. _._ - - r• 'rUU.U- T97.VO TYPICAL MINOR COLLECTOR ROAD CROSS-SECTION FOR INTERNAL ROADWAY �,�... - - ,� w got RQ r� 0 5• n'tl tj �,., 9o.r ;, --�jt�a,,,4 \ OPEN SPnce ' 1 :-.I,e, � � IA +A r- C •t; t t �1 440W Ai. 1 1 dttLNI1tIN ��.1 t �.� �q�? h11u..1 •i�•4xtr.ly S F l C'. .1 I I -\_SICEwu✓. f I •e •�f Cw " t mJrik. / VIP Il n a PAD€, ! j ^:....uo I..m Mea r:'µ7,1 �1 t-A]UM N RJti I:I NI.hR IY NL,FjT At h l C lrt'rR 122'•'i Yf1L'.�_-- I ( /\ k5"t.tuA,NOU.S CONCTiC 01,101-1'CCURSt r/ ( 1' •'-y t9"ACCRLCATE RAE CO4RSC Ct 8 ff IY E� '-�±I-• I t t.CU7 1rT lP.CAMC PIALFO AT SU)AYAUC. YT7fJPl�[1a1Fa li _ cr 1 5 U34 AC['-1 5 0.40 PC - mom 1 f w --.--+ I +5 0NDE11 45 U9.5 .S it[I.mui 1\ \ N--.-.--1 p..F 12 uAi i2 011 t 771.1, NOTE- 711E SAME PAKIAENE SECTION R£4JRS0 WLL ALSO 0 TE L� ' •[ PR:IE Loft Mpg 1N vt f7 1RA1 ,iot .RS fill R Tr!( 7_ . ye w 2 SAV£FOR MC 1-t,#511ftG uG 7`*'E nRf:NUU0 G Wt,,l.ri5. C Y J' CATDN FARM ROAD i TYPICAL COLLECTOR ROAD CROSS-SECTION FOR WHEELER ROAD _ F3 EXHIBIT PROJLCr No. _ 3125,00 __ 31 ?5,1.1( COWHEY YORKVILLE SOUTH ROADWAY• _.. (7 t DATE 11/27/ 6 6 J GUDMUNDSON IMPROVEMENTS WON SEDER, LTD. YoaKVi��rr, IL. Sr.Ai_E NONE 2/14/07 CC-) COPYRIGHT 2005 L Exhibit R Exhibit F4 INITIAL PRELMNARY CONCEPT BUDGET REVIEW FOR POSSIBLE ROADWAY EMOVERIENTS ASSOCIATED WITH YORKVILLE SOUTH 'ORKVILLE,ILLINOIS Possible Approx Unit Gross Cost Recapture Price Extension with 30% Gross Cost A. Immanuel Road Improvements 1. 100%Existing Bridge Widening/Modifications 1 EA $ 300,000.00 100.00% W/3D% $ 390,000 Total Potential Credit Toward Roadway Impact Fees $ 390,000 B. Wheeler Road Extension 1. 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 Aoquatio Center to West Property Line 3,300 LF. $ 270.00 100.00% W/30% $ 1.158.300 Total Potential Credit Toward Roadway Impact Fees S 1,189,445 C. Minor Collector Roadways-Onsite 1. M!nor Collector Road through Site adjacent to the Aquatic Center and Neigh.4 700 L.F. $ 255.00 100.00% W/300,9 $ 232,050.00 2. Minor Collector Road through Site adjacent to Neighhoorhood 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(eastAvest street) 1,500 L.F. $ 255.00 100.00% W/3D% $ 497.250.00 Total Potential Credit Toward Roadway Impact Fees $ 1,723,800.00 TOTAL ABOVE POSSIBLE CREDIT TOWARDS ROADWAY IMPACT FEES 3,313,245.00 _ _ NOtE _ _ tcru'sox. too't7imer FIrt1 IMPROV WALKER ROAD IMPROVEMENTS: 5UIM 0 UCE T jXNI 3ITA S�PREUMINAPY IN NATURE AND ON ADDITIONAL ENCINEERINO 45'(EX3 •cn'mw Now ofoluAmYd.. - WEST OF WALKER ROAD 3,640 L.F. x 52421L.F. : $630,880 STUDIES AND INVESTIGATION5, ADDITIONAL TOPOGRAPHY, FINALIZATION OF SITE PLANS, ETr- ALL PROPOSED ENGNEERING j�'"� <-PaoP A�It.RL EAST OF WALKER ROAD 908 L.F. x $242/L.F. - $219,010 ELEMENTS ALONG IL. wr. 47 AW SMIJI(A TO 8701 APi*oVAL �} 16 r', SnO�UE1 I`14 4 r .A 4: TRAFFIC SIGNAL 50% x $150,tl00 :+575,000 + TIIF T'{PICAL ROADWAY IMPRnVEmENT'S ARE TO BE REVIEWED I 1 s`WEP f50X COST OF WALKER ROAD) WITH LE1.0 I. AND 1tF,NIIAI E,('lUNTY 1IIhHWAY DEPARTMENT' * SUBTOTAL 8932,690 Fx. €x TYPICAL WALKER F2fJAIl (:Ft(?5 5I(.TII�N :SHALL BE IN COUNTY FEE 1,427 UNITS. x $1,626/UNIT : $2,320,302 ACC0RI)ANCE WITH THE KENDAL COUNTY'HIGHWAY u, o NET FEE DUE (COUNTY"FE£ WALKER ROAD IMPROV.) DEPARTMENT DFSIGN STANDARDS, ¢ rms1wr PAVEMENT OV6n1AT $2.320,302'• 8932,890 s 87,367,412 1.5"DITUUINGuS dG)CAcTC Sunme COuRLC o X z/4°LDVEUNC 61NDER M OR 5972/UNIT IHF IIFVEIOPER AGREES' TO DEDICATE 60' OF HA�� w FR4P03C0 PAVEkiCNT NTDEHING -- RIC,W l OF WAY (12CI' RIGHT-C)F-WAY Wl IERE THE 1.e1 ommmOu®CMICRETE WRFACE'C©URS4 DEVELOPFR CONTROLS P.OTH 'SIDET, OF WALKER ROAD}; 4 V unkmomous rwxuerE ea+I*R("ar.iKst .12' 11"LUA IL.WASL.1Y*, L CA-6. ANY IMPROVEMENTS REQUIRED WITHIN IHE 120' ROW Note, ME.YAW PAVEMENT -SLVIIM RE011114LI)V11LL ALSO 6£ THI'. OF 1 47 WILL NOT 8E INCLUDED FOR THL PROPOSED. nty T11E STRUCTURAL NU140CR5 v4LL UL Tiff- IMPROVEMENT COSTS OF WALKER ROAD. SAME FOR THE E?IISnNr VS THE PROPOSF:6 On„clTIMS ...__.___..... .,...._..,_. +60' 1/2 mo.V DESIGNATED FOR.PERIME'TER R040S ALI:?NG FRM4TAC,F OF SITF. PROPOSED. WALKER ROAD GROSS SECTION TOTAL x E OPEN SPACE ±12.51 Ac. � DETENTION tt3.00 Ac.) � 1 NEIGHBORHOOD 6 SINGLE FAMILY 101000 S.F. Min. k E 75' Min. Width I 1 88 Lots ±31.50 Ac. ,' 4 TOTAL OPF-N •SPACE ` ± 07 Ac.' 5 Ln 1 d DET. m IN1LK$ECTION 10 HAVL (tZO, Ac.) I FULL IMPROVEMMENTS - i Existing 90' R.Q.W. o ESE Sf-NAL ILELI `� - `-'- R.O.W. Proposed'6o 1/2 0 = =' w § _,�__ -s._ T - i'r,;-"I PROPOS-FD iMF'RCIVFMLNTS d 7e s 4 I ��'2,640 L.F. OF. F�ONTAGE ALONG WALKER ROAD I''°' REOIIIREU CrIJE TO WALK FR R i ROAD IMPROVEMENTS WE$T OF ROA � 1- ,. VALK L Park 1 ±13.00 Ac, TOTAL I 1 OPEN SPACE � '. COMMERCIAL , cc ±18.70 Ac. ±23.40 Ac: ry DETENTION 1 •! i-H6.00 Ac.) °_ 1 TOWNHOMES N � 228 D.U. ±38.94 Ac. 4 1 • T � s NEIGHBORHOOD .7 4. 1 : w 1 rM $pr. MULTI-FAMILY I ° i 325 G.U. =r -+31;48 Ac. NEIGHBORHOOD 10 SINGLE FAMILY' .I s , 4 �y�y 10,0 00 S .F. Min... I PROJECT NO, 3125.00 ,9008 COWHEY YORKVILLE SOUTH FS EXHIBIT 0;0 GUDMUNDSQN YORKVILLE, IL. WALKER ROAD IMPROVEMENTS' GATE ~, 02 14/07 4110M LEDER, LTD. SCALE NONE t:;OF'1'Rl(aH 1 2005 L 1 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 2of11 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 `) 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 international-mechanical 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 5 of 11 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 6 of 11 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 7 of 11 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(2 10 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,NFPA,Delete: "70-99" Insert: "70-2002" (Ord. 2003-08, 1-14-2003; amd. Ord. 2003-32, 6-24-2003) 8-2-9: 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 Section 602.4 Occupiable work spaces. Insert: October 1,April 30 (Ord. 2003-09, 1-14-2003) Page 11 of 11 Revised 6115106 +-------- Formatted:Bottom: 0.81" Exhibit H United City of Yorkville Fee Schedule Fee Type Fee Timing of Payment Fire District Development Impact Fee $1000/SF&TH unit,$5001 MF unit Building Permit (Note: This fee is riot"locked"by this agreement.) Commercial fee varies between$.10& $.15 per square 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.Im act 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 a en. 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 Read Contribution Fund Full waiver er ec. 8 of agreement None Deleted:as provided in Cc unty Road Fund $973/unit($1,626 per unit impact fee minus Building Permit $653 credits per unit(per unit share of Walker Road improvements as,provided in Formatted:Font:10 pt Sec:.8B of'A reement Yorkville Bristol Sanitary District $3,660/acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not"lockecr'by this a meat. 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 $3,660/acre At time of IEPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not"locked"by this agreement.) Y13SD Yorkville Bristol Permit Review Fee $.50 per LF of 8"diameter or larger sanitary Due at permitting. (Note: This fee is not Iocked�'by this agreement.) sewer or$800 minimum(whichever is more) School/Park Land Donation Donation made per Annexation None Agreement Deleted:01 Revised 2/1 07 -�------------ - - --------------- ------------ --Page 1 of4 ,., United City of Yorkville County Seat of Kendall County 800 Game Farm Road est tact :.� Yorkville,Iflinois,60�60 e , Telephone: 630.553-4350 Fax: 630-553-7575 website: www.yorkville.il.us E COMMERCIAL PERMrr FEES Pertnit/Platt Review Building Permit $750.00 plus$0.2D per square foot Plzta Resew Based on building size(See Attached) Cpntribtttln� Development Fee $3000.00*-See Attached Ordinance 2004-55 (Increase in Bristol- eadall Fire Protection District Fee) Wsttr!$ewer Sewer Tap See Attached Ordinance i196-11 Water Tap Water Meter I= 9VVaerrCormectizFe 1;. $3,700 1 1/2" $4,000 2" $5,000 3" $8,000 a"" $15,000 6"and larger TBD Watea Adeter H=E A4 CtCrSize Water Meter Price 1" $ 485.00 I i§" $ 790.00 T, $2800.00 3" $3550.00 4" $5420.00 6" $8875.00 Engineering Inspections $60.00 Inver Crossing Fee $25.00 per drain unit. See attached Ordinsace!'7-1 l *"Engineering and Landscaping review fees will be billed separately. **Please cat the Yorkville Bristol Sanitary District for sanitary permit fees(630)353-7657 �e�etea:of ) Revised 2/i 07 --------Page-2-of- ------------------ ----- A, flew Construction Per Unit $350.00 plus$0.15 per s.f. B. Remodeling Per Unit $175.00 plus$0.10 per sl C. Detached Garage Per Unit without Electrical $50-00 D. Detached Garage Per Unit with Electrical $100.00 E. Temporary to Start Construction 25% of U1 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 Nor Warrant ALL OTHER USE GROUPS —A. New Construction $750.00 plus$020 per square foot B. Additions $500.00 plus$0.20 per square.foot C. Remodeling $350.00 plus 50.10 per square foot D. Ternparary to Start Construction 25% of full permit fee, not to be applied to the ftffl permit fee E. Temporary Certificate of Occupancy when Requested by $200-00(non-refundable.) -the Builder when Circumstances Do 1+Iet Warrant NO U.- Building permit fee does not include the plan review fee.for the "=uhiple-family residential use group"and"other use group"categories. The plan review fee will be based on the schedule following the permit fees. Plan review fees to the inspection f=will be paid at the same time as the building permit fee. A Deleted:of Revised2/L4/97----------------------------------------------------------------------------------------------Pagg 3 .PLAIVREV EW1* may vary due to outside consultant's,fee schedules.) BVILDING CODE L Building Size Fee I to 60,000 cubic feet $355.00 60,00? to 90,000 cubic feet 5400.00 80,001 to 100,000 cubic feet 5475.00 100,00!to 150,000 cubic feet 5550.00" 150,001 to 200,000 cubic feet 5650.00 over 200,000 cubic feet $650.00+$6.50 per 10,000 cubic feet over 200,000 REMODELING PLAN REVMW 112 of Plem Review Fee Listed Above ELECTRICAL,1VIR CRPi.IITICA1.,OR PLU M AING PLAN REVIEW ONLY 1/4 of Fla Review Fee Listed Above FM DETECTION/ALARM SYSTEMS .$115.00 per.10,000 squ=feet of floor area FIRE SPRINKLER SYSTEMS Number of Sprinklers Pipe ScAedule Hydraulic Calculafed' Up to 200 $250.00 $500.00 201-300 $300.00 $575,00 301-500 $400.00 5775.00 over 500 $450.00 $850.00 .PLUS,for each Sprinkler over 500: $0.60/each 50.95 1each ALTERNATE 1'IRE SUPPRESSION SYSTEMS Standpipe $175.00 per Standpipe Riser (No charge with Sprinkler Review) Speciali2ed Extinguisher Agent or Other Chamicat Agent) $125.00 per 50 pounds agent Hood&Duct Cooking ExiLgguisher Agent .5150.00 flat rate per system. NOTE. If any plan has to be sent to an outside consultant other than the inspection firm,the outside consultant's fee(s)will be charged and thal fee paid directly to ttte outside cotaut, Deleted:01 Revised 2/1 07 ------------------- - ----------- --Page 4 of 4 .., 02/02/2007 11:47 6305534398 YORKVILLE CUSD 115 PAGE 01/01 Exhibit 11 Y014RVtT= CO"VWff UNIT,SCHOOL WSTRICT #1 IS "Positive AtlVWm Create Success" Administrative Service Center 602 Center Parkway,Suites A&B Dr.Thomas D.Engler P.O.Box 579 Ph.630-55343$2 Superintendent Yorkville,Illinois 60560 Fax.630-553-4399 tengier @ yorkville,k12.il.us December 27,200 John Crois,City Administrator United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 Re: MPI#6 South Yorkville LLC- Schoo!District Land Dedicaden & Cash Contriba&ns. Dear Mr.Crois, This letter shall confirm that,on behalf of the Yorkville Conomunity Unit 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 Iand 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 firture school site expansion for the benefit of the School District. This will also further confirm that at such time as the School District is ready to commence construction of a school on the dedicated school site,the School District will submit its preliminary site plan to the United City of Yorkville for engineering review. Please let me know should you have any questions. Thank you again for the City's continued assistance in.this matter. Dr.'Thomas D.E er Superintendent -ft is the mission of the Yarhvifle Commn*Uaif&Awol lhstrid#115 to pmxwe each want to be aproaudive citizen in the world that he Me wX shape by providing or edreadon that chagmges each 1ndl*Wd, uNffzirge the rr.4oarca of an lnleracave,eevwmible com uenrky." 1 �D�1EN�IfON� , 2.6 Ac.j *3,11A1., . ATTEIT - I SI dgL.E } 130 D.0 $. full 5'4r i i N I PROP - i ; NEIGhiWRH00D 3 ` scxasL , �' / I I J ,\'' `U`FI fI \\ GLE < '\ i / r, -SITE \ 1r71D 1 i I NEI RH�OD. \ 1, ( , SIN S.F. Min. Ac .\ 10 000 F. Min. .�! , \ •, (i SINOGZ ES$ 1 I /4 11 F( " I; I '; \ (0' Mln. Width i j;- c Yl�l i ail r l �r ) }OO y r� / o ' \ 120-LO AS / — 554.+o NE'IGFI$ARH4ODf 1 dt ' II� �' ' .q.5876' ... "SINCIIE \ g'c /� - �F.IRE .._.- —1d;00�S.F. in. •` �.g \STATIO - _ 7 78 I, A PARK RROPOSED , sD. _. p rt / J00 OF RE •- :; f `� \'lr.11iBOR1tIOO!! ulEa r GCL�F Y i J / 11,000 S;F. Min� dth DETENTIO n V(AT_1C i"' uraTS '1roR,' �r�oo rR Y_. 690 _ r\CR u�itERiaue+lED :•� f22�7\C., / }fi.6b Ac. \ l / LIMI agREM"TED i ui t / , l -- - t - ''-T TAL ,oD rR WsE •� WerLANn z ` ^ ` I - I PEN kPA OTAL- ! I p -- 00 Yeer Floodplein I 1379 0. 1�1ERCIAI Oi ' - �••••. OPE�'3PACR � \/�' / _ �... (� 1�� #13.00 Ac. \ •'•.(to ditch O.Wrliae),. I ...!i Ac. ) i RErENNT1ON 1 26.28 Ac. - \ Floodplain-. ••V .�. 11- -Ii (� I / I \ 17.10 Ac •"..,•. \Y' !' '' I' TOTAL .� Sou of.C'reek •,,�•'a•y '(topditeh Cwter6a ..A / •••'°� J ±30.03 Ac , IGBORII001? 5 . l I I u MO .F. • 75 in- 89 Lots' #31.21 Act .:\ 1 117 ad lain - ��: J TOTAL % s tr. lam'' OP N--SPACE o°i --- r 12.51 - � 1 I -N9IGHAN9R f00j SINGjEf F Y— 1115' s r,;.I dt ` 75 Min.:`W idt 84 to a '- - 0 A \ s eero7' ,w\ --\ DET. ` 'I. x .ate Cr I , - 1 .bb/3103 R•Naoae Frontage Rood Suite 100 02-14-07 Water Taw Site MP I School Site Alternate BEN Dab 12-18-06 6660 North LAND DESIGN, INQ soar. ,•_200' Burr Ridge, IL 60527 Tuttle, Burkhart and Bierma Properties PLANNING•LANDSCAPE ARCHITECTURE • •e 5517 N. Cumberland, Suite 906-Chicago, IL 60656 (630) 455-5400 Yorkville, Illinois Me 771763.3320 Foc 773.7613325 Emat)m.IDWW globd.ret 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 J2 �? United City of Yorkville w En 1636 County Seat of Kendall County 600 Game Farm Road ,4 !0 Yorkville,Illinois 60560 0 ��i n p Phone:630-553.4350 sw r y �� Fax:630-553.7575 V L E February 12, 2006 MPI #6, South Yorkville LLC Moser Enterprises, Inc. 401 S. Main St., Suite?? Naperville, IL 60540 Attention: Ms. Wendy Yaksich RE: Letter of Understanding Dear Ms. Yaksich, Pursuant to the ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT between MPI#6 South Yorkville LLC and the United City of Yorkville, a Letter of Understanding from the United City of Yorkville Park Board shall be documented. Please consider this letter as that documentation that the Park Board has reviewed the language in Section 16 Park Donations and confirms its support of the donation as described in the Agreement. ely, Mogle Director of Parks and Recreation cc: Park Board `S,r 1 ?�.. t iJ SY"',!l, �'1 � 4 Y � 9:; :sy 1P , 5'�,? r. I'I i. ++� '�.I ,' •�I N f I t- ff,i 13 r+�.•`(^, 'f',.1'.£ i1 e ,.<E�Y ..y, f 2 r ,, U I G� .i� �'� 1, Y s `•S..l�j i. ? i t a �y. `�j, t � '"3' v ,,tnr, �'I `'f n, „t v�.,.. v ,?`• :'r{ -4 a, 1 f. <`{,..:w I^' V',';':.,". `F ttttb a �'t t<.,S,i- v s� ;;tt :4 ;'t✓' :r ',.�Ot n, 4. s y.y<,..�r E t!, � ,'f` j ,+ -b i .0 �L;y.,, i>>�( "�? '�� ,y 1° :,xt\ er L ( y;: '3Y!\ 3 ',)"�,i')(, �v'"x`"' h• 'k".'l,{) � �'an, I�kt(o,•F\ If i%'r •A tY 17 1 s F ti 8`r`: {'j,' P.t3k�1�'t. t 4i:. i i r t IDS k2�t k e i ; a 3 f F � y; ' 4 2d', '�,''!i+y.<.Y tt ,. - •, 7 •Cy` q"�$1. � p�` �b,;".F,?�"'fti r��,t%.�'�F.. .�j� °y s�4 a,• �'"h .;r� ';a ��r, s� tp, ( t l�a� r I,CY ''f,�,`yE�u .�.k fl ,`5'�fh, \�wti��r.�i.,. �rE '*��`� � ��Uhr e >ln.,� <dKz��>:+'` �• ��'� .,i �' ,rf�'� :ti,i �ti ).��'+ t y ,j � ^ •A�Sy �'.,,� �(�z tr 5 t +�pCla�s�� ? 'OVN � �`•i•` , '.il �rs d +" }5�r}„ 1 ' �{(R v,�'�. i��c�,r`��/y��c+,lox,Yn�J�•�»G��I',�Fj}i�} � 11`a r" }.. `�y' v, �•a�`i� um 11 p. i s U 9'S"" ��er e S{*1tp�' �{')S�kt 3 1 - r r dt�t'%,:,, .Y� i+ ., •i i � �' ,�'fie�v r',��'` � Tv � euE:, _. ��,�c 't�. ;f '= t ro a,_::.�, - ��1. (IN ,! ..`.e1 ;:i Z• a, Gr, k. \ 'c \Ye:' n may! •'q�a ' i},1 i ' ! 1'`i ,i 3l -1+c y, o+' 5 r b h.. I • - 3 1 t ;Y.CF G rYFG I' a Ikk.', r: �� I� r' f r� •.. u}\ �a M ,Ssa �' If Z r } 1 StA ;S AabT ♦ w P1 aGot ! 5 q,;t :�, A� }°4, i 4= t a6raf + txttr 1 rn, t t,;i -4 k tk`r r PROeoND y SCKQCL I efs. • ..`. •` I �v �Ri°k. 'i'3l5 s 1 _ - -_ _._ n.w b. -- ..-- e�a ,("•+Lp c ,,, /4 a• ni 6. yp NEIGHBORHOOD 9 J NEIGHBORHOOD HO0D E I .0- Y.m. ' 11.000 S.F.Wn. .� ,. NEIGHBORHOOD 1 e0'um.width I iewD.De01 oA. J r' S .r►! $• ®xati rAY6T Sr. 1eM— P.1m. 43 b. erfi 1. w'Dfo.Kwu. al ,n 1 14 t� F :a4Y Ae. re . ..J PARK .1Y s�V'R'•' 1 k �j{. t :. w;. AfD.w - lee, ( }� 1 — NElC ORHOOD I, • �- Sp r"hs''� \io..v / \ — y�/ � �r�gia � I Dl,tl°. I f�, r��.L,-� e Y •+�� 1�7',��,n 44 oP B \ I m Yw ro.aw. t••: \ I ^,l,` WW9WAUL 1 •'1 UMAL .OM SPACE r _ y E � NEIGHBORHOOD 6 �aK rw1D.r , 10.000 SY.Kb. Tb 7 w W.�q�1 ' � >0 w leMM V tlytr is'� � ,fi�� `I n 2r ��y� `�• r! 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S,r � �� ^+k�r...wi_?v'!r+�ll�' � ; I i x.��^r,.•'�1_r�• �4��} D t:air ROAD r;-':' lx, aPµ r �.;•y� '" R�rlr e '� � tvip�1I� +k,c' A � 1 id l VAA...111 7 rs)1 aY.C�y gvr�'y Qy�I.lt. y� �Iy t F ff c ti r z9 commwlN' ranucuL 'I` AP.rf<t / ueo�4De AW.W 1A w•uea.a.P. Y 1 1 Aeei- Dun 1{ �r {a � tt1'r rs,.�f.s�Jwq' t�`.t)1,t� x`Nlla. {;�t y I NEIGHBORHOOD 7 far i zee D.k 4r fa t erli{w 'r Fa � ICI 1 t•`�,� ��I Hl�,�E 4m a 6 ihrtnrN;'e°4F 1 A tint a1,,, GHBORHOO ,�i_�.I ♦ 1 « 1 v t >� is FT1'k t 1 NEl DB {{ ! Mr: i:2" 'C}� C L *t ao. V { =FK� "nt, -;�,?V rF ,.� j� � � Ate.• su.4e b. ,yr,�, � � � h J r ' ^ t { 1 1 t NEIGHBORHOOD 10 swD¢FA=Y •L b: LO.uva B.r_1D..--- 10'Kw.Dud.-- NEIGHBORHOOD 9 ,• twuKrlfofm Tj I •�,I :3x.00 Ao. fK�a ( C � � 1 i n, •fee na�.4i •W°„'° I �� r .��i �ul� z 4 .t � Y• �1 . Ij�re'�" :, p �.,M.. !k_, ••- � � '�.k i0.� •s K hs v�:. oekB SPACE w 1.wo.w� ` t i�� y aiM�sr� t • A r` t, .eke y +fir �; 1. ^ti �• \ v 1- � j �i Sea-a slF w k ry f` t Y 1�, !',� a� • >�,� U�•� �� I I Ddx. ��? 11,4° .,.. _ ., ,1 _ •...;.. ,. �,.tv�;::� v t 1•� � �� r � �,ar t it (may +� t v /j �y��,, •� �+tID"t 't1 ",e">s �"',•' '.y .��' I{ `y x'fD..eum f•'� Neighborhood Signage I I i 4 r Primary Location oft4 A, Secondary Location x 3H i F xe 0 310.7 R••wa,• M P I t.12-10-05 Proposed Signage Exhibit LAND DE� M 6660 Nidg Fr IL 6 Road Suite lay Tuttle, Burkhart and Bierma Properties PLANNING•LANDSCAPE ARCHITECTURE Soar. 1'�J00' Burr Ritlge,IL 60527 P (630)455-5400 Yorkville, Illinois Ph,7.7 Cua Few;77 Suits 90nt im.1and IL 60556 Ph,7/J.AaI]TO rDK nad67.arts f,DOk pnlalMs6aga6olnel r-'r 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, 11 60540 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. Severabilitv: 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 or vie ou Yorkville South Design Guidelines Revised 02113107 1,111 lilki .mpl JOINT VENTURE . Y Y ,-4��' �.,. ��`��,yf �• � A r :�`�. S."w� :t i? t V 1 TCiy,;.:' _ - _ �� 2. �� it.rte �-��1 f.�-... tt!•~ _�,'Tr. .� 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 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' u x. U Hrdl_ iri et iiii 'lei i" .. r F1iN��•. °o,._a iii-- me-a 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 f It .T E 3 A . asoeel�, Vol ._ 0*410F _ 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, combined total side yards of 18' Minimum Rear Yard................................. 30' �R MM nry °° �%-44� .r .—dill ft —CIS ems"-"—o a F 4 LE- i r. 4,Y - . t � f r, 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 th 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. At BIT — - ke a' €Ca as OW 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 ti they are, in the sole opinion of ARC, essential to maintain the design of the Dwelling. Skylights are not permitted on front roof elevations. 6 Garacies 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 r 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 fagade 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. as xx uir, RexmEx� 1YPICAL Mn WE 's ii M%W 9 ,W f i � Standards for Attached Single Family Homes and Multi Family Housing Architectural harmony should be established among structures within the overall Yorkville Soi development. Similar architectural styles, details and materials should be consistently appliea. 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 — 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 _ 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—40'* ■Rear to rear— 60' ** ■Front to side — 50' -Front to front— 50' *** -Rear to front— 100' *If the structures are arranged in any way other than a parallel arrangement, a separation of 35'shall be allowed at the closest point between the structures as long as the average separation between the 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. There shall be no minimum lot size or lot width requirements y� 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 El FS 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. L 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. ➢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 Y2 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 '/ 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. )o-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 fr 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 color change, material change, plane change&the incorporation of display windows&other archetectural details to articulate - building facades. Jk MZ,.e �I, 14 Materials and Color Any exterior building facade 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 facade 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 facade 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. . _ These photos illustrate the use of cornice detailing and other architectural elements(such !� �s as the incorporation of awnings,wall plane changes and architectural banding)to add 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 tile work and moldings, integral planters that incorporate landscaping, outdoor patios, or wing walls that incorporate landscaping areas and/or places for sitting. y rr G � xa 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. a+ MI v A2' Photo left: Entry way detail. Photo above: Inclusion of pedestrian access _ throughout commercial development areas. -. :.. 16 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. OL Above: Perimeter Landscaping. P 9 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 W, 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 tr requirements of all public agencies having jurisdiction over the project, including but not limitea — 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. `,CEO G/Ty Reviewed By: Agenda Item Number 0 00 Legal ❑ Finance ❑ EST. ', 1 ` 183 Engineer El Tracking Number J ; ,o,i City Administrator ❑ L . O Consultant ❑ ��', a '1' V Kenaon cowry <CE �� ❑ City Council Agenda Item Summary Memo Title: Sunflower Estates—Acceptance of Property City Council/Committee of the Whole Date: COW 2/20/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: John Wyeth Legal Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007- ORDINANCE ACCEPTING CONVEYANCE OF REAL PROPERTY (Sunflower Estates Open Space) Whereas, the United City of Yorkville is considering enacting a Special Service Area(SSA)to provide funding for the maintenance of open space areas in the Sunflower Estates Subdivision. The open space areas are owned by the Homeowners Association for that subdivision. Residents of the Sunflower Estates Subdivision have petitioned the City to enact the SSA, and the Homeowners Association desires to convey the open space to the City to facilitate the City's maintenance via the funding provided by the SSA. Whereas the United City of Yorkville has taken up, discussed and considered the acquisition of the open space areas by deed, said open space areas referred to above and specifically described in the attached Exhibit"A", and Whereas the Mayor and City Council have discussed that it may be prudent to accept title to said property described on the attached Exhibit"A"to facilitate the orderly maintenance of the open space, and Whereas, the City Council acknowledges the need to examine the status of title prior to finally accepting title, and directs staff to ascertain the status and determine that title is acceptable prior to recording the deed. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that a. The preambles set forth above are incorporated by reference in this Enactment. b. The real property described on Exhibit"A"is here by accepted by the United City of Yorkville subject to staff and legal review obtain a final determination that the status of title is acceptable prior to recording. c. The Mayor, City Clerk and staff are authorized to engage in those activities, and to take such measures as are needed to accomplish the acceptance of title in furtherance of this Ordinance. 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. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Reviewed By: Agenda Item Number J`� ��► Legal ❑ - '0 Finance ❑ M. 1836 Engineer ❑ City Administrator ❑ Tracking Number x! `20 Consultant ❑ �C�c-7 Human Resources ❑ / ALE City Council Agenda Item Summary Memo Title: Sunflower SSA Establishing Ordinance City Council/COW Agenda Date: February 20, 2007 COW Synopsis: Companion ordinance to the acceptance of the land by the City. This is the final step in enacting the SSA, but would have to be approved subject to the expiration of the 60-day window for objections. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion on Submitted by: Bart Olson Administration Name Department Agenda Item Notes: F&L DRAFT 02/05/07 ORDINANCE NO.2007-_ AN ORDINANCE ESTABLISHING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 (SUNFLOWER ESTATES) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. Authori . The United City of Yorkville (the "Ciff") is authorized, pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the"Act"),to establish special service areas for the provision of special governmental services in portions of the City and to levy or impose a special tax and to issue bonds for the provision of such special services. Section 2. Findings. (a) The question of establishment of the area hereinafter described as a special service area (the "Special Service Area") was considered by the City Council of the City pursuant to "An Ordinance Proposing the Establishment of Special Service Area Number 2006-119 (Sunflower Estates) in the United City of Yorkville and Providing for Other Procedures in Connection Therewith,"being Ordinance No. 2006-155, adopted on December 26, 2007. The establishment of the Area was considered at a public hearing held on January 23, 2007 (the "Public Hearing"). The Public Hearing was held pursuant to notice duly published in the Kendall County Record, a newspaper of general circulation within the City, on January 4, 2007, which was at least fifteen(15) days prior to the Public Hearing, and also pursuant to notice by mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area. Said notice by mail was given by depositing said notice in the United States mail not less than ten (10) days prior to the date set for the Public Hearing. In the event taxes for the last preceding year were not paid, said notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A certificate of publication of notice and evidence of mailing of notice are attached to this Ordinance as Exhibit A and Exhibit B, respectively. Said notices conform in all respects to the requirements of the Act. (b) At the Public Hearing, all interested persons were given an opportunity to be heard on the question of the establishment of the Special Service Area for the payment of any costs of maintenance and repair of monuments, signage, landscaping and other common area elements in the Special Service Area and the levy of a tax on real property within the Special Service Area to pay such costs. (c) After considering the data as presented to the City Council of the City and at the Public Hearing, the City Council of the City finds that it is in the best interests of the City and of the residents and property owners of the United City of Yorkville Special Service Area Number 2006-119 that the Special Service Area, as hereinafter described,be established. CH12_664908.1 (d) The Special Service Area is compact and contiguous as required by the Act. (e) An annual special equal tax levied against each residential lot and each parcel in the Special Service Area as herein described does not exceed the tax rate or method proposed in the notice of public hearing referred to herein and such special tax, taking into account the direct and indirect special service benefits to current and future owners of property within the Special Service Area, bears a rational relationship between the amount of tax levied against each lot, block, tract and parcel of land in the Special Service Area and the special service benefit conferred. (f) It is in the best interests of the City that the Special Service Area be created for the financing of the maintenance costs within the Special Service Area, and that taxes be levied on real property within the Special Service Area to pay such costs. (g) It is in the best interests of the United City of Yorkville Special Service Area Number 2006-119 that the payment of the maintenance costs proposed be considered for the common interests of the Special Service Area and that the Special Service Area will benefit specially from the payment of such costs. Section 3. United City of Yorkville Special Service Area Number 2006-119 Established. A special service area to be known and designated as "United City of Yorkville Special Service Area Number 2006-119" is hereby established and shall consist of the contiguous territory legally described in Exhibit C hereto, and outlined on the map of a portion of the City attached as Exhibit D hereto, which description and map are by this reference incorporated herein and made a part hereof; provided that prior to March 25, 2007, no electors residing within the Special Service Area or owners of record of taxable property lying within the Special Service Area shall have filed a petition with the City Clerk objecting to the establishment of the Special Service Area or the levy of the special tax as herein described. Section 4. Pumose of Area. United City of Yorkville Special Service Area Number 2006-119 is established to provide special services to the Special Service Area in addition to services provided in the City generally, payable from taxes levied on real property in the Special Service Area in accordance with the special tax roll established by this Ordinance. Section 5. Special Tax Roll for Bond Retirement. In lieu of an ad valorem tax to be levied and extended for the payment of maintenance costs of the Special Service Area, a special tax roll is hereby established. Such special tax roll shall be used only for levying and extending taxes for the payment of such costs. Pursuant to the special tax roll, there shall be levied by the City in each year an equal tax on each parcel of property in the Special Service Area listed on Exhibit E hereto, sufficient to produce revenues to provide special municipal services to the Special Service Area; the maximum rate of such taxes to be extended in any year within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of$31,855. Section 6. Supersede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. 2 CH12_664908.1 Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 27th day of February, 2007. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk Published in pamphlet form February 27, 2007. 3 CHI2_664908.1 Exhibit A Certificate of publication of public notice CHI2_664908.1 t thence South 02103'35'East..comer tlwreot theme North 05-05.475-015 Public Notice 511.60feetmmecanxlkred 6756'25'East Wong a south 06415475-016 NOTICE OF HEARING i Illinois State Route No.71; Ins of said Phase Z a di disim 0545475-017 UNITED CITY OF i thence westerly along said of 30.0.feet thence North 05-05475018 YORKVILLE center Ora,being along a am. 02'03'35'West along an East SPECIAL SERVICE AREA to the left having a radios of Ina of said Phan 2,a distance 0540544&OW NUMBER 2006-119 5,05$.59 feet,an arc distance of of 66.0 feet thence South 0545445.002 (SUNFLOWER ESTATES) 60.0 bet Not 0239 Weak 85'25'West Wong a North 0509445.0C E RT I f I C A TE NOTICE IS HEREBY GIVEN, 512.23 feat thence South Ina d sold Phase Z a distance 05415443415 that an Jaaay 23,2007 at 7:00. 87'56'25'West,7617.88 tut b a 0(•35.62 feet b the Southeast 06.05.443.014 O F PUBLICATION 800 Gains Farm R ad: from�the point of of be beginning; subdivision;subdivision; thencs_North 0545443012' thence Not 14.10"22"West 01.40'14'West 05.06.443011 be hot a,ythe a hearing wB 1701.70 feet to the t d M d said Ld 106�eM to F-ael 05.05443009 be held by the United City of D 0545.443007 Yorkville (the CI tv') to begkshkhg In the United Clry d Ina d tat 117 d said Plwe 2,a 1,Jeffery A.Farren,do hereby certify that I am the publisher c consider forming a special Yorkville, Kendall County, distance of 170.28 feet m the 05-05443-008 the Kendall County Record,a weekly secular newspaper c service�'to celled'City Iillnda and containing 80'610 Northeast caner d said Lot 05-05443.005 of Yorkville Special service scree• '117;thence South 87.56'25• 05-05443'004 general circulation,regularly published in the City of Yorkville Area Number 2006-119,' Until West along the North-Ina of 0505' in the County of Kendall and the State of Illinois;and I hereb consisting d t e hrdlory legally LEGAL DESCRIPTION said lal t 17,a distance of 05.05443.001 further certify that the notice a copy Of which is attachen described in Exhibit 1 to this That Pan of the South Half of 151.16 fast b the Northwest 05•05-"1-006 hereto,in the matter of Notice. Section 5,Township 36 North,- comer thered;thence North 05.05441-000. The approximate location is Range 7 East Of the Third 02'03'35'West Wong a West - 06-05441-010 generally northwest of the Phcipal Mandan desaibad as Ian of said Phase 2 a distance 05-05441-011 Public Notice: United City of Yorkville Special Service Area No northwest comer of Route 47 follows:Beginning it the moat of 30.0 feet thence South 05.05441-012 2006-119 Sunflower Estates and Rana 71 in sa City. southerly Southwest comer of S7'562S Wee Wong a Not 05.05-"1 The general purpose d the Sunflower Estates,Phase 1, Pon d sold Phase Z,a distance g�r,05-"I-O 3 fonnaaonof the City at Yorkvib Yorkville, Kendall County, of 66.0 lest thence.South 85-05441-OW Special Service Area Number IBnds;thence South 14.1022' 02'03'35'East along an East was published once each week for 1 successive weeks it 2006.119 is o provide special East along the West are d said Ina Of said Phase 2 a stance 0545-441-M said Newspaper,the first insertion being on the 4th day 0 municipal services to the are -Phase 1 extended 84249 feet of 5027 feet to the Northeast 0545.441-007 January , 2007 and the last insertion being on the 4th day 0 which may Include the costs of thence North 87'5625•East u Of lot 100 of said Phase 0545442-011 January 2007 and we further certify that the said Kendal maintenance and repair of 7so.a6 feet; thence South ZOO South 875-8'25'West 05.05442.010 County Record was regularly published continuous for man- monuments, signage, Or03'35'East 482.23 feet; along the NOthlihe d said Lot 0545442-008 than six months in the City of Yorkville in said County,nex /landscaping and other common thence oouthweslerty along a a00aedce110t daeid PfhWn2 preceding the first publication of said notice,and that we an area elements within the curve b the right having a a distance d 150.0 feet o the P 9 P Proposed special service area radius of 30.0 feet an arc Southeast comer of Lot 77 of 05,-006 duly authorized to make proof of matters published in the sak The special services shall distance of 46.48 feet to to said Phase 2;thence North 0545442-004 Kendall County Record. include maintenance activities northerly right-d-way line of 01'39'12"Wast aong an East 0545442-M Orly. Illinois Slate Route No.71; Ina Of Sunflower Estates.Plan 0545442.OM There will also be considered thence South 03'17'01'East 1,Yorkville,Kendall County, 0545442-M at the hearing the following along a line radial to said Okais,a distance of 71753 fast Given under my hand and seal at Yorkville, Illinois this method of financing northerly dght•of-way line 65.0 to the Northeast coaw of Lot 83 0505442-025 day of 4th day of January 2007 maintenanco activities within .Hat to the center Una of said of said Phase 1;thence Not 0545442.027 the proposed special service Illinds State Route No.71; SB'39'12'East along a South 0545442-025 area:M levy of an aqua tax by thence easterly along said ire of sold Phan 1,a dshrn0e 0505476.001 the City on each parcel of center line 107.98 het thence of 58.25 feet thence Not 0545476.002 pmperty In the proposed special North 02'03'35'Wet 511.50 01'2048'Wee along an East 05454764M �.�/. ... ..... ................................................ service area, sufficient o feet trance North 87.56'25' Ins d said Phase 1,a disanc�e D��u U Publisher produce revenues to provide East 34191.Het to North of 66.0.het thence SOUtlh epeeist municipal services to 02'0735-'West 150.0)sat 88'39'17 West akxg a North 0545442-M the proposed special service thence Not 87.56'25'East Ira of sold Phan 1,a distance 054544240M The Kendall County Record is a newspaper as defined in Ad- area;to maximum rate of such 30.0 feet; thence North of 3o.0 fast to the Southeast 0545442-M Chapter 100,Sections 1 and 5,Illinois Revised Statues. axes lo bs exterhsed n any year 02'0085'Wed 66.0 feet this owner Of tat 18 Of said Phase 1. -0505442.019 with the proposed special .South 87'58"26'West 35.62 thence Not 01'2048'West 0545442-MB service area which$halt not 'feet Ounce North 01.44'07' ,along tlN East Arse of said Lot 0345442-017 =09adto amount necessary10 Wed 170281 at#a=SaAh .18.a distance of 150.0helbthe 0505442.016 produce a maxknurn annual tax 87'5825'West 151.16 Hat Natant omrw tweak vents 06'05442'015 levy of 831,855,said tax b be thence North 02"03W Wed North 8rWIr East along a 0545442-013 544 levied upon all taxable property .30.0 feet, thence',South Una drawn parallel with Me 5 5442-012 within the proposed special 87158'25'We1650 het Ian canister Ina d Green Basler Road, 0545444.002 service ares. South Q2'aWEa,5o27bet 702.30 feet to a Une drawn .054M477-006. At the hearing,all Interested these South 87'5675'West parallel with the center the of 05-,05477-005 - persons affected by the .150.0 feat thence North Ilkbis State Route No.47; 05,05477-004 formation of such special 01'3012'West617.531aet to thence South 01.44'07 East 05.05477-M service area, Including all the Southe stoomrd lo83d aaq said parald Ins 1290.43 05-05477.OM persons owning taxable rid sold Sunflower Estates;yartw het to a Ana drawn pentad with 0545477-M . estate therein,may Ufa within .South S8'Mr Was along to and 766.23 het, normally 0545 obJecdaa b and be herd crafty, South ka(A Lot 0%%52.28 fast dlstad,natlady.d the nanHr' O545444-004 rega li g the formation of and to the SmAwan t corer tared, Ins of Illinois Sate Route No. 05.064d4003 the boundaries of the spacial Ounce South 01'2048'East 71;thence South 87.85675' 0505444.001. service area and th Is"of 30.0 feet; thence South West alma said parallel vine 0545,130-001 taxes affecting the area The SrW12'West 86.0 feet 1urm 359.15 lost o„the point at 0545330.002 hearing may be ad(oumed by Not 01'ZOLB'Wee 38.63 hat fulik"nirg in Un,United City d 0545440001 the City Cound without furlhe .b the Sm*oW comer d Lot 67• Yorkville. Kendall County, 0&05443016 KCR•I.1t mace Omer than a mwdw to be 'of said Sunflower Estates; Illinois as shown by the plat amered upon the minutes of is thence South 68'39'12'West hereon drawn whips is a correct ' }I meeting fixing the time and Wang the South Me at said Lot representation of said survey place of its adpurime t. e7 and ea South one Of Lot 65 Of and subdivision.Akdala ce art N a petition signed by at least sad Sunflower Estates.375.36 of in teat and decimal pans 51%of the electors residing fast to Ow Southwest comer Of teed. within the City of Yorkville 'sad Lot 66;thence southerly, I krther urtly tW to above Special Service Area Number along a cues to the right having described prep it will 110 file 2005119 and byal least 51%d a redus Of 313.0 feet which is corporate limits of the United the owners at record of the IoM radial to a line drawn South City of Yorkville,which has kndufed th within e ast"boundaries 78.45'40'West from the l adopted an oN I plan,and that of the City of Yorkville Special -deau- pot an arc distance no part Is within a-pool,flood Service Are Number 2008.119 of 38.01 feet thence.South hazed am as idarWfled by the Is filed with the City Clerk of the 85'43'10"We,66.0 Het I ncs Federal Emergency City of Yorkville within 60 days northerly along a concentric Management I Agency advising the final edloummanot d 247 0 feet.an��distahce,d effective data JWv 19,1982 Map, dare phbtle hearing abjecgrnp the creation of the special 30.0 feel; thence South PUN Numbers service area or the levy d texas 78.45'40'West 148.24 feet 05.05.440.003 affecting the area,m such are thence South 00'24'56'East may be created and no X004 such 146.93 lest; thence South_ 0546440.005 taxes may be levied or'89'35'Q4'Wass 182.89 feel to 05454404M . -posed. the point of beginning In the 0545440.007 Exhibit 1 to Notice United City of YorkWa.Kendal 05.05440008 E Leaal Description d County.Mn01s. .. 05.05440009 r $49AmC UnK IS 05.0.4140410, . . Unit I. LEGAL DESCRIPTION 0505440,011 LEGALDESCRIPTION Stan Of Moons ` 0,012 That pan Of the South Half at sal - 05405440-014 Section 5.Township 36"Not, Cc"Of Ka dek - 05.05440.015 - Range 7 East of the Third I,Janes M.Olson,OinOh 0545440-016 Principal Meridian descibed as prossocal Land Surveyor No. •MQ&440.017 follows: Beginning at the 2253,or by James M. 064D&410419 Southwest Corner of Green Olson Associates. Ltd., do 0505440018 Sdar,P.U.D.,Unit 1,Kendall hereby certify that under.the County,Illinois;thence North direction of the owrws thered.f 05.00-M 88°36'46'East WON the cantor have surveyed.subdivided and 05.05•475403 line of Green Briar Drive, plated the part of the Southeast 05.05.47 5-004 • 481.67 Het to the Southeast Quarter of Section 5,Township 054)5475-006 . comer of said.subdivision; 36 North,Range 7 East of the 05454754008 thence North 88'39'12'East Third Principal Meridian 05-05475-007 1 along said comer line,716.65 described as blows Begiming 05-05475.008 feet theme South 01.2048' at the Southeast comer of Lot 0545475-009 East 349.99 feel,thence North 42,Sunflower Estates,Phase Z '0505475-010 88.39'12'East,712.30 feet;, Yorkville, Kendall County,. 0545475-011 _ thence South 01'44'07'East. AAnds;therhCa Not 02103W 05,05,475.013 1290.43 lest theme South'West along tits Fa,Ara d said 05.05475..014....'.. ._ . 87.56"25'West,700.96 teak•lot 150.0 feel to the Northeast' - '- Exhibit B Evidence of mailing of public notice 2 CHI2_664908.1 Exhibit C UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 3 CHI2_664908.1 I . That part of the South Half of Section 5, Township 36 North, Range 7 East of the T hird Principal Meridian described as follows: Beginning at the Southwest Comer of " Illinois; thence North 88 Green Briar, P.U.D., Unit 1, Yorkville, Kendall County, 93648" East along the center line of Green Briar Drive, 481.87 feet to the Southeast comer of said subdivision; thence North 88 039'12"East along said center line, 716.55 feet; thence South 01 020'48"East, 349.99 feet, thence North 88°39'12"East, 712.30 feet,feet thence 700.96 , South 01-44107"East, 1290.43 feet; thence South 87-5625"West, South 02°03'35"East, 511.60 feet to the center tine of Illinois State Route No. 71; curve to the left having a radius of thence westerly along said center line, being along a 5,055.59 feet, an arc distance of 80.0 feet, North 02°03'35"West, 512.23 feet; thence South 87°56'25"West, 760.86 feet to a line drawn South 14°10'22"East from the point of beginning; thence North 14°10'22"West, 1701.70 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois and containing 60.610 acres. ..34 LEGAL DESCRIPTION That part of the South Half of Section 5,Township 36 North,Range 7 East of the Third Principal Meridian described as follows: Beginning at the most southerly Southwest corner of Sunflower Estates,Phase 1,Yorkville,Kendall County,Illinois; thence South 14'10'22" East along the West line of said Phase 1 extended 842.49 feet; thence North 87°56'25" East 760.86 feet;thence South 02°03'35" East 482.23 feet;thence southwesterly along a curve to the right having a radius of 30.0 feet, an arc distance of 46.48 feet to the northerly right-of-way line of Illinois State Route No. 71; thence South 03°17'01" East along a line radial to said northerly right-of-way line 65.0 feet to the center line of said Illinois State Route No. 71;thence easterly along said center line 107.98 feet;thence North 02°03'35" West 511.60 feet; thence North 87°56'25"East 341.81 feet; thence North 02°03'35" West 150.0 feet;thence North 87°56'25" East 30.0 feet;thence North 02°03'35" West 66.0 feet; thence South 87°56'25" West 35.62 feet; thence North 01°44'07" West 170.28 feet;thence South 87°56'25" West 151.16 feet; thence North 02°03'35" West 30.0 feet,thence South 87°56'25" West 66.0 feet; thence South 02°03'35" East 50.27 feet;thence South 87°56'25" West 150.0 feet;thence North 01'39'12" West 617.53 feet to the Southeast corner of Lot 83 of said Sunflower Estates;thence South 88°39'12" West along the South line of Lot 83, 152.28 feet to the Southwest corner thereof,thence South 01'20'48" East 30.0 feet; thence South 88 039'12" West 66.0 feet;thence North 01'20'48" West 38.63 feet to the Southeast comer of Lot 67 of said Sunflower Estates; thence South 88°39'12" West along the South line of said Lot 67 and the South line of Lot 66 of said Sunflower Estates, 375.36 feet to the Southwest corner of said Lot 66;thence southerly, along a curve to the right having a radius of 313.0 feet which is radial to a line drawn South 78'45'40" West from the last described point, an are distance of 38.01 feet;thence South 85°43'10" West 66.0 feet; thence northerly along a concentric curve to the left,having a radius of 247.0 feet, an arc distance of 30.0 feet;thence South 78 045140" West 148.24 feet;thence South 00°24'56" East 146.93 feet;thence South 89°35'04" West 182.89 feet to the point of beginning in the United City of Yorkville,Kendall County,Illinois. "Legal Description" State of //lino/s• SS County of Ken doll.• I, James M. Olson, Illinois professional Land Surveyor No. 2253, employed by ✓cores M. Olson Associates, Ltd., do hereby certify that, under the direction of the owners thereof, / have surveyed, subdivided and platted that port of the Southeast Quarter of Section 5, Township 36 North, Range 7 f-cst of the Third Principal Meridian described as. follows.. Beginning at the Southeast corner of Lot 42, Sunflower Estates, Phase 2, Yorkville, Kendall County, Illinois; thence North 02'03;35" ;",pest along the East line of said /ot 150.0 feet to the Northeast corner thereof,• thence North 875625" Ecst along a South line of sold Phase 2, a distance of 30.0 feet,- thence North 020335" West along on East line of said Phase 21 a distance of 66.0 feet; thence South 875625" West along a North line of said Phase 2 a distance of 35.62 feet to the Southeast corner of Lot 106 of said subdivision; thence North 0140'14" West along the East line of said Lot 106 and the East line of Lot 117 of sold Phase 2, a distance of.170.28 feet to the Northeast corner of said Lot 117; . thence South 8756'25.". West. along. the .North line of said Lot 117, a distance of 151.16 feet-to the Northwest corner thereof,• thence North 0203:35" West dlong a West line of said Phase 2, a distance of 30.0 feet; thence South 875525" West along a North line of sold Phase 2, a distance of 66.0 feet; thence,South 02103;T5" East along on East line of said Phose 2, a distance of 50.27 feet to the Northeast corner of Lot 100 of said Phase 2; thence South 875625" West along the North line of sold Lot 100 and Lot 101 of said Phase 2, a distance of 150.0 feet to the Southeast corner of Lot 77 of said Phase 2; thence North 01;39'12" West along on East line of Sunflower Estates, Phase 1, Yorkville, Kendall County, Illinois, a distance of 71753 feet to the Northeast corner of Lot 83 of said Phase 1; thence North 8839'12" East along a South line of said Phase 1, a distance of 58.26 feet; thence North 0120'48" West along on East line of said Phase 1, a distance of 66.0 .feet; thence South 88;39'12" West along a North line of said Phase 1, o distance of 30.0 feet to the Southeast corner of Lot 18 of said Phase 1, thence North 0170'48" West along the East line of said Lot 18, c distance of 150.0 feet to the Northeast corner thereof; thence North 88;39712" East along a line drawn parallel with the center line of Green Briar Road, 702.30 feet to a line drown parallel with the center line of Illinois State Route No. 47,• thence South 0144107" Eost along said Para!/el line 129043 feet to a line drawn parcl/el with and 766,23 feet, normally distant, northerly of the center line of Illinois State Route No. 71; thence South 87' 5625" West along said parallel line 359.15 feet to the point of beginning in the United Cify of Yorkville, Kendal/ County, I//inois as shown by the plat hereon drown which is a correct representation of said survey and subdivision. All distance ore shown in feet and decimal parts thereof. / further certify that the above described property is within the corporate limits of the United City of Yorkville, which has adopted on official plon, and that no part is within a special flood hazard area as identified by the Federal Emergency Management Agency Community Panel Mop, effective date: ✓u/y 19, 1982. Doled at Yorkville, Illinois James M. Olson ///inois Pro fession a/ Land Surveyor No. 2253 James M. Olson Associates, Ltd. 107 West Madison Street Yorkville. ///inois 60560 Exhibit D Map of Special Service Area 4 CHI2_664908.1 SUNFLOWER ESTATES SUBDIVISION --------_---- HOME OWNERS ASSOCIATION PROPERTY ♦Belli!'..i..f.�n.'•��.1 , I � , 1 SS! i Sunflower Park rl 'r r r r r r _ Note: Existing r irrigation system will not be ° maintained / � 00 000 i / i / NORTH Not to scale Exhibit E List of parcels 05-05-440-002 05-05-443-008 05-05-442-012 05-05-440-003 05-05-443-007 05-05-444-002 05-05-440-004 05-05-443-006 05-05-477-006 05-05-440-005 05-05-443-005 05-05-477-005 05-05-440-006 05-05-443-004 05-05-477-004 05-05-440-007 05-05-443-003 05-05-477-003 05-05-440-008 05-05-443-002 05-05-477-002 05-05-440-009 05-05-443-001 05-05-477-001 05-05-440-010 05-05-441-008 05-05-444-006 05-05-440-011 05-05-441-009 05-05-444-005 05-05-440-012 05-05-441-010 05-05-444-004 05-05-440-013 05-05-441-011 05-05-444-003 05-05-440-014 05-05-441-012 05-05-444-001 05-05-440-015 05-05-441-001 05-05-330-001 05-05-440-016 05-05-441-002 05-05-330-002 05-05-440-017 05-05-441-003 05-05-440-001 05-05-440-019 05-05-441-004 05-05-443-016 05-05-440-018 05-05-441-005 05-05-442-017 05-05-440-020 05-05-441-006 05-05-442-016 05-05-440-021 05-05-441-007 05-05-442-015 05-05-440-022 05-05-442-011 05-05-442-014 05-05-440-023 05-05-442-010 05-05-442-013 05-05-475-001 05-05-442-009 05-05-443-013 05-05-475-002 05-05-442-008 05-05-443-012 05-05-475-003 05-05-442-007 05-05-443-011 05-05-475-004 05-05-442-006 05-05-443-010 05-05-475-005 05-05-442-005 05-05-443-009 05-05-475-006 05-05-442-004 05-05-442-025 05-05-475-007 05-05-442-003 05-05-442-024 05-05-475-008 05-05-442-002 05-05-442-023 05-05-475-009 05-05-442-001 05-05-442-022 05-05-475-010 05-05-442-030 05-05-442-021 05-05-475-011 05-05-442-029 05-05-442-020 05-05-475-012 05-05-442-028 05-05-442-019 05-05-475-013 05-05-442-027 05-05-442-018 05-05-475-014 05-05-442-026 05-05-445-002 05-05-475-015 05-05-476-001 05-05-445-001 05-05-475-016 05-05-476-002 05-05-443-015 05-05-475-017 05-05-476-003 05-05-443-014 05-05-475-018 05-05-445-004 05-05-475-019 05-05-445-003 5 CHI2_664908.1 At-1)°'TL United City of Yorkville s WATER DEPARTMENT REPORT tE NOVEMBER 2006 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FE FE GALLONS' 3 1335 463 203 6,805,000 4 1393 542 186 16,901,000 7 1500 883 550 6,922,000 8 1500 861 474 7,557,000 9 1500 1125 575 0 TOTAL 38,185,900 CURRENT MONTH'S PUMPAGE IS 13,449,900 GALLONS MOR /LESS THAN LAST MONTH 7,225,900 GALLONS MORE LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,506,700 GALLONS DAILY MAXIMUM PUMPED: 3,291,300 GALLONS DAILY AVERAGE PER CAPITA USE: 125.5- GALLONS WATER TREATMENT CHLORINE FED: 823 LBS. CALCULATED CONCENTRATION: 2.6 MG/L FLUORIDE FED: 420 LBS. CALCULATED CONCENTRATION: 0.24 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN _ 9 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 6 NUMBER OF LEAKS OR BREAKS REPAIRED: —4- MXU 37 NEW CUSTOMERS RESIDENTIAL: 69 COMMERCIAL: 6 INDUSTRIAUGOVERNMENTAL: COMMENTS 1421 N Bridge St 6" watermain cracked all the way around 500,000 gallonG of water lost. OVER Strawberry & Conover Ct 6" water main cracked all the way around. 300,000 gallons of water lost. 202 SBridge 6" water main cracked all the way around. 400,000 gallons of water lost. 112 Schoolhouse Road 2" water main cracked all the way around. 150,000 gallons of water lost. 1,350,000 gallons of water lost due to 4 watermain breaks. As of the middle of November, we are treating all our water to remove radium. ,2. United City of Yorkville �l� y WATER DEPARTMENT REPORT DECE MM 2006 �lE \VV MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FE FEET FE GALLONS 3 1335 463 203 6,472,000 4 1393 542 186 16,024,000 7 1500 883 550 7,723,100 8 861 474 7,607,000 9 1500 1 1125 575 0 TOTAL 37,826,100 CURRENT MONTH'S PUMPAGE IS 359,800 GALLONS MORE/( SS HAN LAST MONTH 11,692,100 GALLONS MO /LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,167,800 GALLONS DAILY MAXIMUM PUMPED: 2,100,800 GALLONS DAILY AVERAGE PER CAPITA USE: 97.3 GALLONS WATER TREATMENT CHLORINE FED: 903 LBS. CALCULATED CONCENTRATION: 2.8 MG/L FLUORIDE FED: 440 LBS. CALCULATED CONCENTRATION: 0.25 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: _5 1 NUMBER OF LEAKS OR BREAKS REPAIRED: 7 NEW CUSTOMERS °� MXU RESIDENTIAL: 82 COMMERCIAL: 3 INDUSTRIAL/GOVERNMENTAL: COMMENTS OVER We had a total of 7 watermain breaks for the month of December. 306 Madison, 102 E VanEmnon, 503 Dolph, intersection of Center Parkway & Naden Court, 505 West Washington, 203 E Spring St, & 306 Walter St. The last 3 watermain breaks were all on 12/28/06. 1 8" watermain, 6 6" watermains, water lost due to breaks 2,650,000. ♦,��D C/r� Reviewed By: J� Legal El City Cun ci Finance ❑ EST. , 1836 Engineer Agenda Item Tracking Number City Administrator ❑ Consultant ❑ W SCE City Council Agenda Item Summary Memo Title: Walnut Plaza—Letter of Credit Expiration City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: Recommend calling this letter of credit if it is not renewed by April 20, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize City Clerk to call letter of credit if it is not renewed by April 20, 2007. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J� 0 United City of Yorkville Memo 800 Game Farm Road USE 1 1936 Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 �°'C �2 <LE ��'�• Date: January 31, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer �-A U CC: Lisa Pickering, Deputy City Clerk Subject: Walnut Plaza—Letter of Credit Expiration LaSalle Bank Letter of Credit No. 5590057 Attached find a notice from LaSalle Bank that a letter of credit for the referenced project will expire on April 28, 2007. This development is located at the northeast corner of Route 47 and Walnut Street. The letter of credit,in the amount of$18,541.60, is to guarantee satisfactory completion of the 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 February 20, 2007 for consideration. L.J a�'� &Z," MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER QF F�E A�N�4AiR GROUP ASM E,R Ot-J�E X18 s AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T 0 26TH FLOOR 540 W. MADISON a .. - 3 "i"C'AGO, IL 60 C:s61, w TEL–;ILEA-904-846',2 Z LL p _ m m J ANLAIRY 18, � 010 t z o w. c C:I..i_Y OF YORKVILLE m E3tX) GAME FARM ROAD `fORK'VILLE, TL 6056 z . ,..m T A 1`l N: V I L.LAd:'3L:. MANAGER O p W _ OUR REFERENC E 65913057 A a o.. m IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE z REFERENCED LETTER OF CREDIT, THIS IS TO ADVISE YOU THAT THE m LL 0 0 w O COMPUTER GIE NE RATEL) o NO SIGNATURE= RE-;QUIRED 3 m C'C: Yt�fRf",VTL.-LE t�AL�NUT PLAZA, LL-C VE RNONE HILLS,, IL -6006 0' ATTN-. GIE'RAL_D GRO13MAN o m O w 'v p. J3 � D z ,m O A m O L O 3 °` m O:: ; :z 2 LL O. 0 ¢. O m O p 3 0. 'O T 2 m .<m w - z a O _ ,p _. .°:m O '3 ¢ `rm C7 _ A Z. m w :z 2: D O _ D O 1 d0 839W3W df1021O 021Wtl N8tl 3H1 d0 2139W3W d(IOLID OLIWtl NBtl 3Hl d0 2138W3W df102fO OLIWtl NBtl 3H1 d0 N38W3W df108O OLIWtl N9tl 3Hl d0 i139W3W df10210 02fWtl NBtl 3H1 d02139W3W df1021O 021Wtl N9tl 3Hl d02138W3WA C/Ty Reviewed By: Agenda Item Number J� -0 Legal ❑ \� Finance ❑ (Zto-► EST. 1 iris Engineer � Tracking Number J Gl City Administrator ❑ Consultant ❑ �vi SCE Human Resources ❑ City Council Agenda Item Summary Memo Title: Grande Reserve Unit 14—Letter of Credit Expiration City Council/COW Agenda Date: February 20,2007 Committee of the Whole Synopsis: We have been notified that the earthwork letter of credit will expire on May 12, 2007. Recommend that we call the letter of credit if it is not renewed by May 4, 2007. 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: CIr o United City of Yorkville Memo 800 Game Farm Road r 1 1836 Yorkville, Illinois 60560 ` Telephone: 630-553-8545 0 X 9 Fax: 630-553-3436 ,� ♦s4 LLE Date: February 2,2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cle Subject: Grande Reserve Unit 14—Letter of Credit Expiration LaSalle Bank Letter of Credit#5590245 Attached find a notice from LaSalle Bank that the letter of credit for Grande Reserve Unit 14 will expire on May 12, 2007. This letter of credit, in the amount of$687,110.68, is a letter of credit to guarantees satisfactory completion of earthwork. I 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 May 4, 2007. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. 'MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP.MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T3 LASALLE BANK N.A. 540 W. MADISON •- 26TH FLOUR a z CHICAGOy IL 60661 W` SWIFT': LASLUS44 LL TEL-312-904-8462 w; g' FEBRUARY 01.) 2007 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 o o 0 OUR REFERENCE: -S590245, , cc M" ME 0 D 0 �., - IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ASCtVE " REFERENCED LETTER OF CREDIT, THIS IS TQ ADVISE YOU'`THAF'"THE CREDIT WILL EXPIRE ON MAY 12; 2007 3 - ¢ O W COMPUTER GENERATED m NO SIGNATURE REQUIRED cc CC; PASQUINELLI--THE COMMONS LLC 6880 N. FRONTAGE RD. , SMITE; 100 ' = BURR RIDGE, IL 605.27 Mo O, nr m s O m m ¢: m w � � cc 2 m m L Z F- LL D m g _'o a 3 0 3 0: o ¢ 1 _ z O 0 � o w c a ,3 ¢ 3 c7- m O. S cc 0 ¢i y w m z o �1 JO U39N3N d109O OHAV NOV 3H1 d0 H39N3A df10H0 OUVIV N9V 3H1 d0 d39A3A d10H0 OHAV NOV 3H1 d0 H39N3N d10H0 OHNV NOV 3Hl d0 d39N3A d1o8O OHNV NOV 3Hl JO 839A3A df10H0 OHAV NOV 3Hl d0 MVY90 C/Ty Reviewed By: Agenda Item Number J? Legal ❑ Finance F1 leas Engineer Z6 �, lit°� 0� (4 City Administrator El Tracking Number O Consultant ❑ ,�� Human Resources E]�L a J I y City Council Agenda Item Summary Memo Title: Grande Reserve Unit 15 —Letter of Credit Expiration City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: We have been notified that the earthwork letter of credit will expire on May 12, 2007. Recommend that we call the letter of credit if it is not renewed by May 4, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C o United City of Yorkville Memo : 0 800 Game Farm Road ESE 1 IBM Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 0� p� Fax: 630-553-3436 <LE ��'�• Date: February 2,2007 To: John Crois, Interim City Administrator' ` From: Joe Wywrot, City Engineer 1� CC: Lisa Pickering, Deputy City Cler Subject: Grande Reserve Unit 15 —Letter of Credit Expiration LaSalle Bank Letter of Credit#S590244 Attached find a notice from LaSalle Bank that the letter of credit for Grande Reserve Unit 15 will expire on May 12, 2007. This letter of credit, in the amount of$505,262.51, is a letter of credit to guarantees satisfactory completion of earthwork. I 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 May 4,2007. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. aMEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T� 0 m Xt ° m 0 m 0 z � m m w m _ z 0 0 w m W a 3 0 m O m � 0 ¢. y 0 O o W � m 31 0 W � 0 m m O' m La� O Q � Z _ m tm La � D Sa+ Z F ➢ O 0 c) W9 � O k O Z 5 • m¢ m �"iss try�' x''�. ✓� �, .� Is z mo ss O � a i t Lc'.5 A 0T 3j-ins ` UH 3Jt91NON *N 09139 311 ONIES083 11IW-I113Nlnristid =OO o � ., U3N I nmu 32 nIUNS I S ON o 31ti83N38 a31t3dWOO 0 m U m 0. Z L00 'FT ktJW NO 3MIdX3 11TH 1IQ32i:] _ 3H1 IUHl no k 3S I f1Qtf C!1 S T S I Hl. 111 a3H3 AD 213113'1 Q33N-483332 3A013tJ 3Hl 3O SNOIlIQNOO GNU SWU31 3Hl H1IM 33NuauO33ti_ NI 3 a +r�i206S8 :33N383J3H 21110 g a 3 Om m 2 Z r . 09509 1I `3'"I"tI ft}i21OA ati021 wHtj3 3wus 00q 3111ftli2 OA 30 A1I3 a3iINn o W C ��. L4iRi3 `TO A2iun2183A a 39+18-'f7Q1�—�T X131 a W 'b'hSf118k1 lz i IMS LL 19909' 1I '09UMHO MOO1J H19a NOSIQtiW 'M` ov& w 'ti 'N NNUG 31-ltiStil �1 d0 H39W3W dnOHO OHHV NOV 3Hl j0 H38H3W dnodo OHHV N9V 3Hl d0 838V43N df10H0 OHWV NOV 3Hl d0 H38H3W dhOHO OHWV NOV 3H1 dO 839W3W dnod9 OHHV NOV 3Hl d0 H38H3W dnoH0 OHWV NOV 3H1 d0 H38H30 Co.y0 Reviewed By: Agenda Item Number J T Legal ❑ —P Finance ❑ Y`+ Esr. 1 � 1836 Engineer M � Tracking Number City Administrator 0 9 `?O Consultant ❑ '7\, I �j Human Resources El `�`' C I <<E City Council Agenda Item Summary Memo Title: Grande Reserve Units 20 & 21 —Letter of Credit Expiration City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: We have been notified that the earthwork letter of credit will expire on May 16, 2007. Recommend that we call the letter of credit if it is not renewed by May 4, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CO.o United City of Yorkville Memo 800 Game Farm Road EST. im Yorkville, Illinois 60560 Telephone: 630-553-8545 0� p Fax: 630-553-3436 Date: February 6, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City C rk Subject: Grande Reserve Units 20 &21—Letter of Credit Expiration LaSalle Bank Letter of Credit#5590434 Attached find a notice from LaSalle Bank that the letter of credit for Grande Reserve Units 20 and 21 will expire on May 16, 2007. This letter of credit,in the amount of $128,926.05, is a letter of credit to guarantee satisfactory completion of earthwork. I 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 May 4,2007. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. U" 'MEMBER --^^---- F THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T� LASALL_E BANK N.A.. 540 W. MADISON —' -26TH FLOOR m Z CHICAGO, I L 69661 SWIFT: LASLUS44 TEL312--904-8462 Z O a X03 ID FEBRUARY 05, 2007 cc 7 u 3 UNITED CITY OF YYORKVILLE 3 800 GAME FARM Rt7Al3 � .x � , �� :� .o Z YORKV ILLE, IL 60560 ¢ m g a w � � " OUR REFERENCE.* 5590434 a IN ACCORDANCE WITH THE TERMS, AND ;COND-IT IQNS 1 THE ABE E 4ti REFERENCED LETTER OF CREDIT, THIS IS TO ADVISE .Yf711 THAT THE CREDIT WILL EXPIRE 'ON MAY` 161; 2007 COMPUTER GENERATEI? N �� NO SIGNATURE REQUIRED . a m O cr CC. PASQUINELLI—PIONEER PLACE LLC 6880: N. FRONTAGE RD. , SUITE 10ttJ` k°r k BURR RIDGE I.L. 0 £S05t''.7 ¢ ! �¢+ A� r "� -t' T l Ic td c �ro r a' ' p ¢ r m 4 .3 w O¢ v 3 O m ¢ E ft r in 2 0] a ,•S-. k _sue, ,Dti. o-a .F fryer m Z O ¢ .ie F=- m 0 v 3 m D �l d0 H39W3W df10H0 OHWV NBV 3H1 j0 839W3W df10H0 OBWV N9b 9Hl JO 839W3W dnouo OHWV N9V 3H1 d0 H39W3W df10H0 OHWb N9V 3Hl d0 H39W3W df10H0 OIiWV NBV 3Hl d0 H39W31ll df101i0 BHWb N9b 3Hl d0 H30W3W° Co.o Reviewed By: Agenda Item Number J Legal ❑ t-' Finance EST. 1836 F-1 1 Engineer 9 zIt � a y City Administrator ❑ Tracking Number 9 �O Consultant ❑ `� a c-1 , 0 O Human Resources F-1 V CE City Council Agenda Item Summary Memo Title: Grande Reserve Units 23, 26, & 27—Letter of Credit Expiration City Council/COW Agenda Date: February 20,2007 Committee of the Whole Synopsis: We have been notified that the earthwork letter of credit will expire on May 16, 2007. Recommend that we call the letter of credit if it is not renewed by May 4, 2007. 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: "tiD C/T 0 United City of Yorkville Memo : -10 800 Game Farm Road EW. , sss Yorkville, Illinois 60560 Telephone: 630-553-8545 O� p Fax: 630-553-3436 LLE Date: February 6, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer V CC: Lisa Pickering,Deputy City Cler Subject: Grande Reserve Units 23, 26, &27—Letter of Credit Expiration LaSalle Bank Letter of Credit#5590433 Attached find a notice from LaSalle Bank that the letter of credit for Grande Reserve Units 23, 26, and 27 will expire on May 16, 2007. This letter of credit,in the amount of $932,703.75, is a letter of credit to guarantee satisfactory completion of earthwork. I 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 May 4,2007. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. UJL MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMR66ROOP'tOIE DER OF T o' LASALLE HANK N`.A. 0 540 W. MAD I SON -- 26TH FLOOR CHICAGO, IL 60661 SWIFT: LASLUS44 TEL-312-904-8462 0 o w FEBRUARY 05, 2007 UNITED CITY OF YORKVILLE & 800 CAME FARM ROAD YORKVILLE, IL 60560 a o W OUR REFERENCE,: S590433 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE- 'ABOVE <'° REFERENCED LETTER OF CREDIT, THIS IS .TO, ADVISE;, YOU .THAT .THE" a m CREDIT WILL EXPIRE ON MAY 16, 2007 Qi 3 m 9 w "fl COMPUTER GENERATED m 0 41,¢ NO SIGNATURE REQUIRED Q CC: PASQU I NEL.,L-I--THE COLONIES LLC r w 6880 N. FRONTAGE RD. , SUITE 100 Z 0 BURR RIDGE, IL 60527 6, A aw ` IT 02 ¢� m m Q # O w wZzm p 0 3 c Q :A ¢ t rD m: m ¢: m w z O;' O w ak ¢ m 0 S °¢ o Q I Z 2 } m w, z O Q: o � m ¢ S z m ¢ m w' z 0 Q' a cc g Q w c �1 d0 839A3A df10U0 OUNV N9V 3H1 d0 U39A3N dnouo OUNV N9V 3H1 d0 H39N3N dnOU0 OUNV N9V 3Hl d0 H39A3N df1000 OUNV N9V 3Hl AO U3BA31N dnouE)OHAV N9V 3Hl AO U3BN3A dnOHE)OUAV N9V 3H1 d0'H39N3N Reviewed By: Agenda Item Number J`� a O 00 Legal 11 / 9 �Val EST. 1836 Finance ❑ 1 == Engineer ❑ Tracking umber 0 IN! ~ City Administrator El g °a Se� O Consultant ❑ Kenami county �, SCE ty Human Resources ❑ '"' QM-7- City Council Agenda Item Summary Memo Title: Saravanos Development— Sitework Letter of Credit Expiration City Council/COW Agenda Date: Feb. 20, 2007 Committee of the Whole Synopsis: We have been notified that the sitework letter of credit is due to expire on June 14, 2007. Recommend calling the letter of credit if it is not renewed by June 7, 2007. 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: It clry �2 04 o United City of Yorkville Memo + '" 800 Game Farm Road EST. 1838 Yorkville, Illinois 60560 .4 Telephone: 630-553-8545 0z S Fax: 630-553-3436 SCE Date: February 5, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: Saravanos Development—Sitework Letter of Credit Expiration First Midwest Bank Letter of Credit#150017273-202 Attached find a notice from First Midwest Bank that the sitework letter of credit for the Saravanos development will expire on June 14, 2007. This letter of credit, in the amount of$490,864.75 is a letter of credit to guarantees satisfactory completion of all land improvements with the exception of earthwork and Route 47 improvements. I 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 June 7, 2007. Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. First Midwest Bank 300 North Hunt Club Road / \ Gurnee,Illinois 60031 —' — First Midwest 'Mill January 30, 2007 ORIGINAL Sent by Certified Mail, Return Receipt Number 7005 3110 0001 5822 8326 City of Yorkville ATTN: City Clerk 800 Game Farm Road Yorkville, IL 60560 Re: First Midwest Bank Letter of Credit No. 150017273-202 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 $490,864.75, we hereby inform you of the impending expiration date of June 14,2007. Sincerely, Michele Thurmond Documentation Review Specialist cc: Saravanos Properties, LLC Brian Minnis Saved as:saravanosllc.doc EQUAL MOUSING LENDER Co. Reviewed By: Agenda Item Number J2 r O� Legal ❑ '7 -4 9 ESE -1 leas Finance F1 Engineer ' -4 0 y City Administrator ❑ Tracking Number ;P C..1 �O Consultant ❑ <LE Human Resources ❑ �� a a City Council Agenda Item Summary Memo Title: Raintree Village Unit 1 -Letters of Credit Expiration City Council/COW Agenda Date: February 20,2007 Committee of the Whole Synopsis: We have been notified that the two letters of credit for Raintree Village Unit 1 will expire on May 9, 2007. Recommend that these letters of credit be called if they are not renewed by May 2,2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J= o� United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 SCE Date: February 12, 2007 To: John Crois, Interim City Adn U strato1r1 From: Joe Wywrot, City Engineer V CC: Lisa Pickering,Deputy City Clerk John Wyeth, City Attorney Subject: Raintree Village Unit 1 —Letters of Credit Expiration Attached find notices from Fidelity Guarantee &Acceptance Corp. that Letter of Credit Nos. FGAC-06115 and FGAC-06116 for the referenced development will both expire on May 9, 2007. The first letter of credit, in the amount of$138,000.00, is to guarantee satisfactory completion of earthwork and erosion/sediment control for Raintree Village Unit 1. The second letter of credit,in the amount of$623,108.10, is to guarantee satisfactory completion of the balance of the land improvements. We will notify the developer that these letters of credit needs to be renewed, and I anticipate that they will. In the meantime,however, I recommend that City Council authorize the City Clerk to call these letters of credit if they are not renewed prior to May 2, 2007. Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD(77041) Box 2863,HOUSTON,TExAs 77252-2863 PHONE(713)599-2575 DATE: FEBRUARY 8,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE:RAINTREE VILLAGE-UNIT 1 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06115 PRESENTLY FOR AN AMOUNT OF USD $138,000.00 (ONE HUNDRED THIRTY EIGHT THOUSAND AND 00/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 9_2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE_CORP., ATTN LETTER OF CREDIT DEPT., 10707 CLAY ROAD,HOUSTON,TEXAS 77041. ANY DRAWING RECEIVED AFTER MAY 9,2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713.599- 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY CCEPT E CORP. LIAM D. UNTR VI E P SIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 540 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 8253 FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD(77041) Box 2863,HousroN,TExAs 77252-2863 PHONE(713)599-2575 DATE`. FEBRUARY 8,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE:RAR TWE VILLAGE-UNIT 1 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06116 PRESENTLY FOR AN AMOUNT OF USD $623,108.10(SIX HUNDRED TWENTY THREE THOUSAND ONE HUNDRED EIGHT AND 10/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 9, 2007 WITH OUR CLOSE OF_BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 10707 CLAY ROAD,HOUSTON,TEXAS 77041. ANY DRAWING RECEIVED AFTER MAY 9,2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599- 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FID ELITY G AN C CORP. WILLIAM D. GUNTRUM,VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD,SUITE 540 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 8260 Reviewed By: Agenda Item Number Legal ❑ Finance El Esr: � 1836 Engineer � �,,, co City Administrator ❑ Tracking Number Consultant ❑ ALE Human Resources ❑ r City Council Agenda Item Summary Memo Title: Raintree Village Unit 2—Letter of Credit Expiration City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: We have been notified that the letter of credit for Raintree Village Unit 2 will expire on May 9, 2007. Recommend that this letter of credit be called if it is not renewed by May 2, 2007. 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 'n 800 Game Farm Road Esr. � 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 ALE Date: February 12, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer �'U CC: Lisa Pickering,Deputy City Clerk John Wyeth, City Attorney Subject: Raintree Village Unit 2—Letter of Credit Expiration Attached find a notice from Fidelity Guarantee & Acceptance Corp. that Letter of Credit No. FGAC-06117 for the referenced development will expire on May 9,2007. This letter of credit, in the amount of$880,058.84, is to guarantee satisfactory completion of all land improvements for Raintree Village Unit 2. 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 May 2, 2007. Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD(77041) Box 2863,HOUSTON,TExAs 77252-2863 PIIoNE(713)599-2575 DATE: FEBRUARY 8,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE:RAINTREE VILLAGE-UNIT 2 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06117 PRESENTLY FOR AN AMOUNT OF USD $880,058.84 (EIGHT HUNDRED EIGHTY THOUSAND FIFTY EIGHT AND 84/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 9, 2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 10707 CLAY ROAD,HOUSTON,TEXAS 77041. ANY DRAWING RECEIVED AFTER MAY 9,2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599- 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY CEPTAN CORP. JL J' WILLIAM D. GUNTRUM,VICE PRESIDENT CC: LENNAR CONMJNTTIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 540 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 8277 Reviewed By: Agenda Item Number Jam` ' Legal ❑ -P Finance ❑ EST. "1 1836 2 1Z(o'l Engineer City Administrator El " Tracking Number 9 `W.d 4 Consultant ❑ , f �LE Human Resources ❑ w �G " City Council Agenda Item Summary Memo Title: Raintree Village Unit 3 —Letter of Credit Expiration City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: We have been notified that the letter of credit for Raintree Village Unit 3 will expire on May 9, 2007. Recommend that this letter of credit be called if it is not renewed by May 2,2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo ! . '0 800 Game Farm Road Esr. 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-8545 9 S" Fax: 630-553-3436 MC-ft <Q Date: February 12, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk John Wyeth, City Attorney Subject: Raintree Village Unit 3 —Letter of Credit Expiration Attached find a notice from Fidelity Guarantee &Acceptance Corp. that Letter of Credit No. FGAC-06118 for the referenced development will expire on May 9, 2007. This letter of credit, in the amount of$649,226.23, is to guarantee satisfactory completion of all land improvements for Raintree Village Unit 3. 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 May 2, 2007. Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY RoAD(77041) Box 2863,HousToN,TExAs 77252-2863 PHONE(713)599-2575 DATE: FEBRUARY 8,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: MAYOR AND ALDERMEN CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE:RAINTREE VILLAGE-UNIT 3 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06118 PRESENTLY FOR AN AMOUNT OF USD $649,226,23 (SIX HUNDRED FORTY NINE THOUSAND TWO HUNDRED TWENTY SIX AND 23/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 9, 2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 10707 CLAY ROAD,HOUSTON,TEXAS 77041. ANY DRAWING RECEIVED AFTER MAY 9,2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY ACCEPT CE CORP. WILLIAM D. GUNTROTIK VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 540 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 8284 ♦,��D Co.y Reviewed By: J� A Legal El ` City a 1 Esr 1836 Finance ❑ �4 Engineer � � /�s�ol � � � � � City Administrator ❑ Agenda Item Tracking Number D� Consultant ❑ W QCO SCE `y�. ❑ City Council Agenda Item Summary Memo Title: Raintree Village Unit 4—Letter of Credit Expiration City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: The letter of credit covering land improvements items is due to expire on 4/27/07. 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: o United City of Yorkville Memo '4` 800 Game Farm Road ESE 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 0� " �s, p Fax: 630-553-3436 `2 SCE Date: January 30, 2007 To: John Crois,Interim City Administra From: Joe Wywrot, City Engineer �-4 CC: Lisa Pickering, Deputy City Clerk John Wyeth, City Attorney Subject: Raintree Village Unit 4—Letter of Credit Expiration Attached find a notice from Fidelity Guarantee &Acceptance Corp. that Letter of Credit No. FGAC-06108 for the referenced development will expire on April 27,2007. This letter of credit, in the amount of$1,694,781.00, is to guarantee satisfactory completion of all land improvements with the exception of earthwork and erosion/sediment control for Raintree Village Unit 4. 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 February 20,2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD(77041) Box 2863,HounoN,TEXAS 77252-2863 PHoNE(713)599-2575 DATE: JANUARY 26,2007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO.FGAC-06108 PRESENTLY FOR AN AMOUNT OF USD $1,694,781.00 (ONE MILLION SIX HUNDRED NINETY FOUR THOUSAND SEVEN, HUNDRED EIGHTY ONE AND 00/100) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE VILLAGE,LLC. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT_THE-REFERENCED LETTER OF CREDIT WILL EXPIRE ON APRIL 27, 2007 WITH OUR CLOSE-OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 10707 CLAY ROAD, HOUSTON, TEXAS 77041. ANY DRAWING RECEIVED AFTER APRIL 27,2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 713-599 2575 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY CCEPTAN CORP. WILLIAM D. GUNTR-CM, VICE PRESWENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 540 HOFFMAN ESTATES,IL 60169 7002 0460 0001 1922 8246 Co.o Reviewed By: Agenda Item Number J Legal ❑ Finance ❑ W EST. 1836 �t�•'� Engineer �-' Z -�_ Tracking Number g ® ` co City Administrator ❑ Consultant ❑ ��.1 SCE Human Resources El ku City Council Agenda Item Summary Memo Title: Ra.intree Village (Rt.126 Temporary Entrance)—Letter of Credit Release City Council/COW Agenda Date: February 20,2007 Committee of the Whole Synopsis: The developer has requested that the letter of credit for the Route 126 temporary entrance be released. 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: 1t o United City of Yorkville Memo ! 't` 800 Game Farm Road Esr 1 =6 Yorkville, Illinois 60560 Telephone: 630-553-8545 0� ' p Fax: 630-553-3436 LE Date: February 12,2007 To: John Crois,Interim City Admi 'strator From: Joe Wywrot, City Engineer L CC: Lisa Pickering,Deputy City Cl rk Subject: Raintree Village (Rt.126 Temporary Entrance)—Letter of Credit Release Attached find a request from the developer's engineer to release the letter of credit for the referenced work. This letter of credit, in the current amount of$1,339.53, is for a temporary entrance which was needed until the permanent entrance and Route 126 improvements could be constructed.Now that the Route 126 work is substantially complete, and temporary entrance has been removed. I recommend that Fidelity Guarantee&Acceptance Corporation Letter of Credit No. FGAC-06119 be released in its entirety. Any remaining restoration and/or punchlist work would be covered by the bond for the Route 126 permanent improvements. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. JACOB & HEFNER ASSOCIATES, P.C. 190OA S.MEYERS ROAD-BROOK TERRACE, IL SUITE 1811 ENGINEERS • SURVEYORS PHONE:630-652-4600•FAX:630-652-4601 February 1, 2007 Mr. Joseph A Wywrot, P.E. City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Letter of Credit Reduction — Raintree Village- IL 126 (Temporary Entrance) Yorkville, IL Dear Mr. Wywrot: Enclosed for your approval is LOC reduction estimate for Raintree Village- IL 126 (temp. entrance). The temporary entrance is removed and the area is restored. We are requesting to release the remaining letter of credit amount of $1,339.53 for Raintree Village- IL 126 (Temporary Entrance). If you have any questions or require any additional information, please contact our office. Sincerely yours, Jacob & Hefner Associates, P.C. Thakor P. Patel, P.E. XC: John Whitehouse, EEI Rob Zoromski, Lennar Communities of Chicago Steve Dragoo, Lennar Communities of Chicago TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT • MUNICIPAL • SURVEYING LOC REDUCTION FOR CONSTRUCTION COST PROJECT: IL. ROUTE 126 TEMPORARY ACCESS YORKVILLE, ILLINOIS DEVELOPER: LENNAR COMMUNITIES OF CHICAGO LLC PROJECT# C-544N DATE: 8-Mar-06 JACOB & HEFNER ASSOCIATES, P.C. 1901 S. MEYERS ROAD, SUITE 350 OAKBROOK TERRACE, IL 60181 (630)-942-9000 IL ROUTE 126 TEMPORARY ACCESS YORKVILLE, ILLINOIS UNIT PERCENT ITEM# ITEM QUANTITY UNIT PRICE AMOUNT COMPLETE AMOUNT 1 ROADWAY EXCAVATION 60 C.Y. $10.00 $600 100 $600.00 2 2.0"BIT. CONC. SURF. SUPERPAVE MIX C, N70 250 S.Y. $3.00 $750 100 $750.00 3 8"CRUSHED AGG. SUB-BASE,TYPE B 250 S.Y. $10.00 $2,500 100 $2,500.00 4 R1-1 STOP SIGN 1 EACH $400.00 $400 100 $400.00 5 RESTORATION 1 L.S. $1,000.00 $1,000 100 $1,000.00 TOTAL= $5,250 TOTAL COMPLETE $5,250.00 L.O.C.#SU5015837 $5,891.00 TOTAL L.O.C.AMOUNT= $5,891.00 AMOUNT OF WORK COMPLETED A $5,250.00 AMOUNT OF WORK TO BE DONE B $0.00 PRIOR REDUCTION(S)APPROVED E $0.00 NET REDUCTION REQUESTED $5;891.00 NET L.O.C.AMOUNT TO REMAIN 1 $0.00 Co.y0 Reviewed By: Agenda 1836 Item EST. m Number J 0e Legal El W �t Finance f-1 � Engineer y City Administrator ❑ Tracking Number Consultant ❑ i � - O��1 Human Resources El P 1�! a 0 CE City Council Agenda Item Summary Memo Title: Raintree Village (Rt.126 Improvements)—Bond Reduction#1 City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: The developer has requested a reduction in the existing bond for the permanent Rt.126 improvements. I recommend a reduction in the amount of$317,967.85. The remaining bond amount would be $170,049.35. 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.+ 'A 800 Game Farm Road Esr. 1 sus Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 0� °� p Fax: 630-553-3436 Kan" LE Date: February 12, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Subject: Raintree Village (Rt.126 Improvements)—Bond Reduction#1 Attached find a request from the developer's engineer to reduce the bond for the referenced work. I have reviewed the request and concur that most of the work is complete. We have had discussions with IDOT,however, about problems with the surface course. Consequently, I recommend that we withhold all items pertaining to surface course, striping, and milling. I also recommend that we keep 50% of the landscape and erosion control items in the bond until we confirm that the parkway landscaping comes in healthy this coming spring. See the attached spreadsheet for details. I recommend that Arch Insurance Company Bond#SU501833 be reduced by the amount of$317,967.85. The remaining bond amount would be $170,049.35 Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. 12-Feb-07 Subdivision: Raintree Village- Route 126 Improvements Reduction No. 1 Bond/LOC No. Arch Insurance Company; Bond#SU5015833 LOC/Bond Approved Amount Amount complete prior Amount of Amount to remain Item Eng. Est. of LOC/Bond prior to Reduction No.1 Reduction No.1 after Red. No.1 Earthwork $83,450.00 $91,795.00 $80,950.00 $76,902.50 $14,892.50 Storm Sewer $37,209.00 $40,929.90 $37,209.00 $35,348.55 $5,581.35 Paving $231,804.00 $254,984.40 $161,980.00 $153,881.00 $101,103.40 Restoration $11,250.00 $12,375.00 $5,625.00 $5,343.75 $7,031.25 Miscellaneous $79,939.00 $87,932.90 $48,939.00 $46.492.05 $41,440.85 Totals $443,652.00 $488,017.20 $334,703.00 $317,967.85 $170,049.35 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. c) Miscellaneous work includes relocation of utility poles, traffic control, sidewalk, and construction staking. JACOB & HEFNER ASSOCIATES, P.C. 1900AKBROOK TERRACE,�IL o350 ° ENGINEERS • SURVEYORS PHONE:630-652-4600•FAX:630-652-4601 February 1, 2007 Mr. Joseph A Wywrot, P.E. City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Letter of Credit Reduction — Raintree Village- IL 126 Yorkville, IL Dear Mr. Wywrot: Enclosed for your approval is LOC reduction estimate for Raintree Village- IL 126. The letter of credit is in amount of$488,017.20. We are requesting a reduction of $401,741.25 for a net letter of credit amount of $86,275.95 to remain for Raintree Village- IL 126. If you have any questions or require any additional information, please contact our office. Sincerely yours, Jacob & Hefner Associates, P.C. yjaoc-- Thakor P. Patel, P.E. XC: John Whitehouse, EEI Rob Zoromski, Lennar Communities of Chicago Steve Dragoo, Lennar Communities of Chicago TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT • MUNICIPAL • SURVEYING LOC REDUCTION FOR CONSTRUCTION COST PROJECT: IL. ROUTE 126 IMPROVEMENTS YORKVILLE, ILLINOIS DEVELOPER: LENNAR COMMUNITIES OF CHICAGO, LLC PALATINE ILLINOIS PROJECT# C-544N PREPARED BY: AC CHECKED BY: TP DATE: 1-Feb-07 JACOB & HEFNER ASSOCIATES, P.C. 1901 S. MEYERS ROAD, SUITE 350 OAKBROOK TERRACE, IL 60181 (630)-942-9000 IL ROUTE 126 IMPROVEMENTS YORKVILLE, ILLINOIS UNIT PERCENT ITEM# ITEM QUANTIT Y UNIT PRICE AMOUNT COMPLETE AMOUNT 1 TOPSOIL STRIP TO STOCKPILE 1,900 C.Y. $4.00 $7,600 '1001" $7,600.00 2 TOPSOIL RESPREAD, 6"(FROM STKPL) 1,200 C.Y. $5.00 $6,000 100 '` $6,000.00 3 ROADWAY EXCAVATION 6,400 C.Y. $9.00 $57,600 100" $57,600.00 4 1.5" BIT. CONC. SURF. SUPERPAVE MIX C, N70 7,380 S.Y. $3.00 $22,140 0✓ $0.00 - 5 2.5" BIT. CONC. BINDER CSE., SPAVE, IL 19.0, N70 2,000 S.Y. $4.50 $9,000 100- $9,000.00 6 9" BITUMINOUS BASE COURSE, SUPERPAVE N70 2,000 S.Y. $17.00 $34,000 100- $34,000.00 7 12"CRUSHED AGG.SUB-BASE, TYPE B 2,000 S.Y. $10.00 $20,000 100- $20,000.00 8 1.5" LEVELLING BINDER, SUPERPAVE MIX C, N70 5,380 S.Y. $3.00 $16,140 100✓ $16,140.00 9 COMB. CONC. CURB&GUTTER,TYPE B-6.12 280 L.F. $11.00 $3,080 100 , $3,080.00 10 COMB.CONC. CURB&GUTTER,TYPE M-4.24 990 L.F. $15.00 $14,850 100 v $14,850.00 11 8"AGGREGATE SHOULDERS, TYPE B 850 S.Y. $8.00 $6,800 100 v $6,800.00 12 8" B.A.M. SHOULDER 1,680 S.Y. $14.00 $23,520 100" $23,520.00 13 4"CRUSHED AGG. SUB-BASE,TYPE B 1,680 S.Y. $5.00 $8,400 100 V $8,400.00 14 REMOVE AND REPLACE DRIVEWAY 315 S.Y. $26.00 $8,190 100✓ $8,190.00 15 SAW CUT, FULL DEPTH 3,600 L.F. $5.00 $18,000 100,/ $18,000.00 16 2.5"COLD MILLING 5,380 S.Y. $6.00 $32,280 100" $32,280.00 17 P.C.C. SIDEWALK 4,060 S.F. $4.00 $16,240 100✓ $16,240.00 18 THERMOPLASTIC PVMT MARKINGS- LINE 4" 6,800 L.F. $1.50 $10,200 o We $10,200.00 19 THERMOPLASTIC PVMT MARKINGS- LINE 6" 960 L.F. $2.50 $2,400 "-2100 $2,400.00 20 THERMOPLASTIC PVMT MARKINGS- LINE 12" 280 L.F. $4.00 $1,120 0190 $1,120.00 21 THERMOPLASTIC PVMT MARKINGS- LTRS &SYMB. 220 S.F. $5.00 $1,100 1.60 $1,100.00 22 RAISED REFLECTIVE PAVEMENT MARKERS 73 EACH $8.00 $584 0 W $584.00 23 12" STORM SEWER, RCP, CL V 409 L.F. $18.00 $7,362 100- $7,362.00 24 15"STORM SEWER, RCP, CL V 222 L.F. $21.00 $4,662 100' $4,662.00 25 18" STORM SEWER, RCP, CL V 70 L.F. $26.00 $1,820 100 $1,820.00 26 INLET TYPE A, 24" DIA. 1 EACH $600.00 $600 100'- $600.00 27 CATCH BASIN TYPE A, 36" DIA. 3 EACH $1,200.00 $3,600 100' $3,600.00 28 CATCH BASIN TYPE A,48" DIA. 2 EACH $1,500.00 $3,000 100' $3,000.00 29 MANHOLE TYPE A, 36" DIA. 3 EACH $1,100.00 $3,300 100- $3,300.00 30 MANHOLE TYPE A, 48" DIA. 1 EACH $1,400.00 $1,400 100' $1,400.00 31 CONC. FL. END SECT., 15"W/GRATE 1 EACH $600.00 $600 100 $600.00 32 CONC, FL END SECT., 18"W/GRATE 1 EACH $900.00 $900 100' $900.00 33 REMOVE EXISTING 18" RCP W/FES 1 L.S. $2,500.00 $2,500 100' $2,500.00 34 EXTEND EXISTING 6'X2' BOX CULVERT 1 L.S. $3,500.00 $3,500 100' $3,500.00 35 REMOVE EXISTING HEADWALL 1 EACH $2,000.00 $2,000 100.1 $2,000.00 36 TRENCH BACKFILL 45 L.F. $25.00 $1,125 100' $1,125.00 37 TRAFFIC CONTROL&PROTECTION 1 L.S. $30,000.00 $30,000 '3o -1.00 $3&,860'.00 38 RELOCATE EXISTING POW_ ER POLES 1 L.S. $25,000.00 $25,000 o ygp $25,000.00 39 RIPRAP, RR3 21 C.Y. $40.00 $840 100' $840.00 40 SEEDING WITH EXCELSIOR BLANKET 1.50 ACRE $7,500.00 $11,250 .1-00 $L1.-2�ff.00 46x 41 DITCH CHECK,AGGREGATE 10 EACH $450.00 $4,500 100" $4,500.00 42 SOIL EROSION &SEDIMENT CONTROL 1 L.S. $5,000.00 $5,000 1 $5;6 . 0 zsro 43 SILT FILTER FENCE 550 L.F. $5.00 $2,750 100/ $2,750.00 TOTAL= $434,953 TOTAL COMPLETE $412,813.00 10% CONTINGENCY= $43,495 2% CONST.STAKING $8,699 TOTAL= $487,147 AMOUNT OF WORK COMPLETED A $412,813.00 AMOUNT OF WORK TO BE DONE B $22,140.00 15%CONTINGENCY OF WORK COMPLETED C =0.15XA $61,921.95 110%OF AMOUNT OF WORK TO BE DONE D= 1.10XB $24,354.00 PRIOR REDUCTION(S)APPROVED E $0.00 NET REDUCTION REQUESTED F=L-(C+D+E) $400,871.41 NET L.O.C.AMOUNT TO REMAIN G =C+D 1 $86,275.95 `,QED C/T y Reviewed By: J2 4 Legal ❑ C�iity Council EST .`�1836 Finance 1:1 I 15 Engineer i9y.) City Administrator ❑ Agenda Item Tracking Number Consultant ❑ P W aco 1- C� LE City Council Agenda Item Summary Memo Title: Windett Ridge—Public Improvement Bond Reduction#3 City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: Recommend a reduction of$203,555.12 based on work completed to date The remaining bond amount would be $443,427.45. 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 J '° 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-8545 0� � : p Fax: 630-553-3436 <CE Date: January 30,2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cler Subject: Windett Ridge—Public Improvement Bond Reduction#3 Lexon Insurance Company—Bond#1004373 Attached find a request from Wiseman Hughes to reduce the public improvement bond for the Windett Ridge development. I have reviewed the request and concur with the amount of work constructed to date. The developer's calculations,however, failed to maintain the required 15%guarantee for substantially completed work. Please refer to the attached spreadsheet for details,which does include the 15%guarantee. I recommend that Lexon Insurance Company Bond#1004373 be reduced by the amount of$203,555.12. The remaining amount of the bond would be$443,427.45. Please place this item on the February 20,2007 Committee of Whole agenda for consideration. 30-Jan-07 Letter of Credit/Bond Reduction Subdivision: Windett Ridge(Public Improvements) Reduction No. 3 Lexon Insurance Co.-Bond#1004373 Substantially LOC/Bond Approved Original amount complete prior Red.No. 1 Red.No.2 Red. No.3 Amount to remain Item Eng. Est. for LOC/Bond to Red.No.3* Amount Amount Amount after Red.No.3 Remarks Earthwork** $49,761.00 $54,737.10 $49,761.00 $42,356.70 $0.00 $4,916.25 $7,464.15 Sanitary Sewer(onsite) $886,114.30 $974,725.73 Covered by SSA Sanitary Sewer(Corn Ed) $460,172.80 $506,190.08 $460,172.80 $435,519.71 $1,644.45 $0.00 $69,025.92 Watermain(onsite) $945,728.20 $1,040,301.02 Covered by SSA Watermain(Rt.47) $168,845.30 $185,729.83 $168,845.30 $133,701.86 $26,701.18 $0.00 $25,326.80 Storm Sewer $1,072,647.70 $1,179,912.47 Covered by SSA Roadways $1,037,667.44 $1,141,434.18 Covered by SSA Landscaping $540,440.75 $594,484.83 $302,852.10 $0.00 $202,239.37 $85,470.13 $306,775.33 Miscellaneous(public sidewalk only) $490,800.00 $539,880.00 Covered by SSA Miscellaneous*** $184,735.00 $203,208.50 $177,235.00 $7,652.25 $47,152.25 $113.168.75 $34,835.26 Sub-total $5,836,912.49 $6,420,603.74 $619,230.52 $278,137.25 $203,555.12 $443,427.45 Amount covered by SSA $4.783.527.00 $5.261.879.70 Amount covered by bond $1,053,385.49 $1,158,724.04 LOC/Bond amt.to be 15%of substantially completed items plus 110%of uncompleted items. *Items covered by SSA are not listed to avoid affecting the calculations for this bond reduction. **Earthwork items covered by this bond are not covered by the Windett Ridge"Earthwork"bond. *** Includes bike path,sidewalk,streetlights,street signs,and utility sleeves WISEMAN-HUGHES ENTERPRISES, INC. December 28, 2006 Mr. Joe Wywrot, City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Windett Ridge Subdivision Bond Reduction Request#3 Bond #1004373 Dear Joe, I would like to request a third reduction of the bond for improvements completed in substantial conformance with the approved engineering plan. A detailed breakdown is attached for your review. Therefore, we are requesting a reduction of the bond to a new amount of $350,427.20. The amount of the reduced bond is based upon the value of the improvements that remain to be completed to date, plus the original ten percent contingency. The current bond is scheduled to renew on January 30th, 2007. Please let me know the date of the City Council meeting you think this might be approved at so I can notify the surety company. I can be reached at (630) 653-0500 x24 if you have any questions or comments. Sincerely, Wiseman Hughes Enterprises, Inc. au4atlo� Danielle M. Dash, E.I.T. Project Engineer File 11 Windett Ridge 9 7 5 E A S T 22ND S T R E E T • W H E A T O N , I L L I N O I S 60 1 87 PHONE : 6 3 0 - 6 5 3 - 0 5 0 0 • FAX : 6 3 0 - 6 5 3 - 0 1 94 W W W . W 1 S E M A N HUGH E S . C O M Reduction Request#3 Windett Ridge Subdivision City of Yorkville NON SSA IMPROVEMENTS COMPLETED TO DATE Date: 12/28/06 QUANTITY TOTAL ION QUANTITY UNIT UNIT PRICE TOTAL COMPLETE COMPLETE %COMPLETE TOTAL REMAINING CODE DESCRIPT 1 Earthwork,Tree Removal,Soil Erosion&Sedimentation Control Improvements Posted Bond#621878117 dated May 30th,2003 in the amount of$1.330,156.30 Topsoil Res read-Ponds Berms&Islands 22,116 CY $2.25 $49,761.00 22,116 $49,761.00 100% $0.00 TOTAL: $49,761.00 $49,761.00 $0.00 2 Sanitary Sewer: On-Site 8"PVC SDR 26-3034 14,511 LF $21.80 $316,339.80 Paid by SSA 8"PVC SDR 21-2241 163 LF $30.70 $5,004.10 Paid by SSA 8"PVC DR 18 1,761 LF $44.20 $77,836.20 Paid by SSA 6"San.Serv.Near 138 EA $370.00 $51,060.00 Paid by SSA 6"San.Serv.Far 142 EA $1,560.00 $221,520.00 Paid by SSA San.Manhole 4'Dia. 76 EA $1,895.00 $144,020.00 Paid by SSA Drop MH 4'Dia. 5 EA $3,769.00 $18,845.00 Paid by SSA TBF Mains-CA-7 1,988 CY $25.90 $51,489.20 Paid by SSA TOTAL: $886,114.30 Paid by SSA 3 Sanitary Sewer: ComEd Easement 24"PVC DR 18 2,002 LF $98.70 $197,597.40 2,002 $197,597.40 100% $0.00 30"PVC SDR 26-3034 1,196 LF $77.50 $92,690.00 1,196 $92,690.00 100% $0.00 30"PVC DR 18 900 LF $91.40 $82,260.00 900 $82,260.00 100% $0.00 San.Manhole 5'Dia. 12 EA $3,482.00 $41,784.00 12 $41,784.00 100% $0,00 Drop MH 5'Dia. 3 EA $7,745.00 $23,235.00 3 $23,235.00 100% $0.00 30"Connection to Existing MH 1 EA $1,731.00 $1,731.00 1 $1,731.00 100% 1 $0.00 TBF Mains CA-7 806 CY $25.90 $20,875.40 806 $20,875.40 100% $0.00 TOTAL: $480,172.80 $460,172.80 $0.00 4 Watermain: On-Site B"DIP Class 52 w/Poly&Fittings 10,705 LF $21.20 $226,946.00 Paid by SSA 12"DIP Class 52 w/Poly&Fittings 3,290 LF $30.10 $99,029.00 Paid by SSA 16"DIP Class 52 w/Poly&Fittings 5,315 LF $37.40 $198,781.00 Paid by SSA 1"Type K Copper Serv.Near 118 EA $401.00 $47,318.00 Paid by SSA 1"Type K Copepr Serv.Far 162 EA $919.00 $148,878.00 Paid by SSA 8"Gate Valve w/Box 33 EA $909.00 $29,997.00 Paid by SSA 12"Butterfly Valve w/60"Vault 7 EA $2,619.00 $18,333.00 Paid by SSA 16"Butterfly Valve w/60"Vault 11 EA $2,988.00 $32,868.00 Paid by SSA Fire Hydrant 60 EA $1,919.00 $115,140.00 Paid by SSA TBF Mains CA-7 1,098 CY $25.90 $28,438.20 Paid by SSA TOTAL: $945,728.20 Page 1 of 4 CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 5 Watermain: Route 47 8"DIP Class 52 w/Poly and Fittings 1,390 LF $21.20 $29,468.00 1,390 $29,468.00 100% $0.00 12"DIP Class 52 w/Poly and Fittings 2,815 LF $30.10 $84,731.50 2,815 $84,731.50 100% $0.00 8"Gate Valve w/box 2 EA $909.00 $1,818.00 2 $1,818.00 100% $0.00 12"Gate Valve w/60"Vault 4 EA $2,619.00 $10,476.00 4 $10,476.00 100% $0.00 12"Connection to Existing Stub 1 EA $494.00 $494.00 1 $494.00 100% $0.00 Auger 24"Casing Under Route 47 1 LS $11,938.00 $11,938.00 1 $11,938.00 100% $0.00 Fire Hydrant 13 EA $1,919.00 $24,947.00 13 $24,947.00 100% $0.00 TBF Mains CA-7 192 CY $25.90 $4,972.80 192 $4,972.80 100% $0.00 TOTAL: $168,845.30 $168,845.30 $0.00 6 Storm Sewer: On-Site 4"PVC SDR 26-3034 8,160 LF $13.50 $110,160.00 Paid by SSA 6"PVC SDR 26-3034 5,809 LF $14.70 $85,392.30 Paid by SSA 12"ADS N-12 1,420 LF $18.60 $26,412.00 Paid by SSA 15"ADS N-12 633 LF $19.80 $12,533.40 Paid by SSA 18"ADS N-12 160 LF $24.10 $3,856.00 Paid by SSA 24"ADS N-12 457 LF $30.50 $13,938.50 Paid by SSA 12"RCP Class 4 O-Ring 5,587 LF $17.40 $97,213.80 Paid by SSA 15"RCP Class 4 O-Ring 2,441 LF $18.40 $44,914.40 Paid by SSA 18"RCP Class 4 O-Ring 803 LF $22.40 $17,987.20 Paid by SSA 24"RCP Class 4 O-Ring 1,406 LF $28.50 $40,071.00 Paid by SSA 30"RCP Class 4 O-Ring 2,906 LF $37.70 $109,556.20 Paid by SSA 36"RCP Class 4 O-Ring 802 LF $47.00 $37,694.00 Paid by SSA 42"RCP Class 4 O-Ring 205 LF $65.00 $13,325.00 Paid by SSA 34"X 53"HE-4 MJ 54 LF $85.00 $4,590.00 Paid by SSA 48"RCP Class 4 O-Ring 471 LF $71.50 $33,676.50 Paid by SSA 18"DIP Class 50 238 LF $44.50 $10,591.00 Paid by SSA Sump Inlet/Inlet 24"Dia. 153 EA $609.00 $93,177.00 Paid by SSA Strom MH/Inlet 48"Dia. 26 EA $1,218.00 $31,668.00 Paid by SSA Storm MH/Inlet 60"Dia. 29 EA $1,704.00 $49,416.00 Paid by SSA Storm MH 72"Dia. 15 EA $2,753.00 $41,295.00 Paid by SSA Storm MH 84"Dia. 5 EA $4,549.00 $22,745.00 Paid by SSA CB 24"Dia. 39 EA $730.00 $28,470.00 Paid by SSA CB 48"Dia. 3 EA $1,275.00 $3,825.00 Paid by SSA CB 60"Dia. 3 EA $1,857.00 $5,571.00 Paid by SSA Oulet Control Structure 2 EA $3,838.00 $7,676.00 Paid by SSA 12"FES w/Grate 4 EA $484.00 $1,936.00 Paid by SSA 15"FES w/Grate 10 EA $546.00 $5,460.00 Paid by SSA 24"FES w/Grate 10 EA $756.00 $7,560.00 Paid by SSA 30"FES w/Grate 5 EA $996.00 $4,980.00 Paid by SSA 42"FES w/Grate 1 EA $1,625.00 $1,625.00 Paid by SSA 34'X 53"FES w/Grate 1 EA $1,871.00 $1,871.00 Paid by SSA 48"FES w/Grate 1 EA $1,781.00 $1,781.00 Paid by SSA Televising 17,583 LF $1.80 $31,649.40 Paid by SSA Field Tile Connection 4 EA $349.00 $1,396.00 Paid by SSA TBF Mains CA-7 2,650 CY $25.90 $68,635.00 Paid by SSA TOTAL: $1,072,647.70 Page 2 of 4 CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 7 Roadway Construction Fine Grade(subgrade)+/-0.1' 63,650 SY $0.35 $22,277.50 Paid by SSA Geotexthe Fabric 63,650 SY $1.00 $63,650.00 Paid by SSA Stone Only Under Curbs 4" 33,870 LF $0.65 $22,015.50 Paid by SSA COMB CC&G 136-12(10"FLAG DEPTH) 35,134 LF $8.10 $284,585.40 Paid by SSA Backfill Curb 35,134 LF $0.56 $19,675.04 Paid by SSA Aggregate Base Course 10" 52,560 SY $5.00 $262,800.00 Paid by SSA Bituminous Material(Prime Coat)MC30 15,768 SY $1.00 $15,768.00 Paid by SSA Bituminous Binder Course 2.5" 52,560 SY $3.75 $197,100.00 Paid by SSA Clean and Tack 52,560 SY $0.20 $10,512.00 Paid by SSA Bituminous Surface Course 1.5" 52,560 SY $2.65 $139,284.00 Paid by SSA $1,037,667.44 a Landscaping Parkway Trees 340 EA $350.00 $119,000.00 79 $27,650.00 23% $91,350.00 Parkway Sod 50,749 SY $2.45 $124,335.05 11,672 $28,596.40 23% $95,738.65 Wetland Plantings 1 LS $85,105.70 $85,105.70 1.00 $85,105.70 100% $0.00 Wetland Management&Monitoring 1 LS $19,700.00 $19,700.00 0.22 $4,400.00 22% $15,300.01 Route 47 Entrance Landscaping 1 LS $74,110.00 $74,110.00 1.00 $74,110.00 100% $0.00 Route 47 Landscape Buffer 1 LS $44,270.00 $44,270.00 1.00 $44,270.00 100% $0.00 Cul-de-sac Islands 1 LS $3,400.00 $3,400.00 1.00 $3,400.00 100% $0.00 Buffer: Lots 94-98 1 LS $13,260.00 $13,260.00 0.00 $0.00 0% $13,260.00 Lot E Retention Pond 1 LS $17,790.00 $17,790.00 1.00 $17,790.00 100% $0.00 Lot F Retention Pond 1 LS $17,530.00 $17,530.00 1.00 $17,530.00 100% $0.00 Park Site 1 LS $21,940.00 $21,940.00 0.00 $0.00 0% $21,940.00 TOTAL: $540,440.75 $302,652.10 $237,588.66 9 Misc.Improvements Bike Path: Aggregate Base Course 8"&Bituminous Surface Course 1 LS $27,750.00 $27,750.00 1 $27,750.00 100% $0.00 Bike Path: CREDIT-Village pays for 50% 1 LS -$13,875.00 -$13,875.00 1 -$13,875.00 100% $0.00 Public Walk 32,720 LF $15.00 $490,800.00 Paid by SSA Street Signs 1 LS $8,000.00 $8,000.00 1 $8,000.00 100% $0.00 Street Lights 59 EA $2,500.00 $147,500.00 56 $140,000.00 95% $7,500.00 Utility Sleeves-4"PVC 1,024 LF $15.00 $15,360.00 1,024 $15,360.00 100% $0.00 $675,535.00 $177,235.00 $7,500.00 Page 3 or 4 CODE DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL QUANTITY TOTAL SUMMARY COMPLETE COMPLETE I%COMPLETE TOTAL REMAINING Earthwork,Tree Removal,Soil Erosion&Sedimentation Control 1 Im ovements $49,761.00 $49,761.00 $0.00 2 Sanitary Sewer: On-Site $886,114.30 Paid by SSA 3 Sanitary Sewer: ComEd Easement $460,172.80 $460,172.80 $0.00 4 Watermain: On-Site $945,728.20 Paid by SSA 5 Watermain: Route 47 $168,845.30 $168,845.30 $0.00 6 IStorm Sewer: On-Site $1,072,647.70 Paid by SSA 7 Roadway Construction $1,037,667.44 Paid by SSA 8 11-andscaping $540,440.75 $302,852.10 $237,588.66 9 IMisc.Improvements $675,535.00 $177,235.00 $7,500.00 TOTAL COST OF IMPROVEMENTS: $5,836,912.49 $1,158,866.20 $245,088.66 MINUS AMOUNT PAID BY SSA PROCEEDS: $4,783,527.00 IMPROVEMENT COST ABOVE SSA: $1,053,385.49 PLUS 10%CONTINGENCY: $105,338.55 ORIGINAL BOND AMOUNT: $1,158,724.04 TOTAL REMAINING: $245,088.66 PLUS ORIGINAL 10%CONTINGENCY: $105,338.55 REDUCED BOND AMOUNT: $350,427.20 Page 4 of 4 ♦,��0 C/T y Reviewed By: J2 ! Legal El Council Finance �f EST. Engineer 0 � � � � City Administrator ❑ Agenda Item Tracking Number �4 Consultant ❑ acc-7- Jc LE City Council Agenda Item Summary Memo Title: Autumn Creek Offsite Sanitary Sewer—Final Acceptance City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: Recommend final acceptance of the sanitary sewer across the Hamman property upon receipt of a bill of sale and a 1-year warranty bond. 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 + . '`A 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0� p Fax: 630-553-3436 LE Date: Date: January 30, 2007 To: John Crois,Interim City Admi 'stratorp\ From: Joe Wywrot, City Engineer v CC: Lisa Pickering, Deputy City C1e Eric Dhuse, Director of Public Works Subject: Autumn Creek Offsite Sanitary Sewer—Final Acceptance Attached find a request from Pulte Homes for the city to accept the offsite sanitary sewer for Autumn Creek. This is a 16" sanitary sewer that was extended across the Hamman property from Countryside Parkway. All punchlist items are complete. I recommend that the City Council accept the Autumn Creek offsite sanitary sewer for ownership and maintenance, subject to receipt of a Bill of Sale and a 1-year warranty bond in the amount of$66,435.79. This bond amount represents 10%of the cost of this work. Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. e� January 10, 2007 Mr. Joseph Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Offsite Sanitary Sewer Autumn Creek Subdivision Dear Mr. Wywrot: Pulte Homes formally requests that the United City of Yorkville accept the public improvements for the Autumn Creek Subdivision Off-Site Sanitary Sewer. To date we have received your approval of the record drawings and completed all punch list items previously requested. Please place this item for discussion on the next city council meeting. We understand that a Maintenance bond is required after acceptance in the amount of 10% of the improvement cost. If you have any questions,please contact me at 847-812-1033. Sincerely, Jason Polakow, P.E. Land Development Manager cc: Matt Cudney, Pulte Home Corporation Bill Barkley, United City of Yorkville Matt Hanegmon, Smith Engineering Consultants, Inc. Ken Huhn, Smith Engineering Consultants, Inc. 1901 N.Roselle Road,Suite 1000 Schaumburg,II. 60195 Phone 847.230.5400 Fax 847.230.5434 co. Reviewed By: Ci y Council J -n Legal ❑ ')W Finance ❑ +�zcl EST. � "isas Engineer �' �� Agenda Item Tracking Number .t City Administrator ❑ } 9 O Consultant ❑ ate% J ❑ SCE City Council Agenda Item Summary Memo Title: Raging Waves—IDOT Highway Permit#Y (Rt. 47 Watermain Crossings) City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: This highway permit application and resolution are for two 8-inch watermain crossings of Route 47. 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: Cyr o United City of Yorkville Memo 800 Game Farm Road EW: _ ,ass Yorkville, Illinois 60560 Telephone: 630-553-8545 �9 Fax: 630-553-3436 SCE Date: January 26,2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cler Subject: Raging Waves—IDOT Highway Permit#1 Route 47 Watermain Crossings Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for construction of two watermain crossings of Route 47 for the referenced development. 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. This is the first IDOT highway permit application for this project. Additional permits will be needed for construction the Rt. 47/Rosenwinkel intersection and perhaps other improvements. I recommend that this permit application and corresponding resolution be approved. Please place this permit application and resolution on the Committee of the Whole agenda of February 20, 2007 for consideration. L-10724 Illinois Department of Transportation Highway Permit District Serial No. Whereas, I (We) City of Yorkville/Raging Waves Water Park c/o Craig R. Knoche &Assoc. 24 N. Bennett (Name of Applicant) (Mailing Address) Geneva IL 60134 hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known as IL Route 47 , Section , from Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located at Galena Road. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, two (2) water main bore crossings as shown on the attached plans which become a part hereof. Boring/jacking pits shall be located in accordance with Section 530.500 of the "Accommodation of Utilities on Right-of-Way of the Illinois Highway System". Per Section 530.430 of the above manual, encasement will be required between boring/jacking pit. 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. The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this day of , Witness , City Clerk Signed a 'Mayor 800 Game Farm Road Applicant 800 Game Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville illino�s 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 14, 2006 OPER 1045(Rev. 11/06) First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the 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 Regional Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations sharl 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 14,2006 OPER 1045(Rev. 11/06) SPECIAL PROVISIONS All turf areas which are disturbed during the course of this work shall be restored to the original line and grade anc be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. No person, firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. 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. The diameter of any bored hole shall not be more than one inch larger than the outside diameter of the pipe. Excavation adjacent to the edge of pavement shall be shored to prevent caving if the distance is less than ten feet plus the depth of excavation from the edge of pavement. It is the applicant's responsibility for insuring that all requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and Division of Public Water Supplies have been satisfied. All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION WHEREAS, the city of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct two water main bore crossings beneath Illinois 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said city of Yorkville; now THEREFORE, be it resolved by the city of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the city of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed water mains 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, 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 it behalf of the city of Yorkville. 1, ,City Clerk hereby certify the above to be a true copy of the resolution passed by the City Clerk of the city of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 20 (Signature) (CORPORATE SEAL) RESOLUTION C/Ty0 Reviewed By: Agenda Item Number J �+ Legal ❑ P W 4f 1 Finance ❑ EST. ', 1836 Engineer 1►�►�� 0 ` City Administrator ❑ Tracking Number �O Consultant ❑ Human Resources ❑ W City Council Agenda Item Summary Memo Title: Autumn Creek(Rt. 34 Improvements)—IDOT Highway Permit&Resolution City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: This permit application and resolution are for the IDOT highway permit for Autumn Creek. The roadway will be widened to include turn bays, and a traffic signal will be constructed at the entrance to the development. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor and City Clerk to sign the permit form. Pass resolution guaranteeing satisfactory completion of the work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: sir o United City of Yorkville Memo 800 Game Farm Road EST. ,ass Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 09 p Fax: 630-553-3436 •(� K.nM 11L. Date: February 14,2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cler Subject: Autumn Creek(Rt. 34 Improvements)—IDOT Highway Permit&Resolution Attached find one copy each of a proposed IDOT highway permit and the corresponding resolution for construction of the Route 34 improvements adjacent to the Autumn Creek development. This improvement consists of widening Route 34 to a 3-lane cross-section, and will include left-hand turn bays at the main entrance to the development(Autumn Creek Blvd.), and a westbound right-turn lane and traffic signals at Autumn Creek Blvd. Also attached is the standard IDOT highway permit resolution,which is a guarantee by the city that the work will be properly constructed. We in turn will require the developer to provide a guarantee to us(in the form of a bond)that they will perform the work and satisfy IDOT's requirements. I recommend that this permit application and corresponding resolution be approved. Please place this permit application and resolution on the Committee of the Whole agenda of February 20,2007 for consideration. L-9459 10, Illinois Department of Transportation Highway Permit District Serial No. Whereas, I (We) City of Yorkville/Autumn Creek Subdivision c/o Smith Enaineerina 759 John Street (Name of Applicant) (Mailing Address) Yorkville IL 60560 hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known as U.S. Route 34 , Section from Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: " Located 1.5 Miles East of Illinois 47. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a signalized subdivision access and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 Gradation). (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this day of Witness Signed Applicant 800 Game Farm Road 800 Game Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville 1-1 innis 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 February 5,2007 OPER 1045(Rev. 11/06) First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing befcre 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 perm it. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the 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 Regional Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. Printed February 5,2007 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 petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. No person, firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. 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. Excavation adjacent to the edge of pavement shall be shored to prevent caving if the distance is less than ten feet plus the depth of excavation from the edge of pavement. It is the applicant's responsibility for insuring that all requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and Division of Public Water Supplies have been satisfied. All material or equipment stored along the highway shall be placed as remote as practical from the edge of , pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct a signalized subdivision access and related improvements onto U.S. 34 which by law comes under the jurisdiction ar control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be it resolved by the United City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the subdivision access by the developer and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property durin such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work*, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. I, , hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2007 .(Signature) (CORPORATE SEAL) RESOLUTION Co.y0 Reviewed By: Agenda Item Number J T Legal ❑ ( 1 Finance ❑ Esr. � 1sss zli�tbz Engineer V YJ Tracking Number -4 City Administrator ❑ �O Consultant ❑ - ` � a <<E Human Resources E] 1/� City Council Agenda Item Summary Memo Title: Kendall Marketplace (Rt.34 Improvements)—IDOT Highway Permit#4 City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: The Kendall Marketplace developer has requested that the City Council pre- approve the IDOT highway permit application and resolution. Doing so will allow him the maximum amount of time to complete the construction work this year. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CO.o United City of Yorkville Memo '`A 800 Game Farm Road MST � 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 p Fax: 630-553-3436 It Date: February 14, 2007 To: John Crois, Interim City Administrator 1 From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Cler Subject: Kendall Marketplace (Rt.34 Improvements) -IDOT Highway Permit#4 Attached find a letter from the developer requesting that the City Council pre-approve the application for the IDOT highway permit for the Route 34 improvements for Kendall Marketplace. The plans are currently being reviewed by IDOT,but they have not sent out the permit application material yet. Due to the size of the improvement the developer will need all the time he can get to complete the work this construction season,therefore they are requesting pre-approval. This is the fourth IDOT highway permit for this project. Previous permits were issued for two construction entrances and the offsite storm sewer. Also attached find a sample copy of the typical resolution form that we are required to adopt every time we apply for an IDOT highway permit. This particular resolution was for the Cozy Corner development,and will need to be modified slightly by IDOT for the Kendall Marketplace development. The resolution guarantees that the work will be performed satisfactorily. We will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application and adopt the corresponding resolution_Please place this permit application and resolution on the Committee of the Whole agenda of February 20, 2007 for consideration. ° '.', �,�, .wr+ M1 -1.wfc'aSN ft3+ ''. .✓ .,.�' ifit !tom'i h Kix r r m {y}�wta '' � 4'` "y �J. a.E,✓!f1�p aA.791tr t e. a�. t#24* *i t tit at�sAat y\'}.x} ffil s !y5#'Sk,'r, it �a-.l . ;tF#` .;f'... - '�3+7t. -"•.f" 1.'v�d-'c try x fi Ily t -tP' t r Mr. Joseph wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Kendall Marketplace Highway Permit Dear Mr. wywrot: In furtherance of our email correspondence on February 8th and 9h,2007,please allow this letter to serve as our formal request for a highway improvement permit to be placed on the February 20, 2007 committee of the whole agenda. As you know, we have been working diligently with SEC Group,Inc. as well as with the Illinois Department of Transportation(IDOT) in an effort to gain approval of the IDS and highway improvement plans. Unfortunately, based upon the timing of the City of Yorkville's meeting,we do not anticipate that we will have formal approval from IDOT prior to the February 20,2007 committee of the whole meeting. We understand that IDOT approval will occur shortly so are requesting counsel action to "pre-approve" said permit contingent upon approval from IDOT. This will allow us to move forward with site work once approval from IDOT is obtained. Such action protects the city by making the approval contingent on IDOT while allowing us to meet our obligations with the commercial enterprises to be located on this site. Thank you for agreeing to allow us to have this matter come before the committee of the whole on February 20, 2007. Should you have any question or require any further assistance,please call. Sincerely, •CANNONBALL,LLC Vny�im er Project Manager cc: file, Scott Mai - SEC f `Y•- tac 'Rai'nt.. itv,�zy � .. F 1 ;a Ott Fr 'yfi, .: r [a. r. '. f # '.F7"^�i,� 4S; `✓' [F�n n r T 'd OSSO-9ZZ-ZIE -ja,4u90 sates pieuaw3 WdT2 :ir L002 EI qad RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct two commercial entrances and related improvements along Illinois 47/126 which by law comes under the jurisdiction ar control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be it resolved by the United City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing th( United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the commercial entrances by the developer and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property durin such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work*, is not, (delete one) to be performed by the employees of the United City of Yorkville. F(jj jRTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. I, , hereby certify the above to be a City Clerk tr!,o nnnv of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this day of A.D. 2006 (Signature) (CORPORATE SEAL) RESOLUTION C/p y Reviewed By: J2 Legal El Council City EST 1 1836 Finance R (2°L r7 Engineer � Agenda Item Traclg umber s � Ci ty Administrator ❑ 4 j � a O �O Consultant ❑ W E �V City Council Agenda Item Summary Memo Title: Raymond Storm Sewer Outfall—Change Order#2 City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: This change order changes the completion date of the project from 11/15/06 to 4/27/06. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road Esr , ,a36 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Date: January 29,2007 To: John Crois,Interim City A strator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City C rk Subject: Raymond Storm Sewer Outfall—Change Order#2 Attached find one copy of proposed Change Order#2 for the referenced project. This change order extends the completion date of the project from November 15, 2006 to April 27,2006 due to delays in arranging construction funding. I recommend that this change order be approved. Please place this item on the February 20, 2007 Committee of the Whole agenda for consideration. CHANGE ORDER Order No. 2 Date: January 23, 2007 Agreement Date: November 20, 2006 NAME OF PROJECT: RAYMOND STORM SEWER OUTFALL, G-Z OWNER: United City of Yorkville CONTRACTOR: Wheaton Trenching, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. The contract completion date will be revised from November 15, 2006 to April 27, 2007. Change of CONTRACT PRICE: Original CONTRACT PRICE: $949,800.25 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $1,188,114.25 The CONTRACT PRICE due to this CHANGE ORDER will be (1nrrea ed)( deGFe,sed) by: 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be: $1,188,114.25 JUSTIFICATION 1. Delayed fund availability Change to CONTRACT TIME: Per Above CO-01 \\Neptune\EEI_Storage\DOGS\Public\Yorkville\2004\YO0413 Raymond Storm Sewer Outfall\docs\chgorder02-completion date.doc a CHANGE ORDER NO.2 PAGE 2OF2 Approvals Required: To be effective this order must be approved by the federal agency if it changes the scope or objective of the PRO?)-E7CT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDI - Requested by: Wheaton Trenching, Inc. Recommended by: r Engineering Enterprises, Inc. Accepted by: United City of Yorkville CO-02 \\Neptune\EEI_Sto rag e\DOCS\Public\Yorkville\2004\YO0413 Raymond Storm Sewer Outfall\docs\chgorder02-completion date.doc Co. Reviewed By: Agenda Item Number J? �-c► Legal El W 4C I Esr ins Finance ❑ \�� 1 Engineer .4 co City Administrator ❑ Tracking Number 0� � '�O� Consultant El IA f 3� El Human Resources C E City Council Agenda Item Summary Memo Title: Countryside Interceptor—Change Order#1 City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: This final balancing change order is in the amount of a$30,274.40 decrease. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -4 ` Telephone: 630-553-8545 0 ;A p Fax: 630-553-3436 <LE Date: February 12, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer U CC: Lisa Pickering,Deputy City Cie Subject: Countryside Interceptor—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of at$30,274.40 decrease, is the final balancing change order for this project. The change order lists the final quantities for all of the individual pay items of this contract that varied from the original quantities. Most final quantities were relatively close of the original estimates, and most were below the original estimates. Only two final quantities were significantly higher than the original estimates,those being for landscape restoration and replacement of manhole frames to have bolt-down lids. I recommend that this change order be approved. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. CHANGE ORDER Order No. 1 Date 1-22-07 Agreement Date: Aug. 19, 2005 NAME OF PROJECT: COUNTRYSIDE INTERCEPTOR YORKVILLE ILLINOIS OWNER: UNITED CITY OF YORKVILLE ILLINOIS CONTRACTOR: GLENBROOK EXCAVATING & CONCRETE INC. The following changes are hereby made to the CONTRACT DOCUMENTS: Balancing of actual final quantities installed and replacement of manhole frames and lids with bolt down model. Justification: See attached quantity balancing justification. Change to CONTRACT PRICE: $ -30,274.40 Original CONTRACT PRICE: $ 1,241,836.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 1,241,836.00 The CONTRACT PRICE due to this CHANGE ORDER will be(Inefeased)(decreased)by: $30,274.40 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,211,561.60 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased)by 0 calendar days. The date for completion of all work is (Date). Requested by: �^�- -�✓ Walter E. Deuchler Associates Inc. Accepted by: Glenbrook Excavating&Concrete Inc. Approved by: City of Yorkville IL COUNTRYSIDE INTERCEPTOR QUANTITY CHANGES AND JUSTIFICATION FOR CHANGE ORDER NO. 1 Item Change in Change to No. Description Quantity Justification Contract Price 1 6" PVC DR 25 Sanitary Sewer Subtract 110 L.F. Actual quantity installed less than plan quantity ($2,200.00) 2 8"PVC DR 25 Sanitary Sewer Subtract 10 L.F. Actual quantity installed less than plan quantity ($ 500.00) 6 6"Inserta Tee Subtract 5 each Actual quantity installed less than plan quantity ($1,000.00) Existing conditions did not warrant the use of this 10 8"DIP, Class 52 Watermain Relocation Subtract 50 L.F. bid item. ($4,000.00) Existing conditions did not warrant the use of this 11 10"DIP, Class 52 Watermain Relocation Subtract 50 L.F. bid item. ($4,500.00) Existing conditions did not warrant the use of this 13 Replacement of Curb Stop and Box Subtract 5 each bid item. ($2,500.00) Existing conditions did not warrant the use of this 14 8"Line Stop Subtract 2 each bid item. ($6,000.00) Existing conditions did not warrant the use of this 15 10" Line Stop Subtract 2 each bid item. ($7,000.00) 16 12" Line Stop Subtract 1 each Actual quantity installed less than plan quantity ($4,000.00) Existing conditions did not warrant the use of this 18 Trailer Mounted Message Boards Subtract 4 weeks bid item. ($4,000.00) 19 Unstable Soil Removal and Replacement Subtract 89 C.Y. Actual quantity installed less than plan quantity ($2,759.00) 20 Sewer Televising(Various Sizes) Subtract 306 L.F. Actual quantity installed less than plan quantity ($ 612.00) Existing conditions did not warrant the use of this 21 Temporary Bituminous Surface Subtract 125 tons bid item. ($5,000.00) Page I of 3 COUNTRYSIDE INTERCEPTOR QUANTITY CHANGES AND JUSTIFICATION FOR CHANGE ORDER NO. 1 Item Change in Change to No. Description Quantity Justification Contract Price Bituminous Concrete Binder 22 Replacement, 4-1/2" Thick Subtract 1158 S.Y. Actual quantity installed less than plan quantity ($34,740.00) Bituminous Pavement Replacement; 23 Parking Lots—3"Thick Add 23 S.Y. Actual quantity installed more than plan quantity $ 874.00 Bituminous Pavement Milling, 1-1/2" 24 Thick Subtract 13 S.Y. Actual quantity installed less than plan quantity ($ 91.00) Bituminous Concrete Surface 25 Replacement, 1-1/2" Thick Subtract 2358 S.Y. Actual quantity installed less than plan quantity ($11,790.00) Bituminous Driveway Removal & 26 Replacement, 3"Thick Add 541 S.Y. Actual quantity installed more than plan quantity $16,230.00 B6-12 Curb & Gutter Removal & 27 Replacement Subtract 300 L.F. Actual quantity installed less than plan quantity ($6,000.00) 28 PCC Driveway Removal &Replacement Add 28 S.F. Actual quantity installed more than plan quantity $ 168.00 29 PCC Sidewalk Removal &Replacement Subtract 1074 L.F. Actual quantity installed less than plan quantity ($5,370.00) 4" Top Soil; Seeding & Excelsior 30 Blanket Add 7111 S.Y. Actual quantity installed more than plan quantity $49,777.00 32 Silt Fence Installation and Removal Add 130 L.F. Actual quantity installed more than plan quantity $ 325.00 Existing conditions did not warrant the use of this 33 Pipe Socks &Dewatering Bags Subtract 30 each bid item. ($ 30.00) Page 2 of 3 COUNTRYSIDE INTERCEPTOR QUANTITY CHANGES AND JUSTIFICATION FOR CHANGE ORDER NO. 1 Item Change in Change to No. Description Quantity Justification Contract Price Existing conditions did not warrant the use of this 34 Rock Excavation Subtract 100 C.Y. bid item. ($7,500.00) Existing conditions did not warrant the use of this 35 Detector Loop Replacement @ Rt. 47 Subtract 1 L.S. bid item. ($5,000.00) Electric Cable Replacement for Lighting 36 System Subtract 1380 L.F. Actual quantity installed less than plan quantity ($13,800.00) 37 Painted Pavement Marking, 4" Subtract 200 L.F. Striping done as part of street resurfacing project. ($ 212.00) 38 Painted Pavement Marking, 6" Subtract 200 L.F. Striping done as part of street resurfacing project. ($ 318.00) 39 Painted Pavement Marking, 8" Subtract 200 L.F. Striping done as part of street resurfacing project. ($ 424.00) 40 Painted Pavement Marking, 12" Subtract 200 L.F. Striping done as part of street resurfacing project. ($ 636.00) 41 Painted Pavement Marking, 24" Subtract 200 L.F. Striping done as part of street resurfacing project. ($1,272.00) Replacement of manhole frames and lids - with bolt down model - Per the request of the YBSD. $33,605.60 TOTAL CHANGE IN CONTRACT PRICE DUE TO CHANGE ORDER NO. 1: ($30,274.40) Page 3 of 3 R. A. Ubert Construction, Inc. Invoice P 0 Box 160 DATE INVOICE� Yorkville, IL 6056E 63G-553--3733 1/1!200'7 04-445 Fax: 630-553-3744 BILL TO Countryyidc Sanitary L-ck Lids Job 4492 Atun_ Jac CITY OF YORKVILLE 600 GAME FARM ROAD YORKVILLE 1L 6056(1 TERMS PROJECT LWN COMPLE`1ON 492 QUANTITY DESCRIPTION RATE AMOUNT 17 change Awtnc&lid 1,765.00 30.005,00 � �•�,�% MAILtL-a.'P GL.1S'.�f3llvoK ?j� (G�p.(oJ 3.. (oOC�. loo �iXCA�JA-7'I�c� � Gorc�.�r Total 33,��s• �a `,-'D C/Ty Reviewed By: Agenda Item Number J� t 0 Legal ❑ 'r W Finance El� '� Engineer 0(�3 Zlllcr v1 City Administrator El Tracking Number O.. Consultant El� Human Resources ❑ goo �-- �E City Council Agenda Item Summary Memo Title: Temporary Easement—308 W. Van Emmon Street City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: This easement agreement allows the city to replace the steps leading to the front door at 308 W. Van Emmon Street. This work will be performed as part of the 2007 In-Town Road Program. 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 clr o United City of Yorkville Memo '" 800 Game Farm Road EW. 1836 Yorkville, Illinois 60560 � Telephone: 630-553-8545 O Fax: 630-553-3436 . SCE Date: February 8, 2007 To: John Crois,Interim City Administrator) , From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cie Subject: Temporary Easement—308 W.Van Emmon Street Attached find a proposed easement agreement with the property owner at 308 W. Van Emmon Street. Our 2007 In-Town Road program includes minor roadway widening and replacement of sidewalk on this section of Van Emmon Street. Due to the steep grade on the south side of the road,the plans call for lowering the sidewalk and constructing a short retaining wall along Van Emmon,just east of Adams Street. The change in grade also requires that the existing steps leading to the front door at 308 Van Emmon be replaced. This temporary easement agreement gives the city the authority to enter onto the property and perform the work. I recommend that this easement agreement be approved. Please place this item on the February 20, 2007 Committee of the Whole agenda for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF TEMPORARY CONSTRUCTION EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: Bryan and Patty Harbin, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged do hereby grant to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a temporary construction easement to remove and replace a concrete stairway on the north side of the house and perform minor grading and landscape restoration, upon, and across the tract of land described as follows, as shown on attached Exhibit"A",to-wit: That part of the Northeast Quarter of Section 32,Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest Comer or Lot 8 in Block 26 of the Original Town of Yorkville,said point also being the intersection of the south right-of-way line of Van Emmon Street and the east right-of-way line of Adams Street; thence east along said Van Emmon right-of-way line a distance of 70 feet; thence south along a line perpendicular to the last described course a distance of 5 feet;thence west along a line perpendicular to the last described course a distance of 50 feet;thence south along a line perpendicular to the last described course a distance of 8 feet; thence west along a line perpendicular to the last described course a distance of 13 feet; thence north along a line perpendicular to the last described course a distance of 8 feet; thence west along a line perpendicular to the last described course a distance of 7 feet to the east right-of-way line of Adams Street; thence north along said right-of-way line of Adams Street a distance of 5 feet to the Point of Beginning, all in the United City of Yorkville, Kendall County, Illinois, commonly known as 308 W. Van Emmon Street. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said temporary construction easement to Grantee. The Grantee herein shall and hereby agrees to: 1. The purpose of this easement is to allow the removal and replacement of the existing steps from the Van Emmon sidewalk to the front door of the building. The steps need to be re-built to align with the new sidewalk location on Van Emmon Street. Grantee shall perform said work at no cost to the Grantor. 2. Restore the surface of said temporary easement to the condition thereof existing at the time of entry upon same, and shall leave the surface of such easement level and free of all debris, rocks in excess of one inch(I"), of a minimum of six inches (6") of clean, black, fertile op soil and p pllaniting of grass g whenever disturbed. 3. Replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 4. Said easement shall expire upon completion of the 2007 In-Town Roadway Program project or June 30, 2008, whichever shall occur first. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seal this day of , 2007. Mayor �Harb�in ��B an City "� tY Clerk Patty STATE OF ILLINOIS ) COUNTY OF KENDALL ) allege and state that foregoing Grant of Temporary Construction Easement Agreement have read the b gI' nt by him subscribed, that he has knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. 112T Bryan Harbin Harbin Subscribed and sworn to before me, 4gt!� 2007. Notary Public OFFICIAL SEAL ROBIN D.BLANK Prepared by and return to: NOTARY PUBLIC OF ILLINOIS Attorney John Justin Wyeth MY COMMISSION EXPIRES: 12-10-2007 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Plat of Temporary Easement for Part of Section 32-37-7 Bristol Township, Kendall County, Illinois VAN EMMON 100.00- S T, 7' 3 0' 0 C') o o 0 Q q Q 0 0 0 0 Lot 8 Lot 7 100,00, Legal Description f or Temporary Easement That part of Section 32, Township 37 North, Range 7 East of the Third Principal Meridian described as fo(lows) Beginning at the Northwest corner of Lot 8 in Block 26 of the Original Town of Yorkville, said point also being the intersection of the south right-of-way line of Van Emmon Street and the east right-of-way tine of Adams Street, thence east along said Van Emmon right-of-way line a distance of 70 feet) thence south along a tine perpendicular to the last described course a distance of 5 feet; thence west along a line perpendicular to the last described course a distance of 50 feeti thence south along a line perpendicular to the last described course a distance of 8 feet] thence west along a line perpendicular to the last described course a distance of 13 feeti thence north along a tine perpendicular to the last described course a distance of 8 feets thence west along a tine perpendicular to the last described course a distance of 7 feet to the east right-of-way tine of Adams Streets thence north along said east right-of-way line of Adams Street a distance of 5 feet to the Point of Beginning, at( in the United City of Yorkville, Kendal( County, Illinois, commonly known as 308 W. Van Emmon Street. ® Temporary Easement Exhibit 'A' Scale 1'= 30' C/ry Reviewed By: Agenda Item Number J= 00 Legal ❑ L� �j Finance ❑ 1 1� 1836 Engineer � � :I�zl�� Tracking Number O g y City Administrator ❑ � � p Consultant El� Human Resources ❑ t <Ik E �V City Council Agenda Item Summary Memo Title: In-Town Road Program (Phase 2)—Request for Additional Compensation City Council/COW Agenda Date: February 20,2007 Committee of the Whole Synopsis: This request from Smith Engineering Consultants in the amount of$37,780.00 is for additional design engineering. 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: �.,1�o clr o United City of Yorkville Memo 800 Game Farm Road Esr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 � Fax: 630-553-3436 SCE ��•�` Date: February 12,2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer Up CC: Lisa Pickering,Deputy City C k Susan Mika,Finance Director Subject: In-Town Road Program(Phase 2)—Request for Additional Compensation Attached find a request from Smith Engineering Consultants for additional compensation for design of the roadway and utility plans for the referenced project. The request is for the amount of$37,780.00. The In-Town Road Program began in 2003 with a preliminary engineering report that recommended certain design standards that we have strived to follow as the individual projects proceeded through design and construction.We will be able to achieve most of those design standards,but for various reasons we found ourselves changing some of the standards as design of Phase 2 progressed. The reasons for changing standards were to work around existing conflicts,reduce impacts to adjacent properties, and/or reduce construction costs. We also instructed Smith to add replacement of a section of sanitary sewer on Morgan Street. Please refer to Smith's letter for specific details. I recommend that this request for additional compensation be approved. Please place this item on the February 20, 2007 Committee of the Whole agenda for consideration. Smith Engineering Consultants Civil/Structural Engineers and Surveyors February 12, 2007 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: 2007 In-Town Road Program SEC Job No.: YORK-040818-3 Supplement Request Dear Mr. Wywrot: Per field condition changes noted in the field at a walk-through on May 24, 2006 and at meetings on June 14, 2006 and December 13, 2006, Smith Engineering Consultants (SEC) is submitting a supplement request for additional work for the above referenced project. Based on this new information, there were significant increases in the level of effort required to complete the plans. The significant increases included: • Eliminating the roadway crown and sloping the pavement to the north on Madison Street from Adams Street to State Street to reduce impacts to the surrounding conditions. • Reducing the proposed roadway width of Hydraulic Avenue from Morgan Street to State Street, utilizing the existing utility pole locations as a guide, and removing the proposed type A gutter on the north side to reduce impacts to the surrounding conditions and to avoid the existing utility poles. Relocation of the existing utility poles could extend the project schedule significantly,while waiting for the utility company to relocate the utility poles. • Expanding the proposed roadway width of Heustis Street to 28' wide to accommodate a possible bus route revision. • Reducing the proposed roadway width of Mill Street to avoid existing utility poles in order to reduce the project schedule. Relocation of the existing utility poles could extend the project schedule significantly, while waiting for the utility company to relocate the poles. • Revising the proposed sidewalk location on Mill Street to remain in the same location as the existing sidewalk. This will reduce impacts to the surrounding conditions and save existing landscaping items. • Addition of sanitary sewer removal and replacement on Morgan Street from Madison Street to Hydraulic Avenue (approximately 500'). The existing condition of the sanitary sewer at this location was determined to be in poor shape and warrant replacement due to the proximity of the proposed improvements. Illinois ■ Texas A division of SEC Group,Inc. 759 John Street,Yorkville,IL 60560 t. 630.553.7560 f. 630.553.7646 wwwsecgroupinc.com Mr.Joseph Wywrot United City of Yorkville 2007 In-Town Roadway Program SEC Job No.:YORK-040818-03 r, February 12,2007 Page 2 The above modifications resulted in a significant increase in the level of effort required to complete the plans, including changes to proposed parkway cross-sections and driveways,the location of utility structures, the impact on various above-ground features and structures, and storm sewer calculations. For this effort,we are requesting a supplement in the amount of$37,780.00. In order to meet the project letting schedule, all work as listed has been completed. Descriptions of the additional tasks that have been completed are listed below: • Roadway Design o SEC revised plan sheets, typical sections, and cross-sections for the above mentioned changes. o Additional work: 218 hours, $17,170.00 • Drainage Design o SEC modified drainage swales, storm sewer and storm sewer calculations based on the above listed plan changes. o Additional work: 202 hours, $16,310.00 • Sanitary Sewer Design o SEC modified utility plans to include sanitary sewer removal and replacement on Morgan Street from Madison Street to Hydraulic Avenue. o Inclusion of sanitary sewer specifications and quantities were also completed. o Additional work: 50 hours, $4,300.00 Enclosed please find two (2) copies of the supplemental request. Should you concur,please sign and date both copies, retain one (1) for your files and return the second to our office.. Should you have any questions or need further clarification,please contact me at(630) 553-7560. Sincerely, SMITH ENGINEE G CON TANTS Andrew Svihra, P.E. Principal AS/jmk Accepted By: Date: Title: Y:\Jobs\Smith\2004\040818 York Road\administration\supplements\040818-supplement request-revised-021207-crf.doc C/T� Reviewed By: J= 0-c► Legal El 1!�l City C ci sr. � isas Finance 1-1 E Val Engineer 2 a f o 7 —� City Administrator Agenda Item Tracking Number ❑ �,, / Consultant ❑ V`� City Council Agenda Item Summary Memo Title: Traffic Signal Maintenance Agreement—Amendment#1 City Council/Committee of the Whole Date: February 20,2007 Committee of the Whole Synopsis: This agreement is to replace incandescent light bulbs with LED modules at two intersections in town. The city's share of the cost would be $4875. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EM 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 Fax: 630-553-3436 LLE Date: January 29, 2007 To: John Crois, Interim City Administratto\r From: Joe Wywrot, City Engineer U CC: Lisa Pickering, Deputy City erk Eric Dhuse, Director of Public Works Subject: Traffic Signal Maintenance Agreement—Amendment#1 Attached find one copy of a proposed agreement between IDOT and the City regarding a retrofit of two existing traffic signals in town. The agreement calls for IDOT to replace the existing incandescent signal head light bulbs with longer lasting, more energy efficient, and more visible LED modules. IDOT has estimated the cost of this work to be $6500 per traffic signal. The city's share of the total cost for both intersections would be approximately$4875,which would be budgeted for in the next fiscal year. IDOT had originally proposed to retrofit almost all of the traffic signals in town. Since most of these signals are proposed to be replaced in the near future as part of other projects,we requested that they modify the agreement to include only signals that are not scheduled for replacement in the near future. That left two signals,those being at Route 34/Center Parkway and Route 47/Cannonball Trail. We also looked at the cost of this work to see if we could do it ourselves for less cost. The LED modules cost$108 each, with 46 needed at Route 34/Center Parkway and 11 needed at Route 47/Cannonball Trail. The total cost to the city would be about $6150, therefore this proposal by IDOT is less expensive than if we were to perform the work ourselves. I recommend that this agreement be approved. Please place this item on the Committee of the Whole agenda.of February 20, 2007 for consideration. Illinois Department of Transportation Division of Highways/ District 3 700 East Norris Drive / Ottawa, Illinois/ 61350-0697 Telephone 815/434-6131 January 23, 2007 Honorable Arthur Prochaska City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Honorable Prochaska: The Illinois Department of Transportation is proposing to upgrade the traffic signals and flashing beacons on the state highways with Light-Emitting-Diode (LED) modules. These modules last longer, provide better light quality and visibility, and consume less energy than conventional lamps. We intend to get the LED retrofit accomplished, under the provisions of the existing Intergovernmental Agreement between the CityNillage and the Illinois Department of Transportation as amended by the attachment. The total preliminary estimated cost of the LED retrofit is $13,000 of which $4,875 will be the City'sNillage's responsibility and Illinois DOT's share will be $8,125. We anticipate the retrofit will be complete in the year 2007 but no later then June 30, 2008. Please indicate your acceptance of this initiative by signing and returning the attached Amendment. Upon receiving this signed Amendment, we will mail you the fully executed Amendment along with further instructions. Thank you for your cooperation in this matter. Should you have any questions or comments, please contact Dan Devine at 815-434-8505. Sincerely, C..../ 0x lzt- Diane O'Keefe, P.E. Deputy Director of Highways Regional Engineer TH:ac s:\opr\LED letter Illinois Department of Transportation AMENDMENT NUMBER 01 INTERGOVERNMENTAL AGREEMENT FOR LOCAL AGENCY MAINTENANCE OF TRAFFIC CONTROL DEVICES AGREEMENT NO. CITY OF YORKVILLE The undersigned DEPARTMENT and GOVERNMENTAL BODY(the parties) agree that the following shall amend the AGREEMENT referenced herein. All terms and conditions set forth in the original AGREEMENT, not amended herein, shall remain in full force and effect as written. In the event of conflict, the terms of this amendment shall prevail. This AGREEMENT AMENDMENT is in the best interest of the State and authorized by law. 1. DESCRIPTION OF AGREEMENT: This is the Master Agreement for Local Agency maintenance and apportionment of energy costs for traffic control devices located on State highways within or near the Local Agency. 2. EFFECTIVE DATE OF AMENDMENT: March 1, 2007 3. DESCRIPTION OF AMENDMENT: The DEPARTMENT intends to engage the GOVERNMENTAL BODY in retrofitting the incandescent traffic signal lamps with LED modules. Attachment A contains the description of amentdment. 4. ATTACHMENTS AND INCORPORATIONS: The following Attachments are hereby incorporated and made part of this AMENDMENT. Attachment A- Description of Amendment Attachment B - LED Converison Locations and the Cost Proportionment IN WITNESS WHEREOF, the parties have caused this AGREEMENT AMENDMENT to be executed on the dates shown below by representatives authorized to bind the respective parties. For The GOVERNMENTAL BODY: Arthur F. Prochaska, Jr. Signature of Authorized Representative Type or Print Name of Authorized Representative Date Mayor Title of Authorized Representative Governmental Body United City of Yorkville Legal Address 800 Game Farm Road City,State,zip York ille, Illinois 60560 For The DEPARTMENT: Diane O'Keefe,Regional Engineer,Division of Highways Joseph S.Hill,Operations Engineer,Division of Highways Milton R.Sees,Director,Division of Highways Date Attachment A Description of Amendment The Department through the Governmental Body is initiating the retrofit of traffic signal incandescent lamps to LED modules. The cost of LED retrofit at an intersection shall be shared in proportion to the number of approaches maintained by each unit of government. The intersections selected for the conversion and the share of cost responsibility at each intersection is indicated in Attachment B. The scope of the LED module conversion is limited to removing the existing optical units from the signal and pedestrian sections and installing LED modules in the same sections. Use of existing signal head housing and pedestrian head housing shall be made unless the housing cross-section is physically corroded to an extent that mounting of the LED module is not structurally sound. The use of ancillary items including but not limited to load switches shall be made only when necessary to achieve acceptable traffic signal operation. The LED conversion at all locations in Attachment B shall be completed at the latest but no later then June 30, 2008. The purchase of the LED modules and other traffic signal parts necessary for the LED conversion including but not limited to load switches, signal heads, pedestrian heads and signal head sections shall be off the State of Illinois Central Management Services procurement contracts. Attachment B LED Conversion Locations and the Cost Proportionment Estimate Cost Location State Cost Local Cost US 34 & Center Parkway $3,250 $3,250 IL 47 & Cannonball $4,875 $1,625 TOTAL $8,125 $4,875 s:\gen\wpdocs\traffic\yg\2006\2006 4th quarter\inter governmental amendment 1.doc\yg\ypg Co.y Reviewed By: J? T Le g 1 al ❑ -L��City Council Finance ❑ Esr. � ��- 1836 Engineer z 4� ,(zg(s-)Agenda Item Tracking Number O g City Administrator F1 W ?O Consultant ❑ v� ❑ SCE �v City Council Agenda Item Summary Memo Title: Rob Roy Creek Interceptor(North Branch Contract 2)-Const. Inspection City Council/Committee of the Whole Date: February 20,2007 Committee of the Whole Synopsis: This proposal by Walter E. Deuchler Associates is to perform construction inspection for this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to funding. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: clTyo United City of Yorkville Memo '(` 800 Game Farm Road- EM 1 1836 Yorkville, Illinois 60560 .4 `�` Telephone: 630-553-8545 o� ° p Fax: 630-553-3436 SCE `vim Date: January 29, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer r os� CC: Lisa Pickering,Deputy City Cle Subject: Rob Roy Creek Interceptor(North Branch Contract 2)—Construction Inspection Attached find one copy of a proposal from Walter E. Deuchler Associates to perform construction inspection services for the referenced project. The proposal is for an amount not to exceed$85,200. The amount of the proposal is approximately 6%of the construction cost,which is similar to previous Deuchler contracts. Construction of this portion of the North Branch Interceptor will extend the sewer to the proposed Bailey Meadows development,at the southwest corner of Rt. 47 and Baseline Road. I recommend that the proposal be approved subject to funding. Please place this item on the Committee of the Whole agenda of February 20, 2007 for consideration. ENGINEERING AGREEMENT FOR CONSTRUCTION SERVICES OF THE NORTH BRANCH CONTRACT NO. 2 ROB ROY CREEK INTERCEPTOR 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 City of Yorkville intends to bid and construct the North Branch Rob Roy Creek Interceptor, Contract No. 2. This section of the interceptor is located on the west side of IL Route 47,beginning at Galena Road and terminating just north of the Commonwealth Edison right-of-way. 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. 2.3 To furnish construction guidance for the Project. 2.3.1 Upon authorization of advertisement for bids by the Owner, the Engineer will furnish Owner necessary copies of the Plans and Contract Documents and will endeavor to interest competent contractors in submitting bids on the work as advertised, and will advise with the Owner in the matter of letting contracts for work on the basis of bids received. -2- 2.3.2 Video taping the site prior to any construction activity. 2.3.3 Consultation on interpretation of plans and specifications and changes under consideration as construction proceeds. 2.3.4 Establishment of lines and grades for the work as construction progresses. 2.3.5 Checking all shop and working drawings. 2.3.6 Furnishing a Resident Project Representative (RPR) at the job site to provide continuous observation of the.work. The duties, responsibilities and limitations of authority of the RPR are set forth in Exhibit D to this agreement. 2.3.7 Reviewing and checking all reports by testing laboratories on equipment and material tested, if provided by the Owner. 2.3.8 Reviewing and checking all payment estimates, change orders,records and reports required. 2.3.9 Preparing final pay estimates. 2.3.10 Preparing record drawings and supplying the City mylar record drawings after completion of construction. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, special design criteria, available plans of existing subdivisions,title searches for determination of existing right-of-way and property encumbrances. The Owner will negotiate easements with the property owners affected by the Project. 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 not-to-exceed amount of $85,200.00 based on the Engineer's Fee Schedule attached, for the 2007 calendar year or the current schedule in effect after calendar year 2007. 3.4 That those services beyond the scope of Section 1 and not included in Section 2,such as,but not limited to, assisting the Owner in negotiating easements and acquiring property, changing alignment of the interceptor due to failure in acquiring easements and others, will be considered additional work. Compensation for additional work will be paid in accordance -3- with the attached Fee Schedule for the 2007 calendar year or the current schedule in effect after calendar year 2007. 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 (30) 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 pay to Engineer the 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. 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 -4- 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 bylaw, 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 other entity or their employees 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 Proj ect 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. 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 -5- 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, parial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed 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. 4.5 That the Owner and the Engineer each binds himself and his partners, successors,executors, administrators and assigns to the other party of this Agreement and to the partners, -6- 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 fees, arising out of Engineer'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. -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 12007 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 Ti . Vice-President Walter E. Deuchler Assoc. 2007 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 55.00-72.00 JR. TECHNICIAN 37.00-50.00 TECH NICIANIDRAFTSPERSON 60.00-90.001 CONSTRUCTION OBSERVER 70.00-90.00 SURVEY CREW (2 Members) 120.00-160.00 ENGINEER 75.00-100.00 PROJECT ENGINEER 95.00-125.00 PROJECT MANAGER........ LAND SURVEYOR........... PRINCIPAL......... . 112.00-147.00 This is EXHIBIT D, consisting of 5 pages, referred to in and part of the Engineering Agreement for Construction Services of the North Branch Contract No. 2 Rob Roy Creek Interceptor dated January 19, 2007. Schedule of Duties,Responsibilities, and Limitations of Authority of Resident Project Representative The following duties, responsibilities, and limitations of authority may be incorporated in the Task Order for a Specific Project: D.1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General. RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. • RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be with Engineer and Contractor,keeping Owner advised as necessary. • RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. • RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. Page 1 of 5 Exhibit D–Duties,Responsibilities,and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright©2004 National Society of Professional Engineers for EJCDC.All rights reserved. 2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by a Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings. Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents. Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Specific Project Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work a. Conduct on-Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract _ ...._ ._ Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does Page 2 of 5 Exhibit D—Duties,Responsibilities,and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC.All rights reserved. not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups a. Consult with Engineer in advance of scheduled major inspections, tests, and systems start-ups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe,record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over a Specific Project, record the results of these inspections, and report to Engineer. 10. Records a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Specific Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site,weather conditions, data relative to questions of Change Orders, Field Orders,Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of the Work, fiunish original set of all RPR Specific Project documentation to Engineer. 11. Reports a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Page 3 of 5 Exhibit D—Duties,Responsibilities,and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright©2004 National Society of Professional Engineers for EJCDC.All rights reserved. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern.. 12. Payment Requests a. Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals a. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment(including "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. Page 4 of 5 Exhibit D—Duties,Responsibilities,and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright©2004 National Society of Professional Engineers for EJCDC.All rights reserved. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods,techniques, sequences or procedures of the Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy a Specific Project in whole or in part. Page 5 of 5 Exhibit D—Duties,Responsibilities,and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright©2004 National Society of Professional Engineers for EJCDC.All rights reserved. ♦,�40 C/ry Reviewed By: Legal El City Council Qr Finance F1 Engineer V-1 City Administrator El Agenda Item Tracking N ber g �O Consultant aOC, 7_ O SCE �V�' ❑ City Council Agenda Item Summary Memo Title: Engineering Department—Vehicle Purchase City Council/Committee of the Whole Date: February 20, 2007 Committee of the Whole Synopsis: This request is to authorize the purchase of two replacement vehicles for the Engineering Department. 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: 4 o United City of Yorkville Memo 800 Game Farm Road EW. 1 1836 Yorkville, Illinois 60560 -4 ` Telephone: 630-553-8545 0� , p� Fax: 630-553-3436 •(•, �2 Date: January 30, 2007 To: John Crois, Interim City Adm' 'strato From: Joe Wywrot, City Engineer l- CC: Lisa Pickering,Deputy City Clerk Susan Mika, Finance Director Subject: Engineering Department—Vehicle Purchase The Engineering Department has $52,000 budgeted in the current fiscal year to purchase two new vehicles. These are replacement vehicles for a 1998 pickup truck and a 1996 sedan. The existing vehicles were transferred to Engineering from other departments. The pickup currently has over 100,000 miles on the odometer and the sedan has over 185,000 miles on the odometer. I recommend purchasing two Ford Explorer SUV's for replacements. This type of vehicle has a storage area large enough for the equipment we use,provides more convenient storage for plans, and is well-suited to a construction site. The state-purchase price is $19,537 each plus delivery,title, and license plates. I also recommend that the two existing vehicles be declared surplus and disposed of. Please place this item on the Committee of the Whole agenda of February 20,2007 for consideration. C/r o Reviewed By: Agenda Item Number J Legal ❑ PW WT. ta3s Finance WT. ❑ Engineer ❑ CCity Administrator ❑ Tracking Number Consultant ❑ ' I Ll Human Resources ❑ P W �4cc CE City Council Agenda Item Summary Memo Title: Results of sealed bid for new wheel loader City Council/COW Agenda Date: February 20, 2007 COW Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: approval Council Action Requested: Approval oP submitted bid Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Co. United City of Yorkville Memo Public Works Department EST 1836 800 Game Farm Road .� rx Yorkville, Illinois 60560 0� Telephone: 630-553-4370 <E ��,�` Fax: 630-553-4377 Date: February 9, 2007 To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Works CC: Mayor and Council Subject: Wheel Loader Bid Results Joe, Bids were opened today for the possible purchase of a new wheel loader. We had one bidder which was Patten Tractor and Equipment from Elmhurst, Illinois. Their bid was for a new Caterpillar 930G wheel loader at a price of$124,750. Since we have $150,000 budgeted for this expense, I would recommend that you approve this bid and also purchase an extended warranty in the amount of$2000 that will cover the power train and hydraulic system for up to 3 years or 5000 hours of use. The total cost would be $126,750 which is a savings of$23,250 from what we had budgeted. I have attached a copy of the proposal along with some pricing that I found on line for the same machine. I would ask that this be placed on the February 20, 2007 COW meeting for discussion. If you have any questions,please let me know. Patten Elm635 hurst,Lake St ' urss t,IL 60126 P-(630)279-4400 F-(630)279-0121 February 9,2007 3931000 City of Yorkville Brian Sorensen 900 Game Farm Road Yorkville,illinois,60560 1 am pleased to quote the following machine(s): 930G WHEEL LOADER Standard Equipment Standard Equipment Cont. Attachments Installed ELECTRICAL POWERTRAIN 930G WHEEL LOADER 90-ampere alternator Caterpillar 3056E DITAAC LINKAGE,STANDARD,VERSALINK Thermal starting aid Low Emission Diesel Engine FENDERS,STANDARD Switch,battery disconnect Turbocharger STEERING,STANDARD Backup alarm Aftercooler ALTERNATOR,STANDARD,80AMP Two 950 CCA maintenance free batteries SOS port,engine oil CAB,DELUXE WITH FLOOD LIGHTS Halogen floodlights(front&rear) SOS port,transmission oil EXTERNAL MIRRORS,SUN VISOR, Directional Signals(front&rear) Autoshift transmission(4FWD/3REV) SUN SCREEN Ignition key start/stop switch Single lever transmission control w/FNR SEAT,COMFORT,AIR SUSPENSION 24 volt direct electric starting Programmable brakettransmission MIRRORS,REARVIEW,INTERNAL OPERATOR ENVIRONMENT neutralizer ENGINE,TIER 11 COMPLIANT ROPS cab,pressurized&sound suppressed Transmission oil level gauge RADIATOR,STANDARD Gauges Torque converter FAN,STANDARD Torque converter temperature Radiator,unit serviceable DIFFERENTIAL,STANDARD,FRONT Speedometer Lubed for life drive shaft DIFFERENTIAL,STANDARD,REAR Hydraulic oil temperature Conventional differentials front&rear PRECLEANER,DUSTBOWL Engine coolant temperature Enclosed,wet-disc,full hydraulic HYDRAULIC,3 VALVE 2 LEVER -Fuel level brakes QUICK DISCONNECTS,3V,STD COUPLEF Digital tachometer Air cleaner,dry type OIL COOLER,HYD.,HEAVY DUTY Digital hour meter/odometer Muffler INSTRUCTIONS,ANSI,NACD Operator warning system indicators: FueUwater separator MANUAL,OPER,MAINT,ENGLISH -Primary steering malfunction Engine fuel priming pump TIRES,600/65R25 XLD L3 -Brake charge pressure law Axle seal guards LIGHT,WARNING BEACON -Engine oil pressure low Engine speed control RADIOAM/FM WEATHER BAND -Transmission oil filter bypass Coolant protection-36C,-33F HEATER,ENGINE COOLANT,120V -Parking brake applied OTHER STANDARD EQUIPMENT PARTS BOOK,PAPER -Electrical system voltage low Parallel lift linkage w/sealed pins COUNTERWEIGHT,EXTRA,1036 LB. -Hydraulic oil filter bypass Fenders,front BUCKET,3.0 CYD,GP Interior light Swing-out hydraulic drive demand fan QUICK COUPLER,STANDARD Two doors,sliding glass Engine enclosure,lockable CUTTING EDGE,BOLT ON(4 PIECE) Seat,suspension Recovery hitch RIDE CONTROL Seat,adjustable height,backrest, Secondary and parking brake HYDRAULICS,3RD FUNCTION, armrest,fabric or vinyl Standard counterweight CONTROL FLOW Seat belt,3 inch(75mm)retractable Remote grease lines Tinted front safety glass Vandalism protection Heater/defroster/air conditioning Lockable Service Ports Electric hom,steering wheel mounted Automatic bucket/fork positioner Adjustable tilt steering column Automatic lift kickouts Rear window defrost HYDRAULIC SYSTEMS Rear view mirrors,(inside cab,qty 2) Hydraulic oil level sight guage Lighter SOS port,hydraulic oil Lunch box storage w/cup holder Hydraulic oil cooler Ground level door release Load sensing hydraulics Interior&exterior auxiliary power Load sensing steering system sockets Hydraulics,2 valve,1 lever/FNR Wet Arm wiper/washer,intermittent front Hydraulic diagnostic connectors Lunch box storage w/cup holder Pilot hydraulic implement controls Hydraulic control lever lockout Toolbox Coat hook Standard equipment may vary. Consult Patten representative for details. Tax not included. Terms are net cash. Delivery is subject to prior sale. Quote is valid for 30 days. Pricing Summary Configured Price F.O.B.Yorkville,IL $124,750.00 Machines considered for trade-in: Enter year/make/modellserA Price Less Trade(s): $124,750.00 Warra Options: Caterpillar Standard 12month or 1,500 Hour Warranty Included Extended Warranty See Below ADD$1,245 for 3 yr/5000 hr Value Assurance Powertrain Extended Warranty ADD$2,000 for 3 yr/5000 hr Value Assurance Powertrain and hydraulics Extended Warranty ADD$3,780 for 3 yr/5000 hr Value Assurance Total Plus Extended Warranty DELIVERY:7 to 8 Weeks after receipt of order Respectfully Submitted /Patten Constr uction Products i Sales Representative Standard equipment may vary. Consult Patten representative for details. Tax not included. Terms are net cash. Delivery is subject to prior sale. Quote is valid for 30 days. CAT 930G WHEEL LOADER For Sale at MachineryTrader.com Page 1 of 5 i Home I Register I Contact Us �2 Email This Machines For Sale Change Your Search You searched for:CATERPILLAR listings where the View High-Low Average model is exactly 930G in the WHEEL LOADER Print This category Show One-line Listings Number of Matches:60 Thumbnail Photos On This Page: 1 of 3 Financial Calculator Say you saw it on MachineryTrader.coml SHOW CLOSEST FIRST (usAacanada only) Status: ON/OFF Enter Postal Code:F — Go Save Postal Code what's This? YEAR MANUFACTURER MODEL PRICE(US$) LOCATION 2006 CATERPILLAR 930G $152,800 FL S/N:TWR01509,252 hours, EROPS,A/C,QC,GP BUCKET, 3V 2L HYDS, HD OIL COOLER, PT GUARDS,20.5 X 2 Kelly Tractor Co Phone:(305)592-5360 Fax:(305)477-2024 Send a Message Updated:Feb 7 2007 2:51 PM Add To'Machines Of Interest 2006 CATERPILLAR 930G $149,900 MO S/N:TWRO1461,834 hours, Cab,A/C, Ride Control Fabick Cat Phone:(800)228-8733 or(636)680-1346 Send a Messaae Updated:Feb 4 2007 10:49PM Add To'Machines Of Interest 2006 CATERPILLAR 930G $135,000 CA S/N:TWRO1882, 56 hours Johnson Machinery Phone:(951)774-3283 Details Fax:(951)276-2572 Send a Message Updated:Feb 5 2007 3:12PM Add To'Machines Of Interest 2006 CATERPILLAR 930G $132,000 MO S/N:TWRO1460, 946 hours, Cab,A/C, Ride Control, Bucket, ON RENT Fabick Cat Phone:(800)228-8733 or(636)680-1346 send a Message Updated:Feb 4 2007 10:49PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $160,000 VA S/N:OTWRO1017, Cab,AC,20.5R25, GP Bkt, 3V Carter Machinery Co.,Inc. Phone:(800)868-4228 Fax:(540)387-1692 Send a Message Updated:Dec 12 2006 7:16AM Add To'Machines Of Interest 2005 CATERPILLAR 930G $157,500 TN S/N: TWR00768, 1031 hours Stowers Machinery Corp Phone:(865)546-1414 Fax:(865)595-1030 Send a Message Updated:Jan 25 2007 5:49PM Add To'Machines Of Interest http://www.machinerytrader.com/listings/forsale/list.asp?catid=1060&man=CATERPILLA... 2/9/2007 CAT 930G WHEEL LOADER For Sale at MachineryTrader.com Page 2 of 5 2005 CATERPILLAR 930G $155,000 FL S/N:TWR00821, 1053 hours,*930G WHEEL LOADER;*LINKAGE STANDARD;*FENDERS STANDARD;*STEER ING Ring Power Corp Phone:(904)737-7730 Details&Photo(s) Fax:(904)201-7580 Send a Message Updated:Jan 17 2007 4:07PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $155,000 MO 1041 hours, series II, high lift arragment, qc bkt w/top clamp, immaculant condition Hayden Equipment Phone:(636)795-0838 Photo(s) Fax:(636)456-5255 Send a Message Updated:Jan 312007 11:05PM Add To'Machines Of Interest' 2005 CATERPILLAR 930G $155,000 FL S/N:TWR01201, 876 hours,*930G WHEEL LOADER;*FAN STANDARD;*PRECLEANER DUSTBOWL;* Ring Power Corp Phone:(904)737-7730 Details Fax:(904)201-7580 Send a Message Updated:Feb 1 2007 7:44AM Add To'Machines Of Interest 2005 CATERPILLAR 930G $147,500 MN S/N:TWR00243, Stk#: L3692 Ziegler,Inc. Phone:(800)252-5804 Details&Photo(s) Fax:(952)496-1864 Send a Message Updated:Feb 5 2007 1:56PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $145,000 FL S/N:TWR00672, 1341 hours, LINKAGE STANDARD;FENDERS STANDARD;STEERING STANDARD Ring Power Corp Phone:(904)737-7730 Details Fax:(904)201-7580 Send a Message Updated:Dec 20 2006 12:22PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $145,000 FL S/N:TWR01 198, 1041 hours, *930G WHEEL LOADER;*FAN STANDARD;*PRECLEANER DUSTBOWL;* Ring Power Corp Phone:(904)737-7730 Details Fax:(904)201-7580 Send a Message Updated:Dec 20 2006 12:24PM Add To'Machines Of Interest' 2005 CATERPILLAR 930G $139,500 NC S/N:TWR00620,610 hours,*930G WHEEL LOADER;*LINKAGE, STAN DARD;*FEN DERS, STANDARD;*STEERING Gregory Poole Equip Co Phone:(919)890-4242 Details&Photo(s) Fax:(919)890-4257 Send a Message Updated:Jan 23 2007 4:26PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $139,500 NC S/N:TWR00648, 1106 hours,*930G WHEEL LOADER;*LINKAGE, STANDARD;*FENDERS, STAN DARD;*STEERI NG Gregory Poole Equip Co Phone:(919)890-4242 Details&Photo(sl Fax:(919)8904257 Send a Message Updated:Jan 23 2007 4:26PM Add To'Machines Of Interest' 2005 CATERPILLAR 930G $139,500 NC S/N:TWR00707, 907 hours,*930G WHEEL LOADER;*LI NKAG E, STAN DARD;*FEN DERS, STAN DARD;*STEERI NG Gregory Poole Equip Co Phone:(919)890-4242 Details&Photo(s) http://www.machinerytrader.com/listings/forsale/list.asp?catid=1060&man=CATERPILLA... 2/9/2007 CAT 930G WHEEL LOADER For Sale at MachineryTrader.com Page 3 of 5 Fax:(919)890-4257 Send a Message Updated:Jan 23 2007 4:26PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $139,500 NC S/N:TWR00706, 1402 hours, *930G WHEEL LOADER;*LINKAGE, STANDARD;*FENDERS, STAN DARD;*STEERI NG Gregory Poole Equip Co Phone:(919)890-4242 Details&Photo(s) Fax:(919)890-4257 Send a Message Updated:Jan 23 2007 4:26PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $139,500 NC S/N:TWR00704, 977 hours, *930G WHEEL LOADER;*LI NKAG E, STAN DARD;*FE NDERS, STAN DARD;*STEERI NG Gregory Poole Equip Co Phone:(919)890-4242 Details&Photo(s,) Fax:(919)890-4257 Send a Message Updated:Jan 23 2007 4:27PM Add To'Machines Of Interest' 2005 CATERPILLAR 930G $139,500 NC S/N:TWR00890, 1485 hours, *930G WHEEL LOADER;*LINKAGE, STAN DARD;*FEN DERS, STAN DARD;*STEERI NG Gregory Poole Equip Co Phone:(919)890-4242 Details&Photo(s) Fax:(919)890-4257 Send a Message Updated:Jan 23 2007 4:27PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $137,500 MN S/N:TWR00299, Stk#: L3693 Ziegler,Inc. Phone:(800)252-5804 Details&Photo(s) Fax:(952)496-1864 Send a Message Updated:Feb 5 2007 1:58PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $136,395 Spain S/N:TFW00266,2000 hours, (Price entered as 105,000 Euro.) Finanzauto Phone:0034639736051 Fax:0034918701679 Send a Message Updated:Dec 5 2006 7:20AM Add' 'Machines Of Interest 2005 CATERPILLAR 930G $135,000 MI S/N:TWR00295, 367 hours Michigan CAT Phone:(248)349-4800 x4810 Details&Photo(s) Fax:(248)374-0142 Send a Message Updated:Feb 7 2007 5:11 PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $132,000 NC Cab,A/C, GP Bucket Carolina Cat Phone:(704)731-7333 Fax:(704)597-9875 Send a Message Updated:Jan 29 2007 3:19PM Add To'Machines Of Interest' 2005 CATERPILLAR 930G $130,000 CA S/N:TWR00293, Stk#:05152S,786 hours, EROPS,AC, 3V, GP, HIGH LIFT Quinn Company Phone:(562)463-4073 Fax:(562)699-4275 Send a Message Updated:Jan 22 2007 3:20PM Add To'Machines Of Interest 2005 CATERPILLAR 930G $129,000 VA 248 hours, 149 hp,29000lbs,All'06 Factory Updates/36 Mo 5000 Hr Warranty Powertrain&Hyd General Transport LLC Phone:(540)777-6025 or(540)798-6046 Details&Photo(s) Send a Message http://www.machinerytrader.com/listings/forsale/list.asp?catid=1060&man=CATERPILLA... 2/9/2007 Co.y Reviewed By: JZ 0+ Legal 11 Agenda Item Number Finance�sss F-1 Engineer ❑ !, 0) City Administrator ❑ Tracking Number Consultant ❑ ADM 2007-07 Human Resources ❑ City Council Agenda Item Summary Memo Title: Mechanic Job Description City Council/COW Agenda Date: COW—February 6, 2007 Synopsis: A draft job description for a mechanic's position, which was budgeted for an October 2006 hire. Council Action Previously Taken: Date of Action: 01/02/07 Action Taken: Bring back with justification Item Number: Type of Vote Required: N/A Council Action Requested: Discussion on justification memo Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 2`�ED �ir o United City of Yorkville Memo 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 : .gyp Fax: 630-553-7575 <LE `w Date: February 14, 2007 To: Committee of the Whole From: Bart Olson, Assistant City Administrator CC: John Crois, City Administrator Eric Dhuse, Director of Public Works Subject: Mechanic's tools I spoke with Eric Dhuse and other municipalities about the requirement that an incoming mechanic have their own tool set, who both confirmed that it is general industry standard in the public sector for a mechanic to have their own tool set. Out of the dozen or so responses from other municipalities, only a couple paid for the entire tool set. Since this is industry standard, I would suggest making this part of the job posting rather than part of the job description. Cir o United City of Yorkville Memo 800 Game Farm Road EST 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 n Fax: 630-553-7575 o �? <LE Date: January 26, 2007 To: Committee of the Whole From: Bart Olson, Assistant City Administrator Eric Dhuse, Director of Public Works CC: John Crois, City Administrator Subject: Mechanic justification Justification for this position is difficult to put into dollar amounts. Most routine maintenance (i.e. oil changes) is done by current Public Works employees for Public Works vehicles. Oil changes for police cars and other administration vehicles are not being performed by Public Works staff and currently cost the City—$30 for every oil change. Hiring a mechanic would allow the rest of the departments to achieve a reduction in cost on the oil changes and maintenance. Most shops charge upwards of$50 an hour for general maintenance; for almost all repairs,the mechanic would be able to eliminate this cost. For the Public Works department, the biggest benefit in hiring a mechanic will be the elimination of their current maintenance duties. Public Works staff is currently performing oil changes and simple maintenance on most Public Works vehicles and small equipment. For repair projects which can not be completed by current staff, elimination of time spent coordinating and executing vehicle and equipment drop-offs and pick-ups would be significant. Shops that accept our specialty vehicles are located in Joliet, Manteno, and Calumet City—delivery to these shops can use up a good portion of an employee's shift. Small equipment shops have been (historically) located closer to Yorkville and are not as expensive as general vehicle repair shops, but have been notorious for long repair times. In a few instances, Public Works employees have had to pick up a piece of small equipment from a shop and take it to another shop because the first shop could not repair the equipment within the desired timeframe. Another benefit to hiring a mechanic is the consolidation of maintenance schedules. With over 30 vehicles and many more pieces of small equipment in the Public Works department alone, there is room for improvement in the efficiency of scheduling regular maintenance for all vehicles and equipment. For certain pieces of specialized equipment,the City is required to use certain kinds of oils, fluids, and lubricants in order to keep the warranty valid. In some cases,the City is required to send in samples of the oil used in the equipment to keep the warranty valid. The employees that are currently required to keep track of the warranty information are the foreman and operators—both of which are very valuable to operations in the field. Another reason to hire mechanic is the fact that not every current employee is versed in mechanical workings. We have had cases in the past where the wrong fluids were added (hydraulic oil instead of engine oil or vice versa). If this kind of thing goes unnoticed by anyone, it could lead to serious repair bills because of the inadvertent switch. To this point, it hasn't cost anything but some time and the cost of the fluid, but if something were to happen it would easily cost thousands of dollars just for a small engine, let alone the cost of a truck motor. [Eric] The cost savings may never be a dollar for dollar swap, but my main reason for requesting a mechanic was to improve efficiency. If I have one person working on all the equipment,that means that I gain 2080 hours per year for the other employees to perform the jobs that they need to do. The way that we are growing and the amount of work that needs to be done, that is by far the best reason to hire a mechanic. If the mechanic is hired, I can consolidate all of the work that is done now in water, streets, sewer, and parks into one person. In the current fiscal year budget,the City has over $65,000 in vehicle maintenance costs and$40,000 in equipment maintenance costs budgeted. One limit on the immediate recapture of these budgeted maintenance costs is that parts and supplies for all repairs can not be eliminated. Depending on the repair and the vehicle,parts and supplies can be a large percentage of the total repair bill. Another limit on the costs the City can immediately recover in this upcoming fiscal year involves general orientation to the job. This person will not be able to take on all departments' maintenance from day one; a moderate amount of time will have to be spent acquiring the necessary equipment and allowing the employee to draft up maintenance schedules and procedures. While both of these limitations will not allow the city to save the total $105,000 in budgeted maintenance costs,the City should expect to see a reduction in total maintenance costs. For example, a recent estimate on a repair for an administration vehicle for a total charge of$815 shows that labor costs are $450;the $365 in parts may be able to be somewhat reduced, and theoretically the $450 would be eliminated. Additionally, as Eric stated in the above paragraph, the City will gain man-hours due to current employees' time being freed up. Improved service delivery from regular maintenance and shorter repair timeframes(trucks and police cars less likely to break down,not in the shop for long periods of time) is an added benefit. Maintenance—Vehicles, FY 06/07 Engineering— $2,000 Police— $35,000 Streets— $15,000 Water— $7,000 Sewer— $4,000 Recreation— $4,700 TOTAL— $67,700 Maintenance—Equipment, FY 06/07 Police - $8,400 Streets - $8,000 Water- $9,000 Sewer- $5,000 Parks - $10.000 TOTAL - $40,400 J2` r [sc ...... `— o UNI7CED CITY OF YORKVRIE MECHANIC—JOB DESCRIPTION (PROPOSED DRAFT 01-05-2007) Department: Public Works Reports to: Streets Foreman Status: Full-time; Non-exempt Supervises: None Pay Classification: Operator Position Description Overview Performs skilled repair, service and maintenance on a wide variety of City's fleet vehicles and light equipment. Essential Job Functions 1. Performs mechanical repairs and overhauls to gasoline,diesel, and hydraulic powered vehicles and equipment including squad cars, staff cars,trucks,tractors with backhoe and end loader attachments and dump trucks with snow plows. Obtains or develops cost estimates for equipment replacement or repair. 2. Performs skilled repair and maintenance on city vehicles, and equipment including law enforcement vehicles,heavy duty and light duty dump trucks,pickup trucks, administration vehicles, end loaders,backhoes,bucket trucks, cranes,rollers, sweepers, leaf machines, sewer maintenance equipment,trenchers, landscaping maintenance equipment, off site generators,brush chippers,trailers,towed equipment,and others. 3. Repairs,rebuilds, and replaces small and large engines,power train components,hydraulic components on end loaders and backhoes, steering components,brake shoes,brake discs, and ABS, hydraulic cylinders, air brake chambers and valves, carburetors, electronic ignition components, alternators, starters, generators, electronic fuel injection, etc. 4. Performs complex technical diagnoses to fuel delivery systems, direct ignition systems,ABS, SRS, heating and air conditioning systems,lighting, and emission controls. 5. Performs vehicle and equipment preventative maintenance inspections and duties such as oil changes, fluids,tune-ups,brake replacements,belt replacements,tire changes, steering, suspension,hydraulic lifting and drive systems. 6. Performs engine tune-ups and maintenance on vehicles and equipment requiring the use of computer monitors, lab scope and KV monitors, and exhaust gas analyzers. 7. Installs equipment for seasonal use such as snow plow frames, salt spreaders, sidewalk equipment, snow tires, and other snow removal equipment. 8. Installs added electrical and safety systems on new vehicles including trailer brake controllers, strobe lights and controllers, 2-way radios and chargers, accessory power outlets and reverse cameras and monitors. 9. Services vehicles and equipment in field when necessary. 1 u. Maintains recoras or aaiiy wont,time ana matenuts. 11. Participates in training and remains current on latest automotive technology and repair procedures. 12. Performs welding and fabrication on body and frame parts as well as custom-built accessories and equipment. 13. Cleans work area and follows safety rules and procedures. 14. Other duties as assigned by supervisor. Requirements 1. Extensive knowledge in the maintenance and repair of all size/ton vehicles,trucks,and equipment,including hand tools. 2. Skills in the use of automotive test equipment, hand tools and specialized repair equipment including welders, grinders, drills,tire machines and hoists. 3. Knowledge of operating principles of gasoline engines and other automotive components and systems. 4. Knowledge of occupational hazards and safety precautions. 5. Ability to follow oral and written instructions. 6. Ability to operate required office equipment in order to send and receive information with necessary optical, auditory, and manual dexterity. 7. Ability to perform mechanical duties under a variety of conditions which may require walking, bending, climbing,leaning, crawling,kneeling, stooping, standing,laying flat, and/or sitting for extended periods of time. 8. Ability to move, lift,remove and replace heavy objects,use heavy tools and/or equipment weighing up to 871bs., such as chains,pumps,motors,etc. 9. Ability to operate a motorized vehicle to transport materials within a storage facility. 10. Ability to drive an automobile,van or truck on public roads and highways. 11. Ability to use a keyboard to enter,retrieve,or transform words or data. 12. Ability to closely examine a computer screen or written reports. 13. Ability to see and accurately read fine print in low lighting conditions, such as gauges. 14. Ability to identify and distinguish colors. 15. Ability to work outdoors under severe weather conditions, such as extreme heat and cold,high winds, severe snow or rain storms, flood conditions, etc. and indoors under varying environmental conditions,which may include dust,dirt,fumes, low illumination,noise,etc. 16. Ability and willingness to respond to emergencies at any time of the day and with little notice.. Experience and Education 1. High school diploma or equivalent plus additional technical training required Three years of experience in a related field required.ASE Certification preferred. 2. Provide proof of satisfactory past work-related experience in the automotive and truck field. 3. Possess a valid Commercial Driver's License(CDL) Level A or B. The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer as the needs of the employer and/or agency change, or requirements of the position change. UNITED CITY OF YORKVILLE SALARY SCHEDULES Appr ovedI1123/04; Revised 6128105 FY 2004-2005 Min. Max. City Administrator $76,004 $107,023 Assistant City Administrator $60,000 $80,000 -Approved 2/28106" Finance Director $59,175 $83,325 Community Development Director $72,000 $95,000 **Approved 6/28/05 City Engineer $59,760 $84,150 City Park Designer $41,000 $57,000 -Approved 2128/06" Urban Designer $41,000 $57,000 "Approved 2128/06• Senior Engineering Tech $41,000 $57,000 Engineering Tech $37,260 $53,524 Reception ist/Assistant $20,800 $27,967 Administrative Support-Staff $32,085 $43,675 General Support Staff $26,910 1 $42,820 Chief of Police $65,078 $86,916 Police Office Supervisor $34,096 $48,172 Police Lieutenant $53,652 $72,200 Police Sergeant $46,506 $62,088 Police Officers **(Per Contract $39,627 $48,942 *Updated 5/1/05 Director of Public Works* $62,972 $82,204 "Revised 1/25/05 Foreman Street/Water/Park $45,550 $59,989 Maintenance Worker 1 $29,900 $41,749 Maintenance Worker II $34,155 $47,101 Operator $39,330 $52,454 Janitorial Tool Shop $23,805 $34,256 Executive Director- Parks & Rec $61,300 $86,319 Superintendent of Recreation $42,106 $59,291 Recreation Supervisor $32,085 $51,383 The salary range is subject to review and can be modified annually by Mayor& City Council. Annual Longevity Stipends will be made to all employees based upon the following After 6 years but less than 9 years $750 After 9 years but less than 14 years $1,000 After 14 years but less than 20 years $1,250 After 20 years but less than 25 years $1,500 After 25 years $2,000 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION ESTABLISHING THE JOB DESCRIPTION FOR THE POSITION OF MECHANIC IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE, after careful consideration,have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to establish a Job Description for the position of Mechanic; and WHEREAS,the position of Mechanic will have the duties and responsibilities as set forth in the attached job description; and NOW,THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB DESCRIPTION FOR THE POSITION OF MECHANIC IS HEREBY ESTABLISHED AS DEPICTED ON EXHIBIT"A" The job description for said position is attached hereto and is made part hereof as Exhibit "A". The hiring of a person to fill the said position should be subject to all probationary rules and regulations as set out in the current Employee Manual. This resolution shall become effective upon its passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of ,A.D. 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 Reviewed By: Agenda Item Number J ` � Legal ❑ C1 Esr Finance ❑ less Engineer ;r2� 141e7 y City Administrator El Tracking Number _ O Consultant ❑ �CHuman Resources ❑ .7 4 E " City Council Agenda Item Summary Memo Title: SW Comer Rt.47 & Corneils Road—Plat of Dedication City Council/COW Agenda Date: February 20,2007 Committee of the Whole Synopsis: This plat dedicates a 40-foot half right-of-way along the Comeils Road frontage of the 47/Comeils LLC property. 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`��v car o United City of Yorkville Memo 800 Game Farm Road EM. 1 1M Yorkville, Illinois 60560 Telephone: 630-553-8545 _f Sam` p Fax: 630-553-3436 LE Date: February 6, 2007 To: John Crois,Interim City Administrator From: Joe Wywrot, City Engineer O CC: Lisa Pickering, Deputy City Clerk Subject: SW Corner Rt.47 & Corneils—Plat of Dedication Attached find one copy of a proposed plat of dedication for the property at the SW corner of Route 47 and Corneils Road. The plat dedicates a half right-of-way for a section of Corneils Road. We would like to start requiring properties to dedicate right-of-way for existing roads when they annex to the city. Doing so diminishes the potential problem of having to negotiate for easements later in the development process. I recommend approval of this plat of dedication. Please place this item on the February 20, 2007 Committee of the Whole agenda for consideration. E.r nawrlo�r a..a:Fin I,A4aapv PLAT OF DEDICATION SECGR ing me C. Sm141 EnSlnaartq CanwNrnb•SEC Aubnndl0n-SEC PMnrnb moan/eee1.YM&ft/Lee CORNEILS ROAD, mm UNITED CITY OF YORKVILLE PWT W Op10'-a�M Pier FN a 00906 wm Lgwn PART OF THE NOR714EAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS NWX Av"PID O m A0.8 J8rf0YJti PAK100 E1. PARCIL CAWMILS ROAD �� I » to HEREBY DED/CA7CD I AREA AF DED/CAAON O1Jf AG I A74ff Sq. Ft. I ALL RM75-011'r-WAY DEDICATED hfWW ARE HEREBY I DEDICATED M THE UNITED CITY OF YORKYKLE FOR IMMY LPE or ALN00/►AR PUBLIC RIGHT—OF—WAY swr 471a MaNENr Mw I NVJPAM AM 1111001111111110 AN BORAEIIr NA L�[5�71]N AIAP :T I FaNnl EW=$' AM mv Raw Iff se.P '.i. Ca7s7a� awe i�'i,';'II I Afk ar� .. 488 n'�a, n� �ryi @ _::.:� �{•1Q �d• S�A��I�.!"BbL� � �I `! 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MOM •ThN map was created for use as a Mat of Dedication.- This may N not 1DWWV 37 MWDL RANGE 7 EAST.LEFDALL COIAFTY.NL.NOTS to be used for any construction or staking purpaud wlvWA consent Pea Dow at Yakm%Kee"con*MwY Asn.y 17.2007. o be Mt of Smith Engineering Cwnult.T. Inc. • This IS 14()7 a Met of Smon Na M.rmptions or agreaMnfa M to ewnrehb,use.or peseeselan can be aa+veyed from 1hN dowmw�t. •No underground improvements haw been located univ s shown and not W. C Gig I 7 7 040404-4 •No dWanee should be assumed by seeing. 1110011 yrefoul d land Svw�ar MM��_J�2_M s iQT NCI •This map Is vold without erlond embossed cr red odored end and U.: dde: 1;6%0 signature affixed a cm IYt I sm I MW SCMJ? DED a IEM MIA C/Ty Reviewed By: Agenda Item Number J� " O Legal ❑ Finance ❑ ' EST 1836 Engineer Z -.� g ] Tracking Number 4 , ® City Administrator ❑ �o p Consultant ❑ f ' r.mo Comm Human Resources ❑ City Council Agenda Item Summary Memo Title: Fox Road Sidewalks City Council/COW Agenda Date: February 20, 2007 Committee of the Whole Synopsis: The attachments summarize previous agreements and decisions regarding the sidewalk in White Oak Estates and along Fox Road. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.o United City of Yorkville Memo 4 ` 800 Game Farm Road ESL 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o� �� p� Fax: 630-553-3436 �m -W SCE Date: February 8, 2007 To: John Crois, Interim City Administrator From: Joe Wywrot, City Engineer �OT CC: Lisa Pickering, Deputy City Clerk Subject: Fox Road Sidewalks At the Committee of the Whole meeting of January 16, 2007, direction was given to proceed with Sidewalk Option#2, as shown on the attachment, and that the work be added to the Fox Road overlay project scheduled for this coming summer. Previously the committee had requested that several options be investigated for this sidewalk between the White Oak Estates and River's Edge developments. Option 42 is the alignment agreed upon by the city in 1988 when the White Oak Estates annexation agreement was approved. That agreement called for a sidewalk easement to be dedicated along the side lot line of Lot 9 (which eventually became Lot 86 of Unit 4) instead of constructing a sidewalk along Fox Road. Attached find the agreement, other correspondence regarding the sidewalk, and two photographs of the alignment. The cost of Option 42 is estimated to be $51,000. Other options were investigated, as follows: Option No. Description Estimated Cost 3 5-foot wide concrete sidewalk on north side of $92,000 Fox Road 5 8-foot paved trail on north side of Fox Road, $120,000 separated from roadway by a parkway 6 8-foot paved trail on north side of Fox Road, $205,000 separated by guardrail 7 10-foot paved trail on north side of Fox Road, $136,000 separated by a parkway 8 10-foot paved trail on north side of Fox Road, $221,000 separated by a guardrail Please place this item on the Committee of the Whole agenda of February 20, 2007 for discussion. I Q7� I U I � RIVER IN H DR m x N,CR H RAULIC AV J00 0 300 600 WFIIT q I I SCALE FEET M 1 e..a.NNHT rust UWE LOCATION A W 90cwx ro TI#VEST Or MIE OAK ALTUMATINE n aaQ MTE OA ro of usr OF w1eTE oNc ND 4 PA%VMT TO E AIMMACEO I to N J� I C, FAR C I G a I � ' Oqh O n I �qY f A5HINGTp 'q I 4O � HINCTON AR N D P YP IN E. 0 Gx\�tw N� P Z ♦� Z ` y �' I U R , S I w Al n O St i 2 y J 1 ' y I „ �•.( L I --- — am am m PK am mom um ®® T <(6y �7 I �9 I V R ST f X N I I _ .A nFN CR I I CCr-CHT®2005 ENONEERING ENTERRRISES.INC. A 200 g� Engineering Enterprises,Inc. UNITED CITY OF YORKVILLE e. p.r t.Lot FOX ROAD IMPROVEMENTS SIDEWALK ALTERNATIVES VROJ.N0. - Yo062 i Consultin g Engineers Kane and Kendall Caunti”,11"ll NLL.L.Dlott.a RLE NO. YoO J2 52 Reeler Road "°"°i"'`°0' I•m e.°RRIw Sugar Grow.Illinois 605M 630/466-9550 Kara. i )ss. BK 18 6 re-"j- COUNTY OF KENDA' ) ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of kfvtO� 1988, by and between THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS, a municipal corporation located in Kendall County, Illinois, hereinafter referred to as "City" and CRESTVIEW BUILDERS INC. , of Naperville, Illinois, hereinafter referred to as "Owners". WITNESSETH: WHEREAS, the Owners, CRESTVIEW BUILDERS INC. , own approximately //3Iff -'72/Acres of land, which land lies generally West of and contiguous to the existing corporate limits of the City, which said land is more particularly described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Owners are desirous of developing said real estate described on Exhibit "A" for R-2 Single Family residential use and are desirous of assuring to themselves that the said land owned by them can be used for said purposes if said land is annexed to the City; and WHEREAS, the Owners have presented and the City has considered the tract of land hereinabove described for residential purposes in order to make said .real estate a desirable addition to the City; and WHEREAS, the City is willing to annex the said land into the City and its Plan Commission and the City Council have heretofore approved the proposed land use and the zoning of the same at the request of the Owners; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land heretofore described herein will be annexed to the City and also providing for the orderly development thereof; and WHEREAS, CRESTVIEW BUILDERS- INC. , the Owners, and their representatives, 1 BK 18 6 PG-- have discussed the proposed development and have had numerous public meetings with the Plan Commission, the City Building and Zoning Committee and the City Council; and prior to the execution hereof, notice was duly published and a public hearing held to consider this Agreement, as required by the statutes of the State of Ilinois in such case made and provided. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree, pursuant to the terms and authority provided in Chapter 24, Section 11-15. 1-1 and following, Illinois Revised Statutes, 1987, as follows: 1. The City having had filed with it, a Petition for Annexation to the City, the City having agreed to adopt an ordinance annexing to the City the real estate described on Exhibit "A", and zoning said real estate R-2 Single Family Residential District subject to the further terms of this Agreement, into a One Family Residence District allowing the uses, size, density, areas, coverage, and maximum building height as set forth on Exhibit "B", R-2, One Family Residence District, attached hereto and made a part hereof. 2. In the development of the land hereinabove described, the Owners shall have the right to subdivide and develop the real estate in units. In connection therewith, the City Council has considered and has approved and does hereby approve the Preliminary Plat of White Oaks Farm, Yorkville, Kendall County, Illinois, a copy of said Preliminary Plat being attached hereto and made a part hereof and marked as Exhibit "C". (se e Fla? F �G �I 3. In connection with the development of the land hereinabove described, the Owners shall comply withthe provisions of the Subdivision Control Ordinance and of all other ordinances of the City in effect from time to time during -2- s BK 18 6 P6- the term of this Agreement governing the subdivision and development of land including landcash ordinances and impact fee ordinances. 4. Owners and their successors, heirs and assigns acknowledge that they are bound to make contribution under the City Land Cash Ordinance as well as the contribution of $1,50.00 per lot at the time of issuance of each respective building permit as per the terms of the City Impact Fee Ordinance. To the extent required by City ordinance or by engineering studies, Owners agree to install any necessary water detention facilities and suitable storm sewers to remove surface water from the proposed subdivision; and to reimburse the City for all engineering review fees and City Attorney's fees incurred in preparing the subject property for annexation to the United City of the Village of Yorkville. 5. The Owners agree to improve the streets within said subdivision in conformance with the City Subdivision Control Ordinance, whether said streets are public or private streets. The Owners and their successors, heirs and assigns, agree that the private street located north of the existing Burlington Railroad Crossing is to be dedicated to the UNITED CITY OF THE VILLAGE OF YORKVILLE, within five (5) years of the date of execution of this agreement automatically without the filing of any further petition. Owners and their successors, heirs and assigns further agree to acquire a permanent easement for ingress and egress from the Burlington Railroad and its successors, heirs and assigns to provide access to all lots located north of said crossing. Until said dedication, Owners and their successors, heirs and assigns shall be responsible for all maintenance on the private street; and shall hold the City harmless and indemnify the City from any claim resulting from said private road. -3- BK 18 6 P6-' 6. This Agreement shall be in full force and effect for a period of ten (10) years from and after its execution by the parties hereto and shall be and is hereby binding upon the successors, executors, administrators and assigns of the respective parties hereto. 7. Any written notices required hereunder 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 of Yorkville c/o City Clerk 610 Tower Lane Yorkville, IL 60560 With a copy to: Daniel J. Kramer City Attorney 1107A S. Bridge Street Yorkville, IL 60560 (or to the then City Attorney for the City of Yorkville) If to the Owners: Win Wehrli 124 S. Webster Suite 202 Naperville, IL 60540 Or to such other address as any party may from time to time designate in a written notice to the other parties. 8. 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. 9. Owners and their successors, heirs and assigns further agree to provide the City as follows: (A) The extension of City Sewer and Water Mains as set forth in engineering drawings incorporated herewith as Exhibit "D" at their own { 8K 18 6 MUL cost. (B) To post a suitable bond, letter of credit or acceptable security for said improvements. (C) To dedicate to the City one easement for sidewalk purposes connecting with real property to the West along either side of Lot #�. When the dedication and election of said sidewalk is made by the City; the . easement designated on the Plat not used shall revert to the ownership of the then current legal titleholder to said lot. (D) To form a private homeowners association charged with the responsibility to maintain any club facilites, jogging or walking path, retention ponds, lakes or other recreational facilities on the premises. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date and year first above written. THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, By Authority of the City Council BY: `/�6 Mayor ATTEST: C�� / City 'Clerk (Seal) OWNER: CRESTVIEW BUILDERS INC. BY: ` Daniel J. Kramer Attorney at Law 1107A S. Bridge Street Yorkville, Illinois 60560 312-553-9500 /0, P/ o 5)h lop 49 97 - • �.� E'` V`S1 FsJg�� 06-.9�1?':s1 \ .S�'�.n•`+ '� .S'�� o\ `-�.$1', 4• � urf1 i �`` l ti I r ,� /,SnJI .L%� L- -_.�—'� -.0/T—' •C9i - c E ; i __- � i' .09/ OF ` 'Sill --5;,:kz, It r i _ I s- ,0 I -- �Q `' � Sy --- Sc� __ • ___ 1, �.Oja I � - _ ;r. - " ; S 7g•18.6p' 0 1 -N 72 2•g5 34 2a. L- -- J L= -/ �- --178.67'- --- -J• 141.00 - - 134.00 178.67 -- - �2 r••r -� \-- -165.63 - --� V - - --240. 00' S 88'3500 E \ 1 $o N o Q o \ \ \ 2 N O 89 7� � '� o o �. v � co w 0 1 ern. G`� 78 O� \ o Os t 1 8.21,53 W 78.2153 E _ ' 77 G E 0.00 ` //�� — .2p , 1 .�"� 9300 rn 1 _ *^ 1 & D.E.• G t z 76 r, ; 1 88 ° 6. o � N��W ��5 U \ ` OGO Ci52 00 L3 w 0 Ry 1 9�� L. 75 � � o \ �, t✓/�/ t 4 t " S 78.21'53 W .-� p \ \ OD �6 ,�Ol 15' P.U. 79 t o 10 trL _ 219.59 ��N.... \ 1 ��G60�$ p�GP / 1 \ & D.E. 15' SCR eG/�D/ V ��Rg'� 0$,ti6 '),O�G�6 \\ 8� o EASEME N � t $7 � S 60� � / mad � N o 1 ^ �4�pp• •y1 ` '.',`� ��cr 'S 10' P.U. 1 i 3^ W CC1 �1g1 \�� \ ? & D.E. .�� 5 CEMC _ .................. o `� R_ �� REEN `\ 13A /� �i. 15' SC \ 20' P.U. rL X51.13 � •p �'�; PLANTING \ v 1 co ' v� \ �!+ 82 EASEMENT�� & D.E. � „ t -\" _� 3o iNW 10' P.U. 1 t 86s '\ `��`ra: & D.E. op N 11 15- D. P.U. ^C� '�G1 c� 83 �;a's �� '\$DEG 1'Sl � l ,� =15' SCREEN \ �� p. 1 16 P PLANTING 6 S` Gp- 84 \ :%EASEMENT 0 8 11 ATION V / 10 P.U. \ \ ,�5g 9� '(F-° P ( & D.E. �01G 1 85 P.U., 15' SCREEN I �� . Ac X16 D.E. & 10 1 t 20' P.U. PLANTING 1 t Q1 R S.E. & D.E. EASEMENT L X15 66Q FOB L-60 cA � 1 1 10' P.U. 1 & D.Ey� 10' P.U.' & D.E. )UND 5/8" i% < 83 RON PIPE t ' T CORNER ` CEMCON, Ltd. CONSULTING ENGINEERS,LAND SURVEYORS&PLANNERS 1N131 COUNTY FARM ROAD WINFIELD,ILLINOIS 60190 • (312)653-1030 Randall W.Bus,P.E. Thomas C.WhK P.E.,L.S. President Vice-President July 27, 1988 City of Yorkville 610 Tower Lane Yorkville, IL 60560 Attn: Fran Klaas Re: White Oak Farm Revised Preliminary Plat and Preliminary Engineering Plan 455. 011 Dear Mr. Klaas: Attached are fifteen (15) prints of the Preliminary Plat and Preliminary Engineering Plan for the above mentioned project. In accordance with recommendations requested by the Building and Zoning Commission at the July 12th meeting, we have revised the plans as follows: 1. The sidewalk along Fox Road west of White Oak Way is deleted. Pedestrian traffic will use the sidewalk on Cemcon Circle. Public access easements have been added between Lots 9 and 10 and Lots 8 and 9 . This will provide pedestrian access for possible future developments to the West. 2 . Right-of-way width is increased to 66 feet from 55 feet. 3 . Street lights are added at all street intersections. 4 . A 30 foot wide public utility and drainage easement is provided along the route of the existing sanitary sewer trunk main. The purpose of this is for possible future sanitary sewer construction. 5. The private road along the Fox River is to be constructed to the same specifications as the public roadways. This private road will become a public road five years after the Pre-annexation Agreement is signed. The railroad crossing will conform to Burlington Northern Standards. July 27, 1988 Attn: Fran Klaas Page Two 6. In accordance with a Preliminary Engineering Study by Baxter & Woodman Engineers, we have reserved a 25 foot wide public utility and drainage easement along the south side of the Burlington Northern Railroad R.O.W. to accommodate construction of a future sanitary sewer trunk main at this location. We believe that these Preliminary Plans are in accordance with the concerns of the City's Commissioners and Staff. Please advise if you have any questions or need any additional information at this time. Very truly yours, CEMCON, Ltd. Michael J. Mueller, P.E. MJM:jmb Enc. cc. Randy Bus Ron Wehrli, w/enc. Win Wehrli, w/enc. C E M C ON, Ltd. CONSULTING ENGINEERS,LAND SURVEYORS 6 PLANNERS _ - Ave Radke Ave. Small - Ave Motion carried . the rezoning for the August 25 , 1 9 8 8 meeting . Alderman Radke reported on the McCov Variance ZBA McCov Variance went. b(-. i (.)re Lhe Zonins� Board of Appeals . No objectors were present . The Zoninp_ Board of re.cliles t he granted , seconded by Al derman Fey Radke Ave Fev Ave Hayden Ave Bown Ave Motion carried . Attorney Wierli requested Mike Mueller to pre- White Oak Farm White Oak Farm Subdivision on behalf ot CresL- view Builders . Streets lights at the intersec- tions have been added They have provided a more uniform roadway up to ;pecifications . The 4!-E sidewalk on the north side of Fox Road has been eliminated , and a pedesLrian walkway provided from the west . The roadway has been widened . 'rhere will be n 25 ' easement on Lhe qoiiLhqide. of east side of the property . There will need to be an agreement with KurlingLon NorLhern . Alderman Bown moved to annex the White Oak Farm Subdivision , subject to approval of the Annexation Agreement being prepared . Motion was seconded by Alderman Fey . Clerk called the roll as follows '. Bown Aye Fahrlander Ave Motion carried . Clerk Erickson was requested to srhedule a Pijblic CC Public Hearing rm Annexation of White Oak Farm Subdivision for Annexation Alderman Jahp stated his concern for safety at the railroad tracks for all aspects within the subdivision . Attornev Weirli assured him it was of the utmost concern for everyone . r r, b: 3 v v, 'a 1 y 1 r t oil DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ACCURINT ACCURINT - ACCOUNT #1249304 124930420070131 01/31/07 01 POLICE-BACKGROUND CHECKS 01-210-65-00-5804 02/27/07 14.25 OPERATING SUPPLIES INVOICE TOTAL: 14.25 VENDOR TOTAL: 14.25 ATLAS ATLAS BOBCAT 345423 01/25/07 01 STREETS-BOBCAT REPAIRS 01-410-62-00-5408 00203480 02/27/07 363.26 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 363.26 VENDOR TOTAL: 363.26 ATT AT&T 6305531141-0107 01/25/07 01 POLICE-FAX 01-210-62-00-5436 02/27/07 36.98 TELEPHONE INVOICE TOTAL: 36.98 6305534349-0107 01/25/07 01 ADMIN-CITY HALL CENTEX 01-110-62-00-5436 02/27/07 775.87 TELEPHONE 02 POLICE-CITY HALL CENTEX 01-210-62-00-5436 775.87 TELEPHONE 03 WATER OP-CITY HALL CENTEX 51-000-62-00-5436 775.88 TELEPHONE INVOICE TOTAL: 2,327.62 6305536522-0107 01/25/07 01 WATER OP-131 E. HYDRAULIC 51-000-62-00-5436 02/27/07 29.07 TELEPHONE INVOICE TOTAL: 29.07 6305537575-0107 01/25/07 01 ADMIN-FAX 01-110-62-00-5436 02/27/07 29.63 TELEPHONE INVOICE TOTAL: 29.63 6308826526-0107 01/25/07 01 WATER OP-COUNTRYSIDE LIFT 51-000-62-00-5436 02/27/07 58.62 TELEPHONE INVOICE TOTAL: 58.62 VENDOR TOTAL: 2,481.92 r V P1 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ATTLONG AT&T LONG DISTANCE 828932136-0207 02/01/07 01 ADMIN-MONTHLY USAGE 01-110-62-00-5436 02/27/07 8.61 TELEPHONE 02 POLICE-MONTHLY USAGE 01-210-62-00-5436 235.19 TELEPHONE 03 WATER OP-MONTHLY USAGE 51-000-62-00-5436 16.98 TELEPHONE INVOICE TOTAL: 260.78 851600270-1206 12/09/06 01 WATER OP-MONTHLY USAGE 51-000-62-00-5436 02/27/07 3.21 TELEPHONE INVOICE TOTAL: 3.21 VENDOR TOTAL: 263.99 AWC ASSOCIATION FOR WOMEN IN 020807 02/08/07 01 ADMIN-MEMBERSHIP RENEWAL 01-110-64-00-5603 00101893 02/27/07 159.00 SUBSCRIPTIONS INVOICE TOTAL: 159.00 VENDOR TOTAL: 159.00 AWWA AMERICAN WATER WORKS ASSOC 20425579 11/08/06 01 WATER OP-YEARLY DUES 51-000-64-00-5600 02/27/07 64.05 DUES INVOICE TOTAL: 64.05 VENDOR TOTAL: 64.05 BATTERYS BATTERY SERVICE CORPORATION 160225 01/31/07 01 SEWER OP-DIESEL BATTERY 52-000-62-00-5409 00202960 02/27/07 230.85 MAINTENANCE-VEHICLES INVOICE TOTAL: 230.85 VENDOR TOTAL: 230.85 BOZUES STEVE BOZUE P2 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BOZUES STEVE BOZUE 012307 01/23/07 01 POLICE-JACKET 01-210-62-00-5421 02/27/07 42.69 WEARING APPAREL 02 POLICE-ISP LUNCH 01-210-64-00-5605 5.00 TRAVEL EXPENSES INVOICE TOTAL: 47.69 VENDOR TOTAL: 47.69 CARGILL CARGILL, INC 1797871 01/19/07 01 MFT-BULK ICE CONTROL 15-000-65-00-5818 00203556 02/22/07 2,996.77 SALT INVOICE TOTAL: 2,996.77 1801226 01/23/07 01 MFT-SALT 15-000-65-00-5818 00203477 02/27/07 5,953.37 SALT INVOICE TOTAL: 5,953.37 1805230 01/25/07 01 MFT-SALT 15-000-65-00-5818 00203477 02/27/07 1,001.65 SALT INVOICE TOTAL: 1,001.65 1807159 01/26/07 01 WATER OP-SALT 51-000-65-00-5820 00203661 02/27/07 2,214.58 CHEMICALS INVOICE TOTAL: 2,214.58 1810687 01/30/07 01 MFT-BULK ICE CONTROL 15-000-65-00-5818 00203556 02/22/07 7,978.71 SALT INVOICE TOTAL: 7,978.71 VENDOR TOTAL: 20,145.08 CDWG CDW GOVERNMENT INC. DJQ2839 02/02/07 01 ADMIN-9 MONITORS 01-110-75-00-7002 00101889 02/27/07 1,829.35 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 1,829.35 VENDOR TOTAL: 1,829.35 P3 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CENTRALL CENTRAL LIMESTONE COMPANY, INC 6051 01/31/07 01 WATER OP-GRAVEL 51-000-65-00-5817 02/27/07 60.03 GRAVEL INVOICE TOTAL: 60.03 VENDOR TOTAL: 60.03 CINTAS CINTAS FIRST AID & SAFETY 0343399237 02/13/07 01 ADMIN-REFILL MEDICINE CABINET 01-110-65-00-5804 02/27/07 44.28 OPERATING SUPPLIES INVOICE TOTAL: 44 .28 VENDOR TOTAL: 44.28 COMDIR COMMUNICATIONS DIRECT INC 73156 02/01/06 01 POLICE-CAMERA & MIC REPAIR 01-210-62-00-5409 00303792 02/27/07 201.38 MAINTENANCE - VEHICLES INVOICE TOTAL: 201.38 VENDOR TOTAL: 201.38 COMED COMMONWEALTH EDISON 0662076002-0107 01/31/07 01 STREETS-LIGHTS 01-410-62-00-5435 02/27/07 5,288.98 ELECTRICITY INVOICE TOTAL: 5,288.98 2019099044-0207 02/07/07 01 WATER OP-WELLS 51-000-62-00-5435 02/27/07 7,092.07 ELECTRICITY INVOICE TOTAL: 7,092.07 4633045006-0207 02/06/07 01 STREETS-LIGHTS 01-410-62-00-5435 02/27/07 3,844.85 ELECTRICITY INVOICE TOTAL: 3,844 .85 6819027011-0207 02/06/07 01 STREETS-PARK & REC BUILDINGS 01-410-62-00-5435 02/27/07 649.67 ELECTRICITY INVOICE TOTAL: 649.67 VENDOR TOTAL: 16,875.57 P4 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP4410OO.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ DATACOM DATACOM 012907 01/29/07 01 POLICE-INTEGRITY SHIELD 01-210-75-00-7002 00303784 02/27/07 399.00 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 399.00 VENDOR TOTAL: 399.00 DOMESTIC DOMESTIC UNIFORM RENTAL 013107 01/31/07 01 STREETS-JANUARY UNIFORMS 01-410-62-00-5421 02/27/07 306.25 WEARING APPAREL 02 WATER OP-JANUARY UNIFORMS 51-000-62-00-5421 306.25 WEARING APPAREL 03 SEWER OP-JANUARY UNIFORMS 52-000-62-00-5421 306.25 WEARING APPAREL INVOICE TOTAL: 918.75 VENDOR TOTAL: 918.75 EBENROTH EBENROTH & ASSOCIATES, INC. 07-6964 02/02/07 01 MUNICIPAL BLDG-COUNTER TOPS 16-000-75-00-7210 00402293 02/27/07 3,950.00 BLDG IMPROV-POST OFFICE INVOICE TOTAL: 3,950.00 VENDOR TOTAL: 3,950.00 FIRST FIRST PLACE RENTAL 148875 01/26/07 01 SEWER OP-PAINT 52-000-62-00-5419 00203557 02/27/07 404.94 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 404.94 VENDOR TOTAL: 404.94 FOXRIDGE FOX RIDGE STONE 1039 01/31/07 01 WATER OP-GRAVEL 51-000-65-00-5817 00203558 02/27/07 380.00 GRAVEL INVOICE TOTAL: 380.00 VENDOR TOTAL: 380.00 P5 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ FOXVALSA FOX VALLEY SANDBLASTING 14892 01/29/07 01 STREETS-POWDER COAT LIGHTS 01-410-62-00-5415 00203108 02/27/07 1,256.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 1,256.00 14936 02/02/07 01 STREETS-SANDBLAST LAMP POSTS 01-410-62-00-5415 00203482 02/27/07 1,256.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 1,256.00 VENDOR TOTAL: 2,512.00 GJOVIKFD GJOVIK CVCS137166 02/01/07 01 ADMIN-2 TIRES, GASKET, HANDLE 01-110-65-00-5804 00101887 02/27/07 1,242.60 OPERATING SUPPLIES INVOICE TOTAL: 1,242.60 VENDOR TOTAL: 1,242.60 GLEASON GLEASON TILE INC. 337490 02/05/07 01 MUNICIPAL BLDG-INSTALL TILE 16-000-75-00-7210 00402273 02/27/07 2,880.00 BLDG IMPROV-POST OFFICE 02 IN LOBBY & BREAK ROOM ** COMMENT ** INVOICE TOTAL: 2,880.00 VENDOR TOTAL: 2,880.00 GLENBROK GLENBROOK EXCAVATING & 013107-DEUCHLER 01/31/07 01 SEWER IMPROV-COUNTRYSIDE 37-000-75-00-7503 02/27/07 32, 934.22 COUNTRYSIDE INTERCEPTOR 02 INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 32,934.22 VENDOR TOTAL: 32,934.22 GLOCK GLOCK PROFESSIONAL, INC., 118764-01 01/22/07 01 POLICE-3 GLOCK ARMORER'S 01-210-64-00-5604 00303778 02/27/07 450.00 TRAINING & CONFERENCE P6 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GLOCK GLOCK PROFESSIONAL, INC., 118764-01 01/22/07 02 COURSE ** COMMENT ** 00303778 02/27/07 INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 GREATAME GREATAMERICA LEASING CORP. 6257007 02/05/07 01 ADMIN-LEASE 7 COPIERS 01-110-62-00-5412 02/27/07 1, 964.69 MAINTENANCE - PHOTOCOPIERS INVOICE TOTAL: 1,964.69 VENDOR TOTAL: 1,964.69 HARRIS HARRIS XT00000687 01/26/07 01 ADMIN-TRAVEL EXPENSES 01-110-64-00-5605 02/27/07 71.20 TRAVEL/MEALS/LODGING INVOICE TOTAL: 71.20 VENDOR TOTAL: 71.20 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 4604780 01/25/07 01 WATER OP-GUAGE WIRE 51-000-75-00-7508 00203660 02/27/07 292.60 METERS & PARTS INVOICE TOTAL: 292.60 4608960 01/26/07 01 WATER OP-METERS 51-000-75-00-7508 00203660 02/27/07 504.17 METERS & PARTS INVOICE TOTAL: 504.17 VENDOR TOTAL: 796.77 HELLANDJ HELLAND, JONATHON 012707 01/27/07 01 POLICE-UNIFORM PANTS 01-210-62-00-5421 02/27/07 29.99 WEARING APPAREL INVOICE TOTAL: 29.99 VENDOR TOTAL: 29.99 P7 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ HENNE VERNE HENNE CONSTR. & 9723 02/05/07 01 MUNICIPAL BLDG-INSTALL PHONES 16-000-75-00-7210 00402286 02/27/07 8,350.00 BLDG IMPROV-POST OFFICE 02 & WALL RACK ** COMMENT ** INVOICE TOTAL: 8,350.00 VENDOR TOTAL: 8,350.00 ICCI INTERNATIONAL CODES 20070202 02/05/07 01 ADMIN-2ND HALF JANUARY PERMITS 01-110-61-00-5314 02/27/07 23,925.45 BUILDING INSPECTIONS INVOICE TOTAL: 23,925.45 VENDOR TOTAL: 23,925.45 IDABWM ILLINOIS DEPT. OF AGRICULTURE 70000460 01/16/07 01 POLICE-SCALE CERTIFICATIONS 01-210-62-00-5408 00303793 02/27/07 392.01 MAINTENANCE - EQUIPMENT 02 POLICE-SCALE CERTIFICATIONS 01-210-65-00-5804 351.99 OPERATING SUPPLIES INVOICE TOTAL: 744.00 VENDOR TOTAL: 744.00 IEMA ILLINOIS EMERGENCY 048490 12/15/06 01 WATER OP-RADIUM SAMPLING 51-000-65-00-5822 00203560 02/27/07 1,140.00 WATER SAMPLES INVOICE TOTAL: 1,140.00 VENDOR TOTAL: 1,140.00 ILLIQUOR ILLINOIS LIQUOR CONTROL 021307 02/13/07 01 POLICE-LICENSE FOR ALCOHOL 01-210-65-00-5804 00303791 02/27/07 250.00 OPERATING SUPPLIES 02 SELLER/SERVER TRAINING ** COMMENT ** INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 P8 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JEWEL PURCHASE ADVANTAGE CARD 012607-PD 01/26/07 01 POLICE-PLATES, WATER, BAGS 01-210-64-00-5605 02/27/07 17.38 TRAVEL EXPENSES INVOICE TOTAL: 17.38 VENDOR TOTAL: 17.38 JIFFY JIFFY LUBE 5453509 02/11/07 01 POLICE-OIL CHANGE 01-210-62-00-5409 02/27/07 32.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 32.99 VENDOR TOTAL: 32.99 JIMSTRCK JIM'S TRUCK INSPECTION 1016 01/31/07 01 STREETS-TRUCK INSPECTION 01-410-61-00-5314 02/27/07 21.00 INSPECTIONS & LICENSES INVOICE TOTAL: 21.00 VENDOR TOTAL: 21.00 JULIE JULIE, INC. 01-07-1726 02/01/07 01 WATER OP-JANUARY LOCATES 51-000-61-00-5303 02/27/07 613.35 JULIE SERVICE INVOICE TOTAL: 613.35 VENDOR TOTAL: 613.35 KCRECORD KENDALL COUNTY RECORD 82-07 01/31/07 01 ADMIN-ACCOUNTING AD, SSA 01-110-65-00-5810 02/27/07 220.65 PUBLISHING & ADVERTISING 02 AR-LANDFILL 01-000-13-00-1375 108.40 A/R LANDFILL 03 ARO-RUSH COPLEY, MARKETPLACE, 01-000-13-00-1372 310.40 A/R - OTHER P9 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KCRECORD KENDALL COUNTY RECORD 82-07 01/31/07 04 BRIGHTON OAKS, BURGGRAF, TRUST ** COMMENT ** 02/27/07 INVOICE TOTAL: 639.45 VENDOR TOTAL: 639.45 KENPRINT KENDALL PRINTING 15029 01/31/07 01 ENG-500 BUSINESS CARDS 01-150-65-00-5801 02/12/07 29.00 ENGINEERING SUPPLIES INVOICE TOTAL: 29.00 15034 02/02/07 01 POLICE-500 BUSINESS CARDS 01-210-65-00-5809 02/27/07 44.00 PRINTING & COPYING INVOICE TOTAL: 44.00 15043 02/05/07 01 POLICE-1000 PROPERTY CONTROL 01-210-65-00-5809 00303794 02/27/07 456.45 PRINTING & COPYING 02 REPORTS ** COMMENT ** INVOICE TOTAL: 456.45 15057 02/08/07 01 POLICE-1000 PAYROLL VOUCHERS 01-210-65-00-5809 02/27/07 123.65 PRINTING & COPYING INVOICE TOTAL: 123.65 VENDOR TOTAL: 653.10 KOLOWSKT TIMOTHY KOLOWSKI 021207 02/12/07 01 POLICE-VEST 01-210-62-00-5422 00303795 02/27/07 491.71 COPS GRANT IV - VESTS INVOICE TOTAL: 491.71 VENDOR TOTAL: 491.71 KOPYKAT KOPY KAT COPIER 20059 02/01/07 01 ADMIN-B/W NOV-JAN COPIES 01-110-65-00-5809 02/27/07 1,054.74 PRINTING & COPYING INVOICE TOTAL: 1,054.74 P10 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KOPYKAT KOPY KAT COPIER 20060 02/01/07 01 ADMIN-B/W NOV-JAN COPIES 01-110-65-00-5809 02/27/07 1,517.46 PRINTING & COPYING INVOICE TOTAL: 1,517.46 20062 02/01/07 01 ENG-B/W NOV-JAN COPIES 01-150-65-00-5809 02/27/07 363.63 PRINTING & COPYING INVOICE TOTAL: 363.63 20063 02/01/07 01 WATER OP-B/W NOV-JAN COPIES 51-000-65-00-5809 02/27/07 36.30 PRINTING & COPYING INVOICE TOTAL: 36.30 20065 02/01/07 01 POLICE-NOV-JAN COPIES 01-210-65-00-5809 02/27/07 62.24 PRINTING & COPYING INVOICE TOTAL: 62.24 20066 02/01/07 01 POLICE-NOV-JAN COPIES 01-210-65-00-5809 02/27/07 327.97 PRINTING & COPYING INVOICE TOTAL: 327.97 20068 02/01/07 01 ADMIN-COLOR NOV-JAN COPIES 01-110-65-00-5809 02/27/07 1,237.64 PRINTING & COPYING INVOICE TOTAL: 1,237.64 VENDOR TOTAL: 4,599.98 MARSBOND MARSHALL-BOND PUMPS, INC 29769.0 01/26/07 01 WATER OP-RUBBER HOSE 51-000-62-00-5407 00203655 02/27/07 396.09 TREATMENT FACILITIES O&M INVOICE TOTAL: 396.09 VENDOR TOTAL: 396.09 MCDOWELL MCDOWELL TRUCK PARTS, INC. 139669 01/11/07 01 STREETS-PLUG 01-410-62-00-5408 02/27/07 4.94 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 4.94 P11 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MCDOWELL MCDOWELL TRUCK PARTS, INC. 139934 01/24/07 01 STREETS-PLUG 01-410-62-00-5408 02/27/07 2.05 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 2.05 VENDOR TOTAL: 6.99 MENLAND MENARDS - YORKVILLE 18688 01/23/07 01 POLICE-WATER DISPENSER 01-210-65-00-5804 02/27/07 99.99 OPERATING SUPPLIES INVOICE TOTAL: 99.99 18993 01/25/07 01 STREETS-HEX KEY SET 01-410-65-00-5804 02/27/07 7.98 OPERATING SUPPLIES INVOICE TOTAL: 7.98 19088 01/25/07 01 WATER OP-BRUSHES 51-000-65-00-5804 02/27/07 19.98 OPERATING SUPPLIES INVOICE TOTAL: 19.98 19243 01/26/07 01 STREETS-LAP LINK 01-410-65-00-5804 02/27/07 2.98 OPERATING SUPPLIES INVOICE TOTAL: 2.98 20013 01/29/07 01 POLICE-REFLECTORS 01-210-62-00-5409 02/27/07 23.03 MAINTENANCE - VEHICLES INVOICE TOTAL: 23.03 20030 01/29/07 01 WATER OP-BATTERIES 51-000-65-00-5804 02/27/07 5.54 OPERATING SUPPLIES INVOICE TOTAL: 5.54 20075 01/29/07 01 WATER OP-CALCULATOR 51-000-65-00-5804 02/27/07 12.98 OPERATING SUPPLIES INVOICE TOTAL: 12.98 P12 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 20248 01/30/07 01 WATER OP-DRILL BIT, ZINC 51-000-65-00-5804 02/27/07 9.11 OPERATING SUPPLIES INVOICE TOTAL: 9.11 20276 01/30/07 01 ENG-DEICER 01-150-65-00-5801 02/27/07 1.98 ENGINEERING SUPPLIES INVOICE TOTAL: 1.98 20298 01/30/07 01 STREETS-WIRE 01-410-65-00-5804 02/27/07 49.00 OPERATING SUPPLIES INVOICE TOTAL: 49.00 20305 01/30/07 01 WATER OP-CHISEL 51-000-65-00-5804 02/27/07 8.80 OPERATING SUPPLIES INVOICE TOTAL: 8.80 20331 01/30/07 01 WATER OP-CLAMPS, DRAINAGE KIT 51-000-65-00-5804 02/27/07 7.54 OPERATING SUPPLIES INVOICE TOTAL: 7.54 20504 01/31/07 01 WATER OP-SOAP 51-000-65-00-5804 02/27/07 29.88 OPERATING SUPPLIES INVOICE TOTAL: 29.88 20577 01/31/07 01 STREETS-WASHER, HEX NUT 01-410-65-00-5804 02/27/07 3.54 OPERATING SUPPLIES INVOICE TOTAL: 3.54 20765 02/01/07 01 STREETS-BIT SET, STUD SENSOR 01-410-65-00-5804 02/27/07 32.93 OPERATING SUPPLIES INVOICE TOTAL: 32.93 20820 02/01/07 01 STREETS-SCREWS 01-410-65-00-5804 02/27/07 2.24 OPERATING SUPPLIES INVOICE TOTAL: 2.24 P13 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 20979 02/12/07 01 STREETS-THERMOSTATE, MUDRING 01-410-65-00-5804 02/27/07 26.65 OPERATING SUPPLIES INVOICE TOTAL: 26.65 21019 02/02/07 01 STREETS-WIPER, TARP STRAP 01-410-65-00-5804 02/27/07 13.98 OPERATING SUPPLIES INVOICE TOTAL: 13.98 21661 02/05/07 01 WATER OP-BATTERIES 51-000-65-00-5804 02/27/07 24.84 OPERATING SUPPLIES INVOICE TOTAL: 24.84 21738 02/05/07 01 WATER OP-BATTERIES 51-000-65-00-5804 02/27/07 2.31 OPERATING SUPPLIES INVOICE TOTAL: 2.31 VENDOR TOTAL: 385.28 MIDAM MID AMERICAN WATER 35016A 01/26/07 01 WATER OP-KEYS 51-000-65-00-5804 00203657 02/27/07 392.00 OPERATING SUPPLIES INVOICE TOTAL: 392.00 35066A 01/24/07 01 WATER OP-B BOX LID OPENERS 51-000-65-00-5804 02/27/07 133.00 OPERATING SUPPLIES INVOICE TOTAL: 133.00 VENDOR TOTAL: 525.00 MILSCHEJ MILSCHEWSKI, JACKIE 112806-COW 02/12/07 01 ADMIN-11/28/06 COW MINUTES 01-110-62-00-5401 02/27/07 138.25 CONTRACTUAL SERVICES INVOICE TOTAL: 138.25 VENDOR TOTAL: 138.25 P14 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 16:20:53 DETAIL BOARD REPORT ID: AP441000.W0W INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 1080852-01 01/13/07 01 STREETS-PHOTO CONTROL 01-410-62-00-5415 00203498 02/27/07 13.95 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 13.95 1080853-01 01/13/07 01 STREETS-BALLAST KIT 01-410-62-00-5415 00203498 02/27/07 158.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 158.00 1081105-00 01/13/07 01 STREETS-BULBS 01-410-62-00-5415 00203498 02/27/07 36.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 36.00 1081492-00 01/23/07 01 STREETS-BULBS PHOTO CELLS 01-410-62-00-5415 00203498 02/27/07 369.45 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 369.45 1081492-01 01/23/07 01 STREETS-PHOTO CELLS 01-410-62-00-5415 00203498 02/27/07 73.95 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 73.95 VENDOR TOTAL: 651.35 MOTTS STACEY L. MOTT 020707 02/07/07 01 POLICE-TRAINING MEAL 01-210-64-00-5605 02/27/07 15.97 TRAVEL EXPENSES INVOICE TOTAL: 15.97 VENDOR TOTAL: 15.97 NEXTEL NEXTEL COMMUNICATIONS 837900513-059 01/21/07 01 ADMIN-MONTHLY USAGE 01-110-62-00-5438 02/27/07 241.11 CELLULAR TELEPHONE 02 PLAN/DEV-MONTHLY USAGE 01-220-62-00-5438 96.44 CELULAR TELEPHONE P15 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NEXTEL NEXTEL COMMUNICATIONS 837900513-059 01/21/07 03 ENG-MONTHLY USAGE 01-150-62-00-5438 02/27/07 241.11 CELLULAR TELEPHONE 04 STREETS-MONTHLY USAGE 01-410-62-00-5438 289.33 CELLULAR TELEPHONE 05 WATER OP-MONTHLY USAGE 51-000-62-00-5438 337.55 CELLULAR TELEPHONE 06 POLICE-MONTHLY USAGE 01-210-62-00-5438 1,491.63 CELLULAR TELEPHONE 07 SEWER OP-MONTHLY USAGE 52-000-62-00-5438 337.55 CELLULAR TELEPHONE INVOICE TOTAL: 3,034.72 VENDOR TOTAL: 3,034.72 NICOR NICOR GAS 077209011770107 01/31/07 01 ADMIN-1301 CAROLYN COURT 01-110-78-00-9002 02/27/07 17.60 NICOR GAS INVOICE TOTAL: 17.60 154150100060207 02/06/07 01 ADMIN-804 GAME FARM ROAD 01-110-78-00-9002 02/27/07 764.78 NICOR GAS INVOICE TOTAL: 764.78 156461353250207 02/06/07 01 ADMIN-1991 CANNONBALL TRAIL 01-110-78-00-9002 02/27/07 35.65 NICOR GAS INVOICE TOTAL: 35.65 205256204210207 02/08/07 01 ADMIN-420 FAIRHAVEN 01-110-78-00-9002 02/27/07 64.09 NICOR GAS INVOICE TOTAL: 64.09 234591486250207 02/02/07 01 ADMIN-101 BRUELL STREET 01-110-78-00-9002 02/27/07 64.69 NICOR GAS INVOICE TOTAL: 64.69 P16 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NICOR NICOR GAS 316167249310207 02/13/07 01 ADMIN-276 WINDHAM CIRCLE 01-110-78-00-9002 02/27/07 28.38 NICOR GAS INVOICE TOTAL: 28.38 451225408130207 02/01/07 01 ADMIN-201 W HYDRAULIC 01-110-78-00-9002 02/27/07 627.25 NICOR GAS INVOICE TOTAL: 627.25 492561100050207 02/01/07 01 ADMIN-1 VAN EMMON ROAD 01-110-78-00-9002 02/27/07 107.84 NICOR GAS INVOICE TOTAL: 107.84 667044694290207 02/08/07 01 ADMIN-100 RAINTREE ROAD 01-110-78-00-9002 02/27/07 75.26 NICOR GAS INVOICE TOTAL: 75.26 773571100040207 02/07/07 01 ADMIN-131 E HYDRAULIC 01-110-78-00-9002 02/27/07 407.94 NICOR GAS INVOICE TOTAL: 407.94 831342836920207 02/07/07 01 ADMIN-1107 PRAIRIE LANE 01-110-78-00-9002 02/27/07 519.57 NICOR GAS INVOICE TOTAL: 519.57 VENDOR TOTAL: 2,713.05 OHERROND RAY O'HERRON COMPANY, INC. 0702758-IN 01/26/07 01 POLICE-VEST 01-210-62-00-5422 00303796 02/27/07 556.36 COPS GRANT IV - VESTS INVOICE TOTAL: 556.36 33269 01/26/07 01 POLICE-BOOTS 01-210-62-00-5421 00303785 02/27/07 200.95 WEARING APPAREL INVOICE TOTAL: 200.95 VENDOR TOTAL: 757.31 P17 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PARADISE PARADISE CAR WASH 220894 02/01/07 01 POLICE-25 CAR WASHES 01-210-62-00-5409 02/27/07 122.30 MAINTENANCE - VEHICLES INVOICE TOTAL: 122.30 VENDOR TOTAL: 122.30 PATTEN PATTEN INDUSTRIES, INC. P63C0016351 01/30/07 01 SEWER OP-PARTS 52-000-62-00-5422 02/27/07 67.66 LIFT STATION MAINTENANCE INVOICE TOTAL: 67.66 T0530035848 01/31/07 01 WATER OP-ELECTRIC REPAIRS 51-000-62-00-5408 00203659 02/27/07 1,035.88 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 1,035.88 VENDOR TOTAL: 1,103.54 POSA POLICE OFFICERS SAFETY 021307 02/13/07 01 POLICE-TRAINING DVD'S 01-210-64-00-5604 02/27/07 60.00 TRAINING & CONFERENCE INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 POSTNET POSTNET IL 124 38889 01/25/07 01 SEWER OP-BLUE PRINTS 52-000-65-00-5802 02/27/07 8.35 OFFICE SUPPLIES INVOICE TOTAL: 8.35 39183 02/07/07 01 AR-COPIES 01-000-13-00-1375 02/27/07 68.84 A/R LANDFILL INVOICE TOTAL: 68.84 39184 02/07/07 01 AR-COPIES 01-000-13-00-1375 02/27/07 8.30 A/R LANDFILL INVOICE TOTAL: 8.30 VENDOR TOTAL: 85.49 P18 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PRESNAKJ PRESNAK, JAMES 021207 02/12/07 01 POLICE-UNIFORMS 01-210-62-00-5421 00303773 02/27/07 313.96 WEARING APPAREL INVOICE TOTAL: 313.96 VENDOR TOTAL: 313.96 PROVENAM PROVENA MERCY CENTER 020107 02/01/07 01 SEWER OP-DOT RANDOM TESTING 52-000-75-00-7004 02/27/07 129.00 SAFETY EQUIPMENT 02 WATER OP-DOT RANDOM TESTING 51-000-75-00-7004 129.00 SAFETY EQUIPMENT 03 STREETS-DOT RANDOM TESTING 01-410-75-00-7004 222.00 SAFETY EQUIPMENT INVOICE TOTAL: 480.00 VENDOR TOTAL: 480.00 PRSA PUBLIC RELATIONS SOCIETY OF 1621131-07 02/13/07 01 ADMIN-MEMBERSHIP DUES 01-110-64-00-5600 00101894 02/27/07 275.00 DUES INVOICE TOTAL: 275.00 VENDOR TOTAL: 275.00 QUILL QUILL CORPORATION 4170121 01/26/07 01 ENG-RULER, ENVELOPES 01-150-65-00-5802 02/27/07 9.43 OFFICE SUPPLIES INVOICE TOTAL: 9.43 4291806 01/31/07 01 ADMIN-PAID STAMP 01-110-65-00-5802 02/27/07 8.98 OFFICE SUPPLIES INVOICE TOTAL: 8.98 4332342 02/01/07 01 ADMIN-BINDERS, FOLDERS 01-110-65-00-5802 00101891 02/27/07 29.67 OFFICE SUPPLIES P19 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ QUILL QUILL CORPORATION 4332342 02/01/07 02 PLAN/DEV-INK CARTRIDGES 01-220-65-00-5804 00101891 02/27/07 590.35 OPERATING SUPPLIES INVOICE TOTAL: 620.02 4404305 02/05/07 01 ENG-DVD'S, PENS, FOLDERS, 01-150-65-00-5801 02/27/07 108.20 ENGINEERING SUPPLIES 02 PAPER CLIPS, CDR SPINDLE ** COMMENT ** INVOICE TOTAL: 108.20 4481443 02/07/07 01 ADMIN-STAMP, INK 01-110-65-00-5802 02/27/07 3.59 OFFICE SUPPLIES INVOICE TOTAL: 3.59 VENDOR TOTAL: 750.22 R0000051 DE JAMES BUILDERS, INC. 020107 02/01/07 01 WATER OP-METER DEPOSIT REFUND 51-000-42-00-4240 02/27/07 250.00 BULK WATER SALES INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 RIVRVIEW RIVERVIEW FORD 043176 01/26/07 01 STREETS-ELEMENT 01-410-62-00-5409 02/27/07 81.92 MAINTENANCE-VEHICLES INVOICE TOTAL: 81.92 E83727 01/31/07 01 STREETS-DRIVESHAFT REPAIRS 01-410-62-00-5409 02/27/07 53.25 MAINTENANCE-VEHICLES INVOICE TOTAL: 53.25 VENDOR TOTAL: 135.17 SAFKLEEN SAFETY-KLEEN 0033305197 01/22/07 01 SEWER OP-OIL RECYCLE 52-000-62-00-5401 00203559 02/27/07 169.40 CONTRACTUAL SERVICES INVOICE TOTAL: 169.40 VENDOR TOTAL: 169.40 P20 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.W0W INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ SERVMAST SERVICEMASTER OF AURORA & 9450 01/31/07 01 SEWER OP-JANUARY CLEANINGS 52-000-62-00-5401 02/27/07 455.00 CONTRACTUAL SERVICES INVOICE TOTAL: 455.00 VENDOR TOTAL: 455.00 SHELL SHELL OIL CO. 065159923702 02/03/07 01 STREETS-FUEL 01-410-65-00-5812 02/27/07 1,491.88 GASOLINE 02 WATER OP-FUEL 51-000-65-00-5812 1, 491.88 GASOLINE 03 SEWER OP-FUEL 52-000-65-00-5812 1,491.88 GASOLINE INVOICE TOTAL: 4,475.64 VENDOR TOTAL: 4,475.64 SHOREGAL SHORE GALLERIES, INC. 87746 01/29/07 01 POLICE-AMMUNITION 01-210-65-00-5813 00303757 02/27/07 1,081.60 AMMUNITION INVOICE TOTAL: 1,081.60 VENDOR TOTAL: 1,081.60 SIEBERT SIEBERT ENGINEERING INC. 29125 02/09/07 01 ENG-ENGINEERING PLAN SET 01-150-65-00-5809 02/27/07 100.00 PRINTING & COPYING INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 STONEFIR STONEFIRE RESTAURANT 020607 02/06/07 01 ADMIN-DEPOSIT FOR EMPLOYEE 01-110-64-00-5607 00101890 02/27/07 1,700.00 PUBLIC RELATIONS P21 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ STONEFIR STONEFIRE RESTAURANT 020607 02/06/07 02 APPRECIATION DINNER ** COMMENT ** 00101890 02/27/07 INVOICE TOTAL: 1,700.00 VENDOR TOTAL: 1,700.00 SUBURBAN SUBURBAN CHICAGO NEWSPAPERS AD 013107 01/31/07 01 AR-LANDFILL 01-000-13-00-1375 02/27/07 682.89 A/R LANDFILL 02 ARO-MARKETPLACE, SLEEPY 01-000-13-00-1372 419.90 A/R - OTHER 03 HOLLOW ROAD ** COMMENT ** INVOICE TOTAL: 1,102.79 VENDOR TOTAL: 1,102.79 TAPCO TAPCO 263598 01/24/07 01 MFT-SIGNS 15-000-75-00-7007 00203479 02/27/07 1,122.40 SIGNS INVOICE TOTAL: 1,122.40 263599 01/24/07 01 MFT-SIGNS 15-000-75-00-7007 00203479 02/27/07 1,114.25 SIGNS INVOICE TOTAL: 1,114.25 263694 01/25/07 01 MFT-STREET SIGNS 15-000-75-00-7007 00203479 02/27/07 124.73 SIGNS INVOICE TOTAL: 124.73 VENDOR TOTAL: 2,361.38 TINSTAR TIN STAR ELECTRONIC SERVICE 3224 01/30/07 01 POLICE-M20 RADIO REPAIRS 01-210-62-00-5409 02/27/07 148.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 148.50 P22 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ TINSTAR TIN STAR ELECTRONIC SERVICE 3225 01/30/07 01 POLICE-RADIO REPAIRS 01-210-62-00-5409 02/27/07 49.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 49.50 3226 01/30/07 01 POLICE-RADIO REPAIR 01-210-62-00-5409 00303797 02/27/07 198.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 198.00 VENDOR TOTAL: 396.00 TROTSKY TROTSKY INVESTIGATIVE 07-01 02/13/07 01 POLICE-POLYGRAPH EXAMS 01-210-64-00-5607 00303798 02/27/07 200.00 POLICE COMMISSION INVOICE TOTAL: 200.00 07-02 02/13/07 01 POLICE-POLYGRAPH EXAM 01-210-64-00-5607 02/27/07 100.00 POLICE COMMISSION INVOICE TOTAL: 100.00 VENDOR TOTAL: 300.00 UNIQUEPR UNIQUE PRODUCTS & SERVICE 159885 01/30/07 01 ADMIN-TOLIET PAPER, TOWELS, 01-110-65-00-5804 00101888 02/27/07 164.95 OPERATING SUPPLIES 02 CLEANERS, TRASH BAGS ** COMMENT ** INVOICE TOTAL: 164.95 VENDOR TOTAL: 164.95 UPS UNITED PARCEL SERVICE 00004296X2047 01/27/07 01 WATER OP-3 PACKAGES SHIPPED 51-000-65-00-5808 02/27/07 110.61 POSTAGE & SHIPPING INVOICE TOTAL: 110.61 00004296X2057 02/03/07 01 ADMIN-3 PACKAGES SHIPPED 01-110-65-00-5808 02/27/07 78.59 POSTAGE & SHIPPING INVOICE TOTAL: 78.59 VENDOR TOTAL: 189.20 P23 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VESCO VESCO 27929 02/09/07 01 ENG-INK CARTRIDGES, PAPER 01-150-65-00-5802 02/27/07 174.61 OFFICE SUPPLIES INVOICE TOTAL: 174 .61 VENDOR TOTAL: 174 .61 VISA VISA 012407-CITY 01/24/07 01 ADMIN-PEN DRIVES, FLOPPY 01-110-75-00-7002 02/22/07 634.92 COMPUTER EQUIP & SOFTWARE 02 DRIVE, ACCESS POINT, SOFTWARE ** COMMENT ** 03 LICENSE, COMPUTER PARTS ** COMMENT ** 04 SEWER OP-CONF. REGISTRATION 52-000-64-00-5604 40.00 TRAINING & CONFERENCES 05 SEWER OP-AIRFARE FOR CONF. 52-000-64-00-5605 117.30 TRAVEL/MEALS/LODGING 06 ENG-VCR/DVD RECORDER 01-150-62-00-5411 142.77 MAINTENANCE-COMPUTERS 07 PLAN/DEV-MAP DISC 01-220-65-00-5804 51.50 OPERATING SUPPLIES 08 BLDG/ZONE-HEADSET 01-220-65-00-5804 31.88 OPERATING SUPPLIES 09 ADMIN-CREDIT 01-110-65-00-5804 -2.19 OPERATING SUPPLIES 10 PLAN/DEV-ESRI ARC SERVER 01-220-64-00-5604 970.00 TRAINING & CONFERENCES 11 TRAINING ** COMMENT ** 12 WATER OP-CWSW WORKSHOP 51-000-64-00-5604 40.00 TRAINING & CONFERENCES INVOICE TOTAL: 2,026.18 012407-PD 01/24/07 01 POLICE-HOTEL ROOMS FOR ITOA 01-210-64-00-5605 02/27/07 1,224.05 TRAVEL EXPENSES 02 CONF & RICP, MEALS ** COMMENT ** 03 POLICE-DVD 01-210-62-00-5411 42.12 MAINTENANCE - COMPUTERS P24 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VISA VISA 012407-PD 01/24/07 04 POLICE-IACP REGISTRATION 01-210-65-00-5804 02/27/07 100.00 OPERATING SUPPLIES 05 POLICE-MAGAZINE, MAG SPRING 20-000-65-00-5811 196.22 LETHAL/NON-LETHAL WEAPONS INVOICE TOTAL: 1,562.39 VENDOR TOTAL: 3,588.57 WAREHOUS WAREHOUSE DIRECT 134082-0 02/06/07 01 BLDG/ZONE-FOLDERS 01-220-65-00-5804 02/27/07 92.40 OPERATING SUPPLIES INVOICE TOTAL: 92.40 VENDOR TOTAL: 92.40 WASTE WASTE MANAGEMENT 2599673-2011-2 02/01/07 01 HEALTH & SANITATION -JANUARY 01-540-62-00-5442 02/27/07 64,335.82 GARBAGE SERVICES INVOICE TOTAL: 64,335.82 VENDOR TOTAL: 64,335.82 WATERSYS WATER SOLUTIONS UNLIMITED, INC 0022770-IN 01/30/07 01 WATER OP-LIQUID PHOSPHATE 51-000-62-00-5407 00203561 02/27/07 510.00 TREATMENT FACILITIES 0 6M INVOICE TOTAL: 510.00 VENDOR TOTAL: 510.00 WAUBONSE WAUBONSEE COMMUNITY COLLEGE 021307 02/13/07 01 POLICE-JOB FAIR REGISTRATION 01-210-64-00-5607 02/27/07 75.00 POLICE COMMISSION INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 P25 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WESLEY WESLEY PROPERTY CORP. 020907 02/09/07 01 ADMIN-SALES TAX REBATE 01-110-78-00-9003 02/27/07 5,223.04 SALES TAX REBATE INVOICE TOTAL: 5,223.04 VENDOR TOTAL: 5,223.04 WHOLTIRE WHOLESALE TIRE 117584 02/02/07 01 POLICE-M19 TIRE REPAIRS 01-210-62-00-5409 00303799 02/27/07 198.65 MAINTENANCE - VEHICLES INVOICE TOTAL: 198.65 117647 02/07/07 01 POLICE-M14 BLOWER REPAIRS 01-210-62-00-5409 02/27/07 116.32 MAINTENANCE - VEHICLES INVOICE TOTAL: 116.32 117652 02/07/07 01 POLICE-M18 TIRE REPAIR 01-210-62-00-5409 02/27/07 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 VENDOR TOTAL: 329.97 WILKINSR WILKINSON, RUSS 284517-07 02/02/07 01 MUNICIPAL BLDG-CEILING, TILES 16-000-75-00-7210 00402275 02/27/07 2,821.74 BLDG IMPROV-POST OFFICE INVOICE TOTAL: 2,821.74 VENDOR TOTAL: 2,821.74 WSTILUNV WESTERN ILLINOIS UNIVERSITY 010307 01/03/07 01 POLICE-SCHWARTZKOPF TUITION 01-210-64-00-5608 00303786 02/27/07 500.25 TUITION REIMBURSEMENT INVOICE TOTAL: 500.25 010407 01/04/07 01 POLICE-MARTIN TUITION 01-210-64-00-5608 00303782 02/27/07 500.25 TUITION REIMBURSEMENT INVOICE TOTAL: 500.25 VENDOR TOTAL: 1,000.50 P26 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WTRPRD WATER PRODUCTS, INC. 0196679 01/31/07 01 WATER OP-METERS 51-000-75-00-7508 00203656 02/27/07 2,340.00 METERS & PARTS INVOICE TOTAL: 2,340.00 VENDOR TOTAL: 2,340.00 WYETHATY JOHN JUSTIN WYETH 842 02/12/07 01 ADMIN-VARIOUS LEGAL MATTERS 01-110-61-00-5300 02/27/07 3,187.50 LEGAL SERVICES INVOICE TOTAL: 3,187.50 843 02/12/07 01 ADMIN-EDC LEGAL MATTERS 01-110-61-00-5300 02/27/07 1,162.50 LEGAL SERVICES INVOICE TOTAL: 1,162.50 844 02/12/07 01 ADMIN-PW LEGAL MATTERS 01-110-61-00-5300 02/27/07 112.50 LEGAL SERVICES INVOICE TOTAL: 112.50 846 02/12/07 01 ARO-RAGING WAVES 01-000-13-00-1372 02/27/07 187.50 A/R - OTHER INVOICE TOTAL: 187.50 847 02/12/07 01 ARO-HERLEM IRVING 01-000-13-00-1372 02/27/07 187.50 A/R - OTHER INVOICE TOTAL: 187.50 848 02/12/07 01 ARO-WESTBURY 01-000-13-00-1372 02/27/07 225.00 A/R - OTHER INVOICE TOTAL: 225.00 849 02/12/07 01 ARO-YORKVILLE MARKETPLACE 01-000-13-00-1372 02/27/07 262.50 A/R - OTHER INVOICE TOTAL: 262.50 P27 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WYETHATY JOHN JUSTIN WYETH 850 02/12/07 01 ARO-PASQUINELLI 01-000-13-00-1372 02/27/07 412.50 A/R - OTHER INVOICE TOTAL: 412.50 851 02/12/07 01 ARO-LANDFILL 01-000-13-00-1375 02/27/07 787.50 A/R LANDFILL INVOICE TOTAL: 787.50 VENDOR TOTAL: 6,525.00 YBSD YORKVILLE BRISTOL 0480-000472253 02/08/07 01 WATER OP-JANUARY SLUDGE 51-000-62-00-5407 02/27/07 4,404.18 TREATMENT FACILITIES O&M INVOICE TOTAL: 4,404.18 VENDOR TOTAL: 4,404.18 YORKACE YORKVILLE ACE & RADIO SHACK 107139 02/01/07 01 STREETS-SCREW 01-410-65-00-5804 02/27/07 2.32 OPERATING SUPPLIES INVOICE TOTAL: 2.32 107154 02/01/07 01 STREETS-TOGGLE SWITCH 01-410-65-00-5804 02/27/07 5.99 OPERATING SUPPLIES INVOICE TOTAL: 5.99 107178 02/02/07 01 STREETS-WIRE, SCREWS, COVERS 01-410-65-00-5804 02/27/07 4.97 OPERATING SUPPLIES INVOICE TOTAL: 4.97 VENDOR TOTAL: 13.28 YORKBIGB YORKVILLE BIG BAND 021307 02/13/07 01 ADMIN-DEPOSIT FOR ANNIVERSARY 01-000-14-00-1402 00101895 02/27/07 300.00 PREPAID EXP-SPECIAL MUTS INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 P28 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKGFPC YORKVILLE GENERAL FUND 011207 01/12/07 01 POLICE-TOBACCO ENFORCEMENT 01-210-64-00-5605 02/27/07 40.00 TRAVEL EXPENSES 02 ADMIN-POSTAGE FOR ELECTION 01-110-65-00-5808 0.95 POSTAGE & SHIPPING 03 ADMIN-CARDS, BATTERY 01-110-65-00-5804 3.20 OPERATING SUPPLIES 04 SEWER OP-CONF. EXPENSES 52-000-64-00-5605 59.00 TRAVEL/MEALS/LODGING INVOICE TOTAL: 103.15 VENDOR TOTAL: 103.15 YORKNAPA YORKVILLE NAPA AUTO PARTS 779976 01/12/07 01 ENG-WIPER BLADES 01-150-62-00-5409 02/27/07 17.84 MAINTENANCE-VEHICLES INVOICE TOTAL: 17.84 781113 01/23/07 01 STREETS-WASHER 01-410-62-00-5409 02/27/07 22.74 MAINTENANCE-VEHICLES INVOICE TOTAL: 22.74 781125 01/23/07 01 ENG-BULB 01-150-62-00-5409 02/27/07 3.90 MAINTENANCE-VEHICLES INVOICE TOTAL: 3.90 781250 01/24/07 01 STREETS-CLEANER 01-410-62-00-5409 02/27/07 99.03 MAINTENANCE-VEHICLES INVOICE TOTAL: 99.03 781399 01/25/07 01 STREETS-FUEL FILTER 01-410-62-00-5409 02/27/07 15.65 MAINTENANCE-VEHICLES INVOICE TOTAL: 15.65 781490 01/26/07 01 STREETS-FUEL FILTER 01-410-62-00-5409 02/27/07 48.10 MAINTENANCE-VEHICLES INVOICE TOTAL: 48.10 P29 DATE: 02/13/07 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 16:20:54 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/27/2007 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 781494 01/26/07 01 SEWER OP-GREASE ADAPTOR 52-000-62-00-5408 02/27/07 12.10 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 12.10 782348 02/02/07 01 WATER OP-SPARK PLUG 51-000-62-00-5408 02/27/07 7.58 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 7.58 VENDOR TOTAL: 226.94 YORKPDPC YORKVILLE POLICE DEPT. 021207 02/12/07 01 POLICE-BACKGROUND CHECK 01-210-65-00-5804 02/27/07 20.00 OPERATING SUPPLIES INVOICE TOTAL: 20.00 VENDOR TOTAL: 20.00 YORKPOST YORKVILLE POSTMASTER 020907 02/09/07 01 WATER OP-NEWSLETTER MAILING 51-000-65-00-5808 02/27/07 811.10 POSTAGE & SHIPPING 02 ADMIN-NEWSLETTER MAILING 01-110-65-00-5808 270.37 POSTAGE & SHIPPING INVOICE TOTAL: 1,081.47 VENDOR TOTAL: 1,081.47 YOUNGM YOUNG, MARLYS 010207-COW 02/12/07 01 ADMIN-01/02/07 COW 01-110-62-00-5401 02/27/07 172.25 CONTRACTUAL SERVICES INVOICE TOTAL: 172.25 020707-ZONE 02/07/07 01 ADMIN-2/7 ZONING MINUTES 01-110-62-00-5401 02/27/07 68.00 CONTRACTUAL SERVICES INVOICE TOTAL: 68.00 VENDOR TOTAL: 240.25 TOTAL ALL INVOICES: 251,294.84 P30 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 2/3/07 SOCIAL REGULAR OVERTIME TOTAL IMRF SECURITY TOTALS ADMINISTRATION $27,749.07 $318.45 $28,067.52 $1,987.47 $2,118.97 $32,173.96 ENGINEERING $10,342.83 $0.00 $10,342.83 $787.09 $776.01 $11,905.93 POLICE $63,008.87 $2,989.86 $65,998.73 $441.06 $5,012.97 $71,452.76 C. DEVELOPMENT $8,651.26 $0.00 $8,651.26 $658.36 $658.24 $9,967.86 PUBLIC WORKS $25,416.50 $2,570.23 $27,986.73 $2,129.81 $2,136.08 $32,252.62 PARKS $12,344.60 $178.07 $12,522.67 $952.97 $951.47 $14,427.11 RECREATION $18,284.96 $0.00 $18,284.96 $1,147.59 $1,397.28 $20,829.83 LIBRARY $13,645.17 $0.00 $13,645.17 $432.50 $1,043.82 $15,121.49 TOTALS $179,443.26 $6,056.61 $185,499.871 $8,536.85 $14,094.841 $208,131.56 TOTAL PAYROLL 2/312007 $208,131.56 TOTAL INVOICES 1127/2007 $ 251,294.84 TOTAL DISBURSEMENTS $ 4599426.40 P31 c1>. kEcate"s-1 41 United City of Yorkville Esx sus County Seat of Kendall County Rose Spears "« 800 Game Farm Road Alderman Ward 4 p L C1 Yorkville,IL 60560 Phone: 630-553-4350,ext.6002 LE Fax: 630-553-7575 DATE: February 12, 2007 TO: Alderpersons: Besco, Bock, Burd, James, Leslie, Munns, Wolfer Mayor Prochaska Attorney Wyeth City Administrator Crois FROM: Rose Spears, Alderwoman KenCom Board Member SUBJECT: KenCom Intergovernmental Agreement Attached is a copy of the July 25, 1990 Intergovernmental Agreement Creating Kendall County Emergency Phone Service and Communications Board. The attached revised, draft copy (11/16/06) includes suggested revisions by the KenCom Board. I would like to ask that you review the attached agreement and submit any comments or revisions you may have to me by Tuesday, February 20, 2007 so I may submit any revisions to the KenCom Board during the meeting on February 22, 2007. 1 will receive a final, revised copy incorporating all members' revisions and submit it to the Council for approval, vote and signature. If you have any questions please call me. Final Dr-a F 7/']5/199() Draft 11/16/2006 INTERGOVERNMENTAL AGREEMENT CREATING KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD WHEREAS, the voters of Kendall County have appro he development of an Enhanced 9-1-1 Emergency Telephone Service, and WHEREAS, the County of Kendall as well , each unit of local nment therein dealing with Emergency Services, vi . oun Kendall, the _ of Plano, the City of Yorkville, the Village of Oswego, the Villa ewark, Lisbon-Seward Fire Protection District, Newark Fire Prote ict, Little Ro Fire Protection District, Bristol-Kendall Fire Protection Di id a '' ° re Protection District, have an interest in the crew n a eration of communi ations system to dispatch and communicate regardin us _ and customa unctions of said bodies dealing with police, firs, , nctio d EREAS, the ty of is willing to provide the physical location for such syste d to provi he costs of operations necessary therefore in excess of that provided b tele ne surcharge imposed upon users within the County, and 1 Agreement that ne meney shall be spent ffem the suFc-har-ge as eelleeted faF eper-ati expenses and said expenditure as made shall be limited te aequisitien and fnaintenanee WHEREAS State Statue ILCS 750/15.4 dire overnance of Illinois 911 Boards that State Statue will Drevaill this overnmental Agreement. IT IS HEREBY AGREED AS FOLLOWS. 1. That the County of Kerldall shall appoin ard, hereinafter called KENCOM to perform the following fu a. Create and operate an an rgency Telephone System as - i e Ilinois Revi Statute , Chapter 134, Section 31 et seq. tea entiona atch system for police, fire and EMS servi Employ s persons necessary to effectuate the above. d. rmi from time to time the surcharge rate to be charged and rec. mend any changes thereto to the County Board. 2. That the board to be appointed shall consist of eleeyen twelve members who shall have the following qualifications: a. All members shall have the ability or experience to administer the E-9- 1-1 Service, under the Statute. 2 b. One member shall be the Sheriff of Kendall County. c. One member shall be appointed by the Chairman of the County Board with the advice and consent of the Board and shall be a County Board Member. d. Four members and four alternates shall be a ointed by the Chairman of the County Board with the ad. and consent of the Board representing the following muni alities. The City of Piano The City of Yorkville The Village of Oswego The Village of N The Chairman shall app- t Sul,, m the respective unit of loca ve t as are de Hated b the Mayor or Village President of th a unit of local ernment which members shall be an, tees, or Village Presidents. The alternates will in t ence of the Rrimary member. Five Me rs and five alternates shall be appointed by the irm f the County Board with the advice and consent of the bo representing the following Fire Protection Districts: Lisbon Seward Newark Uttle Rock-Fox Bristol-Kendall 3 Oswego The Chairman shall appoint such persons from the fire districts as are designated by the President of the respective districts providing, however, that the Rrimary persons as appointed are and will continue to be appointed Trustees of the respe 've Fire Protection District. The alternates will serve in t bsence of the Rrimary member. f. One member shall be a Me r-At-La rge. 3. All actions taken by KENCOM i I pro res establish in Roberts Rules of Order, except that a veto of any action may as follows: a. By the Member of th Board b. By two of the four mem rs r e four cities and villages. c. By e o ive memb represe 'ng the fire districts. It is further ag al ho er, that any exercised hereunder may be overridden atio a of s eight 8 members of the KENCOM Boar 4. at in desig f the E-9-1-1 System a backup, or secondary, PSAP is necessary. The 'es h, to agree that such PSAP shall, within design constraints of Illinois Bell Telephon I ompany, be located in Plano and shall consist of the existing PSAP now utilized by Plano. The City of Plano agrees that such PSAP shall be properly maintained for continual future use in the E-9-1-1 System. 5. In design of the E-9-1-1 System, the parties agree, within design constraints of Illinois Bell Telephone Company, all lines coming from the respective four 4 cities and villages to the Central PSAP, including all future annexations to said cities and villages shall be grouped to permit exclusion from the System if in the future any of said cities or villages should choose to operate independent of the countywide system. 6. That each of the four cities and villages hereto may, by giving 1,460 days notice to the Chairman of the County Board, withdraw from Ken m providing that backup PSAP at Plano shall in any event be maintained and. her providing that compliance be made with 83 Illinois Administrative Cod art 7. That all members of KENCOM as a e provided, excep he elected Sheriff, shall serve at the pleasure of the Chair f the my Board. . such member may be removed by the Chairman with the and consent of the County Board. The parties do further agree t request by or, Village President, or Fire District President, any such respe 've removed. 8. That th. oar ppointed h eunder s all meet and organize in accordance with e r for izati on in R s Rules of Order, including but not limited to WN of a rY ent or , to and such other officers as the Board may from time t e ne . It is expressly agreed, however, that all members KENCOM rd as hereinabove structured shall be eligible for the office of President ex or t lected Sheriff of Kendall County and any Chief of Police of any unit of local gov ment or any Fire Chief from any Fire District who may be appointed to the Board. 9. That parties expressly acknowledge that protocols may differ for dispatch between units of local government and the County. It is the intent of this Agreement that central dispatch shall accommodate the individual needs of all parties to this 5 Agreement to the extent standardization requirements of the Illinois Commerce Commission permit. 10. Upon creation of this KENCOM Board there is simultaneously created an Operations Board hereafter referred to as Operations Board. The purpose of the Operations Board is to coordinate, monitor and oversee the actu operation of all communications under the jurisdiction of KENCOM Board s only to policy being established by KENCOM. The members of the Operatio Boar I be determined from time to time by the units of local governm who are signatori this Agreement. Specifically, the Operations Bo d 'tially stituted shall the members of the initially created ETS13 as appointed b County Board and shall contain representatives from each uni ovemmen members shall be persons who work on a day to day basis 'th E-9-1-1 system. As presently constituted c ership is a cated as ollows: Name o of I Governme. Number of Members fKen ' , 1 City of Y le 1 'llage of Ne rk 1 C'i Ian 1 Village Oswego 1 Lisbon-Seward Fire Protection District 1 Newark Fire Protection District 1 Little Rock-Fox Fire Protection District 1 Oswego Fire Protection District 1 6 Bristol-Kendall Fire Protection District 1 The membership of the Operations Board may, from time to time, be adjusted by action of KENCOM. However, appointment to the Operations Board of said members shall be made by the units of local government. The statutory responsibility of the ETSB shall, upon tification of this Agreement by all participating units of local govern be assumed by KENCOM and the County Board shall accordin I * rmina existing ETSB Board and appoint as successor membe ose persons who lected by the units of local government to serve on after, KENC hall delegate to the Operations board the responsi of the planning, design and operation of the E-9-1-1 syste a intention greement that the KENCOM Board shall continue to rat and policy oversight Board for the E-9-1- ste The Pa eret rther expre agree that the director of Operations sh by OM an fiscal and policy jurisdiction shall be uted by KE It er agreed that the employed Director shall not be ointed m er of KENCOM. 1 ny t of local government hereunder may hereafter choose to operate dispa locally providing all E-9-1-1 dispatch shall continue under the auspices and operation of KENCOM. 12. That the parties hereto agree that this Agreement shall be reviewed annually for a priod of at least three (3) years from the effective date hereof. 7 13. No compensations shall be paid to any member of KENCOM for official duties as a member of KENCOM. Adopted this day of , County of Kendall By: Attest: Adopted this day of City of Plano By: Attest: Adopted this day of City of Yorkville By: Attest: pted this Village of rk By: AW Attest: Adopted this day of Village of Oswego By: Attest: 8 Adopted this day of Lisbon-Seward Fire Protection District By: Attest: Adopted this day of Newark Fire Protection District By: Attest: Adopted this day of ^, e Little Rock-Fox Fire Protection Distri By: Attest: Ad ay o Bris dall Fire Pro n Di By: Attest: Adopted this day of Oswego Fire Protection District By: Attest: 9