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City Council Packet 2007 01-23-07 cl?* United City of Yorkville o� 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-4350 L p Fax: 630-553-7575 SCE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,January 23, 2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, February 20, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, February 20, 2007 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, February 6, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, February 6, 2007 City Hall Conference Room Presentations: None City Council Meeting Agenda January 23, 2007 Page 2 Public Hearings: 1. Sunflower Estates Special Service Area 2006-119 2. PC 2006-90 Fox Valley View, Inc.,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County, A-1 to United City of Yorkville R-2 One-Family Residence District and for hearing as to the annexation agreement of Petitioner. The real property consists of approximately 37.55 acres located south of Route 71 and adjacent to and North of Highpoint Rd., Kendall Township, Kendall County, Illinois. 3. PC 2006-98 TDC Yorkville Shopping Center II, LLC,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to the existing annexation and PUD agreement for the property commonly known as Yorkville Marketplace. The real property consists of approximately 5.7 acres located at the southeast corner of Rt. 34 and Rt. 47 Yorkville,Kendall County, Illinois. 4. Fox Moraine, LLC, an Illinois Limited Liability Company and North Star Trust Company No. 06-9993 under trust agreement date August 8, 2006,petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County, A-1 to United City of Yorkville A-1 Agricultural District. The real property consists of approximately 759.7 acres located south of Route 71 East and West of Sleepy Hollow Road in Kendall County, Illinois. 5. Vacation of a portion of Sleepy Hollow Road located south of Illinois Route 71 legally described as follows: Sleepy Hollow Road Vacation, that part of sections 14 and 23, Township 36 North, Range 6 East of the Third Principal Meridian Described as follows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prologation of said line at a pointe 1935.49 feet north of the south quarter corner of said section 23, in Kendall County, Illinois. 6. Petitioner has requested that this public hearing be postponed to the February 13,2007 City Council meeting. PC 2006-93 Rush Copley Medical Center, Inc.,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville O-Office District to United City of Yorkville Planned Unit Development Zoning, and Preliminary PUD plan. The real property consists of approximately 44.12 acres, located south of Veteran's Parkway, adjacent to the Fox Hill Subdivision, Yorkville, Kendall County, Illinois. Citizen Comments: Consent Agenda: 1. PW 2007-04 Deuchler Engineering Agreement for FPA Expansion—Dickson, Sleezer& Lindholm Properties -authorize Mayor and City Clerk to execute, subject to receipt of developer funding 2. PW 2007-05 Pre-Qualification Process for Well #10 and Well#10 Water Treatment Plant-approve as presented City Council Meeting Agenda January 23, 2007 Page 3 Consent Agenda (con't): 3. PW 2007-06 Longford Lakes—Final Acceptance& Letter of Credit Reduction#2 -accept public improvements for ownership and maintenance and authorize a reduction to the letter of credit in an amount not to exceed$146,192.84, subject to verification that developer has no outstanding debt owed to city 4. PW 2007-07 Raging Waves—Letter of Credit Reduction#1 - authorize staff to accept second letter of credit in the amount of$1,320,463.68, as presented 5. PW 2007-08 Betzwiser Development—Letter of Credit Expiration- authorize City Clerk to call letter of credit unless it is renewed by April 20, 2007 6. PW 2007-09 Saravanos Development—Letter of Credit Expiration-authorize City Clerk to call letter of credit unless it is renewed by April 20, 2007 7. PW 2007-10 Countryside Pump Station—Change Order#1 - authorize a reduction in an amount not to exceed$10,325.00 and authorize Mayor to execute 8. PW 2007-11 IDOT Highway Permit and Resolution—Rush Copley Site(Rt. 34 Temporary Entrance) - authorize Mayor and City Clerk to execute, subject to receipt of bond 9. PW 2007-12 In-Town Road Program(Phase 2)—Railroad Permits for Pipeline Crossing - authorize Mayor to execute and authorize up to $5,600.00for permit fees if necessary, as presented 10. PW 2007-13 Cozy Corner Subdivision—Offsite Watermain Easement- authorize Mayor and City Clerk to execute 11. PKBD 2007-01 Park Naming Request for Prairie Meadows - approve the name of Riemenschneider Park Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—October 24, 2006 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 651,220.29 (vendors) $ 215,321.40(payroll period ending 1/6/07) $ 866,541.69(total) City Council Meeting Agenda January 23, 2007 Page 4 Reports: Mayor's Report: 1. CC 2007-01 Ordinance Approving$3,500,000 General Obligation Refinancing Bonds (Alternative Revenue Source), Series 2007A City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manager: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. EDC 2006-36 Raymond Regional Stormwater Basin Outfall Construction/Funding Update 2. PC 2006-84 and PC 2006-85 Edward Health Ventures—PUD Agreement a. Ordinance Authorizing Execution of an Amended Annexation and Restated PUD Agreement b. Ordinance Rezoning 3. PC 2005-62 Route 47/Corneils Rd. Annexation Agreement a. Ordinance Authorizing Execution of an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 4. EDC 2007-03 Peter Kappos(Route 47/Corneils Annexation) Development/Economic Initiative Agreement a. Ordinance Authorizing Execution of a Development/Economic Initiative Agreement 5. COW 2007-01 An Ordinance Providing For Issuance of United City of Yorkville, Kendall County, Illinois Sales Tax Revenue Bonds, Series 2007 (Kendall Marketplace Project) Public Safety Committee Report: 1. No Report. City Council Meeting Agenda January 23, 2007 Page 5 Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 2. For litigation,when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES �ULI B -- WORKS; Committee Doartments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James .--------------------------------------------------- ECONOMIC DEVELOPMENT; =_= _____-__—_--__----_ ____=__ ---_------------------ — -- --- — —- ----- -- — —-- ------------------- Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development ---------------------------i ;PUBLIC-SAFETY; _ =__-_-=____—_�—__= --------------- -------------------- --------------------- Committee Departments Liaisons — Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock City Council Meeting Agenda January 23, 2007 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock _P031 i C tiQGir t'no �J 1 c!;.� Reviewed By: J2 O City Council ¢ :u' -s► Legal ❑ esr. �sss Finance ❑ Engineer ❑ Agenda Item Tracking Number -< t��..: City Administrator ❑ PC 2006-35 ap O Consultant ❑ Human Resources ❑ City Council Agenda Item Summary Memo Title: Sunflower Estates HOA Request for SSA City Council/COW/Committee Agenda Date: December 19,2006 Synopsis: See attached summary, annual maintenance estimate and illustration depicting areas to maintain 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: SUNFLOWER ESTATES HOMEOWNERS ASSOCIATION PROPERTY MAINTENANCE Summary of Proposal: The United City of Yorkville has prepared a cost estimate for maintaining the property owned by the Sunflower Estates Homeowners Association. This annual maintenance will include the following services: - Mowing - Trimming - Weeding - Plant Replacement(as necessary) - Mulch - Sign Maintenance - Pond Maintenance - General Maintenance Cost estimates for the above services are based on acreage of turf area, number of plants, flowers and trees, cubic yards of mulch and labor hours anticipated. The$27,700.00 annual estimate reflects the maximum assessment that would be required for the above services and will be the assessment used to define the Special Service Area (SSA) tax assessment. It is likely this amount will exceed the actual assessment necessary for the services, however, this will not be determined until the services are rendered. Notes: • Upon enactment of SSA, the City will decommission the irrigation system currently used for the south boulevard entrance. • The City currently does not have a policy for establishing SSA's for assuming Homeowner Associations' responsibilities. In the event the City establishes a policy, the Sunflower Estate SSA, if established, may require a re-evaluation to conform to said policy. • The $27,700 estimate for services is a `not to exceed' amount. Actual assessment will be based on actual costs incurred for the services up to $27,700 plus 15% of the actual cost for administrative services. Next Steps: In the event the Sunflower Estates Homeowners choose to enter into agreement with the United City of Yorkville to perform maintenance of property, the following steps will need to occur following 35 IL CS 200-27-5, etc: - Special Service Area assessment petition will need to be submitted to the City Council for review and consideration; - City Council will conduct a public hearing for the SSA; - Council will consider enacting the SSA; - Following approval a 60 day appeal period prior to enactment occurs. Sunflower Estates Annual Maintenance Cost Estimate Item Unit Quantity Price Cost Notes Mowing AC 5 $95.00 $11,400.00 Trimming EA 14 $250.00 $3,500.00 Mulching LS 2 $1,650.00 $3,300.00 Weeding EA 4 $350.00 $1,400.00 Monument repairs LS 1 $100.00 $100.00 General Maintenance LS 1 $3,000.00 $3,000.00 inc. aeration and weed control Plant Replacement LS 1 $2,000.00 $2,000.00 Pond Maintenance LS 1r $3,000.00 $3,000.00 Subtotal $27,700.00 15% Administrative Fee $4,155.00 TOTAL $31,855.00 / 117 lots = $272.26 *based on 24 cuttings per season Prepared 8/15/2006 SUNFLOWER ESTATES SUBDIVISION HOME OWNERS ASSOCIATION PROPERTY �unlim�cl'F.alalea Nadh P.1d and! 4 • , I 1 I !..__ Snut!!Vnin Sunflower , A'': — Park _ I som low goo agoo / Note: Existing woo woowoo �- Irrigation system will not be �• j �1'd 11•�nd\ou1hP nd arta\ / -_ _" '. maintained I _L. lie J11 00 ♦ sop -- -- - NORTH Not to scale P--aI- :toa ANNEXATION AGREEMENT (Brighton Oaks II Subdivision) THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered as of the day of , 200_ by and between Fox Valley View Inc., an Illinois Corporation (hereinafter referred to as "OWNER"), R.A. Bright Inc., an Illinois Corporation (hereinafter referred to as "DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the"Parties". - RECITALS: A. OWNER and DEVELOPER are the owners of record of a certain parcel of real estate located in Kendall Township, Kendall County, Illinois legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a residential development. C. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. D. OWNER and DEVELOPER desire to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. 125140/1 E. OWNER and DEVELOPER propose that the SUBJECT PROPERTY be zoned under the R-2 Low Density Residential provisions of the City Zoning Ordinance ("Zoning Ordinance") consisting of approximately 37.55 acres, legally described in Exhibit`B" attached hereto. F. All public hearings, as required by law, have been duly noticed and 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 annexation on , 200_. The City Council conducted the public hearing on the annexation agreement on , 200 . G. The CITY, OWNER and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the City Code. H. The Corporate Authorities, after due and_ careful consideration, have concluded that the execution of this Agreement subject to the terms and provisions hereof, 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. I. (i) Each Party agrees that it is in the best interests of the OWNER and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit"A" in conformance with the United City of Yorkville Comprehensive Plan . 125140/1 (ii) Each Party agrees that it is in the best interest of the local governmental bodies affected and the OWNER and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (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 the SUBJECT PROPERTY. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. J. It is the desire of the CITY, OWNER and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 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 the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary Plat, attached hereto as Exhibit "D" and agree that the annexation, zoning and Preliminary Plat for the SUBJECT PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the Parties. 1. RECITALS INCORPORATED: The forgoing recitals of this Agreement are incorporated herein as if they are written in full at this place in the Agreement. 125140/1 2. 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. 3. ANNEXATION AND ZONING. A. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2 Low Density Residential District provisions of the City Zoning Ordinance ("Zoning Ordinance"), provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural uses shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are-actually developed. . B. The following R-2 One Family Residence District Performance standards shall apply to the development of the SUBJECT PROPERTY. Minimum Lot Size 12,000 sq. ft. Minimum Lot Depth 150 ft. Minimum Lot Width 80 ft. Setbacks Front Yard 30 ft. Rear Yard 40 ft. Side Yard 10 ft. Corner Side Yard 30 ft. 4. AGREEMENT TO GOVERN. OWNER 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 125140/1 agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary Plat attached hereto as Exhibit"D". 5. DEVELOPMENT PLANS ATTACHED AS EXHIBITS. Immediately after the annexation of the SUBJECT PROPERTY, the CITY shall enact such ordinances, and/or resolutions as appropriate to adopt and approve the following, all of which are on file with the CITY, are attached hereto and referenced with the assigned Exhibit designations, and are incorporated herein and made a part of this Agreement: A. ZONING PLAT: A zoning map prepared by SEC PLANNING CONSULTANTS and dated 2006 ("Zoning Plat") attached hereto as Exhibit"E". -B: PLAT OF ANNEXATION: A plat of annexation prepared by SEC PLANNING CONSULTANTS and dated 2006 ("Annexation Plat") attached hereto as Exhibit"A". C. PRELIMINARY PLAT OF SUBDIVISION: A preliminary plat of subdivision prepared by , and dated , 2006 ("Preliminary Plat") attached hereto as Exhibit"D". 6. FUTURE FINAL PLATS AND FINAL ENGINEERING. A. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units(sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNER and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The 125140/1 CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). B. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent phases of development at the sole discretion of the DEVELOPER, and upon approval by the CITY. C. The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER and/or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. - - 7. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes as set forth in this Agreement have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY("Permitted Variations"). A. OWNER and DEVELOPER shall be permitted a variance from the CITY requirement to hook-up sump pump discharges to the CITY storm sewer system. OWNER, DEVELOPER, and/or builders shall be permitted to provide drains or positive overland lot grading to open space or rear and side yard swales as set out and are approved in the final engineering plans for said development. DEVELOPER shall also grade the SUBJECT PROPERTY so that sump pump discharges properly and efficiently flow into rear and/or side yard swales eliminating any possibility of storm water puddling 125140/1 on the SUBJECT PROPERTY. If for any reason puddling occurs on the SUBJECT PROPERTY as a result of improper grading, the DEVELOPER agrees to correct the grading upon notification of the problem from the CITY. Provisions shall be set forth in the covenants and conditions requiring the builders of each lot to comply with the terms of this paragraph. B. DEVELOPER shall install a 10' wide trail along the south side of the proposed street adjacent to the storm water management area depicted in Exhibit "D" in lieu of sidewalk along the proposed street. C. The CITY agrees that storm water managment for the SUBJECT PROPERTY shall be in accordance with the Preliminary Engineering Plan attached hereto as Exhibit"F"including the variances depicted therein, and as stated herein: 1. Side slope ratio of four to one(4/1)in storm water management areas. 2. Permitted Bounce in storm water management areas of six feet (6'). 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER and DEVELOPER during said five (5) year period. The CITY shall give the OWNER and DEVELOPER a six (6) month grace period from the date they are notified 125140/1 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 expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements,buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY 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 OWNER and DEVELOPER, and anything 125140/1 to the contrary contained herein notwithstanding, the OWNER 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. 9. UTILITIES.EASEMENTS AND PUBLIC IMPROVEMENTS. A. OWNER and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER and DEVELOPER within their respective parcels except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution and responsibility for off-site street related improvements: In the event -the CITY cannot obtain the necessary off-site easements for the extension of the water mains, OWNER and DEVELOPER shall be allowed to extend water mains from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. B. The CITY agrees that, at OWNER'S and/or DEVELOPER'S request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER. The CITY shall not be obligated to incur any acquisition cost not approved by DEVELOPER. 125140/1 10. POTABLE WATER SUPPLY, SANITARY SEWER,RECAPTURE,AND FUNDING MECHANISMS. A. The CITY represents to OWNER and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNER, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville-Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNER and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY or, in the alternative, shall provide such means of delivery, subject,however, to the requirements of the Yorkville-Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this paragraph arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. C. If OWNER and/or DEVELOPER are unable to obtain sanitary sewer service from the Yorkville-Bristol Sanitary District in a timely fashion commensurate 125140/1 with the anticipated opening of the model units within the SUBJECT PROPETY, then the CITY agrees to allow OWNER and/or DEVELOPER to utilize the portion of the excess sanitary sewer capacity which is currently available in the Brighton Oaks Estates I subdivision to service the SUBJECT PROPERTY until the Yorkville-Bristol Sanitary District has facilities, capacity, and infrastructure in place to adequately service the SUBJECT PROPERTY. Upon notice from the Yorkville-Bristol Sanitary District that adequate sanitary sewer infrastructure, capacity, and facilities are in place to adequately serve the SUBJECT PROPRTY, the OWNER and/or DEVELOPER shall promptly petition the Yorkville-Bristol Sanitary District for annexation to said district, connect to said Yorkville-Bristol Sanitary District facilities, and discontinue usage of the interim sanitary sewer service within the Brighton Oaks Estates I subdivision. D. The CITY represents to OWNER and DEVELOPER that neither OWNER nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees for the Residential Parcel. 11. STORMWATER MANAGEMENT FACILITIES. OWNER and/or DEVELOPER shall be permitted to have storm water management facilities located within common areas on the SUBJECT PROPERTY which will be located on Homeowner Association maintained property. The storm water management areas shall be maintained by DEVELOPER until conveyed to the Homeowner's Association and ownership shall remain with said Homeowner's Association. However, DEVELOPER 125140/1 reserves the right to seek dedication of said storm water management areas to the CITY after completion. In the event any inlet or other drainage facility is located on private property, each individual lot owner shall be responsible to maintain all berming, set-back area, or storm water management areas located with the property boundaries of any individual lot within said SUBJECT PROPERTY. 12. SECURITY INSTRUMENTS. A. Posting Security. OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of the development within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount, duration and form of each Security Instrument shall be as required by applicable ordinances of the CITY and as approved by the City Engineer. B. 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. 125140/1 C. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of development at the sole discretion of the DEVELOPER, and upon approval by the CITY. D. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNER 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. 13. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER and/or DEVELOPER to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any parcel or Phase thereof at the sole risk and cost of OWNER and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; (ii) construction of the CITY utility improvements; provided (1) such construction is undertaken at the risk of the 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 Plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and 125140/1 apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans, and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNER and 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 OWNER and/or DEVELOPER undertake development activities pursuant to the provisions of this Section. B. The CITY will permit the OWNER and DEVELOPER to grade within the SUBJECT PROEPERTY before final plat approval for any particular Phase of the development of the SUBJECT PROPERTY is granted,under the following conditions. (i) Prior to commencement of work for any Phase, the CITY engineer shall review and approve the OWNER and/or DEVELOPER'S preliminary grading plans for - such Phase, including interim storm water management, erosion and sedimentation control measures. (ii) The OWNER and/or DEVELOPER shall assume all risk for such work performed on the basis of the preliminary grading plan and shall agree to modify grading, if so required, to satisfy the final approved grading plan and conditions of the final plat and final engineering approvals. (iii) The OWNER and/or DEVELOPER shall provide the CITY an acceptable form of surety to provide funds for the restoration of the site or correction of any noncompliant conditions that may exist in connection with OWNER'S and/or DEVELOPER'S grading, earthmoving, and clearing activities. 125140/1 14. ACCEPTANCE OF IMPROVEMENTS AND STREETS, REDUCTION OF SECURITY. A. IMPROVMENTS RELATED TO PHASES: 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, OWNER 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 OWNER'S and DEVELOPER'S completion-thereof for each Phase of development in compliance with the requirements of said ordinance, and shall consider approval of the resolution accepting said public improvements not later than ninety (90) days following the City Engineer's recommendation regarding said public building improvements. B. OTHER PUBLIC IMPROVEMENTS (NOT RELATED TO A PHASE) Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNER and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining 125140/1 in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 15. IMPROVEMENTS BENEFITTING OTHER PROPERTIES, RECAPTURE In the event over sizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, or in the event any public improvements installed by DEVELOPER or OWNER benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 16(A), below, with OWNER and DEVELOPER providing for the payment of the cost of such over sizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same including design and engineering costs,as well as 6% interest. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each Phase of development. A Phase may include more than one neighborhood. 16. 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 OWNER and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNER and DEVELOPER which the CITY has determined may be used for the benefit 125140/1 of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the SUBJECT PROPERTY. There are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY and/or DEVELOPER has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER 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 affect the SUBJECT PROPERTY. 17. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNER or DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plat, the CITY shall fully cooperate with OWNER 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 OWNER and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary Plat and in this Agreement, the CITY shall fully cooperate with OWNER and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER or 125140/1 DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels 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 OWNER and/or DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER'S and/or DEVELOPER'S request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNER and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNER and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located - overhead. 18. WETLANDS AND STORMWATER DETENTION. The SUBJECT PROPERTY contains wetland areas which are under the jurisdiction of the Army Corps of Engineers, (the "Wetland Areas"), such areas are identified in Exhibit "G" attached hereto. DEVELOPER'S plan for the development of the SUBJECT PROPERTY will not adversely impact any Wetland Areas, or, to the extent that the development will impact the Wetland Areas, the DEVELOPER"S plan for enhancement to or mitigation of the Wetland Areas is attached hereto as Exhibit"H". 19. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractors, and subcontractors, supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNER and DEVELOPER for development purposes. Said trailers shall 125140/1 be removed from each Phase of the SUBJECT PROPERTY within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. All contractors' trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractors' trailers or supply trailers will be located within dedicated right-of-way. 17. SALES TRAILERS. OWNER and/or DEVELOPER shall be permitted to construct and occupy one (1)temporary office and sales trailer for sales purposes, at any model grouping upon execution of this Agreement by the City Council for the Phase of the SUBJECT PROPERTY in which the model unit is located. Said office/sales trailer will be removed by OWNER and/or DEVELOPER when 100% of occupancy permits have been issued by the CITY within the particular model unit which said trailer is located.: 18. MODEL HOMES. For the purpose of developing the SUBJECT PROPERTY, CITY hereby agrees to permit OWNER and/or DEVELOPER to construct two (2) different model unit groupings not to exceed 8 homes within the SUBJECT PROPERTY. Model units shall be constructed in defined areas as approved by the CITY. Construction of model units shall commence upon final City Council vote approving this Agreement when aggregate stone surface roadway is in place sufficient to support emergency equipment as approved by the CITY Department of Building Safety staff and by Yorkville-Bristol Fire Protection District staff, and upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District. 19. TEMPORARY SIGN. During build-out upon the SUBJECT PROPERTY OWNER and/or DEVELOPER shall be allowed to erect a temporary entrance marketing 125140/1 sign on East Highpoint Road advertising the Brighton Oaks II Subdivision. Said temporary entrance sign shall have sign face dimensions not exceeding ten feet(10')in height and sixteen feet(16') feet in width. 20. PERMANENT MONUMENT SIGNS. In addition to all other signs currently permitted under CITY ordinances, OWNER and/or DEVELOPER shall be allowed to construct two (2)permanent entry monuments located on the SUBJECT PROPERTY adjacent to East Highpoint Road which will identify the Brighton Oaks 1I Subdivision. The two permanent entry monument signs shall have dimensions no larger than ten feet (10') in height and sixteen feet(16') in width. 21. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for dwelling units constructed on the SUBJECT PROPERTY or any parcel or Phase thereof within five (5) working days after proper application therefore or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet within five (5) working days after receipt of the application and all documentation or information required to support such application. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, 125140/1 however, shall not negate the obligation of OWNER and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such dwelling unit and a builder fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits, but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such builder until such .exterior work has been completed; (ii) with respect to the last Phase of development on the SUBJECT PROPERTY, for any dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable Phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the builder that failed to complete the driveway and/or sidewalk paving or grading improvements posts a security instrument with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNER and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or 125140/1 certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER and/or DEVELOPER within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or certificates of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 22. TRANSFER. OWNERS and/or DEVELOPER may assign this Agreement without CITY approval, but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee,the ONWER and/or DEVELOPER shall have no further obligations hereunder as to the portion of the SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the-obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If OWNER and/or DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement which affect the portion of the SUBJECT PROPERTY sold or conveyed, and, thereafter, the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee of the OWNER and/or DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its 125140/1 letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the OWNER, DEVELOPER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the OWNER, DEVELOPER. or the successor to or assignee of the OWNER, DEVELOPER,have provided a substitute letter of credit. 23. LLAMLITY OF OWNER It is expressly understood and agreed by and among the Parties hereto that all responsibility of OWNER under this Agreement shall be extinguished simultaneously with the transfer of title to any portion of the SUBJECT PROPERTY, as to that particular portion of the SUBJECT PROPERTY from the OWNER to any Purchasers, including but not limited to the DEVELOPER herein. Thereafter, the purchasers or DEVELOPER assume all of the responsibilities and obligations of the OWNER under this Agreement. It being understood and agreed, however, that OWNER shall also have no obligation to perform the obligations of the DEVELOPER,unless said OWNER agrees in writing to assume said obligations. 24. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the SUBJECT PROPERTY. However, if the CITY subsequently adopts any amendments to the International Building Code, OWNER and/or DEVELOPER shall have a 12 month grace period before compliance with said amendment unless said amendment relates to a life and/or safety issue. If any such subsequently adopted amendment directly relates to a life and/or safety issue, then OWNER and/or DEVELOPER shall not be granted any such grace period. 125140/1 25. COVENANTS. DEVELOPER agrees to impose covenants, conditions and restrictions governing the SUBJECT PROPERTY. 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, and other obligations as determined at the time of final platting and as referenced in this Agreement. 26. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "I". At the expiration of this five (5) year term, the CITY shall give the OWNER and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNER and DEVELOPER with 125140/1 notice thereof and OWNER and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNER'S and DEVELOPER'S right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNER and/or DEVELOPER, and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNER and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 27. SCHOOL LAND DEDICATION. Pursuant to the CITY School Land/Cash Ordinance, DEVELOPER is obligated to dedicate approximately 3.22 acres of land, or 125140/1 pay the cash equivalent to the CITY on behalf of the Yorkville School District. The Yorkville School District does not have an interest in accepting any parcel of the SUBJECT PROPERTY for school purposes. Therefore, the DEVELOPER and CITY agree that cash-in-lieu of land, at the CITY'S current land value of$80,000 dollars, will be accepted by the CITY to satisfy the DEVELOPER'S obligation under said ordinance. Therefore, the DEVELOPER shall pay to the CITY a total of$258,146.00 as provided for under the current CITY School Land/Cash Ordinance on a pro-rata basis at the time of application for each individual building permit. 28. PARK LAND DEDICATION. Pursuant to the CITY Park Land/Cash Ordinance, DEVELOPER is obligated to dedicate approximately 2.02 acres of land, or pay the cash equivalent to the CITY. The CITY Park and Recreation Department has requested that a ten foot (10') wide public trail be constructed by DEVELOPER upon the SUBJECT PROPERTY located between Highpoint Road and the Yorkwood Estates Subdivision, as depicted on the Preliminary Plat attached hereto as Exhibit "D". The CITY agrees that all land dedicated to the CITY for public trail purposes will be applied to reduce the aforesaid park dedication. The CITY further agrees to credit OWNER and/or DEVELOPER against OWNER and/or DEVELOPERS remaining required cash- in-lieu of land, on a dollar per dollar basis, for the cost of design, engineering, and constructing said trail upon the SUBJECT PROPERTY. 29. CONTRIBUTIONS. The CITY shall not require the OWNER and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 125140/1 30. 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. 31. 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 OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and, as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER 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 on the SUBJECT PROPERTY who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. 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 125140/1 the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally, or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNER: - Fox Valley View,-Inc 23808 W. Andrew Road Plainfield, IL. 60544 with copies to: John F. Philipchuck DBCW LTD. 123 Water Street Naperville, IL. 60540 (II) If to DEVELOPER: R.A. Bright Inc. 125140/1 23808 W. Andrew Road Plainfield, IL. 60544 with a copy to: John F. Philipchuck DBCW LTD. 123 Water Street Naperville, IL. 60540 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 with a copy to: John Justin Wyeth, Esq. City Attorney 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-5764 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. 125140/1 E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement, and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes.- This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and/or DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and/or 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 125140/1 law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. 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,DEVELOPER and/or OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER'S expense. L. Exhibits. 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 125140/1 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. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER and/or DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY - - can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this Agreement. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if 125140/1 determined by the CITY to be major modifications, shall require review by the CITY'S Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNER, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNER and DEVELOPER for the sale of any portion of the SUBJECT PROPERTY by OWNER to DEVELOPER. 125140/1 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. Dated: CITY: OWNER: The United City of Yorkville, Fox Valley View Inc., An Illinois Municipal Corporation An Illinois Corporation By: By: Mayor President Attest: Attest: City Clerk Secretary DEVELOPER: R.A. Bright Inc., - An Illinois Corporation By President Attest: Secretary 125140/1 LIST OF EXHIBITS EXHIBIT A PLAT OF ANNEXATION EXHIBIT B LEGAL DESCRIPTION EXHIBIT C EXHIBIT D PRELIMINARY PLAT EXHIBIT E ZONING PLAT EXHIBIT F EXHIBIT G WETLAND AREAS EXHBIIT H WETLAND MITIGATION PLAN EXHIBIT I UNITED CITY OF YORKVILLE FEE SCHEDULE 125140/1 'Public, -akv -t3 `�J 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 Plam-led 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 U,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: (1) The establishment, maintenance or operation: of the special use will not be unreasonably detrimental to or endanger the public health,safety,morals,comfort or general welfare. (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 Exhibit C-2 _ m , Plant List --. I arr SHADE+PARKWAY TREES 2.5'MINIMUM CALIPER __ _ GREEN5 oT aLEDlrsu►Tluac�wrHOS CIR rnARs SKYLINE HOIYLOCUSr 4 PIP ASH5 71 TpJAANERICANA REDMOND REDMOND AMERICAN LINDEN OUtIOt C 18 AF ACER X FREMAMI CULTIVAW MARMO MAPLE a. I 1 07Y EVERGREEN TREES 8'MINIMUM HEIGHT -AF PK:EA PUGENS GREEN SPRUCE 1-� 13-SB y 2g PO PICEA G AUCA'DENSATA BLACK HILLS SPRUCE IAP 17 PP == �`✓ — I 1 z QTY ORNAMENTAL TREES V MINIMUM HEIGHT ,z-vG 17 MP MAIC 4RAIRIEFIRIF PRAIRIEFIRE CRAB 12-0A 1-GT 12 MZ MALUS'2UMI' RED ZUMI CRAB EII QTY SHRUBS 24•MINWUM S¢E J 4 , 2-CF II; 24 CS CORNUS RACEMOSA RED DOSIER DOGWOOD EXISTING x, 25 EA EUONYMUSAIATWCOMPACTUS DWARF ISH >I I 15 RA IBM ALPINUM! 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Civil uu6r r,•'sowct v !Naty Hos mrces Enafoo� d 3'$V! tewstwr rr glrror r.s — — — es W. vr ..i PLAT OF ABROGATION � E ilr r ort l s icon is land cap v h re Pi rn rs vo ocr fan dere { ..ia.,.Vr4r n,7e, a:,i; .,,,n.v,r>' -- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YOR11E IZENDALL COUNTY ILL HELD IN THE CITY COUNCIL CHAMBERS. DRAFT 800 GAME FARM ROAD ON TUESDAY,OCTOBER 24,2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present(arrived at 7:40 p.m.) Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell.City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,Finance Director Mika,Police Chief Martin,Director of Public Works Dhuse,Community Development Director Miller,Director of Park&Recreation Mogle,and Public Relations Manager Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that Item#3—Resolution Approving the Final Plat of Subdivision for Bristol Bay Unit 11 and Item#4—Resolution Approving the Final Plat of Subdivision for Bristol Bay Unit 12 be removed from the Consent Agenda and placed on the regular agenda under the Economic Development Committee Report. Alderman Munns noted that the developer has asked that Item#5—Resolution Approving the Final Plat of Subdivision for Bristol Bay Unit 13 be tabled until a future date and he needs to make changes to the Final Plat. Alderman Spears asked that Item#2-Sleepy Hollow Road Vacation and Replacement Street under the Public Works Committee Report,be removed from the agenda because the road vacation was already voted down and none of the aldermen who voted against it asked for it to be reconsidered. Mayor Prochaska explained that a vote of the Council was needed to remove an item from the City Council and that per the Governing Ordinance;an alderman requested that this item be placed on the agenda. Alderman Munns asked if this item was placed on the agenda by October 20,2006 and Alderman Besco indicated that it was.Alderman Spears noted that there wasn't any information on Item#I-Sleepy Hollow Road Upgrades/Altematives on the Public Works Committee Report in the packet. Alderman Besco indicated that it was his intention to ask that this be tabled. Alderman Spears stated that per Robert's Rules,a defeated item could only be placed on an agenda again if one of the aldermen who voted against it requested it. Mayor Prochaska stated that this was true if it was the exact same issue however this is not. Alderman Burd asked the City Attorney for his opinion on this matter. Attorney Wyeth explained that the item currently on the agenda indicates two very different matters from the one previously decided on by the City Council;it discusses the actual timing of the vacation and the consideration of a replacement street. Alderman Spears stated that she disagreed with Attorney Wyeth's legal opinion. CO)V 3H=E MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,November 21,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,November 21,2006 City of Yorkville Conference Room The Minutes of the Reeular Meeting of the City Council—October 24,2006—Page 2 Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,November 7,2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M.,Tuesday,November 7,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PRESENTATIONS K-9 Donation Bill Robinson,president of the Citizens Police Academy Alumni Association,along with other members of the CPAA presented Chief Martin and Officer Pleckham with a check for$250.00 to use toward the acquisition of a new canine officer. Chief Martin,Officer Pleckham and Mayor Prochaska thanked the CPAA for their donation. Certificates of Recognition-Officer Andrew Jeleniewski Mayor Prochaska and Chief Martin presented Officer Jeleniewski with a Certificate of Recognition for his dedication to the United City of Yorkville's K-9 unit. Officer Jeleniewski researched funding for an additional K-9 officer for the Police Department which led to the acquisition of K-9 Officer O'Neil,the Alcohol Tobacco and Firearm bomb dog. Chief Martin also explained that Officer Jeleniewski has made it possible to obtain free food for the K-9s. PUBLIC HEARINGS Kendall Marketplace Business District Mayor Prochaska entertained a motion to into public hearing for the purpose of discussing the Kendall Marketplace Business District. So moved by Alderman Leslie;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Spears-aye,Burd-aye,Munns-aye,James-aye,Leslie-aye,Besco-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Burd-aye,Munns-aye,James-aye,Leslie-aye,Besco-aye Bock-aye Wiseman-Hughes Mayor Prochaska entertained a motion to into public hearing for the purpose of discussing PC 2006-64,Wiseman-Hughes Enterprises,Inc.,petitioner,who has filed an application with the United City of Yorkville,Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-I Agricultural to United City of Yorkville Planned Unit Development Agreement zoning to allow uses permitted in residential districts and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 91.80 acres east of Route 47,adjacent to and south of the Windette Ridge Subdivision,Yorkville,Kendall County,Illinois. So moved by Alderman Leslie;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Burd-aye,Munns-aye,James-aye,Leslie-aye,Besco-aye Bock-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Munns-aye,James-aye,Leslie-aye,Besco-aye Bock-aye,Spears-aye The Minutes of the Reeular Meetine of the City Council—October 24,2006—aaee 3 General Obligation Refunding Bonds(Alternate Revenue Source) Mayor Prochaska noted that there wasn't any information regarding this public hearing in his packet and there was no representative from Speer Financial present. Attorney Wyeth explained that the public hearing could be opened for the purpose of hearing any comments from the public and then the hearing could be closed. Mayor Prochaska suggested postponing the hearing an Attorney Wyeth stated that that would be fine as well. Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the General Obligation Refunding Bonds(Alternate Revenue Source)due to lack of documentation. So moved by Alderman Munns;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Munns-aye,James-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing A motion was made by Alderman Burd to postpone the public hearing until the October 30,2006 meeting;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,James-aye,Leslie-aye,Besco-aye,Bock-aye,Spears-aye,Burd-aye Revised Landscape Ordinance Mayor Prochaska entertained a motion to into public hearing for the purpose of discussing the Revised Landscape Ordinance. So moved by Alderman Munns;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye,James-aye,Leslie-aye,Bock-aye,Spears-aye,Burd-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Leslie;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Leslie-aye,Bock-aye,Spears-aye,Burd-aye,Munns-aye Alderman Besco was not present for the public hearing. Revised Off Street Parking Regulations and Requirements Mayor Prochaska entertained a motion to into public hearing for the purpose of discussing the Revised Off Street Parking Regulations and Requirements So moved by Alderman Munns; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-6 Nays-0 James-aye,Leslie-aye,Bock-aye,Spears-aye,Burd-aye,Munns-aye Please see attached Report of Proceedings by Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Besco-aye Bock-aye,Spears-aye,Burd-aye,Munns-aye,James-aye Alderman Besco returned to the meeting at 7:35 p.m. CITIZEN COMMENTS Joanne Gilbert,Kendall County resident,commented that she hoped that before Sleepy Hollow Road is closed,the alternative road would be completed. She stated that if an ambulance would have to take someone a mile or two out of the way it could make a big difference. Todd Milliron,Kendall County resident,commented that he had asked the City Council not to vacate Sleepy Hollow Road at an earlier meeting however a majority of the Council chose not to The Minutes of the Regular Meetine of the City Council—October 24,2006—nage 4 listen. He stated that the town did not want the garbage dump,the City Council was ignoring the people they were elected to serve and he asked why the City Council was encouraging the siting of a landfill. He noted that the Council has taken more time debating parking and smoking bans than debating the Solid Waste Host Agreement. He stated he was tired of being ignored and that the City Council would pay for their bad decisions. He also stated that he wanted Sleepy Hollow Road were it is now and open for all of the citizens to use. He asked the City Council to stop the landfill tonight. Randy Scott,45 Highview Drive,commented that he lives in Pavillion Heights and is concerned with the landfill because it affects the value of land in between Pavillion Heights and the landfill. He explained that he was told by other residents that the City annexed the property because landfills were not allowed in the City and he thought they would be surprised to know what is going on.He stated that he has lived in Yorkville for fifty-six years,he loves the City and the people in it however he was embarrassed by what was going on in Yorkville. He stated that he felt a bad mistake was made and he begged the City Council to correct it. Tom Gilmour,Kendall County resident,asked Alderman Besco if Sleepy Hollow Road would become safer when one thousand garbage trucks are running up and down the highway. He stated that the target goal of the landfill is one million tons of garbage per year. He explained he worked for the railroad and the heaviest train he was on was a 14,000 ton coal train. He said that the landfill's target goal equals seventy-one 14,000 ton coal trains per year. He stated that this traffic will becoming down Route 71. He commented that in the upcoming elections there will be a price paid for the landfill and he intends to be instrumental networking with people in the City who are not onboard with the City Council. He further commented that the City polled its residents about a parking ban however it did not poll on the landfill which will impact the City more than anything else. Rob Parrish,Kendall County resident,commented that he did not understand the rush in this matter. He asked the City Council to do their homework and take a year to see why a landfill was needed. He expressed his concern that a landfill would have on the water table and commented that this could create a large lawsuit. He also commented that traffic will not only affect Route 71 but every road in the City. He stated that he could not understand why the City would vacate Sleepy Hollow Road. He stated he was proud to move to Yorkville but he is not proud of Yorkville now. Mr.Parrish also noted that it was reported in the newspaper that Yorkville and Newark's property values are declining and he felt this started when the process for the landfill started. Sharon Bond,Kendall County resident,commented that she hated seeing in the newspaper that the residents of Yorkville are affected more by the landfill. She explained that she lives several hundred feet from the landfill site and the City cannot tell her that it will not affect her well before the United City of Yorkville's wells. She stated that she did not like hearing that Yorkville was trying to change school lines so her children will have to go to Yorkville schools. She commented that the City is causing stress on the County resident's lives. She noted that Kendall County was trying to protect everyone and the City is not. Mayor Prochaska commented that there was a lot of misinformation out in the public.. He reminded everyone there is no predetermined approval or disapproval of a landfill. He explained that a fourteen day notice is given before an application is filed and then the first public hearing cannot be held for ninety days. He also clarified that by state statute,the City cannot change School District boundaries. Fred DuSell,478 Kelly Avenue,commented that he has had a chance to compare the County and City's Host Agreements and the City's agreement is irresponsible. He stated that he cannot believe the Host Agreement has been accepted because it does not address the end use agreement, financial stability of the owner/operator and environmental concerns. He asked the City Council to review the agreement more and improve on it. Jerry Deeter,Kendall County resident,commented that he read that Alderman Besco stated that Sleepy Hollow Road was dangerous and he asked him if he had driven down the road. Alderman Besco stated that he had and he considered it dangerous because the road is only 14'9"wide with a poor site line. Mr.Deeter further commented on the comparison between Kendall County's agreement and the City's. He stated that the County agreement has things in it to protect the County residents whereas the City's protects City residents only. He noted that all around the landfill is County and that the County's agreement protects water 1 %:mile from a landfill but the City's only applies to 1000'. He stated that County residents are concerned with property values, truck traffic,garbage flying around,etc. These concerns are addressed by the County's agreement which they have been working on for a long time. Mr.Deeter asked who drafted the City's agreement,did the City Council have any input and how long did it take. Alderman Spears responded that the City Council was presented a Dost Agreement and was reassured that it was reviewed and a good agreement.She stated that after attending a Kendall County meeting and The Minutes of the Reeular Meetine of the City Council—October 24,2006—naee 5 seeing the comparison she has concerns. Mayor Prochaska indicated that there was a meeting scheduled on October 30,2006 at 7:00 p.m.and the City's attorney will explained the process and answer questions. Mr.Deeter asked if the vacation of Sleepy Hollow Road could be postponed. Joanne Gilbert readdressed the City Council.She commented that any time anyone mentions a landfill,the mayor and some aldermen get upset because no application for one has been received yet. She asked why there was a threat of a lawsuit if there was no agreement. Mayor Prochaska explained that the annexation agreement for the property calls for the City to vacate Sleepy Hollow Road. The road has not been vacated so there is a threat of a lawsuit. Mrs.Gilbert questioned why the vacation was included in the annexation agreement. Alderman Spears noted that she found out that it is illegal to put a road vacation in an annexation agreement. Rob Parrish readdressed the City Council. He asked why the City offered to close the road. Mayor Prochaska explained that the owner requested the vacation as part of the annexation. Mr. Parrish noted that there has not been an accident at Sleepy Hollow Road and Route 71 in over seventeen years. He also noted that the'owner has cleaned up the plastic bags on the property. He once again pleaded that the road not be vacated. Mr.Milliron readdressed the City Council and asked who drafted the annexation agreement. Mayor Prochaska explained that usually the petitioner presents a draft to the City and then it is discussed between the petitioner's attorney and the City Attorney before it is presented to the City Council. Mr.Milliron asked the exact date the agreement was presented to the City Council and he asked how much input the aldermen had into the agreement. Alderman Besco stated that each member of the Council received a copy,which he read. Alderman Burd stated that they all received copies however the vacation was not thoroughly discussed and no public comment was received about it. Frank Cipolla,Yorkville resident,asked Alderman Besco how long the road has been dangerous. Alderman Besco responded that it was his opinion that the sight line to the south is dangerous and the width of the road(14'9")along with the width of the easement(39')is not wide enough to build a City street. He explained that the City has standards for its streets and to bring Sleepy Hollow Road up to standard it will cost approximately$1.7 million which does not include the purchase of the needed easement. Alderman Burd noted that there are streets in her ward that are not up to standard. She stated that the school superintendent,Dr.Engler,has informed her that he has requested that they be upgraded for ten years and that if these streets are not brought up to standards by next spring,the school busses will no longer be allowed to go down them. She stated some of the streets are on the plan to be improved but suddenly there is a street in the City for less than two weeks and it is at the top of the list. Mr.Cipolla asked if the aldermen notify their ward of upcoming things. Alderman Spears stated that most aldermen talk with their constituents when they are contacted by them.She further stated that while she appreciated Alderman Besco's opinion,she has statistics and documents that she will be presenting later in the meeting when the vacation is discussed.W.Cipolla asked who his aldermen were and what ward he lived in and he was given this information. Bob Kalizinski,Yorkville resident,asked the Council if they were aware that contamination was found at the landfill in Lowell,Indiana. Alderman James explained that Kendall County was looking at this land as well as other parcels for a landfill. He stated that the entire City Council gave the mayor and staff direction to look into getting the property annexed so that the City could have control over it. Mr.Kalizinski noted that property values are declining,there may be a lawsuit and there may be contaminated water,etc.and this is the legacy of the City Council. Mr. Kalizinski stated that the City Council opened the door for the landfill to walk through. Mayor Prochaska clarified that the initial discussion for the landfill was with Kendall County and they brought it to the City. Alderman Wolfer reminded everyone that a landfill has not been approved yet and explained that he has tried to educate himself by looking at other landfills and he currently has an appointment to look at one that did not work. W.Parrish readdressed the Council. He stated that he bought a copy of the City's Comprehensive Plan and that he had trouble with anyone who read it and then voted for it because it does not protect citizens. He asked the Council not to vacate the road until everyone is more familiar with the landfill. He asked them to increase taxes instead of having a landfill which could ruin the water table and to slow the process down. He suggested that Attorney Wyeth give a presentation as to what the City's legal liability is. Attorney Wyeth stated that a landfill is a complicated matter and he would be the last one to say he is authority as to how this process should go forward or how landfills work. He reiterated that on Monday,October 30, 2006,there will be an information meeting where Attorney Derke Price,who has a background in landfills,will begin the process of education. Attorney Price has assembled a panel of experts and they will be available for questions. The location for the meeting is still undetermined. The Minutes of the Reeular Meetine of the Citv Council-October 24.2006-uaee 6 CONSENT AGENDA Alderman Leslie apologized to Susan Kritzberg for his harsh comments. He stated that he reviewed the plan more thoroughly and he welcomed her into the business community. 1. Kritzberg-101 Center Street(PC 2006-59) a) Ordinance 2006-120-Authorizing the Execution of a Development Agreement -authorize the Mayor and City Clerk to execute b) Ordinance 2006-121-Rezoning-authorize the Mayor and City Clerk to execute 2. Kritzberg-101 Center Street(ZBA 2006-58) a) Ordinance 2006-122-Approving a Setback Variance-authorize the Mayor and City Clerk to execute 3. Nelson Subdivision-1 '/x Mile review-approve the area commonly called Nelson Subdivision,a county development,under the City's 1%:mile review authority(PC 2006-64) 4. Resolution 2006-92 -Approving the Preliminary and Final Plats of Re-Subdivision for XPAC- authorize the Mayor and City Clerk to execute,subject to staff comments and legal review(PC 2006-74) 5. Resolution 2006-93-Approving the Final Plat of Subdivision for Aspen Ridge- authorize the Mayor and City Clerk to execute,subject to staff comments and legal review(PC 2006-36) 6. School Impact Fee Payment Agreement for Bristol Bay Subdivision-acknowledge and accept the Agreement,acknowledge future need to amend Annexation Agreement consistent with Agreement(EDC 2006-26) 7. Generator Sale-authorize sale to RIM Grading of Yorkville in an amount not to exceed $5,000.00(PW 2006-167) 8. Mosquito Control Contract-award to Clarke Environmental Mosquito Management, Inc. in an amount not to exceed$28,414.00. contingent upon funding in the 2007/2008 budget and authorize Mayor to exdcute(PW 2006-168) 9. Rob Roy Creek Interceptor(Contract 6)-Change Order 42-authorize decrease in an amount not to exceed$22,613.60 and authorize Mayor to execute(PW 2006-169) 10. Kennedy Road @ Freedom Place Intersection Improvement-Change Order#I- authorize decrease in an amount not to exceed$35,362.05 and authorize Mayor to execute(PW 2006-170) 11. 2006 Joint and Crack Filling-Change Order 41-authorize decrease in an amount not to exceed$4,052.36 and authorize Mayor to execute(PW 2006-171) 12. Miscellaneous Bituminous Paving-Change Order 41-authorize increase in an amount not to exceed$388.32 and authorize Mayor to execute(PW 2006-172) 13. Raymond Storm Sewer Outfall-Change Order#1 -authorize increase in an amount not to exceed$238,314.00 and authorize Mayor to execute,contingent upon receiving funding(PW 2006-173) 14. Fox Hill Unit 5-Final Acceptance&Bond Reduction#2-accept public infrastructure of Fox Hill Unit 5 for ownership and maintenance and authorize a reduction to the bond in an amount not to exceed$92,171.90.subject to verification that developer has no outstanding debt owed to the City(PW 2006-174) 15. Resolution 2006-94-IDOT Highway Permit and Resolution-101 E.Center Street- authorize the Mayor and City Clerk to execute(PW 2006-175) 16. Ordinance 2006-123-Amending City Code 7-5-15-J Water Conservation Regulations -authorize the Mayor and City,Clerk to execute(PW 2006-176) 17. Southwest Waterworks System Improvements Contracts F.6-F.9-Amended Engineering Agreement-authorize the Mayor and City Clerk to execute,subject to developer funding(PW 2006-177) 18. Southwest Waterworks System Improvements Contracts F.I-F.5-Amended Engineering Agreement-authorize the Mayor and City Clerk to execute,subject to developer fwzding(PW 2006-178) 19. Southwest Waterworks System Improvements Contracts F.1-F.5-Amended Engineering Agreement-authorize the Mayor and City Clerk to execute,subject to developer funding(PW 2006-178) 20. Speedway Redevelopment-Sidewalk Agreement-authorize City Administrator to execute(PW 2006-179) 21. Speedway Redevelopment-Plat of Easement-authorize City Administrator to execute (PW 2006-180) 22. Speedway Redevelopment-Plat of,Dedication-authorize City Administrator to execute (PW 2006-181) 23. Sunfield Restaurant-Plat of Easement-authorize the Mayor and City Clerk to execute(PW 2006-182) 24. Bridge Street Self-Storage-Plat of Easement-authorize City Administrator to execute(PW 2006-183) The Minutes of the Reeular Meetine of the City Council—October 24 2006—oa¢e 7 25. BP Amoco-Plat of Easement-authorize,the Mayor and City Clerk to execute(PW 2006-184) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Bock;seconded by Alderman Spears., Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,Munns-aye,James-aye,Wolfer-aye, Leslie-aye,Besco-aye,Bock-aye,Spears-aye MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of August 22,2006 and September 12,2006;seconded by Alderman Wolfer. Motion approved by a viva voce vote. PLANNING COMMISSION/ZONING BOARD OF APPEAL No report BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated October 11,2006 totaling the following amounts:checks in the amount of $1,631,827.25(vendors);$203,503.72(payroll period ending 9/30/06);for a total of $1,835,330.97(total);seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,James-aye,Wolfer-aye,Leslie-aye, Besco-aye,Bock-aye,Spears-aye,Burd-aye REPORTS MAYOR'S REPORT Proclamation for Make a Difference Day Mayor Prochaska read a proclamation for Make a Difference Day(see attached). Mayor Prochaska entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Leslie. Motion approved by a viva voce vote. County Road Tax Referendum Mayor Prochaska reported that the County requested the City to do a motion of support for the County Tax Referendum which is the half cent tax the County wants to impose on retail sales. The proceeds will be used to pay for County road improvements. Mayor Prochaska entertained a motion to support the County Road Tax Referendum. So moved by Alderman Besco;seconded by Alderman James. Alderman Spears commented that this is a good thing for the United City of Yorkville to support because the City generates traffic. Alderman Burd agreed with Alderman Spears and stated that the County does not have a lot of funds and there are many roads that need to be repaired or widening.She stated that the County does not have the benefit,like the City,of getting funds from developers.She asked for the support from everyone in the County in getting this passed. Alderman Munns commented that he supported the referendum because the County roads need repairs however he felt that it was"crossing lines"by voting to support this. He did not feel that the City Council should use its weight to tell people to vote for the referendum. Mayor Prochaska commented that the City has an Intergovernmental Agreement with Kendall County where the City collects funds from developer to help improve County roads. He stated that he understood Alderman Munns'thought however he felt that people in the community want to know where their leaders stand on issues. He stated that he personally supports the referendum. Motion approved by a roll call vote. AYes-7 Nays-1 Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye, James-aye,Munns-nay,Burd-aye,Spears-aye The Minutes of the Regular Meeting of the City Council—October 24,2006—nage 8 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Wyeth redistributed a letter dated October 13,2006(see attached)which was originally placed in their mailboxes. The letter was in regards to the four petitions the City Clerk received requesting a referendum on the recent annexations! He suggested to the City Council that a copy of his letter or one similar be sent to each person who signed the petitions to explain to them that the City has no legal authority to act on the petitions because the section number of state statute referenced in the petitions does not apply to the form of annexation used by the United City of Yorkville. Because the petitions are on a process not used,there is simply nothing more that can be done. Mayor Prochaska suggested that this would be a valuable thing to do. Alderman Burd expressed her concern that the letter sent to the petitioners would be from the City Attorney and that he cannot make a decision on this;he can only advise the City Council. She stated that she would like Attorney Wyeth to look into this matter further because she felt that the City Council needed to take action on the petitions and she did not agree with his opinion. Mayor Prochaska reiterated that Attorney Wyeth's memo states that there is no action the City can take. Alderman Bock asked Alderman Burd if she was privy to some other legal consul thus causing her to challenge the City Attorney and his expertise. Alderman Burd responded that she felt it was logical that if the City Council is given petitions from citizens asking for a referendum,the City Council had to respond to them by voting on the referendum issue. Alderman Wolfer asked for clarification that there is a problem with how the petitions were done. Mayor Prochaska read from Attorney Wyeth's letter which states that the City has no legal authority to act upon the petitions. Mayor Prochaska asked Alderman Burd what action the City Council should take;a vote to recognize the opinion of the attorney? She expressed her opinion that the City Council should vote to not have a referendum based on the attorney's recommendation because it is not within the City's jurisdiction to do so. Attorney Wyeth commented that he gave the City Council this information two weeks ago in order to illicit questions or comments from them and when he heard nothing he thought his opinion was accepted. He stated that any of the aldermen can bring an issue forward for a vote and explained that per the Governance Ordinance this would have to be presented four days before a meeting. Alderman Burd stated that she was waiting for something to come up on an agenda and that's why she didn't say anything. Attorney Wyeth clarified with the Council that they did not want him to send out the letter to the petitioners. Alderman Wolfer asked if the aldermen could be polled as to if they wanted a letter sent to the petitioners. Mayor Prochaska opened the floor for opinions from the City Council. Aldermen Wolfer,Leslie,Besco and Bock expressed the opinion that the petitioners should be made aware of Attorney Wyeth's legal opinion. Alderman Spears asked that her name not be included on the letter. Alderman Bock noted that if Alderman Burd was uncomfortable having the City Attorney send a letter,a cover letter could be attached from the Mayor. He commented that he felt that Attorney Wyeth had good intentions with his suggestion. He stated that he read the letter two weeks ago and agreed with Attorney Wyeth's:opinion and if hg had a problem he would have brought it up two weeks ago. He stated that waiting to bring things up is counterproductive,inefficient and a waste of time. Alderman Burd noted that this matter isn't even on the agenda. She again stated that she assumed his recommendation would be on an agenda for further discussion and that she has been waiting to discuss it and take action on the petitions. She felt that it was the attorney's recommendation that neither he nor the Mayor had the authority to respond to the petitions;the City Council is the only authority to respond to the petitions. She noted that until the Council makes the determination what to do,based on the attorney's recommendation,anything else is illegal. She stated that she has been trying to get the Council not to vacate their authority to the mayor and she hoped they all would think about this and research the situation. She reiterated that she did not agree with the City Attorney and that the City Council has to respond to the petitions. Alderman Munns stated that after all this discussion he was confused and asked Attorney Wyeth to clarify that he recommends sending a letter to all the residents who signed the petitions. Attorney Wyeth stated that this was correct;he would like the signers to know the outcome of the petitions. He stated that if it is done after a vote,it would be fine. Alderman Munns indicated he was fine with this however he felt his name should not be on the letter because he is not a lawyer The Minutes of the Regular Meeting of the City Council—October 24,2006—page 9 and cannot give a legal opinion. He felt it was great to communicate to the residents however the letter should not include any names of anyone who is not qualified to make the communication. Mayor Prochaska noted that Attorney Wyeth's suggestion to the Council was simply that a letter be sent to the petitioners. Mayor Prochaska stated that accepting the recommendation of the City Attorney could go on the next Committee of the Whole meeting agenda and then on to the next City Council meeting. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Senior Police Academy Chief Martin reported that the first Senior Police Academy was going to be held on October 30, 2006 from 7:30 a.m.to 3:00 p.m.and that 125 people have already signed up to attend the event which will be held at the Historic Courthouse. He stated that Panera Bread,Rush-Copley and Kendall County TRIAD Senior Providers along with the Yorkville Police Department were sponsoring the event. If the seniors attend five classes,they are entered into a drawing for a door prize. Mayor Prochaska congratulated everyone who worked on the Senior Police Academy to make it a successful event. School Resource Officer Chief Martin reported that beginning November 1,2006,Officer Robbie Hart would be replacing Officer Groesch at the Yorkville Middle School. He will also be teaching DARE classes. DIRECTOR OF PARKS&RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Website&Community Relations Update Community Relations Manager Spies gave a brief presentation of the new City website which features a community calendar,agendas and packet information,new resident packets,etc. Aldermen Wolfer,Leslie and Burd complimented Ms.Spies on the new website. COMMUNITY&LIAISON REPORT School Board Alderman Burd reported that she attended the School Board where the new Bristol Bay Elementary School was discussed. The foundation is in and they expect to be putting up the walls shortly. Also discussed was the 20%increase in the number of students attending the District's schools. The School Board also viewed the plans for the new Middle School in the Raintree development that will cost$27.5 million. They discussed the dramatic increase in construction costs in the last six months and the difficulty of the build on the Raintree site due to the elevation. They noted that due to the delay in the referendum,the building projects are a year behind. The Bristol Bay School is being built without using referendum funds through the efforts of the developers. She complemented Castle Bank for stepping forward to help finance the school. Yorkville Economic Development Corporation Mayor Prochaska reported that a few new members were voted in at the last meeting. It was discussed that the Executive Director will draft a memo addressing some of the developments coming into the City. This would provide information to the City Council and clarify what is rumor and what is not. The Minutes of the Regular Meeting of the City Council—October 24.2006—page 10 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Sleepy Hollow Road Upgrades/Alternatives (PC 2006-185) A motion was made by Alderman Besco to postpone Sleepy Hollow Road Upgrades/Altematives to a future City Council meeting;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye, Munns-aye,Burd-aye,Spears-aye,Bock-aye Ordinance 2006-124 Sleepy Hollow Road Vacation and Replacements Street (PC 2006-186) A motion was made by Alderman Besco to approve an ordinance vacating a portion of Sleepy Hollow Road located south of Route 71 in the United City of Yorkville and providing for a replacement street,in furtherance of an Annexation Agreement,as presented,subject to legal review;seconded by Alderman James. Alderman Besco commented that this is a very passionate issue and that he felt that many people have been misguided to believe this is a way to battle a proposal that could be coming. He stated that after the discussion last week regarding the road he came to the conclusion that the argument could be negotiated with the petitioner. After many discussion with staff,the ordinance before the Council is the end result. He pointed out that all the objections that were raised have been addressed including the situation with IDOT. Alderman Besco thanked Mrs.Gilbert for her input in this matter. He stated that the City Council has to look out for the best interest of their constituents and this ordinance will save the taxpayers millions of dollars:He stated that the Council would be remiss in their duties to ignore the obvious benefits. Alderman Leslie asked Attorney Wyeth where the threatened litigation stood. Attorney Wyeth explained that it is in a thirty day"cure"period until November 9,2006. If the situation is not "cured"in this time,litigation will proceed. Alderman Leslie commented that the annexations were presented as a way to take control of a possible landfill. However,he noted that he has never been on board with this process and demonstrated this by voting against the annexations and the Host Agreement. He stated that it wasn't until litigation was threatened he changed his vote. He stated that the problem he had with the vote-on the annexation agreements was that Mayor Prochaska broke the vote and fobk owneiship Mayor Prochaska did not vote on the vacation and the responsibility was placed solely on the City Council. Alderman Leslie felt that since there is a thirty day period,this matter should be tabled and looked at more closely. Alderman Spears commented that according to state statute the City cannot include the vacation of a road in an annexation,the City cannot limit its legislative discretion on a future vote and the vacation of a road is a separate vote. She explained that to vacate a road two findings must be proven;the vacation would be at the public best interest and proof there is an economic benefit that may be derived by the City.If these finding are confirmed then the road may also be put up for auction. She stated that neither finding has been presented to her. She noted that to avoid another lawsuit,the vacation of the road must be removed from the annexation agreement. She stated that it was her opinion that the document before the Council was not a display of what the City Council will be doing"for"the residents or the community but rather a display of what the Council will be doing"to"them. She expressed her concern that if the road was closed, emergency vehicles may have to drive approximately three miles further south. If the owner comes in with a final plat without a landfill but instead commercial or residential,Sleepy Hollow Road would be a"relief valve"for traffic. Alderman Spears distributed information regarding the state statute and accidents which occurred at the site versus those in the City for the Council's review(see attached). She said based on the statistics she received,Game Farm and Somonauk Road and Route 34 and Game Farm Road should be closed because of the number of accidents at these sites. They are more unsafe than,Sleepy Hollow Road. Alderman Burd commented that when the Council was first told of the lawsuit,she brought up the issue that the City's attorneys were supposed to protect them from this type of situation. She feels the Council is"brow beaten"into doing what the City Attorney says because'the City is paying him. She stated that the attorneys are advising the Council then it is up to the Council to do its own research and use their brains to determine if this is what they want to do. She said it didn't make sense for the state statute to require it 75%vote of the aldermen if the state did not mean for the Council to exercise their best judgment. She stated that the Council should not follow the attorneys like"sheep down the road"and she did not have a problem voting against the vacation. If the vote results in a lawsuit,she did not believe it would win due to case law. The Minutes of the Regular Meetin¢of the City Council—October 24,2006—nage 11 Alderman Munns commented that he did not realize the cost involved with the City maintaining the road. He stated that he relies on the advice of the attorneys because he is not an attorney and with his job and family he does not have the time to research things. He stated that this ordinance addresses some of the problems of the road and that the problem is the landfill not the road. He asked for clarification that the ordinance indicates that the road will not be vacated until a siting for a landfill or other development is approved. Alderman Besco stated that this was correct. Alderman Munns felt that to be fiscally responsible to the residents of Yorkville,the Council should vote accordingly. He thanked Alderman Besco for thinking out of the box and coming up with a creative solution as a compromise. Alderman Wolfer asked if this ordinance is not approved,would it stop the landfill application. Attorney Wyeth explained that any land area can be potentially petitioned for a landfill. He stated that two meetings ago a representative from.the landowner stated that the application for a landfill was going to be filed whether or not the road is vacated. At the same time,they did indicate that if the road was not vacated,they would seek legal remedy. Alderman Besco stated that this ordinance took a lot of thought;every issue brought up by the naysayers was addressed. He noted that to rebuild the road it would cost approximately$1.7 million and the developer has voluntarily offered to construct a legal road at the time of vacation and this will save the taxpayers money. There are many roads in the City to be fixed and a program has been initiated to address them however this cannot be done if the funds are being spent to make Sleepy Hollow Road legally viable. Alderman Leslie asked Mayor Prochaska if he knew the vacation was a provision of the annexation agreement and if so why was it allowed to happen. He asked why it wasn't a separate vote standing on its own merit. He also asked Mayor Prochaska if he knew that when he voted on the agreements he would be at odds with the City Council. He commented that the Mayor put him in a spot that went against the spirit of how he voted. Alderman Bock agreed with Aldermen Munns and Besco. He stated that this is a simple thing: the Council said they would vacate the road. He stated that if in the future after agreeing to something the Council finds they don't like,they want to renegotiate,it sends a bad message. He stated that this is a great solution because the people concerned about losing the road will still have it and the developer is willing to construct a legal road at no cost to the City. He commented that the aldermen have a fiduciary responsibility to the residents of Yorkville.The Council can help the County residents as much as they can but their main obligation and responsibility is to work with the City residents. Mayor Prochaska addressed Alderman Leslie's questions. He stated that he did know that the request to vacate was in the annexation agreement and that the City would have a second vote to vacate the road. He commented that as far as the'City being at odds because there wasn't a unanimous vote;that is government. He stated that he never expects unanimous votes on everything that comes before the Council. He acknowledged that it was a split vote and he made the deciding vote because this is something he believes in. He noted that at whatever level of government when something is approved it is law. He said now there is an existing annexation agreement and the Council needs to move forward. Alderman Leslie asked why Mayor Prochaska allowed the vacation to be in the agreement. Mayor Prochaska stated that the vacation was requested by the petitioner to be is the agreement and he reminded Alderman Leslie that the agreement was given to the City Council for their review. Alderman Burd commented that Alderman Leslie was"brow beating"the mayor.She noted that the City Council has the right to exercise their free vote based on their best decision. She reiterated that the attorneys are being paid to protect the City Council from this type of situation. She stated that Mayor Prochaska doesn't know any more than the aldermen as to where this will lead and he took the advice of the City's attorneys. She stated that she did not want any one telling someone how to vote;they should vote the way they think best. She also took exception to someone questioning how she handled her fiduciary responsibility. Alderman Spears commented that Budd and Highpoint Roads are only 6'wider than Sleepy Hollow Road and that the State of Illinois requires a minimum width of 33'. She questioned the cost of redoing the road and asked if the cost of other methods of pavement were investigated. She felt that the City was going to have liability suits because state statute was not followed. She questioned if a formal appraisal was done on the road,what is the public interest in the road and where the replacement road is going to be. Alderman James stated that the proposal in front of the Council states the road will stay as it until the property is developed. At that time,it will be vacated and a better location for the road will be identified. The other concern is the landfill which is a whole other process. He stated that if The Minutes of the Regular Meetine of the Citv Council—October 24,2006—Pale 11 the road is used to block the landfill it will place a precondition of bias against it. This will take control away from the City and then Springfield will make the decision as to where the landfill will go. He felt the Council was tripping over itself on this issue and he supported the ordinance before the Council. Alderman Bock commented that when he states his opinion at a meeting it is not his intention to single anyone out. He hoped he stated his opinion as the rest of the aldermen do;no one should take it personally. Alderman Wolfer commented that he started down this process for the City to get control over a possible landfill because he is the alderman closest to the location,four miles away. He stated that he has major concerns he would like to see addressed and this allows him to have a say in the process. He also wants control over the revenue so at the very best it can be used to keep it in compliance. If the landfill is in the County and something goes wrong,the City will not have the funding to deal with it. He stated that he voted for;the vacation,he knew it was included in the agreement and he even contacted the City Attomey10 go over questioned he had. Alderman Munns commented that whether the road is vacated or not,the City has a threat of a lawsuit and that the members of the Council should vote their conscience. He stated that the only benefit of a landfill is the revenue that it will generate that can be used to improve roads,expand infrastructure,etc. There were no further comments so Mayor Prochaska asked Clerk Milschewski to reread the motion on the floor. A motion was made by Alderman Burd to table this item;seconded by Alderman Spears. Alderman Spears commented that she was appalled that the City Council would go ahead and vote on something that is clearly against state statute.She stated that she did not know why the Council would even consider this because it will be putting the City in harms way and she wanted no part of this. She noted that the Host Agreement was voted on at a meeting where they shouldn't have voted only to have a special meeting to ratify the first vote. She did not understand how the Council could ratify something that was incorrect the first time. She stated that she felt the Attorney General should be consulted in this matter to protect the City. She suggested that matter should be slowed down:tabled until more research is done and a proper legal opinion is obtained. She stated that she would like an appraisal of the road that is a"good for nothing"road. Alderman Besco stated that it is his opinion that the acquisition of a paved 70'easement which would be good for a minor collector is something better than a"good enough"road. He stated that Alderman Spears is telling him that it is okay to put the City in threat of litigation from the petitioner but it is not okay to possibly put the City into litigation with another entity. He asked the Council to get this matter done and move on;the ordinance is good for the City and the residents of the area because they will have a good road to drive on that won't cost the City a penny. Alderman Leslie thanked Alderman Spears for the research.He stated that it was never his intention to"brow beat'the Mayor;he just wanted to point out his position in terms of the votes. He stated that he felt he was exercising his fiduciary responsibility by trying to keep the City out of a lawsuit. He felt that if the vacation had been removed from the agreement that would have taken the City out of legal peril however the vacation being included in the agreement set this in motion. He stated that if this issue comes to a vote this evening he wants people to understand his vote and position. Alderman Wolfer noted that Alderman Spears has said the annexation agreement is illegal. He asked Attorney Wyeth his legal opinion. Attorney Wyeth stated that this is the first he has heard of the information Alderman Spears has provided and that he would be happy to look at it. He stated he has researched the matter and:he believes that the inclusion was a legal item in the annexation agreement at the time it wag written. Alderman Wolfer reiterated that if the landfill is outside City limits,and there is a problem,he cannot fight it. He stated that if it brings in a profit, the City can use some of the profit to force it to comply. Alderman Munns noted that the solution to construct a new road is a better idea than having a gravel road and he reiterated that the City will probably get sued no matter what it decides on the road. Alderman Burd agreed with Alderman Munns. She commented that she did not know why the Council was so impressed with the advice of attorneys because they give different advice based The Minutes of the Reeular Meetine of the City.Council—October 24,2006—uaee 13 on the situation. She stated that in this instance there is a clear case to be made that people cannot be forced to vote a certain way because the majority passed an annexation agreement. She stated that the Council is failing in its responsibilities by allowing a threat of a lawsuit to affect their vote. She hoped that aldermen who feel the way she does will vote to table this item. Alderman Spears agreed that regardless that whatever the Council does there will be a lawsuit. She stated that she would take the chance with a lawsuit from the petitioner because it would not stand up in court because it is against state statute.She felt the Council should take the best alternative and vote against the vacation and protect the City. She recommended that this be tabled so additional and correct information could be obtained. Motion to table defeated by a roll call vote. Ayes-8 Nays-5 Munns-nay,Burd-aye,Spears-aye,Bock-nay Besco-nay,Leslie-aye,Wolfer-nay,James-nay Mayor Prochaska asked Clerk Milschewski to read the original motion again. He noted that it would require a%vote for the motion to be approved. Motion approved by a roll call vote. Ayes-6 Nays-2 Leslie-aye,Wolfer-aye,James-aye,Munns-aye, Burd-nay,Spears-nay,Bock-aye,Besco-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-125 Kendall Marketplace—Authorizing Execution of an Amended And Restated Development Agreement (PC 2006-34) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an amended and restated Development Agreement with Cannonball LLC,Owner and Harlem Irving Companies,developer,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye, Spears-aye,Bock-aye,Besco=aye,1eslie=aye' ' Resolution 2006-95 Kendall Marketplace—Approving Final Plat (PC 2006-34) A motion was made by Alderman Munns to approve a resolution approving the Final Plat for Kendall Marketplace subject to legal and staff review;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Munns-aye,Burd-aye,Spears-aye, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Ordinance 2006-126 Bristol Ridge-Authorizing Execution of an Annexation Agreement (PC 2006-05) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Bristol Ridge,LLC,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal and staff review,seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Spears-aye,Bock-aye,Besco-aye, Leslie-aye,Wolfer-aye,James-aye,Prochaska-aye Alderman Burd was not present for the vote. Ordinance 2006-127 Bristol Ridge-Annexation (PC 2006-05) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as Bristol Ridge in furtherance of an Annexation Agreement with Bristol Ridge,LLC,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Munns-aye : r The Minutes of the Regular Meetine of the Citv Council—October 24 2006—nage 14 Alderman Burd was not present for the vote. Ordinance 2006-128 Bristol Ridge-Rezoning (PC 2006-05) A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement with Bristol Ridge,LLC,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Besco. Motion approved by a roll call vote, Ayes-7 Nays-0 Spears-aye,Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Munns-aye Alderman Burd was not present for the vote. Resolution 2006-96 Bristol Ridge-Preliminary Plan (PC 2006-05) A motion was made by Alderman Munns to approve a resolution approving the Preliminary Plan for Bristol Ridge subdivision,as presented subject to legal and staff review;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Munns-aye,Spears-aye Alderman Burd was not present for the vote. Ordinance 2006-129 Matlock-Authorizing Execution of an Annexation Agreement (PC 2006-46) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Dave and Carol Matlock and to authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Wolfer. Motion approved by a.roll call vote. Ayes-8 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye, Munns-aye,Spears-aye,Bock-aye,Prochaska-aye Alderman Burd was not present for the vote. Ordinance 2006-130 Bristol Ridge-Annexation (PC 2006-06) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly known as the Matlock parcel in furtherance of an Annexation Agreement with Dave and Carol Matlock,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Murins-aye Burd-aye,Spears-aye,Bock-aye,Besco-aye Ordinance 2006-131 Bristol Ridge-Rezoning (PC 2006-06) A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement with Dave and Carol Matlock,as presented,and to authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye, Spears-aye,Bock-aye,Besco-aye,Leslie-aye Ordinance 2006-132 Westhaven—Lakewood Homes Amendment to PUD Agreement (PC 2006-78) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an amendment to a Planned Unit Development Agreement for the Westhaven development,with the owners and developers therein,as presented,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Besco. The Minutes of the Reeular Meeting of the City Council—October 24,2006—uaee 15 Alderman Leslie stated that he discussed his concerns with to Kurt Wandrey. He then visited the developer's other project and spoke with residents there who were happy with their homes,the development. They told him they were aware of the backup SSA. He stated that based on the information he gathered he saw no reason to approve this. Alderman Wolfer stated he also toured the other project and was impressed. His only suggestion was to have standard sidewalks on both sides of the street. Alderman Burd stated that she toured the site and felt it had a similar feeling to the Huntley, Illinois project. She noted that many of the homes had requested that the stoop be eliminated and she stated that she would like to see this offered in this development. Also,she noticed that homes which faced the main road did not have landscaping along the side of the home and she felt this should be addressed. Alderman Spears asked how many of the Council members were aware of the lot sizes;416 lots 210 were below 5,610 square feet. She felt that this is a concern and should be addressed and the size be brought up to the minimum. Alderman Wolfer noted that there is a market for the lower lot size.Also he noticed the ramps versus the stoops and recommended that this be a no cost option for buyers. Alderman Leslie asked if the lot sizes of the development he viewed were representative of those planned for Yorkville and the developer replied that Yorkville raised the bar so the lots Alderman Leslie saw were smaller. Mayor Prochaska indicated that he also toured the development and investigated the home values. He stated that the largest unit with 3 bedrooms and 2'/z baths was listed at approximately $350,000.00 and they seemed to have retained their value. He commented that this is the type of product that Yorkville needs in the community;people are moving out of Yorkville because there is nothing like this available in the City. He also reminded the Council that this is an approved project however they have eliminated a number of homes that would have been homes with children and increased the commercial space. Alderman Besco agreed with Alderman Spears about compromising on lot size however this is a unique situation because people in an age restricted community usually don't want a large yard to take care of. He stated that he even though he would rather see larger lot sizes in a development this is a product that is needed. Alderman Bock agreed that this is a needed product. He noted that this type of development brings high property values,no children to affect the schools and fulfills a need. He noted that older people don't necessarily want to push a lawnmower around a large lot. Motion approved by a roll call vote. Ayes-7 Nays-10 James-aye,Munns-aye,Burd-aye,Spears-nay, Bock-aye,Besco-aye,Leslie-aye,Wolfer-aye Resolution 2006-97 Approving Final Plat—Bristol Bay—Unit 11 (PC 2006-68) A motion was made by Alderman Munns to approve a resolution approving the Final Plat of subdivision for Bristol Bay Unit 11,as presented,subject to staff and legal review;seconded by Alderman Wolfer. Alderman Spears commented that the developer is doing fantastic things with the School District however she is against SSAs. Motion approved by a roll call vote. Ayes-6 Nays-1 Present-1 Burd-aye,Spears-nay,Bock-aye,Besco-present Leslie-aye,Wolfer-aye,James-aye,Munns-aye Resolution 2006-98 Approving Final Plat—Bristol Bay—Unit 12 (PC 2006-69) A motion was made by Alderman Munns to approve a resolution approving the Final Plat of subdivision for Bristol Bay Unit 12,as presented,subject to staff and legal review;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-1 Present-1 Spears-nay,Bock-aye,Besco-present,Leslie-aye, Wolfer-aye,James-aye,Munns-aye,Burd-aye The Minutes of the Reeular Meeting of the Citv Council—October 24 2006—nage 16 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Munns noted that the board appointment for the Yorkville Economic Development Corporation has not been placed back on an agenda for further discussion. He stated that he spoke with the Director of the YEDC and asked her to bring this up at their November 8,2006 meeting to discuss options. This will then come back to the Economic Development Committee at the November 21,2006 Committee of the Whole meeting for further discussion. Alderman Leslie stated that he thought the Council agreed that Mayor Prochaska was the liaison for this. Alderman Munns stated that this was not decided. Alderman Burd encouraged the Council to volunteer to be a liaison for other entities because there are many meetings not being covered. Alderman Wolfer volunteered to be the Plan Commission liaison and Alderman Leslie volunteered for the Chamber of Commerce meeting. Mayor Prochaska suggested further discussion of this at the November 21,2006 COW meeting. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 10:36 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on October 24 , 2'006, at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . DEPO COURT reporting service 1212 South Naper Boulevard • Suite 119-185 • Naperville, IL 60540 • 630-983-0030 • Fax 630-299-5153 www.depocourt.com Yorkville City Council 2 October 24 2006 1 P R E S E N T : 2 MR . ARTHUR F. PROCHASKA, Mayor ; 3 MR . PAUL JAMES, Alderman; 4 MR . JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR . MARTY MUNNS, Alderman; 7 MR . JAMES BOCK, Alderman; 8 MR . JOSEPH BESCO, Alderman; 9 MS . ROSE ANN SPEARS , Alderman; 10 MR . JOHN CROIS, City Administrator; 11 MR . WILLIAM POWELL, City Treasurer; 12 MR . TRAVIS MILLER, Community Development 13 Director; 14 MS . JACQUELYN MILSCHEWSKI , City Clerk . 15 16 A P P E A R A N C E S : 17 BY : MR. JOHN JUSTIN WYETH, appeared on behalf of the United 18 City of Yorkville, Illinois . 19 20 - - - - - 21 22 23 24 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 3 October 24. 2006 1 ( Pledge of Allegiance) 2 MAYOR PROCHASKA: Entertain a motion 3 to go into public hearing for the purpose of 4 discussing the Kendall Marketplace Business 5 District . 6 MR. LESLIE : So moved . 7 MR. BOCK: Second. 8 MAYOR PROCHASKA: Moved and 9 seconded . May I have roll call , please? 10 MS . MILSCHEWSKI : Bock . 11 MR. BOCK: Aye . 12 MS . MILSCHEWSKI : Spears . 13 MS . SPEARS : Aye . 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : Aye . 16 MS . MILSCHEWSKI : Munns . 17 MR. MUNNS : Aye . 18 MS . MILSCHEWSKI : James . 19 MR. JAMES : Aye . 20 MS . MILSCHEWSKI : Leslie . 21 MR. LESLIE : Aye . 22 MS . MILSCHEWSKI : Besco . 23 MR. BESCO : Aye . 24 MAYOR PROCHASKA: Motion is carried . Depo Court Reporting Service (630) 983-0030 Yorkville City Council 4 October 24 2006 1 We are now in public hearing . And who is going 2 to be doing this presentation? 3 WHEREUPON : 4 SAM POLSKY, 5 testified before the Yorkville City Council as 6 follows : 7 MR. POLSKY : My name is Sam Polsky, 8 Polsky Associates , representing Harlem Irving 9 Companies . Thank you, Mr . Mayor, Aldermen . 10 This is the second of public 11 hearings for the business district that we ' re 12 setting up to help fund various eligible costs . 13 Under state statute, two hearings are required, 14 and this is the second one . 15 This is part of the overall 16 financing plan for this 822 , 000 square foot 17 center which Harlem Irving is very excited about, 18 be a major part of the City . 19 At this point I don ' t know that 20 there is any other presentation necessary . We 21 can answer any questions . 22 MAYOR PROCHASKA: I ' d open up the 23 floor . Is there anyone in the audience that 24 would like to present any testimony or ask any Depo Court Reporting Service (630) 983-0030 Yorkville City Council 5 October 24, 2006 1 questions of the petitioner? 2 (No response ) 3 MAYOR PROCHASKA: Hearing none, I 4 would ask the Council if there is any questions . 5 I know I have one here, one 6 concern, and I ' m kind of wondering if the rest of 7 the Council -- I ' m sure they probably caught 8 it -- is there is a statement here that talks 9 about allowing for eminent domain for the purpose 10 of redevelopment , and at this time that ' s in 11 direct violation of a policy voted on by the City 12 Council, so I would -- I would ask that that not 13 be included in there . 14 We can talk about things of 15 public safety and life safety issues , but I think 16 that ' s as far as we want to go . 17 MS . BURD : I saw that, but I thought 18 all they were doing was reiterating what was in 19 the state statute , had no intent of using that , 20 but they were just , you know, saying what is in 21 the statute that would be available . 22 MAYOR PROCHASKA: Can we override 23 that or is that something that we have to -- 24 MR. WYETH : It ' s reiterating what ' s Depo Court Reporting Service(630) 983-0030 Yorkville City Council g October 24 2006 1 in the statute . 2 MAYOR PROCHASKA: If it ' s just 3 simply repeating it , then I guess it ' s repeating 4 it . I just want to make aware that it ' s not my 5 intention, I ' m sure no one on the Council ' s 6 intention . 7 MR. POLSKY : No . ' And it ' s not our 8 intention to use it at all, it ' s simply statutory 9 language . Talked about it with your attorney. 10 It ' s simply reiterating what ' s in the statute . 11 We have absolutely no intention of using -- 12 asking for that power whatsoever . 13 MR. WYETH : If you could indicate 14 per the agreement with the City Council you will 15 not exercise that, that would be useful . 16 MR. POLSKY : Sure . Sure . 17 MAYOR PROCHASKA: I personally would 18 feel much more comfortable . 19 MS . BURD: Since we have already 20 passed an ordinance that we would not do that for 21 economic development , wouldn ' t that also be -- 22 MR. WYETH : It surely would, the 23 additional language would be to help clarify and 24 make certain that no one else would have no Depo Court Reporting Service (630) 983-0030 Yorkville City Council 7 October 24, 2006 1 responsibilities with that . 2 MS . BURD: So we ' re safe as far as 3 this document goes . 4 MR. WYETH : Yes , you are . 5 MAYOR PROCHASKA: Anyone else? 6 (No Response) 7 MAYOR PROCHASKA : Then at this time 8 I would entertain a motion to close this public 9 hearing . 10 MR. LESLIE : So moved . 11 MR . MUNNS : Second . 12 MAYOR PROCHASKA: Moved and 13 seconded . May I have roll call, please? 14 MS . MILSCHEWSKI : Spears . 15 MS . SPEARS : Aye . 16 MS . MILSCHEWSKI : Burd . 17 MS . BURD: Aye . 18 MS . MILSCHEWSKI : Munns . 19 MR. MUNNS : Aye . 20 MS . MILSCHEWSKI : James . 21 MR. JAMES : Aye . 22 MS . MILSCHEWSKI : Leslie . 23 MR . LESLIE : Aye . 24 MS . MILSCHEWSKI : Besco . Depo Court Reporting Service (630) 983-0030 Yorkville City Council $ October 24 2006 1 MR. BESCO : Aye . 2 MS . MILSCHEWSKI : Bock . 3 MR . BOCK: Aye . 4 MAYOR PROCHASKA: Motion is carried . 5 The public hearing is closed . 6 Next we will move on to the 7 next public hearing, is for PC 2006-64 , 8 Weisman-Hughes Enterprises , Inc . , petitioner, has 9 filed an application the United City of 10 Yorkville , Kendall County, Illinois , requesting 11 annexation to the United City of Yorkville and 12 rezoning from Kendall County A-1 Agricultural to _ 13 United City of Yorkville Planned Unit Development 14 zoning to allow uses permitted in residential 15 districts and for hearing as to the annexation 16 agreement of the petitioner . 17 The real property consists of 18 approximately 91 . 8 acres east of Route 47 , 19 adjacent to and south of the Windett Ridge 20 subdivision, Yorkville, Kendall County, Illinois . 21 Who is here to speak on behalf 22 of the petitioner? Oh, I ' m sorry. I am 23 entertaining a motion . 24 MR. LESLIE : So moved. Depo Court Reporting Service (630) 983-0030 Yorkville City Council g October 24. 2006 1 MR. BESCO : Second . 2 MAYOR PROCHASKA: Moved and 3 seconded . May I have roll call, please? 4 MS . MILSCHEWSKI : Spears . 5 MS . SPEARS : Aye . 6 MS . MILSCHEWSKI : Burd . 7 MS . BURD : Aye . 8 MS . MILSCHEWSKI : Munns . 9 MR . MUNNS : Aye . 10 MS . MILSCHEWSKI : James . 11 MR . JAMES : Aye . 12 MS . MILSCHEWSKI : Leslie . 13 MR . LESLIE : Aye . 14 MS . MILSCHEWSKI: Besco . 15 MR . BESCO : Aye . 16 MS . MILSCHEWSKI : Bock . 17 MR . BOCK : Aye . 18 MAYOR PROCHASKA: Motion is carried . 19 We are now in public hearing . Sir . 20 WHEREUPON : 21 JOHN F. PHILIPCHUCK, 22 having been first duly sworn, testified before 23 the Yorkville City Council as follows : 24 MR. PHILIPCHUCK: Good evening . Depo Court Reporting Service (630) 983-0030 Yorkville City Council 10 October 24 2006 1 John Philipchuck, attorney, on behalf of 2 Weisman-Hughes Enterprises , Inc . 3 We are representing 4 Weisman-Hughes in bringing this annexation 5 agreement forward . 6 We are requesting annexation 7 and zoning under the City PUD ordinance for the 8 91 acres that ' s immediately to the south of the 9 existing Windett Ridge single-family detached 10 home subdivision, this being Route 47 , and, as 11 you can see from the development , there is a lot 12 of open space within the townhome component 13 that ' s up adjacent to the Commonwealth Edison 14 right-of-way and Route 47 . 15 Consists of 188 townhomes in 16 four-unit buildings , and then to the rear we have 17 the completion of our original Windett Ridge and 18 some single-family, some single-family lots , that 19 would compliment the street that would continue 20 out . We didn ' t want to try to take townhome 21 units and place them back here, so as a result 22 we ' ve got those ten lots . 23 So the proposal is to create a 24 comparable and compatible product that Depo Court Reporting Service (630) 983-0030 Yorkville City Council October 24, 2006 1 compliments our single-family development . 2 We ' re very pleased to present 3 this product . We have worked with Staff on the 4 actual architecturals and -- including masonry on 5 the buildings , and so we are here to answer any 6 questions that Council or the public may have 7 with regard to the public hearing on the 8 annexation . 9 MAYOR PROCHASKA: Okay . I would 10 open up the floor . Is there anyone here that 11 would like to ask any questions , have any comment 12 or testimony, on this particular public hearing? 13 (No response) 14 MAYOR PROCHASKA: Hearing none, is 15 there any discussion from the Council? 16 (No Response) 17 MAYOR PROCHASKA: Hearing none, I 18 would entertain a motion to close this public 19 hearing . 20 MR. BESCO: So moved . 21 MR . MUNNS : Second . 22 MS . BURD : Second . 23 MAYOR PROCHASKA: Moved and 24 seconded . May I have roll call, please? Depo Court Reporting Service (630) 983-0030 Yorkville City Council 12 October 24 2006 1 MS . MILSCHEWSKI : Burd . 2 MS . BURD : Aye . 3 MS . MILSCHEWSKI : Munns . 4 MR. MUNNS : Aye . 5 MS . MILSCHEWSKI : James . 6 MR. JAMES : Aye . 7 MS . MILSCHEWSKI : Wolfer . 8 (No Response) 9 MS . MILSCHEWSKI : I ' m sorry. 10 Leslie . 11 MR. LESLIE : Aye . 12 MS . MILSCHEWSKI : Besco . 13 - MR. BESCO : Aye . 14 MS . MILSCHEWSKI : Bock. 15 MR. BOCK : Aye . 16 MS . MILSCHEWSKI : Spears . 17 MS . SPEARS : Aye . 18 MAYOR PROCHASKA: Motion is carried . 19 Next is a public hearing -- and 20 this one , I have nothing in my packet . I don ' t 21 know that we got anything in on this . 22 This was the public hearing for 23 the General Obligation Refunding Bonds that 24 Spears Financial had talked to us about . We have Depo Court Reporting Service (630) 983-0030 Yorkville City Council 13 October 24 200 1 nothing here . 2 We can certainly open the 3 public hearing because it ' s stated, but I would 4 look at postponing this unless there is someone 5 here because there is nothing to speak on . 6 So, with that, I would 7 entertain a motion to go into public hearing . 8 MR . WYETH : Your Honor, you can open 9 the public hearing and hear any comments from the 10 public in regard to it . 11 Again, this is in furtherance 12 of the presentation by Barbara -- I am having the 13 trouble saying the name, Barbara Chevalier, and 14 she -- maybe she had a calendar error or 15 something . I would expect that she would be here 16 tonight . But still we could open, hear 17 testimony, and then close the public hearing . 18 MAYOR PROCHASKA: Well , there is no 19 initiative, so I would -- I would want to 20 postpone it . I don ' t have a problem opening it, 21 but I would like to postpone it . 22 MR . WYETH : That would be fine as 23 well . 24 MAYOR PROCHASKA: With that, I would Depo Court Reporting Service(630) 983-0030 Yorkville City Council 14 October 24, 2006 1 entertain a motion to go into public hearing for 2 the purpose of discussion of General Obligation 3 Refunding Bonds , Alternate Revenue Source . 4 MR. MUNNS : So moved . 5 MR. BESCO : Second . 6 MAYOR PROCHASKA: Moved and 7 seconded. May I have roll call, please? 8 MS . MILSCHEWSKI : Burd . 9 MS . BURD : Aye . 10 MS . MILSCHEWSKI : Munns . 11 MR . MUNNS : Aye . 12 MS . MILSCHEWSKI : James . 13 MR. JAMES : Aye . 14 MS . MILSCHEWSKI : Leslie . 15 MR. LESLIE : Aye . 16 MS . MILSCHEWSKI : Besco . 17 MR. BESCO : Aye . 18 MS . MILSCHEWSKI : Bock . 19 MR. BOCK: Aye . 20 MS . MILSCHEWSKI : Spears . 21 MS . SPEARS : Aye . 22 MAYOR PROCHASKA: Motion is carried . 23 And I guess I would ask on the floor if there is 24 anyone that has any comment on this right now . Depo Court Reporting Service (630) 983-0030 Yorkville City Council 15 October 24, 2006 1 (No Response) 2 MAYOR PROCHASKA: Hearing none, I 3 don ' t know if Council has any discussion, I guess 4 I would entertain a motion to postpone this 5 public hearing to the next City Council meeting, 6 which would be November 14th . 7 MS . BURD: So moved . 8 MR. BESCO : Second . 9 MAYOR PROCHASKA: Moved and 10 seconded . Is there comments or questions? 11 MS . SPEARS : Is there a time frame 12 on this? 13 MAYOR PROCHASKA: I don.' t believe 14 so . 15 MS . SPEARS : Is there any type of a 16 time frame that we -- 17 MS . MIKA: Well, actually I ' m a 18 little concerned because somebody from Spears 19 Financial was supposed to be here tonight because 20 on the 14th is when the bonds actually go to 21 sale, so that would just delay the bonds being 22 able to go out to sale on that . 23 MAYOR PROCHASKA: Well , I would -- 24 We may have to relook at that because I would Depo Court Reporting Service (630) 983-0030 Yorkville City Council 16 October 24 200 1 have an issue of going forward without having 2 anyone here to -- 3 MS . MIKA: Absolutely . I agree . 4 MAYOR PROCHASKA: So this can go on 5 the agenda for the 14th, but it would have to 6 be -- well , we would have to find out if they 7 would sell -- they could sell those -- they are 8 supposed to be sold on the 14th? 9 MS . MIKA: Correct . That morning, 10 on Tuesday, the 14th, provided -- 11 MAYOR PROCHASKA: Well , we ' d have to 12 delay that then. 13 MS . MIKA: I ' m sorry? 14 MAYOR PROCHASKA: We ' d have to delay 15 that . 16 MS . BURD : Could it be possible for 17 us to amend one of our special meetings to have 18 this hearing be part of the special meeting? 19 MR. WYETH : You may want to postpone 20 this to the 30th, next Monday, at the reported 21 time , 7 : 00 o ' clock, rather than to close this 22 public hearing, so you would actually -- you ' ll 23 move to adjourn to the 30th at 7 : 00 o ' clock at 24 the special meeting of the City Council . Depo Court Reporting Service (630) 983-0030 Yorkville City Council 17 October 24. 2006 1 MAYOR PROCHASKA: We could do that . 2 If thatP leases the Council I would entertain a 3 motion to do that . 4 MS . BURD : So moved . 5 MR . BOCK: Second . 6 MAYOR PROCHASKA: Moved and 7 seconded . 8 May I have -- We are now 9 looking at postponing this to October 30th at 10 7 : 00 o ' clock . 11 Any further discussion? - 12 MS . BURD : We will notify whoever 13 was supposed to be here? 14 MS . MIKA: I am going to actually 15 excuse myself in a few moments and see if Spears 16 Financial can answer a phone call , who is not 17 present . Maybe somebody is en route here and 18 stuck in traffic or whatever the case may be . 19 MAYOR PROCHASKA: Okay . They don ' t 20 have to be here now. Okay. 21 MS . BURD : Back on the 30th? 22 MAYOR PROCHASKA: On the 30th . 23 MS . MIKA: Okay. 24 Hearing no further discussion, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 18 October 24 2006 1 may I have roll call , please? 2 MS . MILSCHEWSKI : Munns . 3 MR . MUNNS : Aye . 4 MS . MILSCHEWSKI : James . 5 MR . JAMES : Aye . 6 MS . MILSCHEWSKI : Leslie . 7 MR . LESLIE : Aye . 8 MS . MILSCHEWSKI : Besco . 9 MR. BESCO : Aye . 10 MS . MILSCHEWSKI : Bock . 11 MR. BOCK: Aye . 12 MS . MILSCHEWSKI :. _ Spears 13 MS . SPEARS : Aye . 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : Aye . 16 MAYOR PROCHASKA: Motion is carried . 17 This is now continued to October 30th at 7 : 00 18 p . m. 19 Next on the agenda is a public 20 hearing for the Revised Landscape Ordinance . I 21 would entertain a motion to go into public 22 hearing for the purpose of discussing the Revised 23 Landscape Ordinance . 24 MR. LESLIE : So moved . Depo Court Reporting Service (630) 983-0030 Yorkville City Council 19 October 24 2006 1 MS . BURD : Second. 2 MAYOR PROCHASKA: Moved and 3 seconded . Roll call , please? 4 MS . MILSCHEWSKI : Munns . 5 MR. MUNNS : Aye . 6 MS . MILSCHEWSKI : James . 7 MR. JAMES : Aye . S MS . MILSCHEWSKI : Leslie . 9 MR. LESLIE : Aye . 10 MS . MILSCHEWSKI : Besco . 11 (No Response) 12 MS . MILSCHEWSKI : Bock . 13 MR. BOCK: Aye . 14 MS . MILSCHEWSKI : Spears . 15 MS . SPEARS : Aye . 16 MS . MILSCHEWSKI : Burd . 17 MS . BURD: Aye . 18 MAYOR PROCHASKA: Motion is carried. 19 We are now in public hearing . And announce your 20 name . 21 WHEREUPON : 22 LAURA HAAKE, 23 testified before the Yorkville City Council as 24 follows : Depo Court Reporting Service (630) 983-0030 Yorkville City Council 20 October 24 2006 1 MS . HAAKE : Laura Haake . I am back . 2 I -- Okay . I am going to briefly talk about what 3 I -- what we had changed for the Landscape 4 Ordinance, the revisions that were made . 5 The first item was that medium 6 planting guidelines were added, worked with the 7 Public Works Department and the Parks Department 8 in creating those guidelines . 9 Another change was that now 33 10 percent of the required trees can ' t be of the 11 same genus . Before it was just of a species , so 12 now it is° specifically genus . 13 Added a nuisance tree list and 14 expanded the acceptable parkway species and shade 15 tree list. 16 And also revised the tree 17 preservation part of the ordinance so that it was 18 a little more -- there was a few more guidelines 19 added so that it would help both our department 20 and the engineering department when reviewing 21 those plans . 22 In addition, after Joe ' s 23 comment at the last -- when it was presented 24 previously, language was added so that Depo Court Reporting Service(630) 983-0030 Yorkville City Council 29 October 24, 2006 1 free-standing signage on the next property, on 2 adjacent parcels , would not be blocked by the 3 landscaping that ' s added to new properties . 4 That was added both in parkway 5 landscaping and other general sections , there 6 were -- there was language added so that we are 7 requiring now the developers to add the location 8 of that signage and make sure that , you know, if 9 they plant an evergreen, it ' s not going to block 10 the sign for the next property. So those are the 11 revised changes . 12 MAYOR PROCHASKA: Is there anyone in 13 the audience that would like to comment or have a 14 question on this revision to the ordinance? 15 (No Response) 16 MAYOR PROCHASKA: Hearing none, is 17 there comment from the Council? 18 (No Response) 19 MAYOR PROCHASKA: Hearing none, then 20 I would entertain a motion to close this public 21 hearing . 22 MS . BURD: So moved . 23 MS . SPEARS : Second . 24 MAYOR PROCHASKA: Moved and Depo Court Reporting Service (630) 983-0030 Yorkville City Council 22 October 24 2006 1 seconded . Any further discussion? 2 (No Response) 3 MAYOR PROCHASKA: Hearing none, may 4 I have roll call, please? 5 MS . MILSCHEWSKI : James . 6 MR. JAMES : Aye . 7 MS . MILSCHEWSKI : Leslie . 8 MR. LESLIE : Aye . 9 MS . MILSCHEWSKI : Bock . 10 MR. BOCK: Aye . 11 MS . MILSCHEWSKI : Spears . 12 MS . -S-PEARS: Aye 13 MS . MILSCHEWSKI : Burd . 14 MS . BURD : Aye . 15 MS . MILSCHEWSKI : Munns . 16 MR. MUNNS : Aye . 17 MAYOR PROCHASKA: Motion is carried. 18 And finally we are going to -- 19 we have a public hearing to -- entertain a motion 20 to go into public hearing to discuss the revised 21 off-street parking regulations and requirements . 22 And specifically this is driveways . 23 MR. MILLER: Correct . 24 MR. MUNNS : So moved. Depo Court Reporting Service (630) 983-0030 Yorkville City Council 23 October 24, 2006 1 MR . LESLIE : Second . 2 MAYOR PROCHASKA: Moved and 3 seconded . May I have roll call, please? 4 MS . MILSCHEWSKI : James . 5 MR . JAMES : Aye . 6 MS . MILSCHEWSKI : Leslie . 7 MR . LESLIE : Aye . 8 MS . MILSCHEWSKI : Besco . 9 (No Response) 10 MS . MILSCHEWSKI : Bock . 11 MR . BOCK : Aye . - 12 MS . MILSCHEWSKI : Spears . 13 MS . SPEARS : Aye . 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : Aye . 16 MS . MILSCHEWSKI : Munns . 17 MR . MUNNS : Aye . 18 MAYOR PROCHASKA: All right . We are 19 in public hearing, and -- 20 WHEREUPON : 21 TRAVIS MILLER, 22 testified before the Yorkville City Council as 23 follows : 24 MR . MILLER: Good evening . Travis Depo Court Reporting Service (630) 983-0030 Yorkville City Council 24 October 24 2006 1 Miller . This recommendation is a Staff 2 recommendation to modify the Zoning Ordinance 3 10-11-3 . This is a section pertaining to 4 driveway ordinances out of the driveway ordinance 5 and regulation . 6 Specifically, there are four 7 key elements that would be modified . One would 8 be the regulation of driveway width would 9 maintain itself at 25 feet , which is what the 10 current ordinance is , but allow for situations 11 for residential driveways where the setback is 12 less than 30 feet, to widen the driveway to a 13 width of 30 feet to allow for a little more 14 flexibility in off-street parking situations 15 where front yards aren ' t as deep . 16 This also addresses access 17 management thoroughfares, actually all streets 18 within the City at a higher level than what the 19 current ordinance does . 20 This distinguishes between 21 residential driveways versus commercial driveways 22 and establishes criteria for citing both of those 23 and their relationship to the nearest 24 intersection and the width of those driveways, Depo Court Reporting Service (630) 983-0030 Yorkville City Council 25 October 24 2006 1 commercial driveways, which would allow for a 2 wider width based on the volume of traffic 3 generated for the commercial use in a specific 4 situation, and those formulas are outlined in the 5 ordinance . 6 Front yard parking is 7 addressed . The B-3 zoning district currently 8 doesn ' t allow for front yard parking . 9 This has created an issue, and 10 it was Staff ' s opinion that with the current 11 landscape ordinance in place that wasn ' t in place 12 at the original drafting of this ordinance, the 13 screening that comes with that landscape 14 ordinance would protect us from an issue of 15 having parking in the front yard of B-3 in the 16 B-3 zoning district, so Staff ' s recommendation 17 was to eliminate that language from this 18 regulation . 19 Fourth, we ' ve included some 20 lighting language that ' s consistent with our 21 subdivision control ordinance, just marrying 22 these two ordinances together, and this language 23 basically speaks to the nice guy concept , as does 24 the subdivision control ordinance , so with that , Depo Court Reporting Service (630) 983-0030 Yorkville City Council 26 October 24 2006 1 I can answer any questions . 2 MAYOR PROCHASKA: Okay . Is there 3 anyone in the audience that would like to ask any 4 questions , give any comment , testimony, on this 5 proposed change to the ordinance? . 6 (No Response) 7 MAYOR PROCHASKA: Hearing none, is 8 there any discussion from the City Council? 9 (No Response) 10 MAYOR PROCHASKA: Hearing none, I 11 would entertain a motion to close this public 12 -hearing . 13 MR . BOCK: So moved . 14 MR . LESLIE : Second . 15 MAYOR PROCHASKA: Moved and 16 seconded . Any further discussion? 17 (No Response) 18 MAYOR PROCHASKA: Hearing none, may 19 I have roll call , please? 20 MS . MILSCHEWSKI : Leslie . 21 MR. LESLIE : Aye . 22 MS . MILSCHEWSKI : Besco . 23 MR . BESCO: Aye . 24 MS . MILSCHEWSKI : Bock . Depo Court Reporting Service (630) 983-0030 Yorkville City Council 27 October 24 2006 1 MR. BOCK: Aye . 2 MS . MILSCHEWSKI : Spears . 3 MS . SPEARS : Aye . 4 MS . MILSCHEWSKI : Burd . 5 MS . BURD: Aye . 6 MS . MILSCHEWSKI : Munns . 7 MR. MUNNS : Aye . 8 MS . MILSCHEWSKI : James . 9 MR . JAMES : Aye . 10 MAYOR PROCHASKA: Motion is carried. 11 (Which were all the 12 _ proceedings had in 13 the public hearing 14 portion of the 15 meeting . ) 16 ---000--- 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983-0030 Yorkville City Council 28 October 24, 2006 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid - and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my :hanad this day of 16 �� ---' 2006 . 17 18 19 20 aCHRIISTINEi __ _ _M VI 0 H, C . S R 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service (630) 983-0030 29 ---oOo--- 27:16 adjourn 16:23 believe 15:13 18:16, 19:18, 22:17, 084-002883 28:24 Administrator 2:10 BESCO 2:8, 3:22, 27:10 14th 15:6, 15:20, aforesaid 28:14 3:23, 7:24, 8:1, 9:1, case 17:18 16:5, 16:8, 16:10 agenda 16:5, 18:19 9:14, 9:15, 11:20, caught 5:7 188 10:15 agree 16:3 12:12, 12:13, 14:5, center 4:17 2006-6 8:7 agreement 6:14, 14:16, 14:17, 15:8, certain 6:24 2006. 28:18 8:16, 10:5 18:8, 18:9, 19:10, certainly 13:2 25 24:9 Agricultural 8:12 23:8, 26:22, 26:23 Certified 28:7 30 24:12, 24:13 Alderman 2:3, 2:4, block 21:9 change 20:9, 26:5 30th 16:20, 16:23, 2:5, 2:6, 2:7, 2:8, 2:9 blocked 21:2 changed 20:3 17:9, 17:21, 17:22, Aldermen 4:9 BOCK 2:7, 3:7, 3:10, changes 21:11 18:17 Allegiance 3:1 3:11, 8:2, 8:3, 9:16, Chevalier 13:13 33 20:9 allow 8:14, 24:10, 9:17, 12:14, 12:15, CHRISTINE 1:10, 4 8:18, 10:10 24:13, 25:1, 25:8 14:18, 14:19, 17:5, 28:6, 28:23 47 10:14 allowing 5:9 18:10, 18:11, 19:12, citing 24:22 7:00 1:11, 1:11, already 6:19 19:13, 22:9, 22:10, City 1:1, 1:2, 1:12, 16:21, 16:21, 16:23, Alternate 14:3 23:10, 23:11, 26:13, 2:10, 2:11, 2:14, 16:23, 17:10, 17:10, amend 16:17 26:24, 27:1 2:19, 4:5, 4:18, 5:11, 18:17, 18:17 ANN 2:9 Bonds 12:23, 14:3, 6:14, 8:9, 8:11, 8:13, 800 1:11 annexation 8:11, 15:20, 15:21 9:23, 10:7, 15:5, 822,000 4:16, 4:16 8:15, 10:4, 10:6, 11:8 briefly 20:2 16:24, 19:23, 23:22, 91 10:8 announce 19:19 bringing 10:4 24:18, 26:8 91.8 8:18 answer 4:21, 11:5, buildings 10:16, clarify 6:23 17:16, 26:1 11:5 Clerk 2:14 appeared 2:18 BURD 2:5, 3:14, close 7:8, 11:18, < A> application 8:9 3:15, 5:17, 6:19, 7:2, 13:17, 16:21, 21:20, A-1 8:12 approximately 8:18 7:16, 7:17, 9:6, 9:7, 26:11 able 15:22 architecturals 11:4 11:22, 12:1, 12:2, closed 8:5 above-entitled 1:9 ARTHUR 2:2 14:8, 14:9, 15:7, comes 25:13 Absolutely 6:11, Associates 4:8 16:16, 17:4, 17:12, comfortable 6:18 16:3 attorney 6:9, 10:1 17:21, 18:14, 18:15, comment 11:11, acceptable 20:14 audience 4:23, 19:1, 19:16, 19:17, 14:24, 20:23, 21:13, access 24:16 21:13, 26:3 21:22, 22:13, 22:14, 21:17, 26:4 acres 8:18, 10:8 available 5:21 23:14, 23:15, 27:4, comments 13:9, actual 11:4 aware 6:4 27:5 15:10 actually 15:17, Business 3:4, 4:11, commercial 24:21, 15:20, 16:22, 17:14, 28:8 25:1, 25:3 24:17 < B > Commonwealth add 21:7 B-3 25:7, 25:15, 10:13 Added 20:6, 20:13, 25:16 < C > Community 2:12 20:19, 20:24, 21:3, Back 10:21, 17:21, C.S.R. 1:10, 28:23 Companies 4:9 21:4, 21:6 20:1 calendar 13:14 comparable 10:24 addition 20:22 Barbara 13:12, call 3:9, 7:13, 9:3, compatible 10:24 additional 6:23 13:13 11:24, 14:7, 17:16, completion 10:17 addressed 25:7 based 25:2 18:1, 19:3, 22:4, compliment 10:19 addresses 24:16 basically 25:23 23:3, 26:19 compliments 11:1 adjacent 8:19, behalf 2:18, 8:21, carried 3:24, 8:4, component 10:12 10:13, 21:2 10:1 9:18, 12:18, 14:22, concept 25:23 Depo Court Reporting Service(630) 983-0030 30 concern 5:6 14:2, 15:3, 17:11, < F > guy 25:23 concerned 15:18 17:24, 22:1, 26:8, F. 2:2, 9:21 consistent 25:20 26:16 far 5:16, 7:2 Consists 8:17, 10:15 distinguishes 24:20 Farm 1:11 < H > contains 28:14 District 3:5, 4:11, feel 6:18 Haake 19:22, 20:1, continue 10:19 25:7, 25:16 feet 24:9, 24:12, 20:1 continued 18:17 districts 8:15 24:13 hand 28:17 control 25:21, 25:24 document 7:3 few 17:15, 20:18 Harlem 4:8, 4:17 Correct 16:9, 22:23, doing 4:2, 5:18, 28:8 filed 8:9 hear 13:9, 13:16 28:13 domain 5:9 finally 22:18 hearings 4:11, 4:13 costs 4:12 drafting 25:12 Financial 12:24, help 4:12, 6:23, Council 1:1, 4:5, 5:4, driveway 24:4, 24:4, 15:19, 17:16 20:19 5:7, 5:12, 6:5, 6:14, 24:8, 24:12 financing 4:16 hereunto 28:16 9:23, 11:6, 11:15, driveways 22:22, find 16:6 higher 24:18 15:3, 15:5, 16:24, 24:11, 24:21, 24:21, fine 13:22 home 10:10 17:2, 19:23, 21:17, 24:24, 25:1 first 9:22, 20:5, 28:6 Honor 13:8 23:22, 26:8 duly 9:22, 28:6 flexibility 24:14 hour 1:11 COUNTY 8:10, 8:12, floor 4:23, 11:10, 8:20, 28:3 14:23 create 10:23 < E > follows 4:6, 9:23, < I > created 25:9 east 8:18 19:24, 23:23 Illinois 1:2, 1:12, creating 20:8 economic 6:21 foot 4:16 2:19, 8:10, 8:20, criteria 24:22 Edison 10:13 foregoing 28:11, 28:1, 28:9 CROIS 2:10 elements 24:7 28:12 immediately 10:8 CSR 28:24 eligible 4:12 formulas 25:4 Inc. 8:8, 10:2 current 24:10, eliminate 25:17 forward 10:5, 16:1 included 5:13, 25:19 24:19, 25:10 eminent 5:9 four 24:6 including 11:4 currently 25:7 en 17:17 four-unit 10:16 indicate 6:13 engineering 20:20 fourt 25:19 initiative 13:19 Enterprises 8:8, frame 15:11, 15:16 intent 5:19 < D > 10:2 free-standing 21:1 intention 6:5, 6:6, day 28:17 Entertain 3:2, 7:8, Front 24:15, 25:6, 6:8, 6:11 deep 24:15 11:18, 13:7, 14:1, 25:8, 25:15 intersection 24:24 delay 15:21, 16:12, 15:4, 17:2, 18:21, fund 4:12 Irving 4:8, 4:17 16:14 21:20, 22:19, 26:11 furtherance 13:11 issue 16:1, 25:9, Department 20:7, entertaining 8:23 25:14 20:7, 20:19, 20:20 error 13:14 issues 5:15 detached 10:9 establishes 24:22 < G > item 20:5 developers 21:7 evening 9:24, 23:24 Game 1:11 itself 24:9 Development 2:12, evergreen 21:9 General 12:23, 14:2, 6:21, 8:13, 10:11, excited 4:17 21:5 11:1 excuse 17:15 generated 25:3 < J > direct 5:11 exercise 6:15 genus 20:11, 20:12 JACQUELYN 2:14 Director 2:13 existing 10:9 give 26:4 JAMES 2:3, 2:7, discuss 22:20 expanded 20:14 guess 6:3, 14:23, 3:18, 3:19, 7:20, discussing 3:4, expect 13:15 15:3 7:21, 9:10, 9:11, 18:22 guidelines 20:6, 12:5, 12:6, 14:12, discussion 11:15, 20:8, 20:18 14:13, 18:4, 18:5, Depo Court Reporting Service (630) 983-0030 31 19:6, 19:7, 22:5, location 21:7 MUNNS 2:6, 3:16, 6:5, 6:24, 16:17, 24:7 22:6, 23:4, 23:5, look 13:4 3:17, 7:11, 7:18, open 4:22, 10:12, 27:8, 27:9 looking 17:9 7:19, 9:8, 9:9, 11:21, 11:10, 13:2, 13:8, JASON 2:4 lot 10:11 12:3, 12:4, 14:4, 13:16 Joe 20:22 lots 10:18, 10:22 14:10, 14:11, 18:2, opening 13:20 John 2:10, 2:17, 18:3, 19:4, 19:5, opinion 25:10 9:21, 10:1 22:15, 22:16, 22:24, Ordinance 6:20, JOSEPH 2:8 < M > 23:16, 23:17, 27:6, 10:7, 18:20, 18:23, JUSTIN 2:17 M. 1:10, 28:6, 28:23 27:7 20:4, 20:17, 21:14, maintain 24:9 myself 17:15 24:2, 24:4, 24:10, major 4:18 24:19, 25:5, 25:11, < K > management 24:17 25:12, 25:14, 25:21, Kendall 3:4, 8:10, Marketplace 3:4 < N > 25:24, 26:5 8:12, 8:20 marrying 25:21 name 4:7, 13:13, ordinances 24:4, key 24:7 MARTY 2:6 19:20 25:22 kind 5:6 masonry 11:4 nearest 24:23 original 10:17, 25:12 matter 1:9 necessary 4:20 outlined 25:4 medium 20:5 new 21:3 overall 4:15 < L> MEETING 1:1, 1:9, Next 8:6, 8:7, 12:19, override 5:22 Landscape 18:20, 15:5, 16:18, 16:24 15:5, 16:20, 18:19, 18:23, 20:3, 25:11, meeting. 27:15 21:1, 21:10 25:13 meetings 16:17 nice 25:23 < P > landscaping 21:3, MIKA 15:17, 16:3, No. 6:7, 28:24 p.m. 1:11, 18:18 21:5 16:9, 16:13, 17:14, none 5:3, 11:14, packet 12:20 language 6:9, 6:23, 17:23 11:17, 15:2, 21:16, parcels 21:2 20:24, 21:6, 25:17, Miller 2:12, 22:23, 21:19, 22:3, 26:7, parking 22:21, 25:20, 25:22 23:21, 23:24, 24:1 26:10, 26:18 24:14, 25:6, 25:8, LASALLE 28:3 modified 24:7 notes 28:13 25:15 last 20:23 modify 24:2 nothing 12:20, 13:1, Parks 20:7 Laura 19:22, 20:1 moments 17:15 13:5 parkway 20:14, 21:4 LESLIE 2:4, 3:6, Monday 16:20 notify 17:12 part 4:15, 4:18, 3:20, 3:21, 7:10, morning 16:9 November 15:6 16:18, 20:17 7:22, 7:23, 8:24, Motion 3:2, 3:24, nuisance 20:13 particular 11:12 9:12, 9:13, 12:10, 7:8, 8:4, 8:23, 9:18, passed 6:20 12:11, 14:14, 14:15, 11:18, 12:18, 13:7, PAUL 2:3 18:6, 18:7, 18:24, 14:1, 14:22, 15:4, < O > PC 8:7 19:8, 19:9, 22:7, 17:3, 18:16, 18:21, o'clock 16:21, 16:23, per 6:14 22:8, 23:1, 23:6, 19:18, 21:20, 22:17, 17:10 percent 20:10 23:7, 26:14, 26:20, 22:19, 26:11, 27:10 oath 28:7 permitted 8:14 26:21 move 8:6, 16:23 Obligation 12:23, personally 6:17 less 24:12 Moved 3:6, 3:8, 7:10, 14:2 pertaining 24:3 level 24:18 7:12, 8:24, 9:2, October 17:9, 18:17 petitioner 5:1, 8:8, License 28:24 11:20, 11:23, 14:4, off-street 22:21, 8:16, 8:22 life 5:15 14:6, 15:7, 15:9, 24:14 Philipchuck 9:21, lighting 25:20 17:4, 17:6, 18:24, Okay 11:9, 17:19, 9:24, 10:1 list 20:13, 20:15 19:2, 21:22, 21:24, 17:20, 17:23, 20:2, phone 17:16 little 15:18, 20:18, 22:24, 23:2, 26:13, 26:2 place 10:21, 25:11, 24:13 26:15 One 4:14, 5:5, 5:5, 25:11 Depo Court Reporting Service (630) 983-0030 32 plan 4:16 13:9, 13:10, 13:17, 24:11, 24:21 22:1, 23:3, 26:16 Planned 8:13 14:1, 15:5, 16:22, Response 5:2, 7:6, section 24:3 plans 20:21 18:19, 18:21, 19:19, 11:13, 11:16, 12:8, sections 21:5 plant 21:9 20:7, 21:20, 22:19, 15:1, 19:11, 21:15, sell 16:7, 16:7 planting 20:6 22:20, 23:19, 26:11, 21:18, 22:2, 23:9, set 28:16 please 3:9, 7:13, 9:3, 27:13, 28:11, 28:15 26:6, 26:9, 26:17 setback 24:11 11:24, 14:7, 18:1, PUD 10:7 responsibilities 7:1 setting 4:12 19:3, 22:4, 23:3, purpose 3:3, 5:9, rest 5:6 shade 20:14 26:19 14:2, 18:22 result 10:21 Shorthand 28:8, pleased 11:2 Revenue 14:3 28:10, 28:13 pleases 17:2 reviewing 20:20 sign 21:10 Pledge 3:1 < Q > Revised 18:20, signage 21:1, 21:8 point 4:19 question 21:14 18:22, 20:16, 21:11, simply 6:3, 6:8, 6:10 policy 5:11 questions 4:21, 5:1, 22:20 single-family 10:9, POLSKY4:4, 4:7, 5:4, 11:6, 11:11, revision 21:14 10:18, 10:18, 11:1 4:7, 4:8, 6:7, 6:16 15:10, 26:1, 26:4 revisions 20:4 Sir 9:19 portion 27:14 rezoning 8:12 situation 25:4 possible 16:16 Ridge 8:19, 10:9, situations 24:10, postpone 13:20, < R > 10:17 24:14 13:21, 15:4, 16:19 rather 16:21 right-of-way 10:14 sold 16:8 postponing 13:4, real 8:17 Road 1:11 somebody 15:18, 17:9 rear 10:16 Roll 3:9, 7:13, 9:3, 17:17 POWELL 2:11 recommendation 11:24, 14:7, 18:1, someone 13:4 power 6:12 24:1, 24:2, 25:16 19:3, 22:4, 23:3;• sorry 8:22, 12:9, present 4:24, 11:2, redevelopment 5:10 26:19 16:13 17:17 Refunding 12:23, ROSE 2:9 Source 14:3 presentation 4:2, 14:3 Route 8:18, 10:1,0,- south 8:19, 10:8 4:20, 13:12 regard 11:7, 13:10 10:14, 17:17space 10:12 presented 20:23 regulation 24:5, speaks 25:23 preservation 20:17 24:8, 25:18 SPEARS 2:9, 3:12, previously 20:24 regulations 22:21 < S > 3:13, 7:14, 7:15, 9:4, probably 5:7 reiterating 5:18, safe 7:2 9:5, 12:16, 12:17, problem 13:20 5:24, 6:10 safety 5:15, 5:15 12:24, 14:20, 14:21, PROCEEDINGS 1:8, relationship 24:23 sale 15:21, 15:22 15:11, 15:15, 15:18, 27:12, 28:11, 28:15 relook 15:24 Sam 4:4, 4:7 17:15, 18:12, 18:13, product 10:24, 11:3 repeating 6:3, 6:3 saw 5:17 19:14, 19:15, 21:23, properties 21:3 REPORT 1:8 saying 5:20, 13:13 22:11, 22:12, 23:12, property 8:17, 21:1, reported 16:20, says 28:7 23:13, 27:2, 27:3 21:10 28:10 screening 25:13 special 16:17, 16:18, proposal 10:23 Reporter 28:8 Second 3:7, 4:10, 16:24 proposed 26:5 representing 4:8, 4:14, 7:11, 9:1, species 20:11, 20:14 protect 25:14 10:3 11:21, 11:22, 14:5, specific 25:3 provided 16:10 requesting 8:10, 15:8, 17:5, 19:1, Specifically 20:12, Public 3:3, 4:1, 4:10, 10:6 21:23, 26:14 22:22, 24:6 5:15, 7:8, 8:5, 8:7, required 4:13, 20:10 second. 23:1 square 4:16 9:19, 11:6, 11:7, requirements 22:21 seconded 3:9, 7:13, ss 28:2 11:12, 11:18, 12:19, requiring 21:7 9:3, 11:24, 14:7, Staff 11:3, 24:1, 12:22, 13:3, 13:7, residential 8:14, 15:10, 17:7, 19:3, 25:10, 25:16 Depo Court Reporting Service (630) 983-0030 33 State 4:13, 5:19, < U > 13:22, 16:19 28:1, 28:8 Unit 8:13 stated 13:3 United 1:2, 2:18, 8:9, statement 5:8 8:11, 8:13 < Y> statute 4:13, 5:19, units 10:21 yard 25:6, 25:8, 5:21, 6:1, 6:10 unless 13:4 25:15 statutory 6:8 useful 6:15 yards 24:15 street 10:19 uses 8:14 Yorkville 1:2, 1:12, streets 24:17 using 5:19, 6:11 2:19, 4:5, 8:10, 8:11, stuck 17:18 8:13, 8:20, 9:23, subdivision 8:20, 19:23, 23:22 10:10, 25:21, 25:24 <V > supposed 15:19, VALERIE 2:5 16:8, 17:13 various 4:12 < Z> surely 6:22 versus 24:21 Zoning 8:14, 10:7, sworn 9:22, 28:7 violation 5:11 24:2, 25:7, 25:16 VITOSH 1:10, 28:6, 28:23 < T > volume 25:2 < Dates > Talked 6:9, 12:24 voted 5:11 10-11-3 24:3 talks 5:8 october 24, 2006 ten 10:22 1:10, 1:10, 1:10 testified 4:5, 9:22, <W > 19:23, 23:22 Weisman-hughes testimony 4:24, 8:8, 10:2, 10:4 11:12, 13:17, 26:4 whatever 17:18 thoroughfares 24:17 whatsoever 6:12 together 25:22 WHEREOF 28:16 tonight 13:16, 15:19 WHEREUPON 4:3, townhome 10:12, 9:20, 19:21, 23:20 10:20 whoever 17:12 townhomes 10:15 widen 24:12 traffic 17:18, 25:2 wider 25:2 transcript 28:13 width 24:8, 24:13, Travis 2:12, 23:21, 24:24, 25:2 23:24 will 6:14, 8:6, 17:12 Treasurer 2:11 WILLIAM 2:11 tree 20:13, 20:15, Windett 8:19, 10:9, 20:16 10:17 trees 20:10 within 10:12, 24:18 trouble 13:13 without 16:1 true 28:12 WITNESS 28:16 try 10:20 Wolfer 12:7 Tuesday 16:10 wondering 5:6 two 4:13, 25:22 worked 11:3, 20:6 type 15:15 Works 20:7 WYETH 2:17, 5:24, 6:13, 6:22, 7:4, 13:8, Depo Court Reporting Service (630) 983-0030 ♦��0 C/T� Reviewed By: J� 0� Legal ❑ City Council Finance ❑ EST. , ��-'1836 Engineer ❑ City Administrator ❑ Agenda Item Tracking Number O Consultant ❑ CCC'�� <LE �V�' ❑ City Council Agenda Item Summary Memo Title: Ordinance approving $3,500,000 General Obligation Refunding Bonds (Alternative Revenue Source), Series 2007A. City Council/ Committee of the Whole Date: CC 1/23/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Vote on this Ordinance at the City Council Meeting of 1/23/07 Submitted by: Susan Mika Finance Name Department Agenda Item Notes: EXTRACT OF MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held at the City Hall, located at 800 Game Farm Road, in said City, at 7:00 p.m., on the 23rd day of January, 2007. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, ,the Mayor, and the following Aldermen were physically present at said location: The following Aldermen were allowed by a majority of the members of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: Alderman presented, and the City Clerk read by title an ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and to everyone in attendance at said meeting who requested a copy: 2137713_01_09 2143501 •KK• 1/18/07 ORDINANCE NO. AN ORDINANCE authorizing and providing for the issue of not to exceed $3,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois, for the purpose of refunding a portion of the City's outstanding Debt Certificates, Series 2003, prescribing the details of said bonds, and providing for the imposition of taxes to pay the same, and for the collection, segregation and application of the waterworks and sewerage system revenues to pay said Bonds. TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES......................................................................................................................................I Section1. Definitions...................................................................................................1 Section 2. Incorporation of Preambles; Acceptance of Report ....................................1 Section 3. Determination to Issue Bonds; Useful Life.................................................1 Section4. Bond Details................................................................................................1 Section5. Redemption..................................................................................................l Section 6. Execution; Authentication...........................................................................1 Section 7. Registration of Bonds; Persons Treated as Owners; Global Book-Entry System................................................................................l Section8. Form of Bonds.............................................................................................1 Section9. Sale of the Bonds.........................................................................................l Section 10. Treatment of Bonds As Debt.......................................................................1 Section 11. Continuation of Waterworks and Sewerage Fund and Accounts; Flow of Funds.......................................................................l Section 12. 2006B Alternate Bond Fund........................................................................l Section 13. Use of Bond Proceeds..................................................................................l Section 14. Pledged Taxes; Tax Levy............................................................................1 Section 15. Filing with County Clerk.............................................................................l Section 16. Abatement of Pledged Taxes.......................................................................1 Section 17. General Covenants.......................................................................................l Section 18. Future Revenue Bonds, Additional Bonds and Subordinate Bonds.........................................................:...........................................1 Section19. Defeasance...................................................................................................1 Section 20. This Ordinance a Contract...........................................................................l Section 21. Call of the Refunded Obligations................................................................1 Section 22. Bond Registrar Covenants...........................................................................1 Section 23. Non-Arbitrage and Tax-Exemption.............................................................1 Section24. Registered Form ..........................................................................................1 Section 25. Municipal Bond Insurance...........................................................................1 Section 26. Continuing Disclosure Undertaking............................................................1 Section27. Severability..................................................................................................l Section28. Repealer.......................................................................................................l Section29. Effective Date..............................................................................................1 This Table of Contents is for convenience only and is not a part of the ordinance. ORDINANCE No. AN ORDINANCE authorizing and providing for the issue of not to exceed $3,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois, for the purpose of refunding a portion of the City's outstanding Debt Certificates, Series 2003, prescribing the details of said bonds, and providing for the imposition of taxes to pay the same, and for the collection, segregation and application of the waterworks and sewerage system revenues to pay said Bonds. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and existing municipality and unit of local government created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, as supplemented and amended (the "Code"), and for many years past has owned and operated a combined waterworks and sewerage system (the "System") in accordance with the provisions of Division 139 of the Code; and WHEREAS, the City Council of the City (the "Corporate Authorities") has determined that it is advisable, necessary and in the best interests of the City to refund certain of the City's outstanding Debt Certificates,Series 2003 (the "Refunded Obligations"); and WHEREAS, the Refunded Obligations are more fully described in an escrow agreement (the "Escrow Agreement") referred to in Section 13 hereof and are presently outstanding and unpaid and are binding and subsisting legal obligations of the City; and WHEREAS, the cost of refunding the Refunded Obligations (the "Refunding") including legal, financial, bond discount, printing and publication costs and other expenses is an amount not to exceed $3,500,000 and there are insufficient funds on hand and lawfully available to pay such costs; and WHEREAS, pursuant to and in accordance with the provisions of the Code, the City is authorized to issue its waterworks and sewerage revenue bonds for the purpose of providing funds to pay the costs of the Refunding; and WHEREAS, as provided in Section 15 of the Local Government Debt Reform Act of the State of Illinois, as supplemented and amended (the "Act"), whenever revenue bonds have been authorized to be issued pursuant to the Code, the City may issue its general obligation bonds in lieu of such revenue bonds as authorized, and such general obligation bonds may be referred to as "alternate bonds"; and WHEREAS, for the purpose of providing funds to pay the costs of the Refunding and in accordance with the provisions of the Act, the Corporate Authorities, on the 10th day of October, 2006, adopted Ordinance No. 2006-135 (the "Authorizing Ordinance"), authorizing the issuance of Waterworks and Sewerage Revenue Bonds (the "Revenue Bonds"), as provided in the Code, in an amount not to exceed $6,000,000 or in lieu thereof, authorizing the issuance of General Obligation Bonds (Alternate Revenue Source) (the "Alternate Bonds"), as provided in the Act, in an aggregate principal amount not to exceed $6,000,000; and WHEREAS, on the 15th day of December, 2006, the Authorizing Ordinance, together with a separate notice in statutory form, was published in the Kendall County Record, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Authorizing Ordinance and said notice have heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, more than thirty (30) days have expired since the date of publication of the Authorizing Ordinance and said notice, and no petitions with the requisite number of valid signatures thereon have been filed with the City Clerk requesting that the question of the issuance of the Revenue Bonds or the Alternate Bonds be submitted to referendum; and WHEREAS, the Refunding constitutes a lawful corporate purpose within the meaning of the Act; and WHEREAS, the Corporate Authorities are now authorized to issue the Revenue Bonds to the amount of$6,000,000, or, in lieu thereof, the Alternate Bonds to the amount of$6,000,000 in -2- accordance with the provisions of the Act, and the Corporate Authorities hereby determine that it is necessary and desirable that there be issued at this time not to exceed $3,500,000 of the Alternate Bonds so authorized; and WHEREAS, the Alternate Bonds to be issued will be payable from the Pledged Revenues and the Pledged Taxes, both as hereinafter defined; and WHEREAS, the Alternate Bonds will be issued on a parity with the hereinafter defined 2004B Alternate Bonds and 2005C Alternate Bonds (collectively, the "Outstanding Alternate Bonds"), which were issued pursuant to Ordinance Numbers 2004-10 and 2005-73, adopted by the Corporate Authorities on February 24, 2004 and August 23, 2005, respectively (collectively, the "Outstanding Alternate Bond Ordinances"); and WHEREAS, the Corporate Authorities have heretofore and it is hereby determined that the Pledged Revenues will be sufficient to provide or pay in each year to final maturity of the Alternate Bonds all of the following: (1) Operation and Maintenance Expenses as hereinafter defined, but not including depreciation, (2) debt service on all outstanding revenue bonds, if any, payable from the Revenues, (3) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if any, payable from the Revenues, and (5) in each year, an amount not less than 1.25 times debt service of the Alternate Bonds proposed to be issued and the Outstanding Alternate Bonds; and WHEREAS, such determination of the sufficiency of the Pledged Revenues is supported by reference to the report dated the date hereof(the "Report"), of Speer Financial, Inc., Chicago, Illinois ("Speer"), which Report has been presented to and accepted by the Corporate Authorities and is now on file with the City Clerk; and WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue Notification Act of the State of Illinois, the Mayor of the City (the "Mayor"), on the 10th day of October, 2006, called a public hearing (the "Hearing") for the 24th day of October, 2006, -3- concerning the intent of the Corporate Authorities to sell not to exceed $6,000,000 General Obligation Bonds (Alternate Revenue Source); and WHEREAS, notice of the Hearing was given (i) by publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Hearing in the Kendall County Record, the same being a newspaper of general circulation in the City, and (ii) by posting at least 48 hours before the Hearing a copy of said notice at the principal office of the Corporate Authorities; and WHEREAS,the Hearing was opened on the 24th day of October, 2006, and adjourned until October 30, 2006; and WHEREAS, the Hearing was held on the 30th day of October, 2006, and at the Hearing, the Corporate Authorities explained the reasons for the proposed bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and WHEREAS, the Hearing was finally adjourned on the 30th day of October, 2006, and not less than seven(7) days have passed since the final adjournment of the Hearing; and WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as amended by Public Act 89-385 (the "Tax Limitation Law"), imposes certain limitations on the "aggregate extension" of certain property taxes levied by the City, but provides that the definition of"aggregate extension" contained in Section 18-185 of the Tax Limitation Law does not include "extensions . . . payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act;" and WHEREAS, the County Clerk of Kendall County, Illinois (the "County Clerk"), is therefore authorized to extend and collect said direct annual and valorem tax so levied for the payment of the Bonds for the Refunding, as alternate bonds, without limitation as to rate or amount: -4- Now THEREFORE Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Definitions. The following words and terms used in this ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: "Act" means the Local Government Debt Reform Act of the State of Illinois, as amended. "Additional Bonds" means any alternate bonds issued in the future in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Revenues with the Bonds and Outstanding Alternate Bonds. "Alternate Bond and Interest Subaccount" means the Alternate Bond and Interest Subaccount maintained hereunder and further described by Section 1 I of this Ordinance. "Bond" or "Bonds" means one or more, as applicable, of the not to exceed $3,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, authorized to be issued by this Ordinance. "Bond Fund" means the 2007A Alternate Bond Fund established hereunder and further described by Section 12 of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means The Bank of New York Trust Company, N.A., located in the City of Chicago, Illinois, or successor thereto or designated hereunder, in its respective capacities as bond registrar and paying agent. "City" means the United City of Yorkville, Kendall County, Illinois. "City Clerk" means the City Clerk of the City. "City Treasurer" means the Treasurer of the City. -5- "Code"means the Illinois Municipal Code, as supplemented and amended. "Corporate Authorities" means the City Council of the City. "Escrow Agent" means The Bank of New York Trust Company, N.A., Chicago, Illinois, a national banking association having trust powers, or a successor thereto or a successor designated as Escrow Agent hereunder. "Escrow Agreement" means the agreement by and between the City and the Escrow Agent as authorized in Section 13 hereof and set forth as Exhibit A. "Expense Fund" means the fund established hereunder and further described by Section 13 of this Ordinance. "Fiscal Year" means that twelve-calendar month period beginning on May 1 of the calendar year and ending on the next succeeding April 30. "Future Bond Ordinances"means the ordinances of the City authorizing the issuance of bonds payable from the Revenues, but not including the Outstanding Alternate Bond Ordinances, this Ordinance or any other ordinance authorizing the issuance of Additional Bonds. "IRC" means the Internal Revenue Code of 1986, as amended. "Mayor" means the Mayor of the City. "Operation and Maintenance Costs" means all costs of operating, maintaining and routine repair of the System, including wages, salaries, costs of materials and supplies, power, fuel, insurance, purchase of water and sewage treatment services (including all payments by the City pursuant to long term contracts for such services as and to the extent provided in such contracts); but excluding debt service, depreciation, or any reserve requirements; and otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. "Ordinance" means this Ordinance as originally adopted and as the same may from time to time be amended or supplemented in accordance with terms hereof. -6- "Outstanding" when used with reference to the Bonds, the Outstanding Alternate Bonds and Additional Bonds means such of those bonds which are outstanding and unpaid; provided, however, such term shall not include any of the Bonds, the Outstanding Alternate Bonds or Additional Bonds (i) which have matured and for which moneys are on deposit with proper paying agents or are otherwise sufficiently available to pay all principal thereof and interest thereon or(ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America, the principal of and interest on which will be sufficient to pay at maturity or as called for redemption all the principal of and interest on such Bonds, the Outstanding Alternate Bonds or Additional Bonds. "Outstanding Alternate Bonds" means, collectively, the 2004B Alternate Bonds and the 2005C Alternate Bonds. "Pledged Moneys" means, collectively, the Pledged Revenues and the Pledged Taxes. "PledgedRevenues" means (i)the moneys deposited to the credit of the Alternate Bond and Interest Subaccount within the Surplus Account of the Waterworks and Sewerage Fund, said Surplus Account consisting of the funds remaining in said Waterworks and Sewerage Fund after the required monthly deposits and credits have been made to the Operation and Maintenance Account, the Depreciation Account and any other accounts as may be created in the future, of said Waterworks and Sewage Fund, (ii) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future, and (iii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. -7- "Pledged Taxes" means the ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount, pledged hereunder by the City as security for the Bonds. ,,Revenues" means all income from whatever source derived from the System, including (i) investment income; (ii)connection, permit and inspection fees and the like; (iii) penalties and delinquency charges; (iv) capital development, reimbursement, or recovery charges and the like; (v) annexation or pre-annexation charges insofar as designated by the Corporate Authorities as paid for System connection or service; but excluding expressly (a) non-recurring income from the sale of property of the System; (b) governmental or other grants; (c) advances or grants made from the City; and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. "System" refers to all property, real, personal or otherwise owned or to be owned by the City or under the control of the City, and used for waterworks and sewerage purposes, including any and all further extensions, improvements and additions to the System. "Tax-exempt" means, with respect to the Bonds, the status of interest paid and received thereon as not includable in the gross income of the owners thereof under the IRC for federal income tax purposes except to the extent that such interest will be taken into account in computing an adjustment used in determining the alternative minimum tax for certain corporations. "Waterworks and Sewerage Fund" means the Waterworks and Sewerage Fund of the City created under the Outstanding Alternate Bond Ordinances and continued hereunder. "2004B Alternate Bonds" means the $3,500,000 original aggregate principal amount General Obligation Bonds (Alternate Revenue Source), Series 2004B; less any of said bonds that are no longer"Outstanding"hereunder. -8- "2005C Alternate Bonds means the $2,000,000 original aggregate principal amount General Obligation Bonds (Alternate Revenue Source), Series 2005C; less any of said bonds that are no longer"Outstanding"hereunder. Section 2. Incorporation of Preambles; Acceptance of Report. The Corporate Authorities hereby find that the recitals contained in the preambles to this Ordinance are true, correct and do hereby incorporate them into this Ordinance by this reference. The Report is hereby accepted and approved by the Corporate Authorities, and it is hereby found and determined that Speer is a feasibility analyst having a national reputation for expertise in such matters as the Report. Section 3. Determination to Issue Bonds; Useful Life. It is necessary and in the best interests of the City for the City to undertake the Refunding for the public health, safety and welfare, in accordance with the estimate of costs therefor as described, and to issue the Bonds to enable the City to pay the costs thereof. The useful life of the System is hereby determined to be not less than 25 years from the date hereof. - Section 4. Bond Details. For the purpose of providing for the payment of costs of the Refunding, there shall be issued and sold the Bonds in the aggregate principal amount of not to exceed $3,500,000 as set forth in the Bond Notification (as hereinafter defined). The Bonds shall each be designated "General Obligation Refunding Bond (Alternate Revenue Source), Series 2007A", or such other name or names or series designations as may be appropriate and as stated in the Bond Notification. The Bonds shall be dated the date of issuance therefore or as set forth in the Bond Notification, and shall also bear the date of authentication, shall be in fully registered form, shall be in denominations of$5,000 each or authorized integral multiples thereof(but no single Bond shall represent installments of principal maturing on more than one date), and shall be numbered 1 and upward, and shall become due and payable serially or be subject to mandatory redemption (subject to prior redemption as hereinafter described) on December 30 of -9- each of the years (not later than 2022), in the amounts not exceeding $1,000,000 per year and bearing interest at the rates per annum (not to exceed 9.00% per annum) as set forth in the Bond Notification. The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such interest(computed upon the basis of a 360-day year of twelve 30-day months) being payable semi-annually commencing with the first interest payment date as set forth in the Bond Notification. Interest on each Bond shall be paid by check or draft of The Bank of New York Trust Company, N.A., Chicago, Illinois, as bond registrar and paying agent (the "Bond Registrar"), payable upon presentation in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the 15th day of the month of any interest payment date. The principal of and premium, if any, on the Bonds shall be payable in lawful money of the United States of America at the principal corporate trust office of the.Bond Registrar. Section 5. Redemption. (a) Optional Redemption. The Bonds due on and after the date, if any, specified in the Bond Notification (but not earlier than December 30, 2015, and not later than December 30, 2018) shall be subject to redemption prior to maturity at the option of the City from any available funds, as a whole or in part, and if in part in integral multiples of $5,000 in any order of their maturity as determined by the City (less than all of the Bonds of a single series and maturity to be selected by the Bond Registrar), on the date specified in the Bond Notification(but not earlier than December 30, 2014, and not later than December 30, 2017), and on any date thereafter, at the redemption prices (expressed as a percentage of the principal amount redeemed and not to exceed 102%)plus accrued interest to the date fixed for redemption, if applicable, as set forth in the Bond Notification. -10- (b) Mandatory Redemption. The Bonds maturing on the date or dates, if any, indicated in the Bond Notification are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date on December 30 of the years, if any, and in the principal amounts, if any, as indicated in the Bond Notification. The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of such Bonds credited against future mandatory redemption requirements in such order of the mandatory redemption dates as the City may determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Bond Registrar may, and if directed by the Corporate Authorities shall, purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so purchased shall.be cancelled and the, principal amount thereof shall be credited against the mandatory redemption required on such next mandatory redemption date. (c) General Redemption Provisions. The City shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturities of Bonds to be redeemed. For purposes of any redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Bond Registrar for the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or$5,000 portion. -11- The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first-class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (1) the redemption date; (2) the redemption price; (3) if less than all of the Bonds of a single series and maturity are to be redeemed,. the identification (and, in the case of partial redemption of any Bonds, the respective principal amounts) of the Bonds to be redeemed; (4) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Bond Registrar. Prior to any redemption date, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. -12- Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear interest. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner, shall affect the sufficiency of such notice with respect to other Bonds. Notice having been properly given, failure of a registered owner to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by the registered owner entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The-procedure for payment of interest due on or prior to the redemption date shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity and bearing the same rate of interest in the amount of the unpaid principal. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium (if any) shall, until paid or duly provided for, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. -13- Section 6. Execution; Authentication. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested with the manual or facsimile signature of the City Clerk or duly authorized City Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 7. Registration of Bonds; Persons Treated as Owners; Global Book-Entry System. (a) General. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Upon surrender for transfer of any Bond at the principal corporate trust office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of -14- transfer in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount. Any fully registered Bond or Bonds may be exchanged at said principal corporate trust office of the Bond Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denominations. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond, provided, however, the principal amount of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the 15th day of the month of any interest payment date on such Bond and ending at the opening of business on such interest payment date nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen days next preceding mailing of a notice of redemption of any Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other -15- governmental charge that may be imposed in connection with any transfer or exchange of Bonds except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. (b) Global Book-Entry System. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds as provided in Section 4 hereof, and the ownership of each such Bond shall be registered in the Bond Register in the name of Cede & Co., or any successor thereto ("Cede"), as nominee of The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). All of the outstanding Bonds shall be registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter provided. The Mayor, the City Treasurer and City Clerk are hereby authorized to execute and deliver on behalf of the City such letters to or agreements with DTC and the Bond Registrar as shall be necessary to effectuate such _book-entry system (any such letter or agreement being referred to herein as the "Representation Letter"). With respect to the Bonds registered in the Bond Register in the name of Cede, as nominee of DTC, the City and the Bond Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which DTC holds Bonds from time to time as securities depository (each such broker-dealer, bank or other financial institution being referred to herein as a "DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Bond Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii)the payment to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any -16- amount with respect to principal of or interest on the Bonds. The City and the Bond Registrar may treat and consider the person in whose name each Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective registered owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown in the Bond Register, shall receive a Bond certificate evidencing the obligation of the City to makepayments of principal and interest with respect to any Bond. Upon delivery by DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede, the name "Cede" in this ordinance shall refer to such new nominee of DTC. In the event that (i) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (ii) the agreement among the City, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for any reason or (iii)the City determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC Participants of the availability through DTC of Bond certificates and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At the time, the City may determine that the Bonds shall be registered in the name of and deposited with such other depository operating a global book-entry system, as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate -17- global book-entry system, then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Section 7(a)hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 8. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth;provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend "See Reverse Side for Additional Provisions" shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. -18- [Form of Bond-Front Side] REGISTERED REGISTERED No. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION REFUNDING BOND (ALTERNATE REVENUE SOURCE) SERIES 2007A See Reverse Side for Additional Provisions Interest Maturity Dated Rate: Date: December 30, Date: , 2007 CUSIP: Registered Owner: CEDE&CO. Principal Amount: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for at the Interest Rate per annum identified above, such interest to be payable on , 2007, and semi-annually thereafter on June 30 and December 30 of each year until the Principal Amount is paid or duly provided for, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be and become applicable hereto. The -19- Principal Amount of and redemption premium, if any, on this Bond are payable in lawful money of the United States of America upon presentation at the principal corporate trust office of The Bank of New York Trust Company, N.A., Chicago, Illinois, as paying agent and bond registrar (the "Bond Registrar"). Payment of interest shall be made to the Registered Owner hereof as appearing on the Bond Register of the City maintained by the Bond Registrar at the close of business on the 15th day of the month of any interest payment date and shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been done and have happened and have been performed in regular and due form of law; that the indebtedness of the City, including the issue of Bonds of which this is one, does not exceed any limitation imposed by law; that provision has been made for the collection of the Pledged Revenues, the levy and collection of the Pledged Taxes, and the segregation of all Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Ordinance. FOR THE PROMPT PAYMENT OF THIS BOND, BOTH PRINCIPAL AND INTEREST AT MATURITY, THE FULL FAITH,CREDIT AND RESOURCES OF THE CITY ARE HEREBY IRREVOCABLY PLEDGED. -20- This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. -21- IN WITNESS WHEREOF the United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be executed with the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. Mayor United City of Yorkville Kendall County, Illinois ATTEST: City Clerk United City of Yorkville Kendall County, Illinois [SEAL] Date of Authentication: , CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described Bond Registrar and Paying Agent: in the within-mentioned Ordinance and is The Bank of New York Trust one of the General Obligation Refunding Company,N.A., Chicago, Illinois Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois. THE BANK OF NEW YORK TRUST COMPANY,N.A. as Bond Registrar By Authorized Officer -22- [Form of Bond - Reverse Side] UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS GENERAL OBLIGATION REFUNDING BOND (ALTERNATE REVENUE SOURCE SERIES 2007A This bond and the bonds of the series of which it forms a part ("Bond" and "Bonds" respectively) are of an authorized issue of Dollars ($ ,000) Bonds of like dated date and tenor except as to maturity, rate of interest, and privilege of redemption and are issued pursuant to the Local Government Debt Reform Act of the State of Illinois, as amended (the "Act"). The Bonds are also issued pursuant to Division 139 of Article 11 of the Illinois Municipal Code, as supplemented and amended (the "Code"), for the purpose of paying the costs of refunding the City's outstanding Debt Certificates, Series 2003. The Bonds are issued pursuant to an authorizing ordinance passed by the City Council of the City (the "Corporate Authorities") on the 10th day of October, 2006, and by a bond ordinance passed by the Corporate Authorities on the 23rd day of January, 2007 (the "Bond Ordinance"), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the Registered Owner by the acceptance of this Bond assents. Under the Code and the Bond Ordinance, the Revenues, as defined, from the operation of the System shall be deposited into the Waterworks and Sewerage Fund of the City which shall be used only and has been pledged for paying Operation and Maintenance Expenses, paying the principal of and interest on all bonds of the City that are payable by their terms from the revenues of the System, providing an adequate depreciation fund, and in making all payments required to maintain the accounts established under the Bond Ordinance. The City may issue future waterworks and sewerage revenue bonds, which bonds may have a prior lien on the -23- Revenues, or additional alternate bonds on a parity with the Bonds, in each case pursuant to the terms of the Bond Ordinance. The Bonds are payable from (a) (i) moneys to the credit of the Alternate Bond and Interest Subaccount within the Surplus Account of the Waterworks and Sewerage Fund (the "Pledged Revenues"), said Surplus Account consisting of the funds remaining in the Waterworks and Sewerage Fund after the required monthly deposits and credits have been made under the Bond Ordinance or future revenue bond ordinances to the various accounts of the Waterworks and Sewerage Fund, (ii) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future, and (iii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the "Pledged Taxes") (the Pledged Revenues and the Pledged Taxes being collectively called the "Pledged Moneys"), all in accordance with the provisions of the Act and the Municipal Code. The Bonds are issued on a parity with the City's currently outstanding General Obligation Bonds (Alternate Revenue Source), Series 2004B, and General Obligation Bonds (Alternate Revenue Series), Series 2005C. Under the Act and the Bond Ordinance, the Pledged Revenues shall be deposited into and segregated in the Alternate Bond and Interest Subaccount of the Surplus Account, and the Pledged Taxes shall be deposited into and segregated in the 2007A Alternate Bond Fund, each as created or continued by the Bond Ordinance. Moneys on deposit in said Subaccount and said Fund shall be used first and are pledged for paying the principal of and interest on the Bonds and then for any further purposes as provided by the terms of the Bond Ordinance. -24- This Bond does not and will not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall have been paid from the Pledged Revenues for a complete Fiscal Year. This Bond is subject to provisions relating to registration, transfer, and exchange; redemption and notice and procedure for redemption; and such other terms and provisions relating to security and payment as are set forth in the Bond Ordinance; to which reference is hereby expressly made; and to all the terms of which the registered owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof, premium, if any, hereon and interest due hereon and for all other purposes; and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. -25- Dated: Signature Guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. -26- Section 9. Sale of the Bonds. The Mayor and the Finance Director of the City (the "Designated Representatives") are hereby authorized to proceed not later than March 1, 2007, without any further authorization or direction from the Corporate Authorities, to sell and deliver the Bonds upon the terms as prescribed in this Ordinance. The Bonds hereby authorized shall be executed as in this Ordinance provided as soon after the delivery of the Bond Notification as may be, and thereupon be deposited with the City Treasurer, and, after authentication thereof by the Bond Registrar, be by said Treasurer delivered to LaSalle Financial Services, Inc., Chicago, Illinois, the purchaser thereof(the "Purchaser"), upon receipt of the purchase price therefor, the same being not less than 98% of the principal amount of the Bonds plus accrued interest to date of delivery; provided, however, that (a) Speer Financial, Inc., the City's financial advisor, provides advice (in the form of a written certificate) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the Bonds; (b) the net present value savings derived from the refunding of the Refunded Bonds, as certified by the Purchaser, shall not be less than 2.00 percent of the Refunded Bonds; and (c) the other terms and limitations of this Ordinance shall be met. Upon the sale of the Bonds, the Designated Representatives shall prepare a Notification of Sale of the Bonds, which shall include the pertinent details of sale as provided herein (the "Bond Notification"). In the Bond Notification, the Designated Representatives shall find and determine that the Bonds have been sold at such price and bear interest at such rates that neither the true interest cost (yield) nor the net interest rate received upon the sale of the Bonds exceed the maximum rate otherwise authorized by applicable law. The Bond Notification shall be entered into the records of the City and made available to the Corporate Authorities at the next regular meeting thereof, but such action shall be for information purposes only, and the Corporate Authorities shall have no right or authority at such time to approve or reject such sale as evidenced in the Bond Notification. -27- Upon the sale of the Bonds, as evidenced by the execution and delivery of the Bond Notification by the Designated Representatives, the Mayor, City Clerk and City Treasurer and any other officers of the City, as shall be appropriate, shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds as may be necessary, including, without limitation, the contract for the sale of the Bonds between the City and the Purchaser (the "Purchase Contract"). Prior to the execution and delivery of the Purchase Contract, the Designated Representatives shall find and determine that no person holding any office of the City either by election or appointment, is in any manner financially interested directly in his own name or indirectly in the name of any other person, association, trust or corporation, in the Purchase Contract. The use by the Purchaser of any Preliminary Official Statement and any final Official Statement relating to the Bonds (the "Official Statement") is hereby ratified, approved and authorized; the execution and delivery of the Official Statement is hereby authorized; and the officers of the Corporate Authorities are hereby authorized to take any action as may be required on the part of the District to consummate the transactions contemplated by the Purchase Contract, this Ordinance, said Preliminary Official Statement, the Official Statement and the Bonds. Section 10. Treatment of Bonds As Debt. The Bonds shall be payable from the Pledged Moneys and do not and shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, as set forth in Section 14 hereof, in which case the amount of the Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds have been paid from the Pledged Revenues for a complete Fiscal Year in accordance with the Act. -28- Section 11. Continuation of Waterworks and Sewerage Fund and Accounts; Flow of Funds. Upon the issuance of any of the Bonds, the System shall continue to be operated on a Fiscal Year basis. All of the Revenues shall be set aside as collected and be deposited into that certain separate fund and in an account in a bank designated by the Corporate Authorities, which fund has heretofore been created and designated as the "Waterworks and Sewerage Fund" of the City and is expressly continued hereunder, and which fund shall constitute a trust fund for the sole purpose of carrying out the covenants, terms, and conditions of the Outstanding Alternate Bond Ordinances, this Ordinance and any Future Bond Ordinances. There shall be and there are hereby continued separate accounts in the Waterworks and Sewerage Fund to be known as the "Operation and Maintenance Account," such other accounts as may be established under any Future Bond Ordinances, the "Depreciation Account," and the "Surplus Account,"to which there shall be credited on or before the first day of each month by the financial officer of the City, without any further official action or direction, in the order in which said accounts are hereinafter mentioned, all moneys held in the Fund, in accordance with the following provisions: (a) Operation and Maintenance Account: There shall be credited to or retained in the Operation and Maintenance Account an amount sufficient, when added to the amount then on deposit in said Account, to establish or maintain a balance to an amount not less than the amount considered necessary to pay Operation and Maintenance Costs for the then current month. (b) Accounts Created Pursuant to Future Bond Ordinances: Future Bond Ordinances may create additional accounts in the Fund for the payment and security of waterworks and sewerage revenue bonds that hereafter may be issued by the City. Amounts in the Fund shall be credited to and transferred from said accounts in accordance with the terms of the Future Bond Ordinances. (c) Depreciation Account: Beginning the month after the delivery of the Bonds, there shall be credited to the Depreciation Account and held, in cash and investments, such sum as the -29- Corporate Authorities may deem necessary in order to provide an adequate depreciation fund for the System. In Future Bond Ordinances, the City may covenant to make specific monthly deposits to said Depreciation Account and to accumulate funds therein. Amounts to the credit of said Depreciation Account shall be used for (i) the payment of the cost of extraordinary maintenance, necessary repairs and replacements, or contingencies, the payment for which no other funds are available, in order that the System may at all times be able to render efficient service, (ii) for the purpose of acquiring or constructing improvements and extensions to the System, and (iii) the payment of principal of or interest and applicable premium on any Outstanding Bonds at any time when there are no other funds available for that purpose in order to prevent a default. Future Bond Ordinances may provide for additional deposits to said Depreciation Account and additional uses and transfers of the funds on deposit in said Depreciation Account. (d) Surplus Account: All moneys remaining in the Fund, after crediting the required amounts to the respective accounts hereinabove provided for, and after making up any deficiency in said accounts, shall be credited to the Surplus Account. Funds in the Surplus Account shall first be used to make up any subsequent deficiencies in any of said accounts and then shall be deposited to a separate and segregated account hereby created and designated the "Alternate Bond and Interest Subaccount of the Surplus Account" (the "Alternate Bond and Interest Subaccount"), as follows: A. Upon the delivery of any of the Bonds, there shall be paid into the Alternate Bond and Interest Subaccount in each month after the required payments have been made into the Accounts above described, a fractional amount of the interest becoming due on the next succeeding interest payment date on all Outstanding Bonds and Outstanding Alternate Bonds and a fractional amount of the principal becoming due on the next succeeding principal maturity date of all Outstanding Bonds and Outstanding Alternate Bonds and until there shall have been accumulated in the Alternate Bond and Interest Subaccount on or before the month preceding such maturity date of interest or principal, an amount sufficient to pay such principal or interest, or both, of all Outstanding Bonds and Outstanding Alternate Bonds. B. In computing the fractional amount to be set aside each month in said Alternate Bond and Interest Subaccount, the fraction shall be so computed that sufficient funds will be set aside in said Subaccount and will be available for the prompt payment of such principal of and interest on all Outstanding Bonds and Outstanding Alternate Bonds as the same will become due and shall be not less than one-sixth of the interest becoming due on the next succeeding interest payment date and not less than one-twelve of the principal becoming due on the next succeeding principal payment date on all Outstanding Bonds and -30- Outstanding Alternate Bonds until there is sufficient money in said Subaccount to pay such principal or interest or both. C. Credits to the Alternate Bond and Interest Subaccount may be suspended in any Fiscal Year at such time as there shall be a sufficient sum, held in cash and investments, in said Subaccount to meet principal and interest requirements in said Subaccount for the balance of such Fiscal Year, but such credits shall be resumed at the beginning of the next Fiscal Year. D. All moneys in said Subaccount shall be used only for the purpose of paying interest on and principal of Outstanding Bonds, Outstanding Alternate Bonds and Additional Bonds. E. The portion of the Pledged Revenues not constituting Revenues, namely, (i) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future, and (ii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose, shall also be deposited in the Alternate Bond and Interest Subaccount from time to time, as necessary to provide for payment of the principal of and interest on the Bonds. F. Any funds remaining in the Surplus Account after the making the aforesaid deposits to the credit of the Alternate Bond and Interest Subaccount, at the discretion of the Corporate Authorities shall be used for the purpose of paying debt service in connection with those certain loan agreements with the State of Illinois, acting through the Illinois Environmental Protection Agency, and then for any purpose enumerated in any Future Bond Ordinance or for any other lawful System purpose. Moneys to the credit of the Waterworks and Sewerage Fund may be invested pursuant to any authorization granted to municipal corporations by Illinois statute or court decision. Section 12. 2007A Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held separate and apart from all other funds and accounts of the City and shall be known as the "2007A Alternate Bond Fund" (the "Bond Fund"). The purpose of the Bond Fund is to provide a fund to receive and disburse the Pledged Taxes for any (or all) of the Bonds. All payments made with respect to the Bonds from the Pledged Revenues shall be made directly from the Alternate Bond and Interest Subaccount of the Waterworks and Sewerage -31- Fund. The Bond Fund constitutes a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. Any Pledged Taxes received by the City shall promptly be deposited into the Bond Fund. Pledged Taxes on deposit to the credit of the Bond Fund shall be fully spent to pay the principal of and interest and premium, if any, on the Bonds prior to use of any moneys on deposit in the Alternate Bond and Interest Subaccount. Section 13, Use of Bond Proceeds. The proceeds derived from the sale of the Bonds shall be used as follows: A. Accrued interest, if any, received by the City upon the sale of the Bonds shall be remitted by the City Treasurer for deposit into the Alternate Bond and Interest Subaccount and be used to pay first interest coming due on the Bonds or be deposited into the Escrow Account as set forth in the Escrow Agreement. B. The City shall then allocate from the Bond proceeds the sum necessary for expenses incurred in the issuance of the Bonds which shall be deposited into an"Expense Fund" to be maintained by the City Treasurer and disbursed for such issuance expenses from time to time in accordance with usual City procedures for the disbursement of funds, which disbursements are hereby expressly authorized. Moneys not disbursed from the Expense Fund within 6 months shall be transferred by the City for deposit in the Alternate Bond and Interest Subaccount, and any deficiencies in the Expense Fund shall be paid by disbursement from the Alternate Bond and Interest Subaccount. C. The sum of principal proceeds of the Bonds as is necessary, together with such money in the debt service funds for the Refunded Obligations as may be advisable for the purpose, shall be used to provide for the Refunding, and the payment of such expenses as may be designated, pursuant to the provisions of the Escrow Agreement with the Escrow Agent, all in accordance with the provisions of an Escrow Agreement, -32- substantially in the form attached hereto as Exhibit A to this Ordinance, made a part hereof by this reference, and hereby approved; the officers appearing signatory to such Escrow Agreement are hereby authorized and directed to execute same, their execution to constitute conclusive proof of action in accordance with this Ordinance, and approval of all completions or revisions necessary or appropriate to effect the Refunding. The City expressly authorizes the use of the Government Obligations as set forth in the Escrow Account as set forth in the Escrow Agreement. Section 14. Pledged Taxes; Tax Levy. For the purpose of providing additional funds to pay the principal of and interest on the Bonds, and as provided in Section 15 of the Act, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are Outstanding, a direct annual tax in amounts sufficient for that purpose, and there be and there hereby is levied upon all of the taxable property in the City the following direct annual taxes (the "Pledged Taxes"): FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE SUM OF: 2007 $1,000,000 for principal and interest up to and including December 30, 2008 2008 $1,000,000 for principal and interest 2009 $1,000,000 for principal and interest 2010 $1,000,000 for principal and interest 2011 $1,000,000 for principal and interest 2012 $1,000,000 for principal and interest 2013 $1,000,000 for principal and interest 2014 $1,000,000 for principal and interest 2015 $1,000,000 for principal and interest 2016 $1,000,000 for principal and interest 2017 $1,000,000 for principal and interest 2018 $1,000,000 for principal and interest 2019 $1,000,000 for principal and interest 2020 $1,000,000 for principal and interest 2021 $1,000,000 for principal and interest Interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Moneys to pay the same shall be paid promptly when due from current funds -33- on hand in advance of the collection of the Pledged Moneys herein pledged and levied; and when the Pledged Moneys shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and the owners of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to collect the Pledged Revenues or to levy and collect the Pledged Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Revenues will be available and that the Pledged Taxes will be levied, extended and collected as provided herein and deposited in the Bond Fund. To the extent that the taxes levied above exceed the amount necessary to pay debt service on the Bonds as set forth in the Bond Notification, the Mayor, City Clerk and City Treasurer are hereby authorized to direct the abatement of such taxes to the extent of the excess of such levy in the year over the amount of debt service payable on the Bonds in the year in which such taxes are collectible. Proper notice of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. Section 15. Filing with County Clerk. After this Ordinance becomes effective, a copy hereof, certified by the City Clerk or duly authorized City Clerk, shall be filed with the County Clerk. The County Clerk shall in and for each of the years required ascertain the rate percent required to produce the aggregate Pledged Taxes hereinbefore provided to be levied in each of said years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and the County Clerk, or other appropriate officer or designee, shall remit the Pledged Taxes for deposit to the credit of the Bond Fund, and in said years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in like manner as taxes for -34- general municipal purposes of the City for said years are levied and collected, and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used only for the purpose of paying principal of and interest on the Bonds. Section 16. Abatement of Pledged Taxes. As provided in the Act, whenever the Pledged Revenues shall have been determined by the City Treasurer to provide in any calendar year an amount not less that 1.25 times debt service of all Bonds in the next succeeding bond year (June 30 and December 30), and whenever monies have been deposited to the credit of the Alternate Bond and Interest Subaccount in an amount sufficient to pay debt service on all outstanding Bonds in the next succeeding bond year(other than for the debt service on the Bonds due on June 30 and December 30, 2007), the City Treasurer shall, prior to the time the Pledged Taxes levied in such calendar year are extended, direct the abatement of the Pledged Taxes, and proper notification of such abatement shall be_filed with the County Clerk in a timely manner to effect such abatement. Section 17. General Covenants. The City covenants and agrees with the registered owners of the Bonds that, so long as any Bonds remain Outstanding: A. The City hereby pledges the Pledged Revenues to the payment of the Bonds, and the Corporate Authorities covenants and agrees to provide for, collect and apply the Pledged Revenues to the payment of the Outstanding Alternate Bonds and the Bonds, and the provision of not less than an additional 0.25 times debt service on the Outstanding Alternate Bonds and the Bonds, all in accordance with Section 15 of the Act. B. The City will punctually pay or cause to be paid from the Alternate Bond and Interest Subaccount and from the Bond Fund the principal of, interest on and premium, if any, to become due in respect to the Bonds in strict conformity with the terms of the Bonds and this Ordinance, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. -35- C. The City will pay and discharge, or cause to be paid and discharged, from the Alternate Bond and Interest Subaccount and the Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Revenues or Pledged Taxes, or any part thereof, or upon any funds in the hands of the Bond Registrar, or which might impair the security of the Bonds. Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. D. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, the Pledged Revenues, related Pledged Taxes, the Alternate Bond and Interest Subaccount and the Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten percent (10%) of the principal amount of the Outstanding Bonds or their representatives authorized in writing. E. The City will preserve and protect the security of the Bonds and the rights of the registered owners of the Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Bonds by the City,the Bonds shall be incontestable by the City. F. The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, the Outstanding Alternate Bond Ordinances and this Ordinance, and for the better assuring and confirming unto the registered owners of the Bonds of the rights and benefits provided in this Ordinance. G. As long as any Bonds are Outstanding, the City will continue to deposit monies to the Alternate Bond and Interest Subaccount and, if necessary, the Pledged -36- Taxes to the Bond Fund. The City covenants and agrees with the purchasers of the Bonds and with the registered owners thereof that so long as any Bonds remain Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Pledged Taxes and to collect and to segregate the Pledged Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Taxes can be levied and extended and that the Pledged Revenues and the Pledged Taxes may be collected and deposited to the Alternate Bond and Interest Subaccount and the Bond Fund, respectively, as provided herein. H. Once issued, the Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Revenues, from the levy of the Pledged Taxes as provided in the Act. I. The City will maintain the System in good repair and working order, will operate the same efficiently and faithfully, and will punctually perform all duties with respect thereto required by the Constitution and laws of the State of Illinois and the United States of America. J. The City will establish and maintain at all times reasonable fees, charges, and rates for the use and service of the System and will provide for the collection thereof and the segregation and application of the Revenues in the manner provided by this Ordinance, sufficient at all times to pay Operation and Maintenance Costs, to provide an adequate depreciation fund, to pay the principal of and interest on all revenue bonds of the City which by their terms are payable solely from the Revenues, and to provide for the creation and maintenance and funding of the respective accounts as provided in Section 11 of this Ordinance; it is hereby expressly provided that the pledge and -37- establishment of rates or charges for use of the System shall constitute a continuing obligation of the City with respect to such establishment and a continuing appropriation of the amounts received. K. There shall be charged against all users of the System, including the City, such rates and amounts for water and sewerage services as shall be adequate to meet the requirements of this section. Charges for services rendered the City shall be made against the City, and payment for the same shall be made monthly from the corporate funds into the Waterworks and Sewerage Fund as revenues derived from the operation of the System. L. The City will make and keep proper books and accounts (separate and apart from all other records and accounts of said City), in which complete entries shall be made of all transactions relating to the System, and hereby covenants that within 180 days following the close of each Fiscal Year, it will cause the books and accounts of the System to be audited by independent certified public accountants. Said audit will be available for inspection by the holders of any of the Bonds. Each such audit, in addition to whatever matters may be thought proper by the accountants to be included therein, shall, without limiting the generality of the foregoing, include the following: 1. A statement in detail of income and expenditures of the System for such Fiscal Year. 2. A balance sheet as of the end of such Fiscal Year, including a statement of the amount held in each of the accounts of the Waterworks and Sewerage Fund. 3. A list of all insurance policies in force at the end of the Fiscal Year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer, and the expiration date of the policy, and any amounts held as self- insurance reserves. 4. The number of sewer customers served by the System at the end of the year and the quantity of sewage treated, the number of metered water -38- customers and the number of unmetered water customers at the end of the year, the quantity of water pumped and the quantity of water billed. 5. Changes in the cost of purchased water or sewer services during such Fiscal Year. 6. A summary of rates in effect at the end of such Fiscal Year for services of the System and any changes in such rates effective during such Fiscal Year. 7. The amount and details of all future revenue bonds, Outstanding Bonds, Outstanding Prior Alternate Bonds, and Outstanding Additional Bonds. In connection with said audit, the accountant shall deliver a letter or statement regarding the manner in which the City has carried out the requirements of this Ordinance, and the accountant's recommendations for any changes or improvements in the financial operation of the System. All expenses of the audit required by this section shall be regarded and paid as Operation and Maintenance Costs. Section 18. Future Revenue Bonds, Additional Bonds and Subordinate Bonds. The City reserves the right to issue without limit bonds payable solely and only from the Revenues, which bonds may have a lien on the Revenues prior to the lien on the Pledged Revenues that secures the Outstanding Bonds and the Outstanding Alternate Bonds, provided that upon the issuance of such bonds, the City shall be able to demonstrate in the same manner as provided by the Act, as the Act is written at this time, that at such time all Outstanding Bonds and Outstanding Alternate Bonds could then be issued as if not then having previously been issued; that is, that the requirements of the Act for the issuance of alternate bonds payable from the Revenues shall have been met on such date for all Outstanding Bonds and Outstanding alternate Bonds. The City also reserves the right to issue Additional Bonds from time to time payable from the Pledged Revenues, and any such Additional Bonds shall share ratably and equally in the -39- Pledged Revenues with the Bonds;provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time. The City also reserves the right to issue revenue bonds from time to time payable from the Revenues that are subordinate to the Outstanding Alternate Bonds and Bonds or Additional Bonds and are payable from the money remaining in the Surplus Account continued hereunder after making required deposits into the Alternate Bond and Interest Subaccount. Section 19. Defeasance. Bonds which are no longer Outstanding Bonds as defined in this Ordinance shall cease to have any lien on or right to receive or be paid from Pledged Revenues or the Pledged Taxes, and shall no longer have the benefits of any covenant for the registered owners of Outstanding Bonds as set forth herein as such relates to lien and security for the Bonds in the Pledged Revenues or the Pledged Taxes. Section 20. This Ordinance a Contract. The provisions of this Ordinance shall constitute a contract between the City and the registered owners of the Bonds, and no changes, additions or alterations of any kind shall be made hereto, except as herein provided. Section 21. Call of the Refunded Obligations. In accordance with the redemption provisions of the ordinance authorizing the issuance of the Refunded Obligations, the City by the Corporate Authorities does hereby make provision for the payment of and does.hereby call (subject only to the delivery of the Bonds) the Refunded Obligations for redemption and payment prior to maturity on their earliest possible call date, at the redemption price equal to 100% of the principal amount of the Refunded Obligations being redeemed, plus accrued interest to the date of redemption. Section 22. Bond Registrar Covenants. If requested by the Bond Registrar, the Mayor and City Clerk are authorized to execute the Bond Registrar's standard form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond -40- Registrar hereunder. Subject to modification by the express terms of any such agreement, such duties shall include the following: (a) to act as bond registrar, authenticating agent, paying agent and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to give notice of redemption of Bonds as provided herein; (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Bonds paid, Outstanding Bonds and payments made with respect to interest on the Bonds. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 23. Non-Arbitrage and Tax-Exemption. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if taking, permitting or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the IRC, or would otherwise cause the interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bonds, under present rules, the City is treated as the "taxpayer" in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. -41- The City also agrees and covenants with the purchasers and holders of the Bonds from time to time outstanding that, to the extent possible under Illinois law, it will comply with whatever federal tax law is adopted in the future which applies to the Bonds and affects the tax- exempt status of the Bonds. The Corporate Authorities hereby authorize the officials of the City responsible for issuing the Bonds, the same being the Mayor, City Clerk and City Treasurer to make such further covenants and certifications as may be necessary to assure that the use thereof will not cause the Bonds to be arbitrage bonds and to assure that the interest on the Bonds will be exempt from federal income taxation. In connection therewith, the City and the Corporate Authorities further agree: (a) through their officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b)to consult with counsel approving the Bonds and to comply with such advice as may be given; (c)to pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (d)to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by their officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 24. Registered Form. The City recognizes that IRC Section 149 requires the Bonds to be issued and to remain in fully registered form in order for the interest thereon to be and remain Tax-Exempt. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 25. Municipal Bond Insurance. In the event the payment of principal of and interest on the Bonds is insured pursuant to a municipal bond insurance policy (a "Municipal Bond Insurance Policy") issued by a bond insurer (a "Bond Insurer"), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond -42- Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of the Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding Bonds, amendment hereof, or other terms, as approved by the Mayor on advice of counsel, his approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this section. Section 26. Continuing Disclosure Undertaking. The Mayor or City Treasurer is hereby authorized, empowered and directed to execute and deliver the Continuing Disclosure Undertaking (the "Continuing Disclosure Undertaking") in substantially the same form as now before the Corporate Authorities, or with such changes therein as the individual executing the Continuing Disclosure Undertaking on behalf of the City shall approve, the official's execution thereof to constitute conclusive evidence of the approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees and agents of the City, and the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 27. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. -43- Section 28. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 29. Effective Date. This Ordinance shall be effective immediately. ADOPTED by the City Council on the 23rd day of January, 2007, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS JASON LESLIE JIM BOCK VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 23rd day of January, 2007. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 23rd day of January, 2007. Attest: CITY CLERK -44- EXHIBIT A ESCROW AGREEMENT -45- Alderman moved and Alderman seconded the motion that said ordinance as presented and read by title by the City Clerk be adopted. After a full and complete discussion thereof, including a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance as read. Upon the roll being called, the following Aldermen voted AYE: NAY: ABSENT: Whereupon the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting and did direct the City Clerk to record the same in full in the records of the City Council of the City. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded, the meeting was adjourned. City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the "City"), and as such officer I am the keeper of the books, records, files, and journal of proceedings of the City and of the City Council (the "Corporate Authorities")thereof. I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the legally convened meeting of the Corporate Authorities held on the 23rd day of January, 2007, insofar as same relates to the adoption of an ordinance numbered and entitled: AN ORDINANCE authorizing and providing for the issue of not to exceed $3,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois, for the purpose of refunding a portion of the City's outstanding Debt Certificates, Series 2003, prescribing the details of said bonds, and providing for the imposition of taxes to pay the same, and for the collection, segregation and application of the waterworks and sewerage system revenues to pay said Bonds. a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were taken openly; that the vote on the adoption of said ordinance was taken openly; that said meeting was held at a specified time and place convenient to the public; that notice of said meeting was duly given to all of the news media requesting such notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 96 hours in advance of the holding of said meeting, that said agenda contained a separate specific item concerning the proposed adoption of said ordinance, a true, correct and complete copy of said agenda as so posted being attached to this certificate as Exhibit A, that said meeting was called and held in strict accordance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and that the Corporate Authorities have complied with all of the applicable provisions of said Act and their procedural rules in the adoption of said ordinance. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the seal of the City this 23rd day of January, 2007. City Clerk [SEAL] -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois (the "County"), and as such officer I do hereby certify that on the day of , 2007 there was filed in my office a duly certified copy of an ordinance, numbered and entitled: AN ORDINANCE authorizing and providing for the issue of not to exceed $3,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois, for the purpose of refunding a portion of the City's outstanding Debt Certificates, Series 2003, prescribing the details of said bonds, and providing for the imposition of taxes to pay the same, and for the collection, segregation and application of the waterworks and sewerage system revenues to pay said Bonds. passed by the City Council of the United City of Yorkville, Kendall County, Illinois, on the 23rd day of January, 2007, and approved by the Mayor of said City, and that the same has been deposited in the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of the County this day of , 2007. County Clerk of The County of Kendall, Illinois [SEAL] SAMPLE FORM OF ANNUAL ABATEMENT ORDINANCE ORDINANCE NO. ORDrNANCE abating the tax hereto levied for the year to pay the principal of and interest on $ ,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois. WHEREAS the City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois (the "City"), by Ordinance Number , adopted on the 23rd day of January, 2007 (the "Ordinance"), did provide for the issue of not to exeed $3,500,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A (the "Bonds"), and the levy of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and WHEREAS the City will have the Pledged Revenues (as defined in the Ordinance) in the appropriate account or fund pursuant to the Ordinance for the purpose of paying the principal of and interest on the Bonds up to and including ; and WHEREAS it is necessary and in the best interests of a the City that the tax heretofore levied for the year to pay the principal of and interest on the Bonds be abated; Now THEREFORE Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Abatement of Tax. The tax heretofore levied for the year in the Ordinance is hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk shall file a certified copy hereof with the County Clerk of The County of Kendall, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year in accordance with the provisions hereof. Section 3. Effective Date. This ordinance shall be in full force and effect forthwith upon its passage by the Corporate Authorities and signing and approval by the Mayor. Passed by the City Council on , Approved , Mayor AYES: NAYS: ABSENT: Recorded in the City Records on , ATTEST: City Clerk -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois, and as such official I do further certify that on the day of , there was filed in my office a duly certified copy of Ordinance No. , entitled: ORDINANCE abating the tax hereto levied for the year to pay the principal of and interest on $ ,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, of the United City of Yorkville, Kendall County, Illinois. (the "Ordinance") duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), on the day of , and that the same has been deposited in the official files and records of my office. I do further certify that the taxes heretofore levied for the year for the payment of the City's $ ,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2007A, as described in the Ordinance will be abated in their entirety as provided in the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County this day of , County Clerk [SEAL] `Al CITY Reviewed By: J2 i 0 City Council Le a gal ❑ Finance ❑ EST. , 1836 Engineer ❑ City Administrator ❑ Agenda Item Tracking Number 20 Consultant ❑ EbG a0c4l, ' 3 CE Human Resources ❑ City Council Agenda Item Summary Memo Title: Raymond Regional Outfall Funding Update— Shortfall City Council/COW/Committee Agenda Date: January 16, 2007 , cc Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: c'T o United City of Yorkville Memo 800 Game Farm Road EST 1` :,ens Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: January 10, 2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk Subject: Raymond Regional Storm Water Outfall Construction/Funding Update Construction of the Raging Waves Waterpark, (as well as ongoing development of the Bristol Bay,Westbury and Caledonia residential developments) make it imperative that the Raymond Regional Storm Water Outfall be constructed immediately. The high water table, which will be remedied by the Outfall is causing particular, delay and cost to Raging Waves. Raging Waves has announced an anticipated opening date of Memorial Day Weekend. Staff is concerned that the City may be blamed if the opening is delayed because the Raymond Outfall has not been constructed on time. As you are aware, the City has entered into agreement with James Ratos, Ocean Atlantic, Wyndham Deerpoint (July 25,2006) and Centex(December 26,2006)to for funding and construction of the Raymond Regional Stormwater Facility outfall. The City has received a bid from, and will enter into contract with,Wheaton Trenching to perform the outfall construction work totaling$1,188,114.25. In addition to the construction cost for the outfall, construction engineering services are estimated at$35,000 for the project totaling $1,223,114.25. Mr. Ratos and Wyndham Deerpoint have paid their portion. The Centex payment is not due until the end of February, however, staff does not anticipate any difficulty in collecting that paymnent. This leaves Ocean Atlantic. The City's request made October 2,2006 with reminders sent November 3, 2006 and November 27, 2006 to Ocean Atlantic (OA)have not been answered and the required $500,000 contribution from OA has not been received. Staff recommends City Council consider funding the improvement with reserve funds to make up for the $500,000 that Ocean Atlantic has not paid. This will avoid delay while the City waits for the remaining the Ocean Atlantic payment and/or uses seeks litigation to collect the amount. Freeborn br Peters LLP Via E-mail and U.S. Mail January 17, 2007 AttomeysatIaw Mayor Art Prochaska 311 South Wacker Drive United City of Yorkville Suite 3000 800 Game Farm Road Chicago,Illinois Yorkville, IL, 60560 60606-6677 Tel 312.360.6000 Re: Raymond Outfall Payment—Ocean Atlantic David S.Warner Partner Dear Mayor Prochaska: Direct 312.360.6586 Fax 312.360.6574 Thank you for taking time last night with the Council to go through our development dwarner@ plans for the Westbury Extension. I hope we moved closer to resolving the freebornpeters.com remaining issues and I look forward to seeing you again next month. Thank you also for bringing the urgency of the Raymond Outfall payment to our C6lc890 attention. As requested, this letter shall serve as written confirmation that my client, Ocean Atlantic/PFG-Westbury, LLC, will deliver a check to the Village in the full Springfield amount of the outstanding balance due under the Raymond Outfall Improvement Agreement, equal to five hundred thousand dollars and no cents ($500,000), on or before Tuesday, January 30, 2007. Should you have any further questions please do not hesitate to call or write. Best regards, David S. Warner Cc: Patrick J. Hughes, Esq., Ocean Atlantic (via e-mail) Cc: Joe Wyrot, City Engineer(via e-mail) #1267262v1 Reviewed By: J� �► Legal ❑ City Council EST 1836 Finance ❑ � �i Engineer ❑ t� City Administrator ❑ Agenda Item Tracking Number Consultant ❑ PC 2006-8q 4 PC 5 Human Resources ❑ City Council Agenda Item Summary Memo Title: Edward Health Ventures—Annexation Agreement and Concept PUD Plan City Council/COW/Committee Agenda Date: January 16,2007 CC l la 7, Synopsis: Council Action Previously Taken: Date of Action: December 19,2006 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Approval Annexation Agreement and Concept PUD Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ,r 1D o United City of Yorkville Memo 800 Game Fann Road EST. 1 1836 Yorkville, Illinois 60560 42 Telephone: 630-553-8545 +� Fax: 630-553-3436 <C E Date: January 18,2007 To: Mayor and City Council From: Travis Miller, Community Development Director Cc: Lisa Pickering,Deputy Clerk(for distribution to petitioner) Subject: Edward Amended PUD Agreement and Concept Plan Request: Concept PUD Background: • Plan Commission reviewed the request for Concept PUD plan approval November 8,2006 and motion to recommend approval of Concept PUD with preservation of wooded area of the property- 5 yes; 0 no; 1 abstaining • Public Hearing was held December 19,2006 by City Council • January 16, 2007 EDC/COW discussion Annexation Agreement Comments The petitioner has submitted a revised Annexation Agreement based on comments and input from EDC/COW meeting January 16,2007. Included in your packet is a `marked- up' copy showing changes since 1/16 and a final proposed copy. Staff Recommendations: Tree Preservation: 1. Staff recommends modifying the concept plan to depict proposed residential portion of the western portion of the property in"bubble" form. a. This area includes a+/- 15 acre wooded area including specimen vegetation. Until a tree survey is completed and the current condition of the wooded area is more accurately known it is inappropriate to contemplate lot configurations and future street alignments. As stated in the agreement,these elements should be designed to be as sensitive as possible to the unique vegetative resource. 2. Staff recommends allowing a maximum number of residential units within the residential area consistent with the guidelines/requirements described by Zoning Ordinance Chapter 13 PUD regulations. Staff further recommends 30 units, as proposed by the petitioner, is appropriate based on the following 1 a. The Comprehensive Plan recommends Suburban Neighborhood use for this area which is defined with a density range of 1.5-2.25 units per acre. The wooded area consists of approximately 15 acres and could yield 22.5 to 33.75 units per acre and be consistent with the Comprehensive Plan. 2 units per acre yields 30 units. 3. Staff recommends removing item C.c from the agreement. This provision causes the expiration of the City's right to offer to purchase the"wooded parcel" 365 days following the agreement date. This is an arbitrary deadline and the criteria for the expiration should be based on actions not dates. Route 71 and 126 Improvements: 1. Staff recommends adding statement to Section B.c.ii to clarify the roles and responsibility for funding of future improvement(s)will be the Owner/Developer not the City in the future agreements contemplated. Suggested language, "Developer/Owner agrees to fund a pro-rata share of these improvements and the City acknowledges some improvements may require future recovery and/or recapture agreements for any benefited properties" 2 1.. , it Average Lot Size Vii' ■ �♦ 50,942 sqft. \ -7 ll �r Wooded ♦•� Area Edward Property ♦♦_ 15 acres • Average Lott Size '� �'". ■ .• ,ty ♦ • fi' x Unned Ciry o7Yorkville GIS ParcelData and AerelPhorogrdphy P, Vki.d Ey KendallCounry STATE OF ILLINOIS ) DRAFT November 16, 2006 November 22, 2006 November 27, 2006 COUNTY OF KENDALL ) November 28, 2006 November 29, 2006 November 30, 2006 December 21, 2006 January 2, 2007 January 9, 2007 January 11, 2007 January 15, 2007 January 17, 2007 AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE FOR FOX VALLEY FARM PARTNERSHIP,AN ILLINOIS PARTNERSHIP AND EDWARD HEATLH VENTURES,AN ILLINOIS NOT-FOR-PROFIT CORPORATION THIS AGREEMENT is made and entered into this day of , 2007 by and between THE UNITED CITY OF YORKVILLE,Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), FOX VALLEY FARM PARTNERSHIP, AN ILLINOIS PARTNERSHIP, (hereinafter referred to as OWNER), and EDWARD HEALTH VENTURES, AN ILLINOIS NOT-FOR-PROFIT CORPORATION of the County of DuPage, State of Illinois (hereinafter referred to as "DEVELOPER"). WITNESSETH WHEREAS, OWNER is the OWNER of real property which is the subject matter of said Agreement comprising approximately 92.26 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit"A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the"SUBJECT PROPERTY"; and WHEREAS, the subject real property is located within the corporate boundaries of the 1 CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, the SUBJECT PROPERTY and other real property still owned by the OWNER was previously annexed to the CITY, and was previously zoned pursuant to CITY ORDINANCE; and WHEREAS, OWNER and DEVELOPER desire to re-zone the SUBJECT PROPERTY described in Exhibit "A" as a Planned unit Development, permitting the development of the SUBJECT PROPERTY for B-3 Service Business District uses as set out in Exhibit "C-1" attached hereto and incorporated herein by reference, and the medical, health and related or similar uses set out in Exhibit"C-2" attached hereto and incorporated herein by reference; and R-2 One Family Residence District uses as set out and demonstrated in Exhibit`B" attached hereto and incorporated herein by reference and which is entitled"Concept Plan" as prepared by Schoppe Design and dated October 5, 2006; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re-Zone the SUBJECT PROPERTY, and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER and the CITY for B- 3 Service Business District and R-2 One Family Residence District; and WHEREAS, OWNER and DEVELOPER have presented, and the CITY has considered, the Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit `B" as B-3 Service Business District and R-2 One Family Residence District to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a 2 desirable addition to the CITY in order to provide health care services; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on November 8, 2006 in front of the CITY Plan Commission and in front of the CITY Council on December 19, 2006, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment/ Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants —3— herein contained, the parties agree, under the teens and authority provided in 65 ILCS 5111- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: A. ZONING: The CITY shall adopt an ordinance re-zoning the SUBJECTPROPERTY described herein in the attached Exhibit"A"; subject to the further terms of thisAgreement as a Planned Unit Development,pennitting the land uses set out as B-3 Service Business District in Exhibit"C-1" attached hereto and incorporated herein by reference and as more fully described in subparagraph (iii),below, and the medical, health and related or similar uses of DEVELOPMENT set out in Exhibit "C-2" attached hereto and incorporated herein by reference (the "Permitted Use List"); and to permit Single Family Residence uses in the areas depicted on Exhibit`B" attached hereto pursuant to the CITY R- 2 One Family Residence District 2. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the B-3 Service Business District and where applicable for residential purposes as set forth in the R-2 One Family Residence District. B. DEVELOPMENT OF THE PROPERTY: (a) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit`B", as prepared and dated October 5, 2006. However re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (b) DEVELOPER shall be responsible for providing landscaping, in conformance —4— with CITY Ordinance along the western boundary as demonstrated in Exhibit"D- 2" of the SUBJECT PROPERTY including preserving as much of the tree line along the West boundary of the property as is reasonably possible. No permanent trees covering utilities shall be planted on the right-of-way adjacent to the SUBJECT PROPERTY. (c) (i) DEVELOPER shall establish the landscape buffer along Illinois State Routes 126 and 71 behind the proposed Right-of-Way expansion line as provided by the Illinois Department of Transportation prior to Final Plat Approval. If said expansion line is not provided by the Illinois Department of Transportation prior to Final Plat Approvals, DEVELOPER may rely upon existing record Right-of- Way Lines. (ii) Each party agrees that the issue of Illinois State Route 71 and Illinois State Route 126 Intersection and road widening improvements has not been determined by the Illinois Department of Transportation. Each party hereto agrees that the allocation of cost of improvements, intersection design, and widening issues shall be negotiated by the parties at the time design improvements are approved by the Illinois Department of Transportation, and shall be allocated in terms of cost by the parties pursuant to further written agreement by the parties for streets within the jurisdiction of the United City of Yorkville by the City, at or prior to the time of the issuance of the access permits by the Illinois Department of Transportation. The parties further acknowledge that tri-part agreements may be necessary between the United City of Yorkville, OWNEWDEVELOPER, and —5— the CITY for roadway improvements that under the jurisdiction of the Illinois Department of Transportation. (d) A Tree Survey on-site shall be conducted by OWNER and DEVELOPER and the same shall be submitted to the United City of Yorkville within 60 days of approval of this Agreement by the United City of Yorkville. (e) OWNER and DEVELOPER further agrees to use its best efforts in the development of the subject R-2 One Family Residence District portion of the subject property in order to maximize and protect the wooded areas of the site in conformance with Exhibit"D-1 and D-2" attached hereto and incorporated herein by reference. C. CITY OFFER TO ACQUIRE WOODED PARCEL:OWNER/DEVELOPER and CITY agree that in the event the CITY is either through its own efforts or independent grants able to secure funds to purchase a portion of the wooded area North of Street B and West of the North-South Collector Street separating the residential and commercial portions of the development on the subject property as shown in Exhibit "D-1" from OWNER/DEVELOPER, that OWNER/DEVELOPER would in fact enter into negotiations for the sale of that portion of the wooded areas in order to preserve said wooded area at a price that is acceptable to the then OWNER of the subject property at the time of said written offer by the CITY to purchase the same. Expiration of the CITY Right to Offer to purchase said parcel shall terminate upon the earlier of: a) Written notice by the OWNER/DEVELOPER, or their assigns to the CITY disclosing that a third party offer has been received to sell the wooded parcel and —6— failure of the CITY to provide written notice to OWNER/DEVELOPER of CITY's agreement to purchase the subject wooded parcel at the price tendered to the CITY by OWNEWDEVELOPER; within Thirty(30) days of the date of such notice by OWNER/DEVELOPER ; or b) OWNER/DEVELOPER filing a Petition to Approve Preliminary Plat of Subdivision for the residential portion of the development. In the event OWNER/DEVELOPER receives a written offer to purchase said property, and the contract purchaser desires to file an application with the CITY for approval of a preliminary plat, OWNER/DEVELOPER agrees to give the CITY Thirty(30) days advanced written notice prior to permitting the filing of the same with the CITY. Upon said written notice being served upon the CITY, the notice and offer provisions contained in paragraph C(a) above shall then take effect; or In the event the CITY tenders a written acceptance of said purchase offer to SELLER, closing shall be within Thirty(30) days of CITY's written acceptance; or c) Three Hundred and Sixty Five (365) days from the execution of this Agreement by the CITY. Nothing contained herein shall act as a stay of any development plans OWNER/DEVELOPER may have with respect to the subject parcel, in the event development is sought prior to any offer being made to purchase the same by the CITY. D. PERMITTED USES: a) OWNER and DEVELOPER agree that OWNER and DEVELOPER shall be permitted to conduct the uses on the SUBJECT PROPERTY that are excerpted from the —7— United CITY of Yorkville Zoning Classification for O-Office District, B-1 Limited Business District, B-2 General Business District, B-3 Service Business District which are attached hereto and incorporated herein as Exhibit "C-1", and any permitted uses within those Districts that the CITY may create in the future, as well as the list of permitted medical,health and related or similar uses as set out in Exhibit"C-2" attached hereto and incorporated herein by reference. OWNER/DEVELOPER agree that they shall not be permitted to conduct on site any permitted uses which have been previously excepted from the current United CITY of Yorkville Zoning Ordinances as are excepted out of Exhibit C-1 of this Agreement by the United CITY of Yorkville. b) That in all other respects,the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. c) DEVELOPER shall establish a Thirty(30') Foot front building setback line for principal structures,but OWNER and DEVELOPER may install parking,signage, and landscaping in said setback. Adjacent to interior streets, parking shall be maintained with at least a Ten (10) foot setback from said roadway. In relation to Route 126 and Route 71 a Thirty(30') foot parkway setback shall be maintained. d) The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building pen-nit on the subject parcel, a site development plan shall —8— be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. E.CITY'S AGREEMENTS: a)The CITY agrees that due to the nature of the non-residential use and zoning classification of the B-3 portion of the SUBJECT PROPERTY, OWNER and DEVELOPER have no obligation to pay School Transition Fees, School Land-Cash Fees,Park Land Cash Fees, or Municipal Building Fees with respect to the portion of the SUBJECT PROPERTY that is zoned B-3. b)As to the residential portion of the SUBJECT PROPERTY, all customary and normal fees as are required to be paid pursuant to the United City of Yorkville Ordinances shall be paid at time of Final Plat Approval or upon application for building permits as are set out respectively in applicable City Ordinances, and pursuant to Exhibit"E" a copy of which is attached hereto and incorporated herein by reference. c)DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY water or Sanitary Sewer System at the time of improving the SUBJECT PROPERTY and upon CITY approval of this Annexation Agreement, and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. d) In the event DEVELOPER is required to financially participate and improve the main North/South entrance and to the collector street to provide access to the commercial portion of the subdivision, and/or to provide signalization and on or off-site —9— improvements to Illinois State Routes 126 or Route 71 CITY agrees to enact and pass: i) Recapture Agreement for Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation; and ii) Permit an Economic Incentive Agreement to be requested by DEVELOPER as to any portion of the on and off-site, signalization on or offsite or collector costs not so recovered under paragraph (C)(1) above pursuant to such an Agreement out of% of any Sales Tax Receipts from users on the subject site in conformity with the United CITY of Yorkville Commercial Incentive Policy. Said Agreement may include sales tax rebates, real estate tax credits or fee credits as may be negotiated therein between the parties considering costs advanced by DEVELOPER and job creation in the community by DEVELOPER. F. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell,transfer, mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the —10— property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. G. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. H. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. I.. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. —11— J. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: John Wyeth 800 Game Farm Road Yorkville, IL 60560 To OWNER: Fox Valley Farm Partnership Dr. William Davis 11615 N. River Road Plano, IL 60545 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 To DEVELOPER: President Edward Health Ventures 801 S. Washington St. Naperville, IL 60540 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 Attorney Hank Stillwell 300 E. Roosevelt Rd, Ste 300 P.O. Box 786 Wheaton, II. 60189 Vice President and General Counsel Edward Health Ventures 801 S. Washington St. Naperville, IL 60540 or to such other addresses as any party may from time to time designate in a —12— written notice to the other parties. K. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. L. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2007. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr., Mayor Attest: CITY Clerk Dated: OWNER: By: —13— Attest: Dated: DEVELOPER: By: Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —14— EXHIBIT LIST Exhibit"A" Legal Description Exhibit`B" Concept Plan Exhibit"C-1" Ordinance for Business Districts Exhibit"C-2" Ordinance for Residential District Exhibit"D-1" Alternative Residential Development Sketch for Tree Preservation and Wooded Area Exhibit"D-2" Edward Health Care Design Standards for Preservation of Wooded Area in Residential Development Exhibit"E" City Building Permit Fees and Contributions for Residential Portion of the Development —15— EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 7 IN"CROOKED CREEK WOODS"A SUBDIVISION RECORDED IN BOOK 14 OF PLATS AT PAGES 4 AND 5 AS DOCUMENT NO. 71-4055 IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS; THENCE NORTH 00 DEGREES 56 MINUTES 13 SECONDS EAST ALONG THE EASTERLY LINE OF SAID SUBDIVISION 592.79 FEET TO A SOUTHERLY LINE OF LOT 4 IN SAID SUBDIVISION ; THENCE NORTH 88 DEGREES 51 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY LINE 121.34 FEET TO THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 00 DEGREES 56 MINUTES 20 SECONDS EAST ALONG THE MOST EASTERLY LINE OF SAID SUBDIVISION 550.70 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 57 DEGREES 34 MINUTES 51 SECONDS EAST ALONG SAID CENTER LINE OF SAID CENTER LINE EXTENDED 234.49 FEET; THENCE SOUTH 00 DEGREES 57 MINUTES 46 SECONDS WEST 51.43 FEET TO THE SOUTHWESTERLY LINE OF SAID ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 55 DEGREES 42 MINUTES 12 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE 378.83 FEET TO AN ANGLE IN SAID SOUTHWESTERLY LINE; THENCE SOUTH 52 DEGREES 40 MINUTES 01 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE; THENCE 43 DEGREES 17 MINUTES 43 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE; THENCE SOUTH 52 DEGREES 21 MINUTES 11 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE AND SAID SOUTHWESTERLY LINE EXTENDED 18 74.5 5 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE SOUTH 72 DEGREES 06 MINUTES 49 SECONDS WEST ALONG SAID CENTER LINE 1115.28 FEET; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 114,592.0 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT,AN ARC DISTANCE OF 1466.67 FEET; THENCE SOUTH 72 DEGREES 50 MINUTES 49 SECONDS WEST 472.53 FEET TO THE SOUTHEAST CORNER OF "WILDWOOD, PHASE II, YORKVILLE, KENDALL COUNTY, ILLINOIS", A SUBDIVISION RECORDED AS DOCUMENT 930730; THENCE NORTH 17 DEGREES 09 MINUTES 11 SECONDS WEST ALONG AN EAST LINE OF SAID SUBDIVISION 60.0 FEET; THENCE NORTH 12 DEGREES 20 MINUTES 49 SECONDS EAST ALONG AN EAST LINE OF SAID SUBDIVISION 168.48 FEET; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MEADOW ROSE LANE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 283.0 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 03 MINUTES 24 SECONDS EAST 23.74,AN ARC DISTANCE 23.75 FEET; THENCE NORTH 12 DEGREES 20 MINUTES 49 SECONDS EAST ALONG AN EAST LINE OF SAID SUBDIVISION 18.15 FEET; THENCE NORTH 29 DEGREES 30 MINUTES 49 SECONDS ALONG AN EAST LINE OF SAID SUBDIVISION 273.75 FEET; THENCE NORTH60 DEGREES 29 MINUTES 11 SECONDS WEST ALONG A NORTHERLY LINE OF SAID SUBDIVISION 188.65 FEET; THENCE NORTH 36 DEGREES 30 MINUTES 04 SECONDS EAST ALONG THE EAST LINE OF CANDLEBERRY LANE 20.88 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE TO THE 59 DEGREES 33 MINUTES 21 SECONDS WEST ALONG A NORTHERLY LINE OF SAID COUNTY, ILLINOIS"A SUBDIVISION RECORDED AS DOCUMENT 891445; THENCE NORTH 16 DEGREES 58 MINUTES 40 SECONDS EAST ALONG SAID EAST LINE 95.87 FEET; THENCE NORTH 07 DEGREES 49 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF SAID PHASE I, A DISTANCE OF 201.74 FEET; THENCE NORTH 41 DEGREES 22 MINUTES 40 SECONDS EAST ALONG AN EAST LINE OF SAID PHASE I, A DISTANCE OF 612.0 FEET TO THE POINT OF BEGINNING IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. EXHIBIT "B" Schoppe Design Concept Plan 10-7A-1 Exhibit "C-1" 10-7A-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. 0 OFFICE DISTRICT SECTION: 10-7A-1: Uses Permitted 10-7A-2: Special Uses 10-7A-3: Lot Area 10-7A-4: Yard Areas 10-7A-5: Lot Coverage 10-7A-6: Maximum Building Height 10-7A-7: Off-Street Parking and Loading 10-7A-1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkuille 10-7A-1 10-7A-1 Daycare Facility. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. ( Real estate office.' Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74). City of Yorkville 10-7A•2 10-7A-7 10-7A-2: SPECIAL USES: Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord..1973-56A, 3-28-1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-1974) 10-7A-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville 10-7B. 1 10-713-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE B. B-1 LIMITED BUSINESS DISTRICT SECTION: 10-713-1: Uses Permitted 10-7B-2: Special Uses 10-713-3: Lot Area 10-713-4: Yard Areas 10-713-5: Lot Coverage 10-713-6: Maximum Building Height 10-7B-7: Off-Street Parking And Loading 10-713-8: Single-Family Apartments In Business Buildings 10-713-1: USES PERMITTED: Antique sales. Apartments, single-family, located in business buildings'. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. 1. See Section 10-713-8 of this Article. January 2000 City of Yorkville 10-7E-1 10-713-1 Daycare Facility. Clothes - pressing and repair. Club - private indoor. Club - private outdoor. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand. Meat market. January 2000 City of Yorkville 10-713-1 10-713-2 Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 1994-1A, 2-10-1994) 10-713-2: SPECIAL USES: A. Allowed: All special uses permitted in O District. Liquor store. B. Prohibited: January 2000 City of Yorkville 10-7B-3 10-713-5 10-7B-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1973-56A., 3-28-1974) 10-7B-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-1 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-1 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than twenty feet (20') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-1 District if the variance is sought for a parcel of real estate : that is sought to be developed as a planned unit development _. because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than twenty feet (20') shall be required. A transitional yard shall be maintained only when the adjoining residential. district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) 10-713-5: LOT COVERAGE: Not more than fifty percent (500%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) January 2000 Cite of Yorkville 10-7B-6 10-7B-8 10-7B-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-1974) 10-713-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) 10-713-8: SINGLE-FAMILY APARTMENTS IN BUSINESS BUILD- INGS: A. Buildings To Comply With BOCA Code: Apartments may be on any floor of a business building, in conformance with BOCA Code. B. Containment Within Business Building: Said apartment must be contained in the business building and not exist separate and apart from the building. C. Number Of Apartments: In the case of a business which contained more than one apartment on a second floor above a first floor business, said business is allowed to have two (2) apartments maximum. D. Conflicting Provisions Repealed: 1. Any and all zoning ordinances which prohibit apartments in property zoned for business are hereby specifically revoked. 2. This amendment shall replace any ordinance which prohibits apartments in property zoned for business. (Ord. 1994-1A, 2-10-1994) January 2000 City of Yorkville 10-7C-1 10-7C-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE C. B-2 GENERAL BUSINESS DISTRICT SECTION: 10-7C-1: Uses Permitted 10-7C-2: Special Uses 10-7C-3: Lot Area 10-7C-4: Yard Areas 10-7C-5: Lot Coverage 10-7C-6: Maximum Building Height 10-7C-7: Off-Street Parking and Loading 10-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances - sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. City of Yorkville 10-7C-1 10-7C-1 Blueprint and photostat shop. Carry-out food service. Catalog sales office. Clothing store - all types. Daycare Facility. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorkville 10-7C. 1 10-7C-2 Paint/wallpaper store. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Apartments, single-family, located in business buildings'. 1. See Section 10-7B-8 of this Chapter. January 2000 City of Yorkuille 10-7C-2 10-7C-4 Marina. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-1 A, 2-10-1994) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1 , 1-9-1986) 10-7C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: No minimum front yard shall be required. (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum side yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. - 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less than thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) January 2000 City of Yorku lle 10-7C 5 10-7C-7 10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7C-6: MAXIMUM .BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 1973-56A, 3-28-1974) 10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville 10-7D-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking And Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Appliance - service only. Business machine repair. Catering service. Daycare Facility. January 2000 City of Yorkville 10-7D-1 10-7D-1 Electrical equipment sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Miniature golf. Nursery. Orchard. 3 Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating rink. Sports arena. Taxicab garage. Tennis court - indoor. January 2000 City of Yorkville 10-7D-1 10-7D-4 Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1 , 1-9-1986; Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10-1995) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1 . A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. January2000 City of Yorkuille 10-7D-4 10-7D-7 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 Zoning District is located next to an arterial roadway, as defined in the City's Comprehensive Plan, a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 Zoning District is located next to a nonarterial roadway, as defined in the City's Comprehensive Plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11-5-1998) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of' the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 Citv of Yorkville 10-6B. 1 10-6B-3 CHAPTER RESIDENTIAL DISTRICTS ARTICLE B. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-613-1: Uses Permitted 10-613-2: Special Uses 10-6B-3: Lot Area And Allowable Density 10-6B-4: Yard Areas 10-6B-5: Lot Coverage 10-68-6: Maximum Building Height 10-613-1: USES PERMITTED: The following uses are permitted: Any permitted use in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974) 10-613-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the R-1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. Bed and breakfast inns. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-36, 10-13-1994) 10-613-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: January 2000 City ofYorkuille 10-613-4 10-613-6 A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-5.6A, 3-28-1974) 10-613-5: LOT COVERAGE: Not more than twenty percent (20%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-613-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974) January 2000 City of Y-orkuilie EXHIBIT "C-2" The CITY hereby agrees to rezone the Property as required to classify the portions of the Property legally described on Exhibit"A"hereto as B-3 Service Business District, allowing as permitted uses, for which a Public Hearing on said uses has been previously held, requesting the following uses specifically cited in the current United City of Yorkville Zoning Ordinances or as contained and permitted by the terms of this Agreement. It is the intention of the parties that the Property may and will be developed and operated for any of the uses set forth on the following"Permitted Use List", or those uses permitted under the existing United City of Yorkville O-Office District, B-1 Limited Business District, B-2 General Business District, and B-3 Business Service District as set out in attached Exhibit C- 1, and any permitted uses within those Districts that the CITY may create in the future. 1 Alternative health care facilities 2 Ambulatory medical facilities or centers for diagnosis or treatment, including, but not limited to, facilities or centers for ambulatory surgical treatment, immediate or urgent care services, renal dialysis services, cardiovascular care, oncology services, radiological imaging services, reproductive health and fertilization services, psychiatric/mental health or disability services, alcoholism/substance abuse services, developmental disabilities services, rehabilitation services, and optician or optometry services 3 Civic buildings 4. Clinic or Medical Health Center(as defined by the City Code: "An establishment where patients are admitted for special study and treatment by two or more licensed physicians or dentists and their professional associates, practicing medicine together.") 5. Clinical laboratories including, but not limited to, sleep laboratories 6. Cultural institutions, accessory to hospital, clinic, medical health center, or medical office or related use; or as permitted under applicable City Ordinance 7. Dwelling units, such as housing for employees, other health provider staff or patients 8. Education, training and conference facilities 9. Extended care facilities, including,but not limited to, nursing homes and assisted living facilities. 10. Health club/fitness or wellness center/reducing salons 11. Helipad for medical emergency medical services in conformance with applicable City, State and Federal regulations and in conformance with DEVELOPER'S Concept Plan incorporated herein in as Exhibit`B" 12. Hospitals as defined under applicable Illinois law 13. Medical research facilities and laboratories 14. Nursery schools or day nurseries,preschool and day care centers 15. Offices—business or professional; medical or dental 16. Parking areas or garages, including elevated parking as is permitted to the maximum building height level as permitted from time to time for B-3 Service Business zoned districts within the United City of Yorkville. 17. Parks,playgrounds and forest preserves 18. Pharmacies and drug stores, including drive-in establishments 19. Public and private utility facilities 20. Religious institutions, accessory to the primary medical uses (or as permitted under the terms of the United City of Yorkville O-Office District, B-1 Limited Business District,B-2 General Business District, and B-3 Business Service District of the United City of Yorkville) 21. Residential care homes or community living facilities. "Residential Care Home" for the purposes of the Agreement shall be defined as follows: "any dwelling unit or living quarters wherein individuals are provided residential care. residential care home does not include a nursing home, hospital, adult daycare center, child daycare center or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense". "Residential care" is "maintenance (room and board), oversight, general watchfulness, and other appropriate services to meet the needs of residents including,but not limited to, social, recreational, medical, employment, educational, rehabilitative and other therapeutic services including but not limited to treatment of eating disorders, mental health disorders, and treatment of alcoholism/substance abuse which is enhanced by being provided to individuals with a common and related need for such services in a family like environment in a residential care home". "Community Living Facility" for the purposes of this Agreement shall be as defined under applicable Illinois law. 22 Restaurants 23. Rooftop antennas 24. Schools/colleges/special education, and education training and conference facilities, accessory 25. Senior housing—independent and skilled care 26. Services and businesses, including but not limited to, ambulance,barber shops, beauty parlors, flower shops, gift shops, laundries, clothes cleaning and laundry pickup stations, toy shops, orthopedic and medical appliance sales and fitting, and similar stores or shops for the conduct of business, all accessory to a permitted use. 27. Other uses, service and retail, which are of the same general character as the above permitted uses, as recommended by the zoning administrator, and approved by the City Council 28. Any other use related to the study or practice of medicine, diagnosing, treating or preventing disease and other changes to the mind or body and promoting good health. Any initial development on the SUBJECT PROPERTY by DEVELOPER shall be of first quality construction and architecturally designed so that building exteriors (including without limitation, signs and color)will be architecturally and aesthetically compatible and harmonious with DEVELOPER's other medical campus developments. PEDWARD HEALTHCAP, ;_ EXHIBIT D - 1 Yorkville, Illinois ALTERNATIVE RESIDENTIAL DEVELOPMENT SKETCH APPROXIMATE EDGE OF WOODED AREA 50' CONSERVATION ® WOODED AREA EASEMENT NOT SUBJECT TO CITY Dorf RIGHT TO OFFER s,aR79f ' PURCHASE cora car/° 2S,000 SF o• N y� I Lal /1"woof r ZZ,O°pyp 16r0ANsF - . ay,.coo 9p Lp1 f#. r � �Q' /(0,°Q99P �(/. YZW Sf krrS WOODED OUTLOT 4.2 AC. rte, o u,°oo SF mr/g la,an o°I NOTES: torr -30 SINGLE FAMILY LOTS RFFre zs -1.1 AC. PARK -4.2 AC WOODED ' //,� /50 .. •� / �OUTLOT. SIZE �7rf r S.W.M. MAY CHANGE DUE /0m'°0° TO PRELIMINARY AND FINAL /f uass �tbr_ -. cor4v O ENGINEERING It,PX 4F Iso REQUIREMENTS wrss � �' rorsr cj X50, /�; �IZrD°a yi GorY� Il /. S.W.M. yl So, zoo 400• SCHOPPEDESIGNASSOCIATES,INC. ,I Landscape Architecture and Land Planning North _ 4 - 126 S.MAIN ST PH.(630)896-2301 gI REV.1 07-12-2007 0' 100' OSWEGO.IL.60543 FAX(630)896-3128 4I 12-21-2006 Exhibit D-2 Edward Healthcare Facility Yorkville Design Standards for Residential Development within Wooded Area 1. In order to allow for the preservation of existing trees,the following setbacks shall apply to residential lots located within the wooded areas and are to be applied without additional public hearing. a. Front Yard—20' b. Rear Yard—20' c. Combined Front Yard and Rear Yard Setback—70' d. Side Yard—5' e. Combined Side Yard Setback—20' 2. DEVELOPER shall provide a 50' Conservation Easement along the rear lot lines of all residential lots developed within the wooded area of the site. 3. Minimum lot size for all single family residential lots developed within the wooded areas of the site shall be 16,000 square feet. 4. The DEVELOPER shall convey to the City a 1 acre park, located as shown on Exhibit D-1. The DEVELOPER shall convey to the City an additional area of the wooded out lot which is not less than one acre,nor more than 2 acres in size. Location and shape of said conveyance to be determined during preliminary and final platting. 5. To the extent that the standards outlined in Exhibits D-1 and D-2 differ from the R City's Landscape Ordinance,the standards in Exhibits D-1 and D-2 shall apply. EXHIBIT "E" LIST OF FEES AND CONTRIBUTIONS TO WHICH THE SUBJECT REAL PROPERTY DEVELOPED FOR R-2 SINGLE FAMILY RESIDENTIAL PURPOSES SHALL BE SUBJECT: 1. Land Cash for School and Park District pursuant to the City Ordinance in effect at the date of Final Plat of Subdivision being passed by the City Council. 2. Sanitary Sewer and Water Connection Fees payable at the time of building permit on a non-discriminatory basis in the City at the time each respective building permit is applied for by the owner or builder on any given residential lot. 3. Building Permit Fees that are charged for any given residential lot at the time a building permit is applied for by the applicant. (No other Transition or United City of Yorkville Impact Fees are applicable to the subject Residential Development since the same has been annexed and zoned prior to the passage of any of those fees as levied by the United City of Yorkville or associated Governmental Agencies.) United City of Yorkville Memo '" 800 Game Farm Road EST. �_ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Q I �41 Fax: 630-553-7575 �kE Date: January 22, 2007 To: Mayor and City Council Members CC: Department Heads From: Susan Bach, Administrative Assistant RE: Revised Information for City Council Packet—January 23, 2007 Attached please find revised information for Item EDC#2a—Ordinance Authorizing the Execution of an Amended Annexation and PUD Agreement for Edward Health Ventures. Please add this information to your City Council packet. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF THE AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT WITH FOX VALLEY FARM PARTNERSHIP AND EDWARD HEALTH VENTURES (Edwards Health Property,Westerly Corner of Rte 126 and Rte 71) WHEREAS, it is deemed prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois,to enter into that certain Amended Annexation and Restated Planned Unit Development Agreement("Agreement") attached hereto and incorporated herein as Exhibit"A"pertaining to certain real estate described in the Exhibit"A"; and WHEREAS, said Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City,the Amended Annexation and Restated Planned Unit Development Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of ,A.D. 2007. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 as . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND FOX VALLEY FARM PARTNERSHIP,AND ILLINOIS PARTNERSHIP OWNERS OF RECORD FOR THE EDWARD HEALTH VENTURES PROPERTY AT WESTERLY CORNER OF RT 126 AND RT 71 WHEREAS, Fox Valley Farm Partnership is the OWNER of certain real property within the United City of Yorkville, Kendall County, Illinois commonly known as the Edward Health Ventures Property at Westerly Corner of Rt 126 and Rt 71; and WHEREAS, Edward Health Ventures is the DEVELOPER of said real estate; and WHEREAS, said real estate is the subject matter of a certain ANNEXATION AGREEMENT AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND FOX VALLEY FARM PARTNTERSHIP and WHEREAS, the OWNER and DEVELOPER have requested an amendment to the Annexation and Planned Unit Development Agreement executed on January 23, 2007 to provide for a Health Center, Commercial Outlot and 30 Single Family Residential Units ; and Page 1 of 3 WHEREAS, a Public Hearing was held before the City Council of the United City of Yorkville; and WHEREAS, it is in the best interest of the City that the Amendment to Annexation Agreement and Planned Unit Development Agreement be approved; and WHEREAS, a draft of said Amendment to Annexation Agreement and Planned Unit Development Agreement has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 5111-15.1-1, as amended, for the execution of said Second Amendment to Annexation and Planned Unit Development Agreement have been fully complied with. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, the Amendment to Annexation Agreement and Planned Unit Development Agreement. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. IN WITNESS WHEREOF, this Ordinance has been enacted this day of 2007 by the City Council of the United City of Yorkville. Page 2 of 3 JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES JASON LESLIE MARTY MUNNS ROSE SPEARS DEAN WOLFER 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 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2007- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF A AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT (Edward Health Ventures Property at Westerly Corner of Rt 126 and Rt 71) WHEREAS, Fox Valley Farm Partnership, and Illinois Partnership is the legal owner of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and Edward Health Ventures, an Illinois Not for Profit Corporation, is the developer of said property described on Exhibit"A" and WHEREAS owner and developer of the Property has made application by petition for the rezoning of the Property pursuant to an Amended Annexation and Restated Planned Unit Development Agreement for property, and WHEREAS, owners and developers have previously entered into an Amended Annexation and Restated Planned Unit Development Agreement for property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as Planned Unit Development with underlying zoning consisting of B-3, and R-2 uses, as set forth with specificity in the Amended Annexation and Restated Planned Unit Development Agreement for property. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as Planned Unit Development with underlying zoning consisting of B-3, and R-2 uses, as set forth with specificity in the Amended Annexation and Restated Planned Unit Development Agreement for property. 2. The Property shall be developed according to the terms of the Amended Annexation and Restated Planned Unit Development Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 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: J2 �% �-E► Legal ❑ City Council EST. 1836 Finance ❑ 1 Engineer ❑ t� City Administrator ❑ Agenda Item Tracking Number % � _ �O Consultant ❑ �� a5"(o a. Human Resources ❑ City Council Agenda Item Summary Memo Title: Route 47/Corneils Annexation and Re-Zoning to B-3 City Council/COW/Committee Agenda Date: January 16,2007 Synopsis: See attached staff report Council Action Previously Taken: Date of Action: December 26,2006 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND FIRST UNITED BANK,AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15,2004 AND KNOWN AS TRUST#2189 NOW COMES, FIRST UNITED BANK,AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 15,2004 AND KNOWN AS TRUST #2189, Owner of Record of certain real property described in the attached Exhibit"A", and the UNITED CITY OF YORKVILLE,An Illinois Municipal Corporation, who hereby enter into this Annexation Agreement to supplement and in addition to the Petition for Zoning and Annexation to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS, each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the subject real property described in the attached Exhibit"A"as a B-3 Development; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the subject property; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS, the OWNER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CITY. 5) WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and 6) WHEREAS, OWNER desires to annex the said real property described in the attached Exhibit"A"into the CITY, its Plan Commission has considered the Petition and recommended annexation and zoning as hereafter set out, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and the CITY; and 7) WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and 8) WHEREAS, OWNER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided; and continued from time to time thereafter: NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: A) The subject real property described in the attached Exhibit "A"shall be annexed to the CITY and zoned B-3. All of subject property shall be developed in conformance with all applicable zoning and City Ordinance requirements including in conformance with the City Landscape Ordinance within the B-3 Service Business District. All permitted uses under the B-3 District shall be allowed except for the following: i. Dance Halls; ii. Reducing Salons, Masseus and Steam Bath iii. Club-private indoor; iv. Magazine and newstand B) That the development of said property shall be subject to approval of all Ordinances of the CITY; engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and permit approval in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, United City of Yorkville Land-Cash Ordinance, and the United City of Yorkville Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER as a condition of approval of the Annexation Agreement. OWNER, except to the extent varied by this Agreement shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance at the time any building permit is approved by the CITY. C) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and United City of Yorkville Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the performance standards, or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Owner,however, will be bound by changes in BOCA building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. D) In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the development that benefit OWNER, said modifications shall be effective as to the development in the event OWNER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. E) That on-site infrastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Zoning and Building Codes and Ordinance and other applicable Ordinances. F) That it is contemplated between the parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11-74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcel, at a rate of no more than an additional one percent (1%)tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent(100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s)by City as reimbursement for Owner(s) and Developer(s') share of engineering expenses and/or for improving and/or signalizing Route 47 abutting the Subject Property. G) OWNER ENTITLEMENTS 1) This Agreement shall inure to the benefit of and be binding upon the successors,heirs, and assigns of each party hereto. 2) If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between OWNER And the CITY. 3) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty(20) years. In the event construction is commenced within said twenty(20) year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement by the CITY and OWNER. 4) The subject real property sought to be annexed by OWNER listed in this Agreement is intended to be developed by a third party, as DEVELOPER, or future DEVELOPERS receiving an assignment of the rights of Owner herein. (a) In the event the subject real property is annexed, zoned and this Agreement is approved,but the subject real property is not developed, for any calendar year in which development does not take place,the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. 5) Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Mr. John Wyeth 800 Game Farm Road Yorkville, IL 60560 If to the OWNER: FIRST United Bank as Trustee of Trust#2189 Frankfort Banking Center 7626 W. Lincoln Highway Frankfort, IL 60423 With a copy to: Frank J. Cortina, Jr. Cortina& Mueller, PC 124 W. Washington Street Morris, IL 60450 Of to such other addresses as any party may from time to time designate in a written notice to the other parties. H) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. I) In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. J) The CITY agrees to adopt any Ordinances,which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of January, 2007. UNITED CITY OF YORKVILLE, Kendall County, Illinois BY: MAYOR Attest: CITY CLERK Owner: FIRST UNITED BANK, As Trustee Under Trust Agreement Dated April 15, 2004 And Known As Trust #2189 - By: Its: SEE ATTACHED FOR TRUST EXONERATION/EXCULPATORY PROVISION. DOCUMENT PREPARED BY: FRANK J. CORTINA,JR. CORTINA &MUELLER, P.C. 124 WEST WASHINGTON STREET MORRIS, IL 60450 (815) 942-0635 EXHIBIT "A" LEGAL DESCRIPTION That part of the Northeast 1/ of Section 17, Township 37 North,Range 7 East of the Third Principal Meridian,Described as Follows: Commencing at the Northeast Corner of said Northeast 1/; Thence Westerly along the North Line of said Northeast 1/, 28.74 Feet to the Westerly Right of Way Line of Illinois State Route No. 47; Thence Westerly along said North Line, 213.30 Feet; Thence Southerly Parallel with the East Line of said Northeast 1/ 721.70 Feet for a Point of Beginning; Thence Northerly along the last described course, 182.03 Feet; Thence Westerly Parallel with said North Line, 347.87 Feet; Thence Southerly along a line which forms an angle of 91 Degrees, 03 Minutes, 36 Seconds with the last described course,measured clockwise therefrom, 181.72 Feet to a line drawn Westerly from the Point of Beginning,Parallel with the South Line of the Northeast 1/ of said Northeast 1/; Thence Easterly along said Parallel Line, 345.80 Feet to the Point of Beginning, in Bristol Township,Kendall County, Illinois. And That Part of the Northwest Quarter of Section 16 and part of the Northeast Quarter of Section 17, all in Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of the Northeast Quarter of said Section 17; Thence South 88 Degrees,44 Minutes West along the North Line of said Quarter Section 28.30 Feet to the Westerly Line of State Route No. 47 for the Point of Beginning; Thence South 88 Degrees, 44 Minutes West along the North Line of said Quarter Section 213.30 Feet; Thence South 0 Degrees, 07 Minutes West Parallel with the East Line of said Quarter Section 721.70 Feet; Thence North 89 Degrees, 49 Minutes East Parallel with the South Line and South Line extended of the Northeast Quarter of the Northeast Quarter of said Section 17, 273.56 Feet to the Westerly Line of said State Route No. 47; Thence Northerly along said Westerly Line 727.95 Feet to the Point of Beginning, in the Township of Bristol, Kendall County, Illinois. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Route 47/Corneils Road—Trust#2188) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Page 2of3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 -13 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Route 47/Corneils Road—Trust#2188) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory or more than 51% of the electors residing within the territory have joined in the petition; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 r STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Route 47/Corneils Road—Trust#2188) WHEREAS, 1st United Bank as Trustee of Trust#2188 (the Owner) is the legal owner of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and WHEREAS the Owner has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, the Owner has previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit «B„ 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of ,A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of ,A.D. 2007. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 `,DEQ CI P Reviewed By: J= Legal ❑ City Council a EST. �sss Finance ❑ 1 Engineer ❑ �^= Agenda Item Tracking Number Ov� City Administrator ❑ !, Consultant ❑ — � � ' C .f. <Cv Human Resources ❑ City Council Agenda Item Summary Memo Title: Peter Kappos(Route 47/Comeils Annexation)Economic Incentive Agreement City Council/COW/Committee Agenda Date: January 16,2007 `7 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE PETER C. KAPPOS DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2006 by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and PETER C. KAPPOS (the"OWNER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 (2002) ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to enter into this Agreement. The OWNER owes and intends to develop the real property located at the Southwest corner of the intersection of Route 47 and Corneils Road and legally described in Exhibit "A" (the "Property) for commercial uses ("Development Project") subject to the zoning ordinance enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the OWNER has the experience and capacity to complete the Development Project. The OWNER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the OWNER would not undertake the Development Project. The OWNER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay OWNER its Reimbursable Improvements (defined later), all as provided in this Agreement. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. -1- Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remained vacant in excess of twenty(20) years; That the Development Project is expected to create job opportunities within the municipality; That the Development Project will serve to further the development of adjacent areas; The CITY has requested that OWNER financially participate in the cost of design and improvement of Illinois Route 47 adjacent to the subject real property, and the cost of signalization at the intersection of Illinois State Route 47 and Corneils Road in the United City of Yorkville. The CITY has requested OWNER to dedicate real property to the CITY on Corneils Road and Illinois State Route 47 for the widening of Right-of-Ways. That without this Agreement, the Development Project would not be reasonably possible given the off-site costs imposed by the Illinois Department of Transportation and the United City of Yorkville; -- That the OWNER meets high standards of creditworthiness and financial strength; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base of the CITY and all related governmental bodies; and That this Agreement is made in the best interest of the CITY; and Pursuant to the Illinois Municipal Code, as amended("Code"), the CITY has authority to enter into an economic incentive agreement relating to the development of land within corporate limits, including an agreement to share or rebate a portion of the retailer's occupation taxes received by the CITY that are generated by the development. Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the OWNER for its Reimbursable Improvements. In reliance upon the CITY's representations and covenants contained in and subject to the terms and conditions of this Agreement, the OWNER intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and to enter into construction contracts and other agreements as necessary. This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. -2- NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the OWNER to undertake the Development Project; in consideration of the OWNER's agreement to undertake the Development Project and the CITY's agreement to reimburse the OWNER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the OWNER and the CITY hereby agree as follows: Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. Creation of Economic Incentive Aereements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application by OWNER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent(50%)portion of the CITY's allocated portion of sales tax revenue as set forth herein to OWNER or as assigned in writing by OWNER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the"Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to OWNER to enter into this Agreement. Development Incentive Reimbursement. Incentives. The OWNER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement costs (defined below) out of a minimum of 50% of sales tax generated by any"Generator"on the Property or any additional property purchased by OWNER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include interest at the rate of three percent (3%) per annum in excess of prime commercial interest rate as set by Old Second Bank — Yorkville on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by OWNER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first store (or other business operator) on the Property. OWNER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of twenty (20) years commencing from the date of the execution of this Agreement. -3- In the event OWNER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the right to recovery shall terminate earlier than the previous stated expiration date. In the event OWNER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include, but are not limited to,the following: 1) Construction of any off-site Illinois State Route 47 and Corneils Road improvements intersection, signalization, or other improvements on Corneils Road or Route 47 as is necessitated by IDOT or the CITY for the development of the subject property and handling ambient traffic benefiting from said roadway improvements. 2) The Fair Market Value of any real property, determined by Appraisal Figure agreed to by OWNER and CITY at the time of any dedication or taking of real property for right-of-way purposes at the time of said real property is dedicated or taken for said purposes by either the United City of Yorkville or the Illinois Department of Transportation. The CITY shall distribute the sales tax revenue generated by any Generator as follows: A) 50%to the OWNER,or as directed by the OWNER; and B) 50%to the CITY; if the OWNER has One Hundred Fifty Thousand(150,000 sq.ft.) or less of commercial space on the subject property; or Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross sales, and located within the State of Illinois, that is collected by the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obli ag tion. The CITY hereby agrees to pay OWNER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the OWNER as set out in this Agreement. The "quarterly installment payment" shall mean an amount equal to one-half(Y2) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the OWNER will be due and payable solely from one-half(Y2)or as adjusted under paragraph 8(a) of this Agreement of the -4- sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the OWNER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following construction of the Reimbursable Improvements, OWNER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date. The terms of this Agreement shall be for Twenty (20) years commencing upon the completion of said improvement. Sources of Funds to Pay Reimbursable Development Project Costs. Funds necessary to pay for the Incentives are to be solely derived from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. In order to comply with the terms of this Agreement, OWNER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In-the event OWNER or a commercial retailer fails to provide the CITY with written authority for release of said - - information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the OWNER. Assignability. 1) It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11-20 (2002) are assignable at the option of the OWNER. Upon such written assignment by the OWNER, Generator shall have all rights currently vested in the OWNER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the OWNER, OWNER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the OWNER. 2) OWNER may assign a portion or all of its rights under the terms of this Agreement to any future developers, owners, or institutions or individuals providing financing for the improvements outlined above in this Agreement. -5- Reimbursement Procedures. Sales Tax Reports. OWNER agrees to cause all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be responsible for any fizrther action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, OWNER shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, famish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying sales tax revenues collected pursuant to this Agreement. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by OWNER or Generators or obtained from OWNER's or Generator's records in connection with this Agreement, and in connection therewith,the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of the CITY hereunder or(ii)to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration,termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. Audit. Each payment by the CITY to OWNER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall fiuther issue a statement setting forth all payments made to date to -6- Y OWNER. OWNER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. OWNER shall have the right to review all sales tax reports provided to the CITY by the state relating to any Generator upon two days written request by OWNER. Default/R.ight to Cure. No parry 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(3 0) days in the case of a non-monetary default, from notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies_be - cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate OWNER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. Additional Covenants. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by -7- certified mail as follows: To Owner: Peter C.Kappos To Owner's Attorney: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 With copies to: Attorney John Wyeth United City of Yorkville Offices 800 Game Farm Rd. Yorkville, IL 60560 Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf. Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties.Nothing herein shall be deemed or construed by the Parties or by any third party as creating the-relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. -8- IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, PETER C. KAPPOS an Illinois Municipal Corporation, By: By: MAYOR PETER C. KAPPOS Attest: Dated: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -9- EIT2 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT WITH PETER KAPPOS (Property at Southwest Corner of Rt 47 and Corneils Road) WHEREAS, it is deemed prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development/Economic Initiative Agreement pertaining to the development of real estate described within the Agreement which is attached hereto as and made a part hereof as Exhibit"A" be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the property subject to the Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the reasons for entering into this Agreement and benefits to the City are described within the Agreement and thereby made a part of this Ordinance, and Page 1 of 3 WHEREAS, the statutory procedures including specific findings as required by 65 ILCS 8-11-20, as amended, for economic incentive agreements have been complied with, and said findings are contained in the Agreement(Exhibit"A"), NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section 1: The preambles, above, are incorporated by this reference as if written in full at this place. Section 2: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City,the Development/Economic Initiative Agreement concerning certain real estate described therein, a copy of which attached hereto and made a part hereof as Exhibit"A". Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Page 2 of 3 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 Page 3 of 3