City Council Packet 2003 08-12-03 `,c*,D C/py
J o, United City of Yorkville
Q,i11 r
County Seat of Kendall County
Esr. _1836 800 Game Farm Road
,� x N Yorkville, Illinois 60560 AGENDA
O I��n O Phone:630-5534350
" = .2 Fax:630-553-7575 CITY COUNCIL MEETING
t`kLE `Nv BEECHER COMMUNITY BUILDING, AUSTIN ROOM
7:00 PM
Tuesday,August 12, 2003
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Rich Sticka Valerie Burd Marty Munns Joe Besco
Paul James Larry Kot Wanda Ohare Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, August 25, 2003 6:30 p.m., Wednesday, August 20, 2003
City Hall Conference Room City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, August 21, 2003
City Hall Conference Room
Administration Committee Meeting: Ad-hoc: Tourism Committee
6:30 p.m., Thursday, August 14, 2003 6:30 p.m., Wednesday, August 27, 2003
City Hall Conference Room City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, August 28, 2003
City Hall Conference Room
Public Hearings:
1. PC 2003-06 Senior Apartment Housing: New Directions Housing Corp., petitioner, request to rezone from
United City of Yorkville B-3 Service Business District to R-4 General Residence District Planned Unit
Development for senior citizens and for hearing as to the Planned Unit Development Agreement of
Petitioner. The real property consists of 3.48 acres and is located at the Southwest corner of Route 47 and
Crreenbriar Road in the United City of Yorkville, Kendall County, Illinois.
City Council Meeting Agenda
August 12, 2003
Page 2
Public Hearings (can't):
2. PC 2003-04 Caledonia: Inland Land Appreciation Fund, L.P., a Delaware Limited Partnership, petitioner,
request to amend the Annexation and Planned Unit Development executed by the United City of Yorkville
on March 23, 1995, and recorded with the Kendall County Recorder of Deeds Document No. 95-07156 on
September 6, 1995 for the Yorkville Business Park for review of preliminary plat. The real property consists
of approximately 85.296 acres and is located West of Route 47 and West and North of the Yorkville
Business Center, Bristol Township, Kendall County, Illinois.
Citizen Comments:
Presentations:
Consent Agenda:
1. Resolution for Kendall County Hydro Geologic Resource Assessment - authorize Mayor and City Clerk to
execute
2. Intergovernmental Agreement between School District, City, Parks and Recreation and Police for the
Exchange of Facilities and Services -authorize Mayor and City Clerk to execute
3. Dickson Court -Award Contract to Meyer Paving Inc., in an amount not to exceed$64,659.46
4. Route 34/Game Farm Road Traffic Signal Change Order for Pavement Striping-authorize City Engineer to
execute in an amount not to exceed$1,253.37
5. South Elevated Water Storage Tank-Award Contract to C B &I in an amount not to exceed$1,592,000.00
6. South BPS/PRV Station-Award Contract to Seagren Construction in an amount not to exceed$374,095.00
7. Well 7 - Award Contract to Layne Western, a Division of Layne Christensen Co. in an amount not to exceed
$685,590.00
8. Route 34/Game Farm Road Traffic Signal Change Order for Furnishing and Placing Topsoil -authorize City
Engineer to execute in an amount not to exceed$1,108.80
9. Resolution Acknowledging the Cable System Upgrade and Designating the Southwest Fox Valley Cable&
Telecommunications Consortium as Agent-authorize Mayor and City Clerk to execute
10. Monthly Police Reports for June 2003
11. Kopy Kat Copier Proposal - authorize Finance Director to execute in an amount not to exceed 60 monthly
rental payments of$1,586.00 each
12. Williams Development, Ltd. - Change Order#00011 for Yorkville City Office and Police Dept. -authorize
Mayor to execute in an amount not to exceed$27,240.05
13. Resolution Approving the Hiring of 2 Additional Police Officers -authorize Mayor and City Clerk to
execute
City Council Meeting Agenda
August 12, 2003
Page 3
Plan Commission/Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council— July 22, 2003
Minutes of Committee of the Whole— May 6, 2003
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 553,643.61 (vendor)
$ 125,667.82 (payroll period ending 7/30/03)
$ 679,311.43 (total)
Reports:
Mayor's Report:
1. Board Appointments
2. Coffee with the Mayor- August 16th @ Dave's Meat Market from 9:30 - 11:00 a.m.
Attorney's Report:
1. Contract for Sale of United City of Yorkville Well Site
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
1. Hazardous Waste Proposal/Pick-up Site from Kendall County to use Beecher Center Parking Lot
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks&Recreation Report:
Community&Liaison Report:
City Council Meeting Agenda
August 12, 2003
Page 4
Committee Reports:
Public Works Committee Report:
1. Fox Hill Recapture Agreement
2. Resolution for NPDES Phase 2 Storm Water Requirements
3. Request to Purchase 2004 Int's Model 7400 Truck
Economic Development Committee Report:
1. Rescind Duplicate Ordinance 2003-37 Amending Title 10, Chapter 6, Article 6A, Section 2 to Provide for
Historical Preservation of Structures within the R-1 Estate Class One-Family Residential
2. Ordinance Approving Variances for Rear-Yard Setbacks for Residence Located at 2147 Kingsmill Street
3. Annexation Agreement of Gail C. Fisher, Gary L. Conover, Diane J. Conover, John E. Lies, Dolores C. Lies
and Kimball Hill Homes
a. Ordinance Authorizing the Execution of a Development and Annexation Agreement
b. Ordinance Annexing Property
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. Raintree Village SSA Documentation
a. Ordinance Establishing Special Service Area
b. Ordinance Providing for Issuance of Special Service Area Special Tax Bonds
2. Windett Ridge SSA Documentation
a. Ordinance Establishing Special Service Area
b. Ordinance Providing for Issuance of Special Service Area Special Tax Bonds
Additional Business:
Executive Session:
1. For the collective negotiation matters between public employers and their employees
or representatives.
Adjournment:
City Council Meeting Agenda
August 12, 2003
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004
PUBLIC WORKS
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice-Chair: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Sticka Sanitation and Waste
Committee: Alderman Kot
ECONOMIC DEVELOPMENT
Committee Departments Liaisons
Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce
Vice Chair: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev.
Committee: Alderwoman Ohare Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
PUBLIC SAFETY
Committee Departments Liaisons
Chairman: Alderman Kot Police Human Resource Comm.
Vice Chair: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
;ADMINISTRATION
Committee Departments Liaisons
Chairman: Alderwoman Spears Finance Metra
Vice Chair: Alderman James Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Munns
IAD-HOC: TECHNOLOGY;
Committee
Chairman: Alderman Munns
Vice Chair: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
City Council Meeting Agenda
August 12, 2003
Page 6
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004 (con't)
AD-HOC: TOURIST
Committee
----�---------,
Chairman: Alderwoman Burd
Vice Chair: Alderwoman Spears
Committee: Alderman James
Committee: Alderman Besco
09/08/2003 OB 14 FAX 630 553 5764 DANIEL J. KRAMER 0 001/028
STATE OF ILLINOIS )
)SS Revised August 7, 2003
COUNTY OF KENDALL )
PROPOSED PLANNED UNIT DEVELOPMENT AGREEMENT OF
NEW DIRECTION HOUSING CORPORATION
This Planned Unit Development Agreement(hereinafter"Agreement"), is made and
entered into this day of , 2003,by and between the UNITED CITY OF
YORKVILLE,a municipal corporation, hereinafter referred to as "CITY" and NEW
DIRECTION HOUSING CORPORATION, INC.,hereinafter referred to as "DEVELOPER"
and SUNFLOWER ESTATES, L.L.C., hereinafter referred to as "OWNER".
WITNESSETH
WHEREAS, OWNER owns fee simple interest to the real property which is legally
described in Exhibit"A" attached hereto, consisting of approximately 3.48 acres, more or less
(hereinafter"PROPERTY"); and which is depicted in the Preliminary Plat of Subdivision which
is attached hereto and incorporated herein as Exhibit "B"; and
WHEREAS, DEVELOPER has entered into a written agreement to purchase the real
property which is the subject matter of said Agreement comprising approximately 3,48 acres,
more or less; and
WHEREAS, CITY has determined that a need for affordable housing for the population
over the age of 62 exists within the UNITED CITY OF YORKVILLE; and
WHEREAS, the CITY and DEVELOPER agree said Planned Unit Development
consisting of a single lot subdivision with the R-4 General Residence Zoning Use shall be
exclusively for an age restrictive facility specifically providing residences for those individuals
who are 62 years of age or older.
WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the orderly
development of the subject real PROPERTY and to develop the PROPERTY in the CITY in
accordance with the terms of this Planned Unit Development Agreement and the Ordinances of
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08/08/2003 08 15 FAX 630 553 5764 DANIEL J KRAMER (1002/028
the CITY; as a Planned Unit Development establishing a unique open space character and to
provide for the orderly flow of traffic in the development and to adjoining real property; and
and to provide rezoning to an R-4 General Residence Zoning Use for said parcel; and
WHEREAS, it is the desire of the CITY and DEVELOPER to enter into this Agreement
and facilitate development of the PROPERTY pursuant to the terms and conditions of this
Agreement and the Ordinances of the CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such Agreement; and
WHEREAS, it is the intent of OWNER and DEVELOPER to design a stormwater
management system for the subject PROPERTY that is in conformance with City Ordinances;
and
WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the
CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Illinois Compiled Statues; and
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to this Agreement all as required by the provisions of the CITY'S
Ordinances and Illinois Compiled Statutes; and
WHEREAS, the OWNER, DEVELOPER and CITY agree that upon execution the this
Agreement the subject PROPERTY shall be designated a Planned Unit Development with an R-4
General Residence District as set forth in the attached hereto and incorporated herein as Exhibit
"B'; and
WHEREAS, the DEVELOPER agrees to enact and record a Declaration of Covenants
describing the age restrictions and services to be provided on the PROPERTY a copy of which is
attached hereto and incorporated by reference as Exhibit"C"; and
WHEREAS, in reliance upon the development of the PROPERTY in the manner
proposed,OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and
other documents that are necessary to accomplish the rezoning of the PROPERTY; and
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
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08/08/2003 08 15 FAX 630 553 5764 DANIEL J KRAMER 1003/028
A. That the development of said property shall be subject to approval of all
Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant
approval by CITY staff or outside review engineering as elected by the CITY and Final
Plat approval by the City Council in conformance with the United City of Yorkville
Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants
and of Review Fees Ordinances,Municipal Building Fee, Weather Warning Siren Fee,
City Land-Cash Ordinance, and City Development Fee Ordinance,payable at the time of
annexation, which have been voluntarily contracted to between the parties and agreed to
by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development
Agreement.
B. OWNER/DEVELOPER, except to the extent varied by this Agreement, the
Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all
requirements as set out in the United City of Yorkville Zoning Ordinance and
Subdivision Control Ordinance at the time commencement of construction is initiated.
No change in the United City of Yorkville Zoning Ordinance, Subdivision Control
Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City
Development Fee, which have been enacted subsequent to the execution of this
Agreement shall alter the lot sizes, setbacks,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. Developers, however, will be bound by changes
in building codes, building material changes and the like that may be enacted by the
CTTY, so long as the same are applied in a nondiscriminatory manner throughout the
CITY
C. Utilities and Public Improvements. That On-Site infrastructure construction and
engineering shall be governed by the standards contained in the Yorkville Subdivision
Control Ordinance and other applicable Ordinances unless specifically addressed in the
following, in which case this Agreement shall control. Roadway right-of-ways, widths of
streets, and roadway construction standards shall comply with the requirements as set out
on the approved Preliminary Plat and Final Plat.
D. Sanitary Sewer Facilities.
1. DEVELOPER shall cause the Subject Property, to be annexed to the Yorkville-Bristol
Sanitary District("Yorkville Bristol"or"YBSD") for the purpose of extending and
connecting to the sanitary sewer lines and treatment facilities of Yorlcville-Bristol.
The installation of sanitary sewer lines to service the Subject Property and the
connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol
shall be carried out in substantial compliance with the Final Engineering as approved
by the CITY for each Phase of Development. The CITY shall fully cooperate with
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OWNER and DEVELOPER in obtaining such permits as may be required from time
to time by both federal and state law, including,without limitation, the Illinois
Environmental Protection Act, permitting the construction and connection of the
sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the
development and use of each Phase of Development of the Subject Property. The
sanitary sewer mains constructed by DEVELOPER for each Phase of Development
which are eighteen (18) inches or&eater in diameter("Large Lines") shall be
conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its
expense,be responsible for the ongoing care, maintenance, replacement and renewal
of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in
diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take
ownership of and, at its expense,be responsible for the ongoing care, maintenance,
replacement and renewal of said Small Lines following the CITY's acceptance
thereof, which acceptance shall not be unreasonably denied or delayed.
2. In the event the CITY requires OWNER/DEVELOPER to oversize water mains,
sanitary sewer mains, or storm sewer lines, the parties shall enter into a written
agreement specifically providing that said costs shall be reimbursed by the CITY, or
be the subject of a Recapture Agreement and Recapture Ordinance in favor of
OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any
oversizing,
3. Any storm water detention facility constructed on-site shall comply with the
requirements as set out on the approved Preliminary Plat,Preliminary and Final
Engineering Plans approved by the City Engineer,
4. That off-site improvements for the provision of water, sanitary sewer and other utility
and infrastructure services shall be provided by OWNER/DEVELOPER according to
the City Subdivision Control Ordinance. After the installation of improvements by
OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision
site potable water characterized by such minimum flows and pressures as required by
the Illinois Environmental Protection Agency.
5. The CITY agrees to negotiate with OWNERfDEVELOPER the passage of a
Recapture Ordinance for any off-site sanitary sewer or water main improvement or
on-site sanitary sewer or water main improvement benefiting future users that are
contiguous or within a reasonable service area of the subject subdivision Any
recapture shall be done by Ordinance after the CITY has reviewed Engineer's
drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the
Improvements submitted by OWNER/DEVELOPER, and approved by a majority
vote of the City Council.
6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site
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improvements to serve said property with utility and municipal services. The United
City of Yorkville hereby agrees to use its best efforts, including condemnation, to
assist the OWNER/DEVELOPER in the acquisition of easements or permission to
use easements from Bristol Township, Kendall County and the State of Illinois. The
actual cost of acquisition of any easement shall be at the expense of
OWNER/DEVELOPER.
7. The Planned Unit Development being approved, as part of this Agreement shall be
constructed in substantial conformance with the Preliminary Plan attached hereto and
incorporated herein as Exhibit"B". Deviations from this Agreement shall be allowed
only if approved by majority vote of the City Council, or upon City Engineer's
approval as to technical parts of engineering plans. OWNER/DEVELOPER further
agrees to conform its Preliminary and Final Landscape, Preliminary and Final
Engineering and Preliminary and Final Plats to provide the buffering and screening
agreed to as set out in the Preliminary Plan for the Subject Property.
8. Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER
to the CITY of a final plat of subdivision("Final Plat"), final landscape plan("Final
Landscape Plan") and final engineering plans (")anal Engineering") for a Phase of
Development, which substantially conform with the Preliminary Plans as to such
Phase of Development, the CITY shall promptly approve such Final Plat so long as it
is in substantial conformity with the approved Concept Plan and Preliminary Plan,
and that DEVELOPER is not in material breach or default as to any terms of this
Agreement, Final Landscape Plan and Final Engineering in compliance with
applicable law and cause the Final Plat to be duly recorded with the Kendall County
Recorder's office provided DEVELOPER complies with applicable CITY regulations
pertaining to (i) the posting of the applicable Security Instruments, as defined in
Paragraph I of this Agreement, for such Phase of Development, (ii) the payment of
applicable fees to the CITY as provided for in this Agreement and (iii) the
procurement of such approvals as may be required by other governmental authorities
with jurisdiction thereover, The Final Plat, Final Landscape Plan and Final
Engineering are referred to herein collectively as the"Final Plans". Concurrent with
and prior to recording a Final flat the CITY's review of Final Plans for a Phase of
Development DEVELOPER shall submit to the CITY and the CITY shall review a
copy of the Declaration of Covenants, Restrictions and Easements (or similarly named
document) ("Declaration")which will be used by DEVELOPER to establish the
covenants, conditions and restrictions for such Phase of Development. The
Declaration shall provide for the authority of DEVELOPER and/or the CITY to
establish an association or associations of homeowners (each a"Homeowners
Association") which shall have Primary Responsibility, as defined in Paragraph L
thereof, for the ownership, care and maintenance of the common open space areas
within the Subject Property as listed in Exhibit "J" attached hereto ("Common
Facilities") and the collection of assessments from the association members to defray
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the cost thereof. The Declaration shall be recorded against each Phase of
Development simultaneously with the recording of the Final Plat for each Phase of
Development. The SSA, as defined in Paragraph L of this Agreement, shall be
utilized by the CITY to carry out the Secondary Responsibility, as defined in said
Paragraph L, to fund the cost of maintaining the Common Facilities.
E. 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, building requirements, official 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 Agreements,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 DEVELOPER during said five (5)year period. After said five(5) year
period, the Subject Property and its development will be subject to all ordinances, regulations,
and codes of the CITY in existence on or adopted after the expiration of 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.
F. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public
improvements constructed as a part of the development shall be accepted by the CITY pursuant
to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due
diligence in accepting said public improvements following DEVELOPER's completion thereof
for each Phase o f Development in compliance with the requirements of said ordinance, and shall
adopt the resolution accepting said public improvements not later than thirty (30) days following
the submission of the as built plans.
G. GENERAL PROVISIONS.
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 ap-
propriate action at law or in equity to secure the performance of the covenants and
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08/08/2003 08 16 FAX 630 553 5784 DANIEL J. KRAMER Id)007/028
agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
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 subsequent grantees and successors in
interest of the OWNER,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 lot improved with a dwelling unit who acquires the same for
residential occupation, unless otherwise expressly agreed in writing by such
purchaser.
This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, excepting the Annexation Agreement it
amends, regarding the subject matter hereof shall be deemed to exist to bind the
parties. The parties acknowledge and agree that the terms and conditions of this
Agreement, including the payment of any fees,have been reached through a
process of good faith negotiation, both by principals and through counsel, and
represent terms and conditions that are deemed by the parties to be fair,
reasonable, acceptable and contractually binding upon each of them.
Notices, 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.
111 W. Fox, Ste. 3
Yorkville, IL 60560
With a Copy to: United City of Yorkville's Attorney
Law Offices of Daniel J. Kramer
1107A. S. Bridge St.
Yorkville, IL 60560
If to the DEVELOPER: New Direction Housing Corporation
c/o Roger Brown
1920 Highland Ave., Suite
Lombard, 11 60148
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08/08/2003 08 16 FAX 630 553 5764 DANIEL J. KRAMER /2008/028
Or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
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). 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.
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.
Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNER or DEVELOPER to sell or convey all or any
portion of the Subject Property, whether improved or unimproved.
Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNER, DEVELOPER, and their successors
or assigns, to develop the Subject Property in accordance with the provisions of
this Agreement, provided said ordinances or resolutions are not contrary to law.
The CITY agrees to authorize the Mayor and City Clerk to execute this
Agreement or to correct any technical defects which may arise after the execution
of this Agreement.
Term of Agreement. The term of this Agreement shall be for five (5)years. In
the event construction is commenced within said five year period all of the terms
of this Agreement shall remain enforceable despite said time limitation, unless
modified by written agreement of the CITY and DEVELOPER/OWNER.
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.
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08/08/2003 08 16 FAX 630 553 5764 DANIEL J KRAMER a 003/028
Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at DEVELOPER's expense.
Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
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.
No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for within any opened 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 effect any limitations imposed as to sanitary sewer or water
main extensions by the Illinois Environmental Protection Agency, or Yorkville-
Bristol Sanitary District. (Please include language stating that the City has
adequate water sources/availability to serve the Development)
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,
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, or OWNERS, including,but
not limited to, county, state or federal regulatory bodies.
IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this
day of, 2003.
UNITED CITY OF YORKVILLE,
Kendall County, Illinois
By:
MAYOR
Attest:
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08/08/2003 08 16 FAX 630 553 5764 DANIEL J. KRAMER a 010/028
CITY CLERK
OWNER/DEVELOPER:
NEW DIRECTIONS HOUSING CORPORATION
By:
Attest:
Dated:
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0R/08/2003 08 16 FAX 630 553 5764 DANIEL J. KRAMER fl 011/028
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
PROPOSED FIRST AMENDMENT TO ANNEXATION AGREEMENT and PLANNED
UNIT DEVLEOPMENT AGREMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION, AND
INLAND LAND APPRECIATION FUND, L.P.,A DELAWARE LIMITED
PARTNERSHIP
CROUTE 47 AND CORNEILS ROAD
NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located
in the County of Kendall, State of Illinois, hereinafter referred to as"CITY",INLAND LAND
APPRECIATION FUND, L.P., a Delaware Limited Partnership, hereinafter referred to as
"OWNERS/DEVELOPERS",
WITNESSETH
WHEREAS, an Annexation Agreement was entered into by and between
OWNERS/DEVELOPERS and the CITY on March 25, 2003 providing for the annexation,
zoning and general plan of development for certain real property which at that time was located
outside of the boundaries of the CITY; and
WHEREAS, OWNERS/DEVELOPERS are desirous of entering into this Planned Unit
Development Agreement for the real property which is the subject matter of said Agreement
comprising approximately 85.296 acres, more or less an R-2 Planned Unit Development Use
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03/08/2003 08 16 FAX 630 553 5764 DANIEL J. KRAMER 0012/028
pursuant to the March 25, 2003 Annexation Agreement incorporated herein by reference; and
WHEREAS, OWNERS/DEVELOPERS agree to enter into said Amendment to said
Annexation Agreement and enter into said Planned Unit Development Agreement that shall
become effective upon execution; and
WHEREAS, the CITY through its Plan Commission, City Council, and Staff review of
the proposed First Amendment to the Annexation Agreement and Planned Unit Development
Agreement presented by OWNER/DEVELOPER and wishes to enter into this First Amendment
to the Annexation Agreement and Planned Unit Development Agreement; and
WHEREAS, in mutual consideration of OWNERS/DEVELOPERS purchasing the
subject real property from OWNERS/DEVELOPERS, and the CITY agreeing to certain
Annexation Agreement amendments with OWNERS/DEVELOPERS which inure exclusively to
the mutual benefit of each party hereto,the parties do agree to enter into the following First
Amendment Annexation Agreement:
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
2) REAL PROPERTY EFFECTED: This First Amendment shall affect only the
terms, conditions, and general development plan as set out in the original
Annexation Agreement of March 25, 1995 of which are hereby specifically
referenced herein, This First Amendment to Annexation Agreement shall only
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06/08/2003 08 16 FAX 630 553 5764 DANIEL J. KRAMER 0013/028
become effective upon.
AMENDMENTS: The Annexation Agreement of March 25, 1995 shall
be superceded by the Planned Unit Development Agreement
providing for R-2 Single Family Use for approximately 85.296
acres legally described in Exhibit"A" attach hereto and
incorporated herein by reference.
3. AUTHORIZATION OF AMENDMENT: OWNERS/DEVELOPES
warrant that the parties hereto have full and express authority to enter into
an Amendment of the original Annexation Agreement dated March 25,
1995 to which this Amendment is appended pursuant to that Agreement.
4. RATIFICATION: All parties hereto agree that except to the extent
performance standards or other terms of the original Annexation
Agreement have been amended by the Planned Unit Development
Agreement,all other terms of the original Annexation Agreement dated
March 25. 1995 are hereby ratified, re-published, and reconfirmed between
the parties hereto and remain the agreement of the parties. Both
OWNERS/DEVELOPERS warrant that OWNERS/DEVELOPERS shall
stand in the position of a successor and assign of OWNERS as to all rights
accruing under the original Annexation Agreement.
5. All parties agree that a new Planned Unit Development Preliminary Plan
incorporated herein as Exhibit "B"is hereby adopted as part of this
Amendment.
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08/08/2003 08 16 FAX 630 553 5764 DANIEL J KRAMER pj014/028
6, SEVERABILITY: Should any provision of this Annexation Amendment
be found to be unenforceable by a Court of competent jurisdiction,the
remaining terms and conditions of this First Amendment Annexation
Agreement as well as the original Annexation Agreement dated March 25,
1995 shall remain in full force and effect.
7. Notice until further notice shall be provided at the following addresses;
CITY: City Clerk
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Copy to: Attorney Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
OWNERS: Inland Land Appreciation Fund
c/o Matthew Fiascone
2901 Butterfield Road
Oak Brook, IL 60523
8. 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 Amendment shall be performed in a timely
manner by all parties hereto.
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08/08/2003 08 17 FAX 630 553 5764 DANIEL J KRAMER Q015/028
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment to
Planned Unit Development Agreement this day of , 20_
CITY: OWNERS/DEVELOPERS:
UNITED CITY OF YORKVILLE INLAND LAND APPRECIATION FUND, L.P.,.
By: By:
Attest: Attest:
Dated: Dated:
Dated:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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08/08/2003 08 17 FAX 630 553 5764 DANIEL J. KRAMER L018,'028
STATE OF ILLINOIS )
Revised August 8,2003
COUNTY OF KENDALL )
PROPOSED PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND INLAND LAND APPRECIATION FUND, L.P., A DELAWARE LIMITED
PARTNERSHIP,
DEVELOPER AND OWNER OF RECORD
(CALEDONIA SUBDIVISION)
NOW COMES, INLAND LAND APPRECIATION FUND, L.P., a Delaware Limited
Partnership, OWNER and DEVELOPER 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 Planned Unit Development Agreement to supplement and in addition to the
Petition for Zoning and drawings submitted therewith, including the approved Preliminary Plat of
Subdivision 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
DEVELOPER and the CITY to annex and develop the subject real property
described in the attached Exhibit "A"as a Planned Unit Development establishing
a unique open space character and to provide for the orderly flow of traffic in the
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03/08/2003 08 17 FAX 830 553 5764 DANIEL J KRAMER l017/028
development and to adjoining real property; and
2. WHEREAS, each party agrees that it is in the best interest of the local
governmental bodies affected and the DEVELOPER and OWNER to provide for
specific performance standards in the development of the subject property; and
3, WHEREAS, each party agrees that a substantial impact will be had on the
services of the United City of Yorkville and the Yorkville School District by
development of said real property; and
4. WHEREAS, the DEVELOPER has agreed to perform certain requirements made
by the United City of Yorkville,
5. WHEREAS, the subject real property is located within the corporate boundaries
of the CITY; and
6. WHEREAS, OWNER desires to enter in this Planned Unit Development
Agreement for the said real property described in the attached Exhibit"A"and
amend the Annexation Agreement entered into on March 25, 1995; and
7. WHEREAS, CITY, its Plan Commission has considered the Petition, 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/DEVELOPER and the CITY; and
8. WHEREAS, all parties to this Agreement desire to set forth certain terms and
conditions upon which the land heretofore described will be developed in an
orderly manner; and
9. WHEREAS, OWNER and its representatives have discussed the proposed
rezoning and have had public meetings with the Plan Commission and the City
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08/08/2003 08 17 FAX 630 553 5764 DANIEL J. KRAMER 0 018/028
Council, and prior to the execution hereof, notice was duly published and a public
hearing was held to consider this Agreement, as required by the statutes of the
State of Illinois in such case made and provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, as follows
A. The subject property described in the attached Exhibit"B" shall be zoned in
conformance with each unit or zoning set forth in the approved Preliminary
Planned Unit Development Plan, consisting of Preliminary Plat and Preliminary
Engineering, copies of which are attached hereto and incorporated herein as
Exhibit"C" and made a part hereof, providing for R-2 One-Family Residential
District, and shall be developed in general conformance with the approved
Preliminary Plat of Subdivision attached hereto and incorporated herein by
reference as part of Exhibit"C"; the legal description for the R-2 One-Family
Residential District being attached hereto and incorporated herein as Exhibit"D".
The subdivision shall further be developed and improved according to the
Preliminary Landscape Plan,a copy of which is attached hereto and incorporated
herein as Exhibit"F".
B. That single-family areas of the development shall be governed by the following
performance standards which shall when in conflict with the City Subdivision
Control Ordinance shall take precedence:
1. Lot sizes shall be a minimum of 9,350 square feet with lot sizes generally
following the lot sizes set out and calculated on the approved Preliminary
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08/08/2003 08 17 FAX 630 553 5764 DANIEL J. KRAMER a 018/028
Plat as set out in the attached Exhibit"C".
2. The minimum front yard set back shall be forty feet (40') and the •
minimum rear yard set back shall be thirty feet(30').
3. The minimum side yard setbacks shall be seven and one half feet(7 'h').
4. The minimum lot width shall be seventy feet (70').
5. The minimum corner lot width shall be ninety-two and one half feet
(92.5').
6. The minimum radius to centerline of horizontal curves of a minor street
shall be ninety feet (90').
7. The minimum roadway width shall be thirty feet (30').
8. The minimum right-of-way shall be sixty-six feet (60'),
C. That the DEVELOPER has agreed to satisfy the City of Yorkville Land/Cash
Ordinance through the contribution of a school site of acres, which shall be
deeded to Yorkville Community School District#115 at the time of recording of
the First Final Plat of Subdivision. In the event the land conveyance does not
totally satisfy Ordinance requirements the OWNER shall pay any excess
contributions due to the Yorkville Community School District #115 in addition of
land contributions for schools in conformance with the City of Yorkville
Land/Cash Ordinance in effect at the date of Final Plat approval as to each
respective phase or unit of the R-2 One-Family Residential District of the
development attached hereto and incorporated herein as Exhibit "H"is a letter
from the Yorkville School District acting to reserve cash in lieu of land
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08/08/2003 08 17 FAX 630 553 5764 DANIEL J KRAMER a 020/028
contribution. For all residential phases of said subdivision,payment of these
contributions shall be made per individual residential dwelling unit concurrent
with and prior to the issuance of the subject single-family building permit.
D. That the DEVELOPER shall pay Dollars ($ )cash
contribution and complete the following on-site improvements to the development
in lieu of land contributions for parks in conformance with the United City of
Yorkville Land/Cash Ordinance in effect at the date of Preliminary Plat approval:
1. The DEVELOPER shall provide acres of permanent open space as
per the approved Preliminary Plat.
E. In order to facilitate said open space maintenance OWNERS/DEVELOPERS shall
form an Illinois Not-For-Profit Corporation and provide an initial estimated
budget, by-laws and assessment terms creating a mechanism for said open space
improvements maintenance prior to or simultaneous with the first Final Plat of
Subdivision being approved by the City Council.
In order to provide for the maintenance of open space and trail areas,
OWNERS/DEVELOPERS agree to execute a consent to the creation of a Special
Tax Service Area and have approved Ordinance encumbering all residential units
of said subdivision, in the event the homeowners association for Caledonia
Subdivision fails to carry out its maintenance responsibilities.
That the development of said property shall be subject to approval of all
Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant
approval by CITY staff or outside review engineering as elected by the CITY and
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08/08/2003 08 17 FAX 630 553 5764 DANIEL J KRAMER 0 021/028
Final Plat approval by the City Council in conformance with the City of Yorkville
Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of
Consultants and of Review Fees Ordinances, City Land-Cash Ordinance, City
School Transition Fee Ordinance, City Development Fee Ordinance and Siren
Fee,which have been voluntarily contracted to between the parties and agreed to
by DEVELOPER as a condition of approval of the Planned Unit Development
Agreement. DEVELOPER, except to the extent varied by this Agreement, the
Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with
all requirements as set out in the United City of Yorkville Zoning Ordinance and
Subdivision Control Ordinance at the time commencement of construction is
initiated. No change in the City of Yorkville Zoning Ordinance, Subdivision
Control Ordinance,City Reimbursement of Consultants and of Review Fees
Ordinance, City School Transition Fee, and City Development Fee, which have
been enacted subsequent to the execution of this Agreement shall alter the lot
sizes, setbacks, 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. Developers, 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.
In the event any modifications or amendments occur in the United City of
Yorkville Subdivision Control Ordinance or other Ordinances of the CITY
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08/08/2003 08 17 FAX 830 553 5784 DANIEL J. KRAMER V1022/028
affecting the subdivision that benefit OWNER/DEVELOPER, said modifications
shall be effective as to the subdivision in the event OWNER/DEVELOPER desire
to take advantage of any modifications or amendments that are enacted by the City
Council after the date of execution of this Agreement.
F. The DEVELOPER shall pay Three Thousand Dollars ($3,000.00) as School
Transition fees per residential dwelling unit in said subdivision, to the Yorkville
Community School District, Two Thousand One Hundred Dollars($2,100.00) in
Development fees per residential dwelling unit to the United City of Yorkville,
and other fees to the United City of Yorkville in conformance with the City
Ordinances or as modified herein. Said Transition, development, and other fees
shall be paid per single-family residence concurrent with and prior to the issuance
of each respective subject single-family building permit. Said fees are being paid
voluntarily and with the consent of OWNER and DEVELOPER based upon this
contractual agreement voluntarily entered into between the parties after
negotiation of this Agreement. DEVELOPER knowingly waives any claim or
objection as to amount of the specific fees negotiated herein voluntarily. No
School Transition Fees, or School-Park Land Cash Fees shall be charged on any
real property zoned for business purposes under the terms of this Agreement.
G. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site
improvements to serve said property with utility and municipal services. The
United City of Yorkville hereby agrees to use its best efforts to assist the
DEVELOPER in the acquisition of easements or permission to use easements
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08/08/2003 08 17 FAX 830 553 5784 DANIEL J. KRAMER a 023/028
from Bristol Township, Kendall County and the State of Illinois.
The actual cost of acquisition of any easement shall be at the expense of
DEVELOPER.
H, That On-Site infrastructure construction and engineering shall be governed by the
standards contained in the Yorkville Subdivision Control Ordinance and other
applicable Ordinances unless specifically addressed in the following, in which
case this Agreement shall control:
1. Roadway right-of-ways,widths of streets, and roadway construction
standards shall comply with the requirements as set out on the approved
Preliminary Plat and each phase of the Final Plat,
2. In the event the CITY requires DEVELOPER to oversize water mains,
sanitary sewer mains, or storm sewer lines,the parties shall enter into a
written agreement specifically providing that said costs shall be
reimbursed by the CITY, or be the subject of a Recapture Agreement and
Recapture Ordinance in favor of DEVELOPER before DEVELOPER is
required to perform any over sizing.
3. Any storm water detention facility constructed on-site shall comply with
the requirements as set out on the approved Preliminary Plat, Preliminary
and Final Engineering Plans approved by the City Engineer.
1. That off-site improvements for the provision of water, sanitary sewer and
other utility and infrastructure services shall be provided by DEVELOPER
according to the City Subdivision Control Ordinance. After the
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08/08/2003 08. 18 FAX 830 553 5764 DANIEL J. KRAMER a,024/028
installation of improvements by DEVELOPER, the United City of
Yorkville shall deliver to the subdivision site potable water characterized
by such minimum flows and pressures as required by the Illinois
Environmental Protection Agency.
2. The CITY agrees to negotiate with DEVELOPER the passage of a
Recapture Ordinance for any off-site sanitary sewer or water main
improvement or on-site sanitary sewer or water main improvement
benefitting future users that are contiguous or within a reasonable service
area of the subject subdivision. Any recapture shall be done by Ordinance
after the CITY has reviewed Engineer's drawings,pursuant to the
Engineer's Estimate of Cost and Actual Cost of the Improvements
submitted by DEVELOPER, and approved by a majority vote of the City
Council.
J. The Annexation and Planned Unit Development being approved, as part of this
Agreement shall be constructed in substantial conformance with the Preliminary
Plat attached hereto and incorporated herein as Exhibit"C". Deviations from this
Agreement shall be allowed only if approved by majority vote of the City Council,
or upon City Engineer's approval as to technical parts of engineering plans.
DEVELOPER further agrees to conform its Final Engineering and Final Plats to
provide the buffering and screening agreed to between DEVELOPER and the
adjoining owners of the subject property.
K. This Agreement shall inure to the benefit of and be binding upon the successors,
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03/08/2003 08 18 FAX 330 553 5764 DANIEL J KRAMER V1025/028
heirs, and assigns of each party hereto.
L. 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 DEVELOPER/OWNER and the CITY.
M. This Agreement shall be binding upon each party hereto in terms of performance
for a period of twenty years. In the event construction is commenced within said
twenty-year period all of the terms of this Agreement shall remain enforceable
despite said time limitation,unless modified by written agreement of the CITY
and DEVELOPER/OWNER.
N. 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.
111 W. Fox, Ste. 3
Yorkville, IL 60560
With a Copy to: United City of Yorkville's Attorney
Law Offices of Daniel J. Kramer
1107A. S. Bridge St.
Yorkville, IL 60560
If to the OWNER/DEVELOPER:
Inland Land Appreciation Fund
c/o Matthew Fiascone
2901 Butterfield Road
Oak Brook, IL 60523
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08/08/2003 08 18 FAX 630 553 5764 DANIEL J. KRAMER V1026/028
Or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
O. 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,
P. 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.
Q. 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 Planned Unit Development/Annexation Agreement after due
public hearing thereon, or to correct any technical defects which may arise after
the execution of this Agreement.
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08/08/2003 08 . 18 FAX 630 553 5764 DANIEL J. KRAMER 12j027/028
IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this
_day of , 20 .
UNITED CITY OF YORKVILLE,
Kendall County, Illinois
By:
MAYOR
Attest:
CITY CLERK
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08/08/2003 08 18 FAX 830 553 5764 DANIEL J. KRAMER 121028/028
OWNER/DEVELOPER:
INLAND LAND APPRECIATION FUND, L.P.,
a Delaware Limited Partnership
By:
Attest:
Dated:
Prepared by:
Law Offices of Daniel J, Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—13—
KOPY KAT COPIER, INC. -hoed
1550 NORTH FARNSWORTH AVENUE, AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855
12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325
August 6, 2003
United City of Yorkville
800 Game Farm Road
Yorkville, I160560
Attn: Traci Pleckham, Finance Director
Dear Traci,
As per our conversation, Kopy Kat Copier, Inc. agrees and guarantees the following:
1. KKC, Inc. will guarantee a response time of 4 hours for service calls.
2. Cost per copy billing-includes all service calls, plus toner and developer as
needed. Paper and staples are excluded. This cost is guaranteed for 3
years. At the end of that time, there will be an increase of 3% for the next
2 years.
3. KKC, Inc. will allow the United City of Yorkville to upgrade or
downgrade equipment during the term of the lease.
Sincerely,
• Bct4od
John Kaufman Joan Boldan
Owner/President Sales Representative
GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP
SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR
LESSOR: GreatAmerica CorporationGreatAmerica Lease Agreement PO Box 609,Cedar Rapids,IA 52406-0609
—- LEASING CORPORATION 625 First Street SE,Cedar Rapids,IA 52401
Lease No. 237244
LESSEE(hereinafter referred to as"You"or"Your")
Full Legal Name
UNITED CITY OF YORKVILLE KENDALL
Address City State Zip County
800 GAME FARM RD YORKVILLE IL 60560
VENDOR(Vendor is riot GreatAmerica's Agent nor is Vendor authorized to waive or alter any terms of this Lease) EQUIPMENT LOCATION (f other than above)
Kopy Kat Copier
TERMS AND CONDITIONS• PLEASE READ CAREFULLY BEFORE SIGNING
DESCRIPTION OF EQUIPMENT LEASED-U See attached schedule for additional equipment
Quantity Type,Make,Model Number and induded accessories Serial#
SEE ATTACHED SCHEDULE A FOR COMPLETE LISTING OF EQUIPMENT
60 MONTHLY RENTAL PAYMENTS OF$ 1586.00 plus tax SECURITY DEPOSIT $ 0.00
PURCHASE OPTION: (CHECK ONE) Q✓ FAIR MARKET VALUE $1.00 or ❑OTHER( %of equipment cost)
LEASE AGREEMENT AND FEES: You (the Lessee Us at the end of the lease term (or any renewal term);2) You breach any other term of this Lease or any other
specified above)want to acquire the above Equipment from timely pay the purchase option;or 3)deliver to Us written agreement with Us, then You will be in default of this
Vendor. You want Us,GreatAmerica Leasing Corporation, notice at least sixty(60)days prior to the expiration of the Lease. If You default,We may require that You pay 1)all
to buy the Equipment and then lease it to You.This Lease term or renewal term, then this Lease will automatically past due amounts under this Lease, and 2) all future
Agreement (this Lease) will begin on the date the renew on the same terms on a monthly basis. "Average amounts owed for the unexpired term,discounted at the
Equipment is delivered to You (or any later date We Saleable Condition" means the Equipment is immediately rate of 6% per annum. Upon a default, We may also
designate).We may charge You a reasonable fee to cover available for use by another lessee without the need of any choose to repossess the Equipment.If We do not choose to
documentation and investigation costs.This Lease is NON- repair. You also agree to reimburse Us for repair costs.If repossess the Equipment, You will also pay to Us our
CANCELLABLE FOR THE ENTIRE LEASE TERM. YOU You are granted a purchase option,and provided You have booked residual value for the Equipment. We can also use
UNDERSTAND THAT WE ARE BUYING THE not defaulted under this Lease, You may purchase the any and all remedies available to Us under the UCC or any
EQUIPMENT BASED ON YOUR UNCONDITIONAL Equipment from Us"WHERE IS, AS IS" for the option other law. You agree to pay all the costs and expenses,
ACCEPTANCE OF THE EQUIPMENT AND YOUR price at the end of the lease term.At the termination of this including attorney's fees,We incur in any dispute related to
PROMISE TO PAY US UNDER THE TERMS OF THIS Lease,if You have not defaulted,your security deposit will this Lease or the Equipment.You also agree to pay interest
LEASE, WITHOUT SET-OFFS, EVEN IF THE be refunded to You without interest.Your security deposit on all past due amounts, from the due date until paid,at
EQUIPMENT DOES NOT WORK PROPERLY OR IS may be commingled with our other assets. You may not the lower of one and one-half percent(1.5%)per month or
DAMAGED FOR ANY REASON,INCLUDING REASONS payoff this Lease in full and return the Equipment prior to the highest lawful rate.
THAT ARE NOT YOUR FAULT.If any amount payable to the end of the lease term without our consent and We may ASSIGNMENT: You have no right to sell, transfer,
Us is not paid when due, You will pay Us a"late charge" charge You,in addition to the other amounts owed under assign or sublease the Equipment or this Lease. We may
equal to: 1) the greater of ten(10)cents for each dollar this Lease, an early termination fee equal to five percent sell, assign or transfer this Lease or our rights in the
overdue or twenty-six ($26.00)dollars; or 2) the highest (5%)of the total amount We paid for the Equipment. Equipment.You agree that if We sell,assign or transfer this
lawful charge,whichever is less. OWNERSHIP, TITLE AND UCC's: Except for any Lease,the new owner will have our rights,but it will not be
NO WARRANTY: We are leasing the Equipment to You software covered by this Lease the"Software",We are the subject to any claim, defense or set-off that You assert
AS IS.We do not manufacture the Equipment and are not owner of the Equipment and have title to it. You appoint against Us or any other party.
related to the Vendor.You selected the Equipment and the Us as attorney-in-fact to execute and file on your behalf, WAIVER OF ARTICLE 2A RIGHTS: You agree that
Vendor,based on your own judgment.You may contact the and at your cost,Uniform Commercial Code(UCC)financing this Lease is a"finance lease"as that term is defined in
Vendor for a statement of the warranties, if any,that the statement(s)to show our interest in the Equipment. Article 2A of the UCC.You hereby agree to waive any and
Vendor or manufacturer is providing.We hereby assign to SOFTWARE: We do not have title to the Software. We all rights and remedies granted to You by Sections 2A-508
You the warranties given to Us, if any. WE MAKE NO are not responsible for the Software or the obligations through 2A-522 of the UCC,including the right to reject or
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING owed by either You or the licensor under any License revoke acceptance of the Equipment.
WARRANTIES OF MERCHANTABILITY OR FITNESS Agreement for the Software. If You properly exercise the MISCELLANEOUS: You agree that this Lease is the
FOR A PARTICULAR PURPOSE, IN CONNECTION purchase option,if any,for the Equipment,You understand entire agreement between You and Us regarding the lease
WITH THIS LEASE. You agree to settle any dispute You that We do not own the Software and cannot transfer it to of the Equipment and supersedes any purchase order You
may have regarding performance of the Equipment directly You. Except as provided in this paragraph,all references to issue. Any change must be in writing and signed by each
with the manufacturer or Vendor. "Equipment"in this Lease includes the Software. party. We may accept a facsimile copy of this Lease as an
EQUIPMENT USE AND REPAIR: You agree the LOSS AND INSURANCE: You will keep the Equipment original. ANY CLAIM RELATED TO THIS LEASE WILL
Equipment will be used for business purposes only.You are fully insured against loss and will obtain a general public BE GOVERNED BY IOWA LAW AND WILL BE
responsible for keeping the Equipment in good working liability insurance policy covering the Equipment and its ADJUDICATED IN A STATE OR FEDERAL COURT
order. Except for normal wear and tear, You are use. You will name Us as loss payee and an additional LOCATED IN CEDAR RAPIDS, IOWA. YOU HEREBY
responsible for any damage or losses to the Equipment.We insured and provide Us with evidence of insurance.If You CONSENT TO PERSONAL JURISDICTION AND VENUE
are not responsible for,and You will indemnify Us against, do not, We may obtain insurance for You and add an IN SUCH COURT AND WAIVE ANY RIGHT TO
any claims, losses or damages, including attorney's fees, insurance fee to the payment amounts due from You. TRANSFER VENUE. EACH PARTY WAIVES ANY
related to your use or possession of the Equipment.IN NO TAXES: You agree that You will pay when due all taxes RIGHT TO A TRIAL BY JURY.
EVENT SHALL WE BE RESPONSIBLE FOR ANY relating to this Lease and the Equipment. If this Lease
CONSEQUENTIAL OR INDIRECT DAMAGES. includes a$1 purchase option,You agree to file any
END OF TERM:If You fail to 1)return the Equipment to required personal property tax returns.
Us in Average Saleable Condition,to a location specified by DEFAULT: If You do not pay any sum by its due date,or
THIS LEASE IS NOT BINDING ON US UNTIL WE SIGN BELOW. THIS LEASE IS NONCANCELLABLE FOR THE FULL LEASE TERM.
LESSOR:GreatAmerica Leasing Corporation LESSEE:(As Stated Above)
By: Date Accepted: X Date:
(Signature) (Signature)
Print Name&Title: Print Name&Title:
UNCONDITIONAL GUARANTY
The undersigned unconditionally guarantees that the Lessee will timely perform all obligations under this Lease. The undersigned also waives any notification if the Lessee is
in default and consents to any extensions or modifications granted to the Lessee. In the event of default,the undersigned will immediately pay all sums due under the terms
of this Lease without requiring Lessor to proceed against Lessee,any other party or the Equipment. The undersigned consents to personal jurisdiction,venue,choice of law
and jury trial waiver as stated in the"Miscellaneous"paragraph above and agrees to pay all costs and expenses,including attorney's fees,incurred by Lessor related to this
guaranty.
X Individually X ,Individually
GALCIPLPO(0802)
r" GreatAmerica LESSOR:
_V GreatAmerica Leasing Corporation®
allign LEASING CORPORATION PO Box 609,Cedar Rapids,IA 52406-0609
625 First Street SE,Cedar Rapids,IA 52401
Schedule A for GreatAmerica Leasing Corporation
LESSEE: CITY OF YORKVILLE
LEASE #:
EQUIPMENT DESCRIPTION
Quantity Description
1 GESTETNER 7502 DIGITAL COPIER SYSTEM w/adf
1 SR-860 FINISHER
1 TYPE 1045 3-HOLE PUNCH
1 TYPE 1075 PRINT/SCAN
1 128 MB
1 CANON 3200 DIGITAL COLOR SYSTEM
1 COLOR READER Cl
1 DAD F-K1
1 CASETTE FEED UNIT-X1
1 SADDLE FINISHER-N2
2 GESTETNER 5502 DIGITAL COPIER SYSTEMS W/ADF
2 SR-870 FINISHERS
2 TYPE 850 3-HOLE PUNCHES
2 TYPE 1055 PRINT CONTROLLERS
2 TYPE 450-E NIC CARDS
2 GESTETNER 3532DSP DIGITAL COPIER S''STEMS
ADF,64MB,20 GB HDD AND DUPLEX INCLUDED
2 SR-880 FINISHERS
2 TYPE 2045 BRIDGE UNITS
1 GESTETNER 2712 DIGITAL COPIER SYSTEM
1 DF-75 DOC FEEDER
1 FAC 20 CABINET
Signature and Title
Date
MAINTENANCE AGREEMENT
Kopy Kat Copier Inc.
1550 N. Farnsworth,Aurora, IL 60505
Phone: (630) 851-9822
Fax: (630) 851-9855
This Agreement constitutes the entire Agreement between the parties with respect to the
furnishing of maintenance service, superseding all previous proposals, oral or written.
No representation or statement not contained herein shall be binding upon KKC's as a
warranty or otherwise, nor shall this agreement be modified as amended unless in writing
and signed by KKC's service manager. Any suit between the parties relating to this
agreement, other than for payment of the maintenance fees due thereunder, shall be
commenced, if at all, within one (1) year of the date that it accrues.
Customer Name: UNITED CITY OF YORKVILLE
Address: 800 GAME FARM
City, State, Zip: YORKVILLE, IL 60560
Phone: 630-553-4350 ID #:
Customer Signature:
Title:
Date:
Make/Model Serial# Amount Term # of Overage
Charged Copies Charge
GS-7502 $.01 3 years
GS-5502 $.01 3 years
GS-5502 $.01 3 years
GS-3532sp $.01 3 years
GS-3532sp $.01 3 years
GS-2712 $.01 3 years
t))Q. Caiiun G3' -$r$1 , 0 I 3 yeas 3yca.r s
Canon C-3200 Color $.08 3 years
Comments: ALL INCLUSIVE AGREEMENT
This agreement excludes paper, staples, & assemblies (see 4a). All printed circuit boards
are excluded if not protected by a Panamax Surge Protector. Any computer/software
related service will be chargeable.
3% increase after first 3 years for remaining 2 years
Meters will be taken and billed quarterly.
Beginning Meter:
Effective Date:
Kopy Kat Copier Representative:
MAINTENANCE AGREEMENT
Kopy Kat Copier Inc.
Kopy Kat Copier(hereinafter referred to as KKC), by its acceptance hereof, agrees to furnish to the named customer, who agrees to
accept, maintenance service as described on the equipment listed on the reverse side of this agreement.
1. This Agreement shall cover a one-year period beginning on the effective date listed and will be automatically renewed for successive
one-year periods at the then current maintenance charge for the Equipment covered until terminated by either party as provided herein.
2. The minimum annual maintenance charge provided for in this agreement shall be due and payable upon receipt of an invoice therefor.
There shall be added to the charges due thereunder an amount equal to any taxes, however designated, levied on such charges or on the
services rendered, supplies, or parts supplied pursuant hereto.
3. Any transfer of equipment covered by this agreement to a customer other than listed or a location outside of KKC's normal service
area, automatically excludes such equipment from the terms of this agreement.Transfer of equipment to a different zone within KKC's
normal service area will result in an adjustment of charges to the applicable rate to the new zone.
4. All routine preventative maintenance and emergency service necessary to keep the Equipment in efficient operating order will be
performed by KKC during its regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday, except holidays)at no cost to
customer, provided that the equipment is in good working order on the date of commencement of this agreement;and provided,further
that such services shall not include the following:
(A)Repairs resulting from causes other than normal use; Customer's willful act; negligence or misuse (including,without limitation, damage
to copier drums and use of supplies or spare parts which do not meet the manufacturers specifications and which cause abnormally
frequent service calls or service problems); non-rebuildable or damaged units: ie. fuser assemblies/units, developer assemblies/units,
drum assemblies/units, etc. may require additional cost.
(B)Repairs made necessary by service performed by personnel other than those of KKC.
(C)Work which customer requests to be performed outside regular business hours.
(D)Shop reconditioning or modification to the equipment except those specified by KKC's service department to assure greater
performance of the equipment.
All of the foregoing shall be invoiced in accordance with KKC's established per call rates and terms then in effect. When, in KKC's opinion,
Equipment because of advance age or usage in excess of the norm, cannot be maintained in good working order through routine
preventive maintenance service, or if work beyond the scope of this agreement is required, it shall submit to customer a cost estimate of
such work. If customer refuses to authorize the same, KKC shall have the right, on ten days written notice to customer to terminate service
under this agreement as to any terms of Equipment, in which event charges will be prorated and KKC will refund the unearned portion of
any amount prepaid thereunder.
KKC shall have the right to substitute equivalent equipment at any time during the term hereof, and removed parts replaced by KKC shall
become the property of KKC. KKC shall have full and free access to the Equipment to provide service thereon.
5. Maintenance service provided under this agreement shall not include consumable supplies including but not limited to paper, developer;
staples, toner, drums, oils, ink, masters and all parts needing replacement as the result of any causes other than ordinary use as intended
by the manufacturer.All Inclusive Agreements will include toner, developer and PCU's. EXCEPTION: Installation of user installable
supplies such as toner,drums, PCU's, staples, waste toner bottles, is not included in these agreements.
6. Consumable products such as toner, developer, ink, drums, oils &staples not supplied by KKC will void maintenance contract or
guarantee.
7. This agreement may be terminated effective at the end of the first year or each year thereafter by either partywithout incurring any
liability to the other party, provided thirty (30) days advance written notice of termination is given to the other party. Notwithstanding the
above, either party may terminate without notice upon occurrence of a material breach of this agreement.
8. KKC's obligation and warranties under this agreement are in lieu of(A) all other warranties, expressed or implied, including implied
warranties of merchantability and fitness for a particular purpose, and (B) all other obligations or liabilities for damages, including, but not
limited to, personal injury of property damage (unless caused by dealer's negligence), loss of profit or other consequential damages,
arising out or in connection with this agreement of the maintenance service performed thereunder, nor shall KKC be responsible for delays
or inabilities or other reason of a similar nature beyond its control.
9. All covered equipment must be protected by a Panamax surge protector.
KOPY KAT COPIER, 1550 N. FARNSWORTH, AURORA, IL 60505
Leasing Services 06/10/2003 8 : 26 PAGE 1/1 Leasing Services
GreatAm.erica-
MMIRL'ASIMG CORPORATION
HARD WORK * INTEGRITY + EXCELLENCE
LESSOR: GreatAmerica Leasing Corporation
P.O. Box 609
Cedar Rapids, Iowa 52406-0609
NON-APPROPRIATION OF FUNDS ADDENDUM
Tis Addendum will become part of that certain Lease Agreement # �-3? a l''))
Li dated as of
.i 7 Z00 "A reeme ") n between Lessor and
e, u �-; - C`. 0 101Z0 i I I ("Lessee"). All
capitalized terms used in this Addendum whi h are not defined herein shall have the meanings given
to such terms in the Agreement.
You hereby represent and warrant to Us that as of the date of the Agreement, and throughout the
Agreement Term: (a) the individual who executed the Agreement had at the time of execution of
the Agreement full power and authority to execute the Agreement; and that all required procedures
necessary to make the Agreement a legal and binding obligation of the Lessee have been followed;
(b) the Equipment is essential to the immediate performance of a governmental or proprietary
function by You within the scope of Your authority and shall be used during the Agreement Term
only by You and only to perform such function; (c) that all payments due and payable for the
current fiscal year are within the current budget and are within an available, unexhausted and
unencumbered appropriation.
In the event You are not granted funds in future fiscal years for the Equipment subject to the
Agreement or for equipment which is functionally similar to the Equipment and operating funds are
not otherwise available to You to pay-the Rent and other payments due under the Agreement, and
there is no other legal procedure or available funds by or with which payments can be made to Us,
and the appropriation did not result from an act or omission by You, You shall have the right to
return the Equipment in accordance with the section in the Agreement titled, Location, Inspection
and Return :�f Equipment and terminate the Agreement on the last day cf the fiscal period for which
appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your
legal counsel shall certify in writing that (a) funds have not been appropriated for the next fiscal
year; (b) such non-appropriation did not result from any act or failure to act by You; and (c) You
have exhausted all funds legally available for payment of Rent. If you terminate the Lease because
of non-appropriation of funds, You may not purchase, lease or rent, during such fiscal period,
equipment performing functions similar to those performed by the Equipment for a period of twelve
(12) months.
LESSOR: LESSEE:
GREATAMERICA LEASING CORPORATION
By: By: I
Printed Name: Prritted Names
Title: :Title:
Date: Dater
Jun . 10. 2003 9 : l4AM No • I961 P.111.411..
3
GreatAmerica-
E,• GreatAmerica Leasing Corporation Telephone 800-2348787
LEASINp cellor.•YroN Fax 888-850-0067
'Luiz,won • INTEGRITY • Exclasrmce•
Credit Application
VENDOR To improve response time, may we contact I es.ee Directly? Yes f •No ❑
Name Fax 4 Phone#
E-Mail
City,State Address
Vendor Contact Vendor Number
LESSEE
Company Name Phone 4
Address City State Zio
E-Mail
Contact Name Address
❑Partnership
❑Corporation: Date Incorporated ,State ❑Proprietorship No.of Employees
Business Nature Year Established
•
PER$QNAL DATA on Major Stodchorf
lders;•P� neFs Or Prgrietor ...._.::_• ::• -.,,.•
PERSONA' INFORMATION 15 REWIRED FOR ALL CORPORATIONS IN auSwts5 LESS THAN TWO YEARS HAVING FEWER-THAN IS EMPLOYEES AND ALL PARTNERSHIPS OR PROPRIRORsHIeS.
Name Tide Home Address Social Security 4
1.
2.
BM_1K fZ��IVCES(Two-Year Histoy� _ - - --•
Name City/State Phone A Contact Account
1.
2.
•
LEASE/LOAN REFERENCES
Name City/State Phone N Contact Account#
1.
2.
r t
Quantity Description Model# New or Used
LEASE TERMS - : • '.. _ • • .. ..1
Term of Lease fIn Months) Eouioment Cost S
Rate Factor Installation
Payment Amount S Other
Lease Plan Taxes -
Security Deposit S Total Cost S
I hereby authorize GreatArnerica or any credit bureau or ourcr invesogatvee agency employed by GreatAmenee to invcsogate the references herein listed or statements or other
data Obtained Porn Inc or from any other person pertaining is my business and/or personal credo and Anoneiai responsibility.
Date Signature/710e
DISCLOSURE OF RIGHT TO REQUEST SPECIFIC REASONS FOR CREDIT DENIAL GIVEN AT TIME OF APPLICATION
If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To
• obtain the statement, please contact GreatAmerica Leasing Corporation, 625 Y` St SE, Cedar Rapids, Iowa 52401 (319-365-8000)
within 60 days from the date you are notified of our decision. We will send you.a yvritten statement of reasons for the denial within 30
days of receiving your request for the statement.
GALC(0102)
KOPY KAT COPIER, INC. INVOICE #
RETAIL PURCHASE AGREEMENT
1550 N. Farnsworth Avenue 12 E. Main St.
Aurora, Illinois 60505
Plano, Illinois 60545
(630) 851-9822 (630) 552-0320
(630) 851-9855 FAX ,.yam FAX: (630) 552-0325
�
Date: e / /),� Installation Date: / l •
e_46 ,(4:_x/aj
BILL T • !!! / / SHIP T9::�/
NAME ,% /. NAME (/GC��
o / ' /
ADDRESS OD1----LAIA
D I i / ADDRESS
./r /,� 11 a:,
', ONE ,_3o 4;3 - 4/�-�0 5(J PHONE
ATTNI\AA.- �.iC_ e%C%,tt•//� - ATTN:
HRS FRT. ELEV. YES NO STAIRS YES NO METER
QUANTITY SERIAL NUMBER ID# DESCRIPTION PRICE
/ .I' 7o 12/2jedi
1 /At g L r1 -,`/
(: .0 , moa ..,d.
/ . fes . /47/A - e-
LESS: DISCOUNT/TRADE IN
SUB-TOTAL
TAX
INSTALLATION/SET-UP FEE
SERVICE CONTRACT
FINAL PRICE
SPECIAL CONSIDERATIONS:
1 cc
LEASE PRICES: 1 yr. 2 yr. 3 yr. 4 yr. 5 yr./ lo • Buyout
MANUFACTURERS WARRANTY
30 DAY 60DAY 90 DAY OTHER
I authorize the above purchase or lease of the described equipment and/or supplies,and agree to accept terms of agreement.
0Cancellation of this agreement will result in a 20%restocking fee.I have read and understand all information on this agreement.
Aut ' d Purchase Date
Kopy Salesperson Date
08/05/2003 12:10 FAX 630 221 0118 WILLIAMS DEVELOPMENT 02002
Williams Development, Ltd. CHANGE ORDER REQUEST
No. 00011
450 Gunderscn Phone: (630)221-0671
Carol Stream,IL 60188 Fax: (630)221-0118
TITLE: CONCRETE FOUNDATIONS DATE:8/5/03
PROJECT:Yorkville City Offices and Police JOB: 22009
TO: Attn: Mayor Prochaska CONTRACT NO:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60530
Phone: 630 553-4350 Fax: 630 553-7575
RE: To: From: Number:
DESCRIPTION OF PROPOSAL
Furnish and install cast auger piles per the revised drawings dated July 21,2003 due to poor soil conditions as descriped in the report
prepared by Testing Service Corporation. This price does not include any testing of the auger piles.
Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount
1 Furnish and install additional 1.000 I 523,687.00 0,00% $0.00 $23,687.00
foundations due to poor soil
conditions
2 WDL general Conditions 1.000 1 $2,842.44 0.00% $0.00 $2,842.44
(23,687.00 x 15%00)
3 WDL Overhead&Profit 1.000 1 $710.61 0.00% $0.00 5710.61
(23,687.00 x 15%x.20)
Unit Cost: $27,240.05
Unit Tax: $0.00
Lump Sum: $0.00
Lump Tax: $0.00
Total: $27,240.05
•
APPROVAL:
By: 4, ii.. ., - By:
John P. Caputo Mayor Prochaska
Date: g.S O2 Date: _
Expedition al
08/08/2003 08 23 FAX 830 553 5784 DANIEL J KRAMER a 003/008
RESOLUTION NO.: 03-
RESOLUTION AUTHORIZING THE MAYOR AND THE POLICE CHIEF OF THE
UNITED CITY OF YORKVILLE TO TWO ADDITIONAL
POLICE DEPARTMENT PERSONNEL PURSUANT TO THE
ENACTMENT OF ORDINANCE
WHERAS, the population of the United City of Yorkville has grown substantially in
recent years and is projected to continue to grow at a rapid pace; and
WHEREAS,_the Mayor and the City Council of the United City of Yorkville passed
Ordinance-"'-' s loch provided for the annexation of certain real property into the United City
of Yorkville; and
WHEREAS, pursuant to the Grande Reserve Annexation Agreement, the Developer
agreed to provide funding for two additional United City of Yorkville Police Department
Personnel due to the expansion of the United City of Yorkville boundaries; and
WHEREAS,the Mayor and the City Council of the United City of Yorkville deem it to
be in the best interest of the City to employ a Police Force capable to respond to the needs of the
Community; and
WHEREAS,the Mayor and the City Council of the United City of Yorkville have
carefully considered the addition of two United City of Yorkville Police Department Personnel,
and deem it to be acceptable and in the best interest of the City;
THEREFORE BE IT RESOLVED by the United City of the Village of Yorkville:
The City authorizes the Mayor, Police Chief, and Public Safety Committee to commence the
application process for two additional United City of Yorkville Police Department Personnel.
PASSED AND APPROVED this day of , 2003.
MAYOR
ATTEST:
CITY CLERK
•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
HELD IN THE BEECHER COMMUNITY BUILDING, DRAFT
AUSTIN ROOM,908 GAME FARM ROAD,
ON TUESDAY,JULY 22,2003.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward H Burd Present
Kot Present
Ward III Munns Present
Ohare Present
Ward IV Besco Present
Spears Absent
Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City
Attorney Dan Kramer,Police Chief Martin,Executive Director of Parks&Recreation Brown,
Finance Director Pleckham and Director of Public Works Dhuse.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance
sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Sticka requested that the approval of the final plats for Heartland Circle Unit 1 and
Raintree Village Unit I be moved from the Economic Development Committee Report to the
Consent Agenda.
Alderwoman Burd requested that the resolution creating the position of Engineering Assistant and
the resolution approving the revised job description for the position of City Engineer be removed
from the Consent Agenda and placed on the agenda under the Administration Committee Report.
City Attorney Kramer asked that the ordinances pertaining to the public hearings be added to the
Consent Agenda for approval as long as there are no revisions or negative public comments
voiced at the public hearing. The Council agreed.
Alderman Besco requested that the approval of the Park Master Plan be moved from the Public
Works Committee Report to the Consent Agenda. Alderman Kot asked if the language he
requested regarding the older parts of town was added to the plan and Administrator Graff stated
that this had been done.
Mayor Prochaska requested that#2 on the Consent Agenda,the resolution for Kendall County
Hydro Geologic Resource Assessment,be tabled until it is determined if the Illinois
Environmental Protection Agency will allow the City to use this toward the radium issue.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,July 28,2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,August 21,2003
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 P.M.,Thursday,August 14,2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
The Minutes of the Regular Meeting of the City Council—July 22,2003-page 2
Public Safety Committee 6:30 P.M.,Thursday,July 24,2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:30 P.M.,Tuesday,July 29,3003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M.,Monday,August 18,3003
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
Mayor Prochaska entertained a motion to go into public hearing for:
1. Zoning Text Amendment for B-1 District to Allow Office District Use
2. Zoning Text Amendment to Allow Special Use for Antique Store in R-1 One Family
Residence District
So moved by Alderman Besco;seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-7 Nays-0
Qhare-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Sticka-aye
Zoning Text Amendment for B-1 District to Allow Office District Use
City Attorney Kramer explained that a B-1 District is traditionally a downtown office district or a
neighborhood business district. The City permits professional offices within either. This item is
a"clean-up"of the existing ordinance requested by the Building Department. The amendment
will allow any office use that is permitted in the office district in a B-1,B-2 or B-3 District.
There were no comments from the public. There were no comments from the Council.
Zoning Text Amendment to Allow Special Use for an Antique Store
in R-1 One-Family Residence District
City Attorney Kramer explained that this amendment adds an antique district in R-1 and estate
districts. This permits older buildings to be used for antique stores.
There were no comments from the public. There were no comments from the Council.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Sticka;seconded by Alderman James.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Sticka-aye,Ohare-aye
CITIZEN COMMENTS
None
PRESENTATIONS
None
CONSENT AGENDA
1. Ordinance 2003-40—Amending Title 10,Chapter 6 Article B Section 5 of the
Yorkville City Code(R-2 One Family Residential District—Lot.Coverage for R-2
Zoning District)-Authorize Mayor and City Clerk to execute
2. Resolution 2003-27—Authorizing Payroll Check Emergency Signatories-
3. Resolution 2003-28—Approving the Heartland Center Unit 1 Final Plat-Authorize
Mayor and City Clerk to execute
4. Resolution 2003-29—Approving the Raintree Village Unit 1 Final Plat-Authorize
Mayor and City Clerk to execute
5. Ordinance 2003-41—Amending Titlel0,Chapter 7,Article B Section 1 (B-1
Limited Business District Permitted Use Zoning Amendment)-Authorize Mayor and
City Clerk to execute
6. Ordinance 2003-42- Amending Titlel0,Chapter 6,Article 6A,Section 2(Historic
Preservation of Structures within the R-1 Estate Class One-Family Residential—
Antique Store Use)-Authorize Mayor and City Clerk to execute
7. Park Master Plan
The Minutes of the Regular Meeting of the City Council-July 22,2003-page 3
Mayor Prochaska entertained a motion to approve the Consent Agenda as corrected. So moved
by Alderman Sticka;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Kot-aye,Mut-ins-aye,Sticka-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings
from June 24,2003 and July 8,2003;seconded by Alderman Sticka.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated July 17,2003 totaling the following amounts:checks in the amount of
$537,977.28(vendor)and$121,620.09(payroll period ending 07/16/03)for a total of
$659,597.37;seconded by Alderman Sticka.
Mayor Prochaska noted that the amounts for approval were different than those listed on the
agenda. The Council received a memo from Accounting Clerk Kim King revising the figures to
reflect a manual check for the Police Department petty cash.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Sticka-aye,Ohare-aye
REPORTS
MAYOR'S REPORT
Swearing In of Officer Sarah Cernekee and Officer Robbie Hart
•
Mayor Prochaska swore in new police officers, Sarah Cernekee and Robbie Hart along with Chief
Martin and Police Commissioner Bob Johnson. He welcomed them to the force.
Proclamation for National Night Out
Mayor Prochaska read a proclamation for the National Night Out on August 5,2003. See
attached. He entertained a motion to ratify the proclamation. So moved by Alderman Kot;
seconded by Alderman Sticka.
Motion approved by viva voce vote.
ATTORNEY'S REPORT •
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Administrator Graff noted that the Council received sign-off documentation from all the
consultants with regards to the Grande Reserve annexation. All members of the staff recommend
the approval of the annexation subject to review of the revisions to the exhibits.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
No report.
The Minutes of the Regular Meeting of the City Council-July 22,2003-page 4
EXECUTIVE DIRECTOR OF PARKS&RECREATION
Executive Director of Parks&Recreation Laura Brown noted that the Parks fall brochure would
be mailed in the next week.
COMMUNITY&LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(Ordinance)2003-43 Annexation of the CorLands Property
A motion was made by Alderman Sticka to approve an ordinance annexing properties to the
United City of Yorkville,Kendall County,Illinois known as the CorLands Property;seconded by
Alderman James.
Mayor Prochaska noted that this is for approximately 90-acres along the Blackberry Creek on the
north side of Yorkville.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Sticka-aye,Besco-aye
(Ordinance)2003-44 Authorizing the Execution of Annexation and
Planned Unit Development for Grande Reserve
A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of the
Annexation and Planned Unit Development Agreement of MPI-2 Yorkville North,L.L.C.,MPI-2
Yorkville Central,L.L.C.and MPI Yorkville South,L.L.C.(developers),Suburban Bank&Trust
Company Trust#74-3216,Isenstein-Pasquinelli,L.L.C.,Moser Enterprises,Inc.Inland
Appreciation Fund,L.P.,Dale Konicek and Wayne and Lois Konicek(owners)known as the
Grande Reserve Plan and authorize the Mayor and City Clerk to execute the agreement subject to
staff and legal review of the final exhibits for confirmation of the exhibits;seconded by Alderman
Besco.
Mayor Prochaska noted that this annexation has taken two years of work to get to this point.
Alderman Sticka stated that there have been approximately 100 meetings between staff and the
developers.
Alderman Sticka asked the developer if local builders would be able to acquire lots so they could
participate in the development of the community. Art Zwemke with Moser Enterprises stated that
the development will have different lot sizes so there will be variety and different builders. As an
example,he cited their project Grande Park in Plainfield where there are thirty-four different
builders;thirty are small local builders. Alderman Sticka clarified that this is not in the
agreement but rather their way of doing business and Mr.Zwemke stated yes. Alderman Sticka
asked if a whole"pod"would be sold to just one developer and Mr.Zwemke stated that this was
unlikely. A neighborhood might be sold to a single builder who would put in the local streets and
underground work however MPI would still be responsible for the mass grading,storm sewers,
water,etc.for the entire acreage.
Alderman Sticka stated that there are ordinances pending such as an appearance ordinance. He
asked if the developer would be willing to abide by ordinances passed after this agreement is
passed tonight. Mr.Zwemke stated that there is a provision in the agreement which indicates that
as a neighborhood is built,overriding ordinances will be complied with. Not only will they equal
what is required,they will try to exceed it. Alderman Sticka noted that this is not only being
asked of Grande Reserve but all developments coming before the Council. Mr.Zwemke stated
that they like the high standards in Yorkville and anything that creates or maintains those
standards will be followed.
Alderman Kot stated that this is probably the most important vote that anyone on the Council will
make as far as the impact it will have on the community. He stated that he has asked many
questions and had some concerns and he is pleased with the way the developers have worked with
the City. He noted that he is not excited about the apartments but he was given reassurances that
they will be high quality and something Yorkville will be proud of. He stated that he thought it
was important for the developer to continue working with the community.
The Minutes of the Regular Meeting of the City Council-June 24,2003-page 5 .
Mr.Zwemke stated that the developer looks forward to working with the City and he thanked the
City staff and elected officials for the amount of time and effort that has gone into the project. He
stated that he wanted everyone to be proud of the agreement.
Alderman Besco stated that he was compiling his copies of documents relating to the Grande
Reserve. He noted that the stack was about a foot high. He stated that this was a difficult
agreement to reach and he praised the staff and the developer for working together.
I, 5
Mayor Prochaska stated that there have been many concerns and issues brought up by the
7 Council,staff and residents during the two years of working on the agreement. He noted that the
developers have addressed and tried to resolve them. He stated that the Council,Plan
Commission,City staff and Parks&Recreation Department have tried to make sure that this is
for the good of the community. He thanked everyone for their work.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye,Sticka-aye,Besco-aye,Burd-aye
(Ordinance)2003-45 Annexation of Grande Reserve Property
A motion was made by Alderman Sticka to approve an ordinance authorizing annexing the
property to the United City of Yorkville known as the Grande Reserve Plan as stated in the
previous motion;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Munns-aye,Ohare-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye
(Ordinance)2003-46 Authorizing the Execution of an Amendment to the
Annexation Agreement,Annexation Agreement and
Planned Unit Development Agreement for Menard's Residential
A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an
amendment to the Annexation Agreement,Annexation Agreement and Planned Unit
Development Agreement of Menard,Inc.,a Wisconsin Corporation and authorize the Mayor and
City Clerk to execute the agreement subject to staff and legal review of the final exhibits for
confirmation of the exhibits;seconded by Alderman James.
Administrator Graff stated that there are three points of interest:
• The exhibit for the Kennedy Road realignment which was included with the previous
documents was omitted in error.Attorney Kelly Kramer has spoken with the developer
and confirmed that this will be added.
• The agreement notes a 1 V2-acre parcel is being given to the Bristol-Kendall Fire
Department(BKFD)in exchange for one half of the fees due BKFD.The developer will T
pay$150.00/building versus$300.00/building.
• BKFD has asked if they may use detention on the Menard's residential and commercial
site and if the developer would rough grade the parcel. The developer has agreed to these
requests.
The additional language to cover these items will be added to the agreement before it is executed
by the Mayor and City Clerk.
Kevin Biscan with Smith Engineering,representing the developer,verified that the Kennedy
Road exhibit has already been prepared but was overlooked for some reason and the developer
has agreed to the BKFD's requests.
Alderwoman Ohare asked for clarification that the zoning west of McHugh will be multi-family
and east will be single-family. Mayor Prochaska clarified this.
Alderman Sticka commented that BKFD waived approximately$64,800.00 in fees in exchange
for the site. He noted that it seems an appropriate location. Administrator Graff stated that
BKFD negotiated with the developer for the site and is happy with it.
Motion approved by a roll call vote. Ayes-7 Nays-0
Munns-aye,Ohare-aye, Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye
(Ordinance)2003-47 Annexation and Zoning of Menard's Residential
A motion was made by Alderman Sticka to approve an ordinance annexing the Menard's
properties to and zoning real property pursuant to an annexation and Planned Unit Development
Agreement with the United City of Yorkville,Kendall County,Illinois known as the Menard's
property;seconded by Alderwoman Burd.
The Minutes of the Regular Meeting of the City Council-June 24,2003-page 6
Motion approved by a roll call vote. Ayes-7 Nays-0
Ohare-aye, Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,
(Ordinance)2003-48 Authorizing the Execution of an Annexation and
Planned Until Development Agreement
for the of Walter Morrissey Property
A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an
Annexation and Planned Unit Development Agreement of Northern Trust Bank as Trustee under
Trust Agreement dated September 11, 1978 and known as Trust No.TH00182 Owner of Record
and to authorize the Mayor and City Clerk to execute the agreement subject to staff and legal
review of the final exhibits for confirmation of the exhibits;seconded by Alderman James.
Alderman Sticka clarified with Walter Morrissey,owner of the property,that currently there is no
particular use set for the property. Mr.Morrissey agreed.
City Attorney Dan Kramer noted that twelve years ago the City had a major sewer and water
project on the south side of town and Mr.Morrissey gave the City easements for the project at no
cost.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye
(Ordinance)2003-49 Annexation of Walter Morrissey Property
A motion was made by Alderman Sticka to approve an ordinance annexing properties to the
United City of Yorkville,Kendall County,Illinois known as the Morrissey property;seconded by
Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye
Mayor Prochaska noted that the three developments have been annexed and zoned and they will
come back before the Plan Commission and Council at some future time for the approval of final
plats.
Alderman Sticka reiterated that the Mayor will not execute the documents until he is satisfied that
the staff has completed their review.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
(Resolution)2003-30 Creating Position of Engineering Assistant
A motion was made by Alderman James to approve a resolution creating a position of
Engineering Assistant;seconded by Alderman Kot.
Alderwoman Burd asked on behalf of Alderwoman Spears if specific changes,recommended by
the Administration Committee,were made to the description. She went over the items with
Mayor Prochaska and verified that the changes were made on the July 22,2003 revision of the
job description attached to the resolution. The Council did not receive the revision so Mayor
Prochaska suggested approving the resolution specifying the July 22,2003 draft of description.
Alderman Kot withdrew his second.
A motion was made by Alderman James to approve a resolution creating a position of
Engineering Assistant with the job description dated July 22,2003;seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye
(Resolution)2003-31 Revised Job Description for City Engineer
A motion was made by Alderman James to approve a resolution approving the revised job
description for the position of City Engineer;seconded by Alderwoman Burd.
Alderwoman Burd went over revisions suggested by Alderwoman Spears. Mayor Prochaska
verified that the revisions were made on a July 22,2003 draft(the Council did not receive a copy)
and he also made a grammatical correction to the draft.
Alderwoman Burd withdrew her second.
The Minutes of the Regular Meeting of the City Council-June 24,2003-page 7
A motion was made by Alderman James to approve a resolution approving the revised job
description for the position of City Engineer using the draft dated July 22,2003 and the
comments on grammatical changes;seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Munns-aye,Sticka-aye
Alderwoman Burd thanked Alderwoman Spears for taking the time to go over things while she is
recuperated.
ADDITIONAL BUSINESS
Subdividing Lots
Alderman James asked for information regarding property owners dividing lots. He asked what
the protocol was for this and City Attorney Kramer stated there are several ways to do it. He
suggested that the property owner contact Administrator Graff or Building Inspector Bill Dettmer
to see what applies to the parcel. The Council gets involved if they are asked to approve a
subdivision plat or if the Building Department has denied a building permit due to the need for a
variance.
Countryside Parkway
Mayor Prochaska noted that Countryside Parkway between Routes 34 and 47 is now opened.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for:
1. The collective negotiation matters between public employers and their employees or
representatives.
2. For the purchase or lease of real property for the use of the public body.
He asked that the City Clerk,City Treasurer,City Administrator,City Attorney and Building
Inspector Bill Dettmer be included in the session. He stated that he anticipated action being taken
after the end of the session. So moved by Alderman Sticka;seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-7 Nays-0
Ohare-aye,Besco-aye,Burd-aye,James-aye Kot-aye,Munns-aye,Sticka-aye
The regular session broke at 8:03 P.M.The Council took a ten minute break.
The City Council returned to regular session at 10:40 P.M.
Well Site Sale
Mayor Prochaska entertained a motion to authorize the City Attorney to draw up a contract,pull
down title and order a survey for the well site property owned by the United City of Yorkville
west of Eldamain Road for sale to the City of Plano in the amount of$142,000.00. So moved by
Alderman Sticka;seconded by Alderman James
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye, Sticka-aye,Besco-aye
Police Chiefs Employment Agreement
Mayor Prochaska entertained a motion to enter into an agreement with the Police Chief Harold O.
Martin III and the United City of Yorkville. So moved by Alderman Kot;seconded by Alderman
Sticka.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye, Sticka-aye,Besco-aye,Burd-aye
Executive Director of Parks&Recreation's Employment Agreement
Mayor Prochaska entertained a motion to enter into an agreement with the Executive Director of
Parks&Recreation Laura J.Brown and the United City of Yorkville. So moved by Alderman
Sticka;seconded by Alderman James.
Mayor Prochaska noted that the contracts take include salary schedule adjustments along with a
5%merit and cost of living increase.
Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1
Kot-aye,Munns-aye,Ohare-aye, Sticka-aye,Besco-present,Burd-aye,James-aye
The Minutes of the Regular Meeting of the City Council-June 24,2003-page 8
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Ohare;seconded
by Alderman Sticka.
Motion approved by a viva voce vote.
Meeting adjourned at 7:45 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
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WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique,
nationwide crime, drug and violence prevention program on August 5, 2003 entitled "National
Night Out"; and
WHEREAS, the "20`h Annual National Night Out" provides a unique opportunity for the
United City of Yorkville to join forces with thousands of other communities across the country
in promoting cooperative, police-community crime prevention efforts; and
WHEREAS, the Citizens Police Academy Alumni plays a vital role in assisting the
Yorkville Police Department through joint crime, drug and violence prevention efforts in the
United City of Yorkville and is supporting "National Night Out 2003" locally; and
WHEREAS, it is essential that all citizens of the United City of Yorkville be aware of the
importance of crime prevention programs and impact that their participation can have on
reducing crime, drugs and violence in the United City of Yorkville; and
WHEREAS, police-community partnerships, neighborhood safety, awareness and
cooperation are important themes of the "National Night Out"program;
NOW, THERFORE I, Mayor Arthur F. Prochaska, Jr., do hereby call upon all citizens of
the United City of Yorkville to join the Citizens Police Academy Alumni and the National
Association of Town Watch in supporting "20`h Annual National Night Out" on August 5, 2003.
FURTHER, LET IT BE RESOLVED THAT I, Mayor Arthur F. Prochaska, Jr., do
hereby proclaim Tuesday, August 5, 2003 as "NATIONAL NIGHT OUT" in the United City of
Yorkville.
Mayor Arthur F. Prochaska, Jr.
Page 1of10
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE DRAFTMAY 6, 2003
7:00 P.M.
MEMBERS PRESENT:
Mayor Art Prochaska Alderman Mike Anderson
Alderman Joe Besco Alderman Paul James
Alderman Larry Kot Alderman Munns
Alderwoman Rose Spears Alderman Richard Sticka
City Clerk Jackie Milschewski City Treasurer Bob Allen (left at 8:45)
CITY STAFF PRESENT:
City Administrator Tony Graff City Attorney Kelly Kramer
Police Chief Harold Martin City Attorney Dan Kramer(arrived 8:15)
Finance Director Traci Pleckham Public Works Director Eric Dhuse
Director of Parks & Recreation Laura Brown
GUESTS:
See attached list.
OLD BUSINESS
City Hal/Police Department Bid Award & Construction Schedule with Finance
Plan
As requested at the April 15, 2003 Committee of the Whole (COW) meeting,staff
researched a back-up plan for the financing of the building renovation. Finance Director
Pleckham contacted local banks which recommended a construction loan for one year
with no prepayment penalty. Administrator Graff stated that the City will be getting
around $300,000.00 in funds without the Moser property. The cost for the project is
estimated at $750,000.00 to $800,000.00. Finance Director Pleckham's recommendation
is for the City to get a construction loan in the amount of approximately$525,000.00.
The loan is not a line of open credit that can be drawn upon when needed. The whole
amount is given the City but can be prepaid as annexations are done and payment from
developers is received. The monthly payment had not been determined because the exact
amount of the loan needed has not been determined. This will be determined once bids
for the project are received. Ms. Pleckham noted that the minimum payment would be
interest only and due quarterly. Mr. Graff estimated the interest payment at around
$25,000.00 and stated that if new development does not develop as planned there are
funds in the budget under contingency to pay this. The loan may not even be needed if
the payments come in before the funds are needed. Bids are scheduled to be awarded at
the May 13, 2003 City Council meeting and the first payouts probably won't be until July
2003. There are funds available for this first payout without the loan.
The awarding of the bids was placed on the agenda for the May 13, 2003 City Council
meeting.
Page 2 of 10
NEW BUSINESS
Geographic Information Study (GIS)—EEI Proposal
Requests for Proposals were sent to five consultants. Four responded however the staff
narrowed it down to two firms, Engineering Enterprises, Inc. (EEI) and Walter Deuchler
& Assoc. After making presentations to the Public Works Committee, EEI was selected.
Funds for the study are in the budget. City Attorney Dan Kramer did not have a chance
to review the contract yet.
This item was placed on the May 13, 2003 City Council meeting consent agenda pending
legal review.
Caledonia Subdivision and Fisher Property—EEI Review Service Proposals
The engineering review for these projects has been turned over to EEI by the City
Engineer Joe Wywrot. The contracts are similar to those used before in similar
circumstances. Both properties are along the Rob Roy Creek and involved in the Rob
Roy Creek flood plain that EEI is working on and both developers have agreed to this.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
PC 2002-06 Westbury Village -Annexation and Rezone
Mr. Graff reported that the developer has resubmitted their plans since the Plan
Commission meeting and the Economic Development Committee(EDC)meeting. Mike
Schoppe was unable to get a written report to the Council however he spoke with Mr.
Graff and Alderman Sticka. Mr. Schoppe stated that the developer has now complied
with the Comprehensive Land Use Plan and the concept plan meets all of Mr. Schoppe's
recommendations. The multifamily area has been removed and the lot sizes have been
increased to 12,000 square feet and 10,000 square feet backing up to open space. There
are approximately 40-50 lots that are 10,000 square feet.
Mr. Graff stated that the annexation agreement should be done by May 8, 2003 with a
public hearing on May 27, 2003 at the City Council meeting. The developer's attorney,
Sanford Stein, is currently working with Attorney Kramer on the annexation agreement.
Alderman Sticka stated that at the EDC meeting it was discussed that the development
abuts a composting operation. The concern was expressed that the City would not want
future residents objecting to odors from the operation. At the EDC meeting the developer
made assurances that the purchasers of the property would be made aware of the
composting business. Attorney Kramer stated that there would be language similar to the
right to farm language placed on the plat. Mayor Prochaska requested that this is
specified on the plat. The Council further discussed the composting operation and the
possibility that it would only be in business for another year due to the rezoning of the
area. Alderman Sticka also noted that there is an asphalt plant in the area and this
probably also should be noted.
Page 3 of 10
Alderman Sticka noted that the engineering was not done on the detention areas and Mr.
Schoppe informed him that if detention requires more space the developer may lose some
lots.
The annexation agreement was placed on the May 20, 2003 COW meeting for review
before the public hearing scheduled May 27, 2003.
Ordinance Amending Liquor Control Ordinance
Alderman Anderson reported that this item had been through the Public Safety
Committee (PSC). The owners of Vine & Vat Liquors were in attendance because they
caught that the City did not incorporate their liquor license class in the ordinance change
regarding sampling and/or tasting. The ordinance has now been revised with their input.
The revision is to Title 3, Chapter 3, Article 4, section(B) which covers things such as
the number of bottles can be out for a tasting, number of times per week a sampling by be
held, samples/tastes are limited to beer, wine and liquors, samples/tastes are limited to
four ounces or less, etc. The amendment also allows the establishment to apply to the
Liquor Commissioner for a variance for a special event. The ordinance was
recommended for approval by the PSC.
Alderman Sticka noted that the sampling/tasting for beer and wine is limited to 4 ounces.
There is no quantity given to a sampling of liquor. Attorney Kramer stated that the
original ordinance specified a 2 ounce sample. The owners of Vine &Vat noted that
their samplings are %2 to 1 ounce. Attorney Kramer stated she would make a change to
the ordinance to state that a sample of liquor will not exceed one ounce.
Alderman Anderson thanked the owners of Vat& Vine for their input and they thanked
the Council for considering the changes.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
New County Office Building—Update
Administrator Graff stated that the Mayor received a letter dated March 27,2003 from
Jeff Wilkins the Kendall County Administrator requesting that the City waive any fees or
permits needed for the new county office building. This was previously discussed at the
April 15, 2003 COW meeting were the Council agreed to waive the fees except for any
out of pocket cost the City might incur. In consideration for waiving the fees, the City
would like to acquire a right of way(ROW) of 50 feet on the west section of the county
complex for a future roadway. Mr. Graff sent this information to Mr. Wilkins in an April
18, 2003 memo. Mr. Wilkins replied with a May 3, 2003 letter to Mr. Graff listing four
provisions that the county would like to have with regards to the ROW acquisition.
Three of the provisions are acceptable however provision (b) stating that the county has
no current or future obligation to build or pay for the future roadway is a concern. If the
roadway was constructed it would be half on their complex so Mr. Graff did not think the
City would want to waive this consideration.
Page 4 of 10
The Council discussed the provision and Mayor Prochaska suggested that the statement
remain however add"unless the county request the roadway". It was decided to have
Attorney Kramer come back to the council with some language the Council would be
more comfortable with.
Alderwoman Spears noted that on the bill list there is a charge from Schoppe design for
review of the county building. She asked if the county was going to reimburse the city
for this. Mr. Graff stated that the city was not asking for reimbursement because it
requested Mr. Schoppe do the review in connection with another project.
On another note, Mayor Prochaska advised the Council that he was meeting with John
Church with Kendall County regarding the old jail. He has been doing research
regarding financial sponsors for the building and possible uses. He noted that no city
funds were or will be budgeted to purchase the building. He stated he would keep the
Council advised about the status of the building.
This item will be brought to the May 20, 2003 COW meeting if Atforney Kramer can
coordinate with the State's Attorney regarding the language change by that time.
Skate Park—New Life Church
Alderman James and Executive Director of Parks & Recreation Brown reported that in
February 23, 2003 the owner of Parfection Park, Inc. notified the Park& Recreation
Department that the rent for the skate park was being increased to $500.00/month
beginning February 1, 2003. Also, if the City chooses to vacate the skate park, the
property must be restored to its original state and the rent would be assessed until this
was done. Attorney Kramer noted that the City's lease is not up until August 2003.This
increase would bring the operating cost to approximately$13,000.00/year. New Life
Church has expressed an interest in obtaining the skate park equipment to add to their
equipment on their site on Cannonball Trail. In exchange for the equipment, the church
will dismantle the park, move the building to Beecher Park and assist in the restoration of
Parfection Park and the skate park would be open to the public at the church site for one
year free of charge. The value of the equipment at the time of purchase (July 2000) was
$44,337.58. The Park Board approved the proposal and is now asking the City Council's
approval. Alderman James noted that a question has arisen regarding this only being
offered to one source instead of getting bids from other interested parties.
The Council discussed comments from other clergy, the City retaining the equipment and
moving it to another location or storing it for future use, any possible violation of
donation agreements (grant documents indicated that after three years of operation the
equipment would be the City's), Parfection Park purchasing the equipment(they are not
interested), if the cost of removal and restoration of the site is a fair price for the
equipment, and the City's part in the restoration of Parfection Park (disconnecting the
electric, plumbing, signs, etc).
After some discussion, Mr. Graff commented that in the past the City has advertised for
bids on surplus property. He suggested that the skate park be handled in the same
Page 5 of 10
manner and ask for cash or in lieu of cash the bidder would have to remove the
equipment and assist in restoring the property to its original state. The Council agreed to
this.
Direction was given to staff to go out to bid as soon as possible and bring the results back
to COW.
Parks Capital
Ms. Brown reported that there is a carry over of funds in the parks capital line item. Scott
Sleezer with the Parks Department has asked to purchase a new pickup truck. He would
like to go out to bid on a 2003 two wheel drive basic pickup for an amount not to exceed
$15,000.00. The Park Board has recommended that this proceed to the City Council.
The Council approved for Mr. Sleezer to go out to bid. The final purchase price will be
brought back to COW.
Text Amendment—Special Use R1-Antique Store
Alderman Sticka reported that he just received the rewritten amendment today and he had
questions about it. The amendment will allow antique stores in older structures such as
old farm houses. Attorney Kramer stated that she needed to talk to Building Inspector Bill
Dettmer as to how to classify and/or determine what an historic structure is. Alderman
Sticka asked that this item be sent back to the Economic Development Committee(EDC)
on May 15, 2003.
PC 2003-02 —Green Rezone of 9818 Route 71
This item is related to the previous one and was also sent back to EDC's May 15, 2003
meeting.
Text Amendment for R2 Zoning regarding Lot Area Coverage
Alderman Sticka reported that this was brought to the City's attention by the Building
Department. The current ordinance is extremely restrictive compared to other
communities in terms in the amount of lot coverage. The United City of Yorkville is
allowing 20% and it was recommended that this be increased to 30% which is in line with
other communities. Mayor Prochaska explained that roof coverage on a 12,000 square
foot lot at 20% is 2,400 square feet. If a house is originally built with this roof coverage,
no additions such as a covered deck or sunroom can be added.
The Council agreed to the amendment so this item was sent on to a public hearing at a
City Council meeting.
Monthly Police Reports for March 2003
Alderman Anderson reported that the reports were reviewed by the Public Safety
Committee and they recommend that they move forward.
This item was placed on the May 13,2003 City Council meeting consent agenda.
Page 6 of 10
Tax Increment Financing (TIF) Redevelopment Study and Plan Proposal
Mayor Prochaska reported that the City has received a request from the owners of
Countryside Shopping Center to have a study done in order to determine if the center
meets the requirements for a TIF. Mayor Prochaska indicated that he would like to use
the firm that the City has used in the past to make this determination however it will be at
the owner's expense. There is no risk or obligation to the City.
The Council discussed TIF districts and the benefits to the City. Mr. Graff explained that
in a TIF District a portion of the owner's tax bill is used to pay off the TIF bond. The
funds from the TIF bond are used for public improvements to the project. So the
developer will be paying for the public improvements through his taxes.
The Council agreed to allow the study. This item was placed on the May 13, 2003 City
Council meeting consent agenda.
Fox Logo for North Water Tower Site
Mayor Prochaska showed the Council examples of logos for the water tower. They
agreed to use a logo similar to what is currently of the existing towers as recommended
by Chicago Bridge and Iron.
Fox River Study Group
Alderman Besco reported that the Fox River Study Group is seeking support from the
city to continue the Fox River Watershed Investigation which is developing measures to
protect the quality of the river's water. They are asking that the United City of Yorkville
contribute $.25/capita to fund the study or$1,550.00. The group does not have an
interest in the dam.
As Yorkville is the last test station of the study, the Council agreed it was important to
participate in the study in order to see what others are adding to the River at their
locations and the effects on Yorkville.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
MilUVan Emmon Watermain—License Agreement for Crossing Illinois RailNet
Tracks
Alderman Besco reported that an agreement is needed with Illinois RailNet for the
watermain that will cross under their tracks. The license and administration fees total
$5,550.00. The agreement has not been reviewed by Attorney Kramer.
This item was placed on the May 13, 2003 City Council meeting consent agenda pending
legal review.
Water Report for January 2003
Alderman Besco reported that the reports were reviewed by the Public Works Committee
and they recommend that they move forward.
Page 7 of 10
This item was placed on the May 13, 2003 City Council meeting consent agenda.
Bruell Street Pump station—Design Engineering Services
Alderman Besco reported that Walter E. Deuchler Associates, Inc. have presented an
engineering agreement in the amount of$294,000.00 for the proposed Bruell Street Pump
Station. This was reviewed and recommended by the Public Works Committee.
This item was placed on the May 13, 2003 City Council meeting consent agenda pending
legal review.
City Hall Parking Lot—Results of Bid Opening
Alderman Besco reported that S&K Excavating& Trucking, Inc. came in with the low
bid at $82,899.66. They are a local company and the school district has also used them in
the past with good results. The bid came in lower than City Engineer Joe Wywrot's
estimate.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
Countryside Interceptor Engineering Agreement Amendment
Mr. Graff reported that it was recommended by Deuchler to extend the sewer to the west
of Blackberry Creek so that it will be out of the creek corridor. This will eliminate the
need to address environmental issues when the Rob Roy Creek interceptor is built. The
amendment is for$13,000.00 for design engineering only.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
Sunflower Estates Phase 2 -Bond Reduction
Alderman Besco reported that this is for a large bond reduction however the developer
has not asked for one before. Mr. Wywrot and the Public Works Committee recommend
the reduction.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
Yorkville Road Program—Supplemental to Original Contract with Smith
Engineering
Mr. Graff reported that there needs to be a supplemental engineering agreement with
Smith Engineering because of the addition of three more streets to the Road Program.
The increase in cost is $8,433.00 and the funds are available for the supplemental
charges.
This item was placed on the May 13, 2003 City Council meeting consent agenda.
Purchase of Vehicle for Executive Director of Parks &Recreation
Mayor Prochaska reported that there is a shortage of vehicles for the Parks & Recreation
Department. When Executive Director of Parks & Recreation Brown was hired, part of
her employment agreement was the use of a car during office hours. The funds are
Page 8 of 10
available. The bid information was not available for the council but Mr. Graff stated that
it was approximately $17, 500.00 for a vehicle similar to his. There was some discussion
clarifying that the vehicle would only be used for business and about the color.
Alderman Besco suggested keeping the city's vehicles the same color.
This item was placed on the May 13, 2003 City Council meeting regular agenda.
Well Control Repair
Director of Public Works Eric Dhuse reported that the water tower monitoring control on
the south tower has broken and there are no parts available to fix it. It can be replaced
with something that will work with the new system being proposed by EEI which is a •
radio frequency based system which costs $16,494 for the component and installation.
Funds are available for this in the Water Fund. A less expensive control can be used but
is not a radio frequency system. The radio system eliminates the need for a dedicated
telephone line.
This item was placed on the May 13, 2003 City,Council meeting regular agenda.
Fox Hill Subdivision-Hold Harmless Agreement
Alderman James reported that this was discussed at the Park Board. City staff became
aware of three homeowners in the Fox Hill Subdivision who have placed playground
equipment and/or plantings on public park property. Letters were sent to the residents
notifying them that they have to remove the property within 30 days however Attorney
Kramer stated that license agreements were drafted allowing the residents to maintain the
playground and plantings on the City's property until such time as the City gives them 30
day notice to remove them. The agreements are not transferable so when the property is
sold, the equipment and plantings have to be removed. There is also a hold harmless
provision in each agreement whereby the property owners hold the City harmless if
something would happen on the playground equipment or if something happens to the
plantings.
There was discussion on removing the plantings after a certain period of time; removing
trees could be costly. Mayor Prochaska suggested including language stating the
plantings can stay but if they die, they may not be replaced. Attorney Kramer stated that
this was addressed in the agreements. The Council discussed how this was a unique
situation because all the properties are neighbors and were told by the developer that the
area was open space and they could do what they did. Also discussed was adding a
maximum amount of time that the playground equipment and/or plantings could stay on
the City's property. The Council decided on three years.
The Council discussed how to address this if this should arise in the future. Mayor
Prochaska suggested that the plats reflect that the property abuts City property so there
isn't any confusion. Alderman Besco suggested putting information regarding this in the
City's newsletter.
Page 9 of 10
Attorney Kramer stated she would revise the language and bring the agreements back to
the COW for further review.
ADDITIONAL BUSINESS
May Administration Committee Meeting
Alderwoman Spears noted that Alderman Munns and Alderwoman Burd are both out of
town for the May Administration Committee meeting. She asked if anyone would like to
fill so that the meeting could be held. Northern Illinois University is scheduled to attend
in order to give their fiscal impact study. Alderman Sticka offered to attend.
Swearing In
Alderman James noted he would be out of town and will miss being sworn in at the City
Council meeting.
Grant Writing Workshop
Mayor Prochaska reported that Representative Dennis Hastert was holding a grant
writing workshop at the Provena/Mercy Medical Center on Monday, May 12, 2003.
Kane/Kendall County Service Coordinator
Mayor Prochaska reported that a reception was being held on May 16, 2003 in order get
acquainted with the Kane/Kendall Service Coordinator.
Special Education Co-op
The Kendall County Special Education Co-op is having a ground breaking on May 14,
2003 at 9:00 A.M.
New Committees
Mayor Prochaska gave the updated Committee member list:
• Administration Committee—Alderwoman Spears/chairperson, Alderman James,
Alderwoman Burd and Alderman Munns
• Economic Development Committee - Alderman Sticka/chairperson, Alderwoman
Burd Alderwoman Ohare and Alderman Besco
• Public Works Committee - Alderman Besco/chairperson, Alderman Munns,
Alderman Kot and Alderman Sticka
• Public Safety Committee -Alderman Kot/chairperson, Alderwoman Ohare,
Alderwoman Spears and Alderman James
He also stated that two ad hoc committees have been formed. They are:
• Ad Hoc Technology Committee- Alderman Munns/chairperson, Alderman Kot,
Alderman Sticka and Alderwoman Ohare
• Ad hoc Tourism Committee- Alderwoman Burd/chairperson. Alderwoman
Spears, Alderman Besco and.Alderman James
Page 10of10
Boundary Agreement with Montgomery
Mayor Prochaska expressed his displeasure with Montgomery's statement that they are
withholding School Transition Fees because it is the only way to get Yorkville to come to
the table to discuss a boundary agreement. He stated that through the years he has tried to
discuss boundaries with them to no avail. The problem is that Montgomery wants to
come across Route 47 and he feels that it should be within Yorkville's boundary. He
stated that now he would like Montgomery to come to Yorkville with a proposal.
The Council discussed the withholding of the transition fees and the School District's
position on it. After further discussion, the Council agreed that they did not want to meet
with Montgomery under these conditions.
There was no other additional business.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into an executive session Tor the purpose of
considering the appointment, employment, compensation, discipline,performance or
dismissal of specific employees. He asked that the City Clerk, City Attorney and City
Administrator be included. So moved by Alderman Anderson; seconded by Alderman
Besco.
Motion approved by a roll call vote. Ayes-6 Nays -0
Anderson-aye, Besco-aye, James-aye, Kot-aye, Spears-aye, Sticka-aye
The City Council entered into Executive Session at 9:50 P.M.
The Executive Session was adjourned at 11:10 P.M.
Minutes submitted by Jackie Milschewski, City Clerk
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 1
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
AATC AURORA AREA TOURISM COUNCIL
JUNE - LIDIA'S 06/30/03 01 JUNE LIDIA'S HOTEL TAX 0111065005844 08/13/03 62.10
INVOICE TOTAL: 62.10
JUNE-SUPER 8 06/30/03 01 JUNE SUPER 8 HOTEL TAX 0111065005844 08/13/03 1,321.06
INVOICE TOTAL: 1,321.06
VENDOR TOTAL: 1,383.16
ACE ACE CORPORATE STORES
061573 07/24/03 01 BATTERIES 5200065005804 08/13/03 6.98
INVOICE TOTAL: 6.98
62233 08/05/03 01 MARKERS/PAINT 5100065005804 08/13/03 28.57
INVOICE TOTAL: 28.57
VENDOR TOTAL: 35.55
ACKLJ ACKLAND, JEFF
080403 08/04/03 01 VISION ASSISTANCE 0111050005205 08/13/03 324.00
INVOICE TOTAL: 324.00
VENDOR TOTAL: 324.00
AMGHOMES AMG HOMES, INC.
REFUND OVRPMT 07/28/03 01 REFUND OVERPAYMENT 0100042004210 08/13/03 10,000.00
INVOICE TOTAL: 10,000.00
VENDOR TOTAL: 10,000.00
AROLAB ARRO LABORATORY, INC.
31070 06/27/03 01 WATER SAMPLES 5100065005822 08/13/03 264.00
INVOICE TOTAL: 264.00
31104 07/08/03 01 WATER SAMPLES 5100065005822 08/13/03 66.00
INVOICE TOTAL: 66.00
VENDOR TOTAL: 330.00
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 2
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
AROWUNI ARROW UNIFORM RENTAL
063003 06/30/03 01 MAT RENTAL 1600075007203 08/13/03 133.50
INVOICE TOTAL: 133.50
VENDOR TOTAL: 133.50
ARTLIP ARTLIP & SONS, INC.
132338 06/18/03 01 A/C REPAIRS 1600075007205 08/13/03 1,044.48
INVOICE TOTAL: 1,044.48
VENDOR TOTAL: 1,044.48
ASOCTECH ASSOCIATED TECHNICAL SERVICES
13158 07/28/03 01 LEAK LOCATION SERVICES 5100065005804 08/13/03 850.00
INVOICE TOTAL: 850.00
VENDOR TOTAL: 850.00
ATLAS ATLAS BOBCAT
B83244 06/28/03 01 FILTER 0141062005408 08/13/03 16.44
INVOICE TOTAL: 16.44
VENDOR TOTAL: 16.44
ATT AT&T
071303 07/13/03 01 AT&T 0111062005436 08/13/03 40.18
02 AT&T 5100062005436 40.18
03 AT&T 0121062005436 40.18
INVOICE TOTAL: 120.54
072403 07/24/03 01 AT&T 0111062005436 08/13/03 113.09
02 AT&T 0121062005436 113.09
03 AT&T 5100062005436 113.07
INVOICE TOTAL: 339.25
072503 07/25/03 01 AT&T 0111062005436 08/13/03 28.97
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 3
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
ATT AT&T
072503 07/25/03 02 AT&t 0121062005436 08/13/03 28.97
03 AT&T 5100062005436 29.04
INVOICE TOTAL: 86.98
VENDOR TOTAL: 546.77
AUTOGLAS AUTO GLASS CENTER
W617863678 08/05/03 01 GLASS REPLACEMENT 0141062005408 08/13/03 315.00
INVOICE TOTAL: 315.00
VENDOR TOTAL: 315.00
BATSERV BATTERY SERVICE CORPORATION
560CIT 07/11/03 01 SPOT LIGHT 5200065005815 08/13/03 39.90
INVOICE TOTAL: 39.90
VENDOR TOTAL: 39.90
BCBS BLUE CROSS BLUE SHIELD
080103 08/01/03 01 AUGUST HEALTH INSURANCE 0111050005203 08/13/03 32,434.93
INVOICE TOTAL: 32,434.93
VENDOR TOTAL: 32,434.93
BRADYT BRADY, THERESA
050103 05/01/03 01 MINUTES 0111062005401 08/13/03 80.00
INVOICE TOTAL: 80.00
071603 07/16/03 01 MINUTES 0111062005401 08/13/03 40.00
INVOICE TOTAL: 40.00
VENDOR TOTAL: 120.00
CBI CB&I
NORTH H2O TOWER 08/08/03 01 NORTH WATER TOWER 4100075007504 08/13/03 310,963.90
INVOICE TOTAL: 310,963.90
VENDOR TOTAL: 310,963.90
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 4
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
CDWG CDW COVERNMENT INC.
IX76407 07/21/03 01 CORDLESS MOUSE 5100065005804 08/13/03 50.49
INVOICE TOTAL: 50.49
VENDOR TOTAL: 50.49
CINGWIRE CINGULAR WIRELESS
070803 07/08/03 01 CELLULAR PHONES 0121062005438 08/13/03 225.29
INVOICE TOTAL: 225.29
VENDOR TOTAL: 225.29
CITYTECH CITY TECH USA INC.
SERVICE AGREMNT 07/31/03 01 DUES 0111064005603 08/13/03 195.00
INVOICE TOTAL: 195.00
VENDOR TOTAL: 195.00
CLASLINE CLASSLINE, INC.
34692 07/09/03 01 POCKET ID'S 0111065005804 08/13/03 84.00
INVOICE TOTAL: 84.00
VENDOR TOTAL: 84.00
COMDIR COMMUNICATIONS DIRECT INC
63443 07/02/03 01 REM SPEAKER/MICROPHONE 0121062005408 08/13/03 117.00
INVOICE TOTAL: 117.00
VENDOR TOTAL: 117.00
COMED COMMONWEALTH EDISON
072103 07/21/03 01 ELECTRICITY 5100062005435 08/13/03 8,295.09
INVOICE TOTAL: 8,295.09
072403 07/24/03 01 ELECTRICITY 0141062005435 08/13/03 1,216.17
INVOICE TOTAL: 1,216.17
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 5
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
COMED COMMONWEALTH EDISON
072503 07/25/03 01 ELECTRICITY 0141062005435 08/13/03 36.56
INVOICE TOTAL: 36.56
073003 07/30/03 01 ELECTRICITY 0141062005435 08/13/03 1,763.69
INVOICE TOTAL: 1,763.69
VENDOR TOTAL: 11,311.51
COMWORKS COMMUNITY WORKS NFP
INTERNET SAFETY 07/09/03 01 INTERNET SAFETY CD PROGRAM 0121065005800 08/13/03 780.00
INVOICE TOTAL: 780.00
VENDOR TOTAL: 780.00
CORRIGAN CORRIGAN'S
070503 07/05/03 01 PUMP LIFT STATION 5200062005422 08/13/03 220.00
INVOICE TOTAL: 220.00
VENDOR TOTAL: 220.00
COYPETTY CITY OF YORKVILLE PETTY CASH
073103 07/31/03 01 GREETING CARDS 0111065005804 08/13/03 10.28
02 TRUCK MIRROR 0141062005409 45.50
03 BATTERIES 0111065005804 4.26
04 LUNCHEON-ROB ROY CREEK 0111064005605 115.80
05 PRINTS 0115065005809 8.75
INVOICE TOTAL: 184.59
VENDOR TOTAL: 184.59
DEPO DEPO COURT REPORTING SERVICE
10104 07/16/03 01 MINUTES 0100013001372 08/13/03 284.95
INVOICE TOTAL: 284.95
10111 07/09/03 01 MINUTES 0100013001372 08/13/03 263.90
INVOICE TOTAL: 263.90
VENDOR TOTAL: 548.85
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 6
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
DIEDR DIEDERICH, RONALD
080603 08/06/03 01 VISION ASSISTANCE 0111050005205 08/13/03 245.00
INVOICE TOTAL: 245.00
VENDOR TOTAL: 245.00
FEWHEAT F.E. WHEATON & CO. , INC.
464686 07/03/03 01 LUMBER 0141065005804 08/13/03 5.96
INVOICE TOTAL: 5.96
VENDOR TOTAL: 5.96
FIRST FIRST PLACE RENTAL
FP138419 07/08/03 01 DRAIN SPADE SHOVEL 5100065005815 08/13/03 116.85
INVOICE TOTAL: 116.85
FP139191 08/01/03 01 CORE DRILL 0141062005434 08/13/03 82.50
INVOICE TOTAL: 82.50
VENDOR TOTAL: 199.35
FOXRIDGE FOX RIDGE STONE
7110 07/31/03 01 GRAVEL 5100065005817 08/13/03 251.73
INVOICE TOTAL: 251.73
VENDOR TOTAL: 251.73
FPT&W PTW & CO.
7504 07/28/03 01 F/Y 02-03 AUDIT 0111061005304 08/13/03 13, 672.62
INVOICE TOTAL: 13, 672.62
VENDOR TOTAL: 13, 672.62
GALLS GALL'S INC.
5637733500003 05/01/03 01 SHIPPING 0121065005804 08/13/03 26.84
INVOICE TOTAL: 26.84
VENDOR TOTAL: 26.84
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 7
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
HATCHER HATCHER MEDICAL ASSOCIATES
319509994 07/29/03 01 WORK COMP - POISON IVY 0111065005800 08/13/03 53.00
INVOICE TOTAL: 53.00
378904753 07/29/03 01 WORK COMP - POISON IVY 0111065005800 08/13/03 53.00
INVOICE TOTAL: 53.00
VENDOR TOTAL: 106.00
HDBACKHO H.D. BACKHOE SERVICE, LLC
1867-C 07/22/03 01 504 HEUSTIS STREET 5200062005419 08/13/03 600.00
INVOICE TOTAL: 600.00
VENDOR TOTAL: 600.00
HENNE HENNE CONSTRUCTION & ELECTRIC
22064 07/01/03 01 610 TOWER LANE 0141062005415 08/13/03 271.13
INVOICE TOTAL: 271.13
22181 07/30/03 01 MAIN & BRUELL 5200062005422 08/13/03 795.61
INVOICE TOTAL: 795.61
22184 07/16/03 01 CENTER PARKWAY 0141062005415 08/13/03 217.00
INVOICE TOTAL: 217.00
22207 07/24/03 01 ROUTE 47 & BRIDGE AREA 0141062005415 08/13/03 815.96
INVOICE TOTAL: 815.96
22209 07/24/03 01 315 W. KENDALL DR. 0141062005415 08/13/03 91.94
INVOICE TOTAL: 91.94
22244 07/24/03 01 CANNONBALL & BOOMER 0141062005415 08/13/03 75.28
INVOICE TOTAL: 75.28
22245 07/24/03 01 215 W. KENDALL 0141062005415 08/13/03 115.44
INVOICE TOTAL: 115.44
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 8
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
HENNE HENNE CONSTRUCTION & ELECTRIC
22651 07/09/03 01 MAINT. CONTRACT 1600075007200 08/13/03 300.00
INVOICE TOTAL: 300.00
VENDOR TOTAL: 2, 682.36
HOLSEPT HOLLEY SEPTIC SERVICE
1611 07/10/03 01 PUMP PARKS & REC 5200062005422 08/13/03 100.00
INVOICE TOTAL: 100.00
1618 07/19/03 01 PUMP PARKS & REC 5200062005422 08/13/03 100.00
INVOICE TOTAL: 100.00
1626 07/29/03 01 PUMP PARKS & REC 5200062005422 08/13/03 100.00
INVOICE TOTAL: 100.00
VENDOR TOTAL: 300.00
ILASCP ILLINOIS ASSOCIATION OF CHIEFS
0307301402-56 07/30/03 01 CONFERENCE FEE 0121064005604 08/13/03 200.00
INVOICE TOTAL: 200.00
030730M98-73 07/30/03 01 CONFERENCE FEE 0121064005604 08/13/03 200.00
INVOICE TOTAL: 200.00
VENDOR TOTAL: 400.00
ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN
19237 07/21/03 01 WATER PUMP & BELT 98' NAVISTAR 0141062005409 08/13/03 379.28
INVOICE TOTAL: 379.28
VENDOR TOTAL: 379.28
IPWSOA IPWSOA
CONFERENCE 07/31/03 01 IPWSOA CONFERENCE 5100064005604 08/13/03 95.00
INVOICE TOTAL: 95.00
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 9
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
IPWSOA IPWSOA
SEMINAR 07/31/03 01 IPWSOA CONFERENCE 5100064005604 08/13/03 95.00
INVOICE TOTAL: 95.00
VENDOR TOTAL: 190.00
JACKSONJ JACKSON, JASMINE
88' FORD TEMPO 05/22/03 01 REIMBURSE FOR EXHAUST 0141062005409 08/13/03 468.67
INVOICE TOTAL: 468.67
VENDOR TOTAL: 468.67
KCFENCE KENDALL COUNTY FENCE
00750 07/17/03 01 FENCE SLATING 1600075007203 08/13/03 750.00
INVOICE TOTAL: 750.00
VENDOR TOTAL: 750.00
KENDTOW KENDALL COUNTY TOWING & REPAIR
072803 07/28/03 01 TOW BOBCAT 0141062005408 08/13/03 200.00
INVOICE TOTAL: 200.00
VENDOR TOTAL: 200.00
KENPR KENDALL PRINTING
10955 07/22/03 01 DAILY ACTIVITY LOGS 0121065005809 08/13/03 125.45
INVOICE TOTAL: 125.45
VENDOR TOTAL: 125.45
KOPY KOPY KAT COPIER
75164 07/15/03 01 COPIER MAINT 0121062005410 08/13/03 178.04
INVOICE TOTAL: 178.04
VENDOR TOTAL: 178.04
LAWSON LAWSON PRODUCTS
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 10
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
LAWSON LAWSON PRODUCTS
1038009 07/02/03 01 NUTS/BOLTS/CABLE TIES/OIL 0141065005804 08/13/03 181.66
INVOICE TOTAL: 181.66
VENDOR TOTAL: 181.66
LOGOMAX LOGOMAX
2003-129 07/10/03 01 SHIRTS 0121062005421 08/13/03 52.00
INVOICE TOTAL: 52.00
VENDOR TOTAL: 52.00
MARTH MARTIN, HAROLD
072303 07/23/03 01 VISION ASSISTANCE 0111050005205 08/13/03 144.14
INVOICE TOTAL: 144.14
VENDOR TOTAL: 144.14
MARTNIMP MARTIN IMPLEMENT SALES INC
245766 05/20/03 01 BLADES/PIN/RINGS 0141062005408 08/13/03 163.41
INVOICE TOTAL: 163.41
VENDOR TOTAL: 163.41
MCDOWEL MCDOWELL TRUCK PARTS, INC.
107455 07/08/03 01 RAIN CAP 5200062005408 08/13/03 5.65
INVOICE TOTAL: 5.65
VENDOR TOTAL: 5.65
•
METIND METROPOLITAN INDUSTRIES, INC.
141779 06/24/03 01 FOX HIGHLANDS LIFT STATION 5200062005422 08/13/03 340.00
INVOICE TOTAL: 340.00
VENDOR TOTAL: 340.00
METLIFE METLIFE SMALL BUSINESS CENTER
DATE: 08/08/03 UNITED CITY OF YORKVILLE
PAGE: 11
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.W0W
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
METLIFE METLIFE SMALL BUSINESS CENTER
080103 08/01/03 01 AUGUST LIFE INSURANCE 0111050005204 08/13/03 1,281.84
INVOICE TOTAL: 1,281.84
VENDOR TOTAL: 1,281.84
MIDAM MID AMERICAN WATER
4167A 07/02/03 01 COPPER/CURB 5100065005804 08/13/03 903.40
INVOICE TOTAL: 903.40
4543A 07/18/03 01 CLEANOUT W/LID 5100065005804 08/13/03 50.00
INVOICE TOTAL: 50.00
VENDOR TOTAL: 953.40
MILSCJ MILSCHEWSKI, JACKIE
072803 07/28/03 01 MINUTES 0111062005401 08/13/03 112.50
INVOICE TOTAL: 112.50
073103 07/31/03 01 MINUTES 0111062005401 08/13/03 155.00
INVOICE TOTAL: 155.00
VENDOR TOTAL: 267.50
MONTRK MONROE TRUCK EQUIPMENT
242267 07/18/03 01 PARTS FOR TRUCK 0141062005409 08/13/03 316.00
INVOICE TOTAL: 316.00
49760 07/23/03 01 REPAIR LIGHT BAR/DUMP BODY 0141062005409 08/13/03 834.00
INVOICE TOTAL: 834.00
S11448 07/23/03 01 REPAIR LIGHTBAR/CAB RAIN GUTTR 0141062005409 08/13/03 737.19
INVOICE TOTAL: 737.19
VENDOR TOTAL: 1,887.19
MSI MUNICIPAL SOFTWARE INC.
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 12
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
MSI MUNICIPAL SOFTWARE INC.
18464 06/25/03 01 MSI TRAVEL EXPENSES 0111064005605 08/13/03 259.20
INVOICE TOTAL: 259.20
VENDOR TOTAL: 259.20
NATLWTR NATIONAL WATERWORKS, INC.
9497686 07/01/03 01 METERS 5100075007508 08/13/03 1,411.12
INVOICE TOTAL: 1,411.12
9521550 07/09/03 01 METERS 5100075007508 08/13/03 2,556.50
INVOICE TOTAL: 2,556.50
9530728 07/10/03 01 METERS 5100075007508 08/13/03 1,441.00
INVOICE TOTAL: 1, 441.00
9555195 07/17/03 01 METERS 5100075007508 08/13/03 155.29
INVOICE TOTAL: 155.29
9572202 07/23/03 01 METERS 5100075007508 08/13/03 2,254.91
INVOICE TOTAL: 2,254.91
VENDOR TOTAL: 7,818.82
NCI NORTHWEST COLLECTORS INC
063003 06/30/03 01 WATER COLLECTIONS 5100062005401 08/13/03 60.15
INVOICE TOTAL: 60.15
VENDOR TOTAL: 60.15
NCL NCL EQUIPMENT SPECIALTIES
5380 07/17/03 01 PAINT 5100065005804 07/17/03 73.20
02 PAINT 5200065005804 146.40
03 PAINT 0141065005804 73.20
INVOICE TOTAL: 292.80
VENDOR TOTAL: 292.80
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 13
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
NEXTEL NEXTEL COMMUNICATIONS
071703-CITY 07/17/03 01 ADMIN/ENG NEXTEL RADIOS 0111062005438 08/13/03 542.26
02 PARKS DEPT. NEXTEL RADIOS 0100013001372 289.05
03 WATER DEPT. NEXTEL RADIOS 5100062005438 267.02
04 SWR DEPT. NEXTEL RADIOS 5200062005438 113.86
05 STREET DEPT. NEXTEL RADIOS 0141062005438 112.40
06 POLICE DEPT. NEXTEL RADIOS 0121062005438 237.29
INVOICE TOTAL: 1,561.88
071803-PD 07/18/03 01 NEXTEL RADIOS 0121062005438 08/13/03 107.32
INVOICE TOTAL: 107.32
VENDOR TOTAL: 1, 669.20
NICOR NICOR GAS
063003 06/30/03 01 NATURAL GAS 0111078009002 08/13/03 297.66
INVOICE TOTAL: 297.66
063003A 06/30/03 01 NATURAL GAS 0111078009002 08/13/03 13.76
INVOICE TOTAL: 13.76
VENDOR TOTAL: 311.42
OHERRON O'HERON, RAY
14815 07/11/03 01 HOLSTER/MAG POUCH 0121062005421 08/13/03 327.80
INVOICE TOTAL: 327.80
14947 07/17/03 01 LIGHT HOLDER 0121062005421 08/13/03 32.95
INVOICE TOTAL: 32.95
321684 07/11/03 01 HOLSTER/BATON/BELTS 0121062005421 08/13/03 227.12
INVOICE TOTAL: 227.12
322896 07/22/03 01 HOLSTER/BELT 0121062005421 08/13/03 76.46
INVOICE TOTAL: 76.46
VENDOR TOTAL: 664.33
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 14
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.W0W
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
PARADISE PARADISE CAR WASH
063003 06/30/03 01 CAR WASHES 0121062005409 08/13/03 25.80
INVOICE TOTAL: 25.80
VENDOR TOTAL: 25.80
PATTEN PATTEN INDUSTRIES, INC.
1824980 08/01/03 01 ELEMENTS 0141062005408 08/13/03 102.47
INVOICE TOTAL: 102.47
VENDOR TOTAL: 102.47
PLECKT PLECKHAM, TRACI
080703 08/07/03 01 VISION ASSISTANCE 0111050005205 08/13/03 102.13
INVOICE TOTAL: 102.13
VENDOR TOTAL: 102.13
PLSERV P&L SERVICE
8349 07/25/03 01 1ST AID SUPPLIES 5200065005805 08/13/03 59.55
INVOICE TOTAL: 59.55
9348 07/22/03 01 1ST AID SUPPLILS 0121065005804 08/13/03 25.35
INVOICE TOTAL: 25.35
9349 07/20/03 01 1ST AID SUPPLIES 0111065005804 08/13/03 52.75
INVOICE TOTAL: 52.75
VENDOR TOTAL: 137.65
PRELUBE PRECISION LUBE
072203 07/22/03 01 OIL CHANGES 0121062005409 08/13/03 60.00
INVOICE TOTAL: 60.00
VENDOR TOTAL: 60.00
QUILL QUILL CORPORATION
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 15
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
QUILL QUILL CORPORATION
2297645 07/01/03 01 BINDERS/INKJET/MOUSE 0111065005802 08/13/03 177.92
INVOICE TOTAL: 177.92
2321724 07/02/03 01 BINDER CLIPS 5200065005802 08/13/03 23.88
INVOICE TOTAL: 23.88
2334105 07/03/03 01 COFFEE PACKS 0111065005804 08/13/03 124.99
INVOICE TOTAL: 124.99
2415664 07/09/03 01 INKJET CARTRIDGES 0115065005802 08/13/03 32.97
02 INKJET CARTRIDGES/BAR BULLETIN 0111065005802 62.96
INVOICE TOTAL: 95.93
2543982 07/16/03 01 CALCULATOR 5200065005802 08/13/03 5.99
INVOICE TOTAL: 5.99
2554208 07/16/03 01 INKJET CARTRIDGES/CALCULATORS 5200065005802 08/13/03 182.86
INVOICE TOTAL: 182.86
2642510 07/22/03 01 SELF INKING STAMP 0111065005802 08/13/03 23.43
INVOICE TOTAL: 23.43
2691130 07/23/03 01 BINDERS/FILE SORTERS 0111065005802 08/13/03 88.77
INVOICE TOTAL: 88.77
VENDOR TOTAL: 723.77
ROBINM ROBINSON, MICHAEL
072403 07/24/03 01 DENTAL ASSISTANCE 0111050005205 08/13/03 254.00
INVOICE TOTAL: 254.00
VENDOR TOTAL: 254.00
ROSEBUD ROSEBUD FLORIST
072903 07/29/03 01 FLOWERS - BRADSTREET 0111065005800 08/13/03 56.45
INVOICE TOTAL: 56.45
VENDOR TOTAL: 56.45
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 16
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
SALISM SAILSBURY, MARGARET
CLEANING 07/31/03 01 CLEAN P.W. 5100062005401 08/13/03 150.00
INVOICE TOTAL: 150.00
VENDOR TOTAL: 150.00
SAUBER SAUBER MFG. CO.
I108099 07/18/03 01 RATCHET STRAP ASSEMBLY 5100065005804 08/13/03 20.75
INVOICE TOTAL: 20.75
VENDOR TOTAL: 20.75
SBC SBC
0716 07/16/03 01 ALARM CIRCUIT 5100062005436 08/13/03 67.71
INVOICE TOTAL: 67.71
071603 07/16/03 01 CITY HALL 0111062005436 08/13/03 433.66
02 CITY HALL 5100062005436 433.66
03 CITY HALL 0121062005436 433.65
INVOICE TOTAL: 1,300.97
071603B 07/16/03 01 FIRE ALARM 0111062005436 08/13/03 11.52
02 FIRE ALARM 0121062005436 11.52
03 FIRE ALARM 5100062005436 11.50
INVOICE TOTAL: 34.54
0725 07/25/03 01 CITY HALL/T-LINE 0111062005436 08/13/03 1,059.12
02 CITY HALL/T-LINE 0121062005436 1,059.12
03 CITY HALL/T-LINE 5100062005436 1,059.11
INVOICE TOTAL: 3,177.35
072503B 07/25/03 01 PUMP HOUSE 5100062005436 08/13/03 28.49
INVOICE TOTAL: 28.49
072503C 07/25/03 01 LIFT STATION 5100062005436 08/13/03 36.01
INVOICE TOTAL: 36.01
DATE: 08/08/03 UNITED CITY OF YORKVILLE
PAGE: 17
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
SBC SBC
072503D 07/25/03 01 POLICE DEPT 0121062005436 08/13/03 19.26
INVOICE TOTAL: 19.26
072503E 07/25/03 01 POLICE DEPT 0121062005436 08/13/03 57.60
INVOICE TOTAL: 57.60
072503F 07/25/03 01 POLICE DEPT FAX 0121062005436 08/13/03 40.28
INVOICE TOTAL: 40.28
072503G 07/25/03 01 ADMINISTRATION FAX 0111062005436 08/13/03 102.17
INVOICE TOTAL: 102.17
72503A 07/25/03 01 PUMP HOUSE 5100062005436 08/13/03 70.04
INVOICE TOTAL: 70.04
VENDOR TOTAL: 4,934.42
SBCGLOBL SBC GLOBAL SERVICES, INC.
C1276528 07/31/03 01 HEADSET 0111075007003 08/13/03 384.00
INVOICE TOTAL: 384.00
IL601592 07/17/03 01 MAINT. AGREEMENT 0111062005439 08/13/03 1,237.20
INVOICE TOTAL: 1,237.20
VENDOR TOTAL: 1,621.20
SENGM SENG, MATT
070703 07/07/03 01 DENTAL ASSISTANCE 0111050005205 08/13/03 162.00
INVOICE TOTAL: 162.00
VENDOR TOTAL: 162.00
SHELL SHELL OIL CO.
922223056307 07/17/03 01 155 GAL GASOLINE 0141065005812 08/13/03 148.40
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 18
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
SHELL SHELL OIL CO.
922223056307 07/17/03 02 155 GAL GASOLINE 5100065005812 08/13/03 74.20
03 155 GAL GASOLINE 5200065005812 74.20
INVOICE TOTAL: 296.80
VENDOR TOTAL: 296.80
SKXCAVAT S&K EXCAVATING AND TRUCKING
6150101 08/01/03 01 WATERMAIN REPLACEMENT 4100065005800 08/13/03 3,767.50
INVOICE TOTAL: 3,767.50
VENDOR TOTAL: 3,767.50
SMITH SMITH ENGINEERING
4990 07/08/03 01 ACRYLIC HD/PVC FITTINGS 5100065005804 08/13/03 483.26
INVOICE TOTAL: 483.26
VENDOR TOTAL: 483.26
SOFT SOFTWARE PERFORMANCE
107886 07/21/03 01 PREMIO WORKSTATION 0111075007002 08/13/03 1,438.00
INVOICE TOTAL: 1,438.00
VENDOR TOTAL: 1,438.00
SPEER SPEER FINANCIAL, INC.
83-03 07/22/03 01 DEBT CERT. EXPENSE 4100066006012 08/13/03 16,344.10
INVOICE TOTAL: 16,344.10
VENDOR TOTAL: 16,344.10
STEVENS STEVEN'S SILKSCREENING
28066 07/05/03 01 SHIRT/JACKET 0115062005421 08/13/03 51.00
02 SHIRTS 5100062005421 62.00
03 SHIRT 0111062005421 28.00
INVOICE TOTAL: 141.00
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 19
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
STEVENS STEVEN'S SILKSCREENING
28067 07/14/03 01 SHIRTS 0111062005421 08/13/03 36.00
INVOICE TOTAL: 36.00
28084 07/18/03 01 SHIRTS 0111062005421 08/13/03 66.00
INVOICE TOTAL: 66.00
VENDOR TOTAL: 243.00
STRYPES STRYPES PLUS MORE INC.
8311 07/17/03 01 STRIPE TRAILER 0121062005409 08/13/03 625.00
INVOICE TOTAL: 625.00
VENDOR TOTAL: 625.00
TERRYS TERRY'S NATIONAL FEET SALES
2 SQUADS 07/31/03 01 2 SQUADS 2000075007005 08/13/03 41, 614.00
INVOICE TOTAL: 41,614.00
VENDOR TOTAL: 41,614.00
THORGARD THOR GUARD, INC.
12823 07/21/03 01 BATTERY/SERVICE CHARGE 0121062005408 08/13/03 143.00
INVOICE TOTAL: 143.00
VENDOR TOTAL: 143.00
TRICTREN TRI-COUNTY TRENCHING, INC.
11654 05/29/03 01 STREET LIGHT REPAIRS 0141062005415 08/13/03 3,850.00
INVOICE TOTAL: 3,850.00
VENDOR TOTAL: 3,850.00
TRIRIVER TRI-RIVER POLICE TRAINING
1749 07/29/03 01 DEFENSIVE DRIVING SEMINAR 0121064005604 08/13/03 70.00
INVOICE TOTAL: 70.00
VENDOR TOTAL: 70.00
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 20
TIME: 14 :05:04 DETAIL BOARD REPORT
ZD: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
ULRICH ULRICH CHEMICAL, INC.
60851 07/03/03 01 CHLORINE 5100065005819 08/13/03 389.90
INVOICE TOTAL: 389.90
VENDOR TOTAL: 389.90
UNIFIED UNIFIED SUPPLY
80955 05/01/03 01 CONDUIT/ADAPTERS/COUPLINGS 0141065005804 08/13/03 17.35
INVOICE TOTAL: 17.35
82078 06/30/03 01 COPPER CRIMP 0141065005804 08/13/03 1.30
INVOICE TOTAL: 1.30
82640 06/23/03 01 COMMUNICATION CONNECTOR 0141065005804 08/13/03 102.05
INVOICE TOTAL: 102.05
VENDOR TOTAL: 120.70
UPS UNITED PARCEL SERVICE
071203 07/12/03 01 SHIPPING 5100065005808 08/13/03 70.88
INVOICE TOTAL: 70.88
071903 07/19/03 01 SHIPPING 5100065005808 08/13/03 68.31
INVOICE TOTAL: 68.31
072603 07/26/03 01 SHIPPING 5100065005808 08/13/03 23.49
INVOICE TOTAL: 23.49
080203 08/02/03 01 SHIPPING 5100065005808 08/13/03 67.39
INVOICE TOTAL: 67.39
VENDOR TOTAL: 230.07
VANMACK VAN MACK
PAY EST #3 07/16/03 01 RTE 34 & GAME FARM SIGNAL 1500075007107 08/13/03 16,010.66
INVOICE TOTAL: 16,010.66
VENDOR TOTAL: 16,010.66
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 21
TIME: 14 :05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
WASTE WASTE MANAGEMENT
8524120071 07/01/03 01 DUMPSTER RENTAL 1600075007204 08/13/03 207.32
INVOICE TOTAL: 207.32
VENDOR TOTAL: 207.32
WEBLINX WEBLINX INCORPORATED
1021 07/18/03 01 WEB SITE DEVELOPMENT 0111062005401 08/13/03 500.00
INVOICE TOTAL: 500.00
VENDOR TOTAL: 500.00
WILLIAMA WILLIAMS, ANNETTE
072803-MINUTES 07/28/03 01 MINUTES 0111062005401 08/13/03 45.00
INVOICE TOTAL: 45.00
080403 08/04/03 01 MILEAGE 0111064005605 08/13/03 14.40
INVOICE TOTAL: 14.40
VENDOR TOTAL: 59.40
WILLIAMS WILLIAMS ARCHITECTS
10320 07/18/03 01 CITY HALL/POLICE FACILITY 1600075007202 08/13/03 3,302.37
INVOICE TOTAL: 3,302.37
VENDOR TOTAL: 3,302.37
WTRPRD WATER PRODUCTS, INC.
161823 07/17/03 01 CLAMPS & FITTINGS 5100065005804 08/13/03 198.55
INVOICE TOTAL: 198.55
161980 07/23/03 01 REPAIR CLAMPS 5100065005804 08/13/03 176.53
INVOICE TOTAL: 176.53
162128 07/29/03 01 CLAMPS 5100065005804 08/13/03 508.25
INVOICE TOTAL: 508.25
VENDOR TOTAL: 883.33
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 22
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
WYETH WYETH, HEITZ & BROMBEREK
071403 07/14/03 01 LEGAL SERVICES 0122061005300 08/13/03 120.00
INVOICE TOTAL: 120.00
VENDOR TOTAL: 120.00
YOLIBRAR YORKVILLE PUBLIC LIBRARY
PROPERTY TAX 07/25/03 01 PROPERTY TAXES 0100040004000 08/13/03 44,448.92
INVOICE TOTAL: 44,448.92
VENDOR TOTAL: 44,448.92
YOPDPET YORKVILLE POLICE DEPARTMENT
070103 07/01/03 01 MEALS/MILEAGE/PARKING 0121064005605 08/13/03 46.16
02 POSTAGE 0121065005808 6.49
03 BACKGROUND CHECK 0121065005804 12.00
INVOICE TOTAL: 64.65
073103 07/31/03 01 BACKGROUND CHECKS 0121065005804 08/13/03 34.00
02 POSTAGE/PARKING 0121064005605 39.20
INVOICE TOTAL: 73.20
080803 08/08/03 01 FLAGS FOR NAT'L NIGHT OUT 0121065005804 08/13/03 13.87
02 UNIFORMS 0121062005421 127.90
INVOICE TOTAL: 141.77
VENDOR TOTAL: 279.62
YOPOST YORKVILLE POSTMASTER
PENALTY BILLS 08/01/03 01 PENALTY BILL POSTAGE 5100065005808 08/13/03 92.00
INVOICE TOTAL: 92.00
VENDOR TOTAL: 92.00
YRKAUTO YORKVILLE AUTO PARTS
073103 07/31/03 01 LAMP BULB/ADHESIVE 0121062005409 08/13/03 33.14
DATE: 08/08/03 UNITED CITY OF YORKVILLE PAGE: 23
TIME: 14:05:04 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 08/13/2003
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
YRKAUTO YORKVILLE AUTO PARTS
073103 07/31/03 02 FILTERS/AIR HOSES 0141062005409 08/13/03 111.20
INVOICE TOTAL: 144.34
VENDOR TOTAL: 144.34
ZBSUPPLY ZB SUPPLY COMPANY
50373 07/17/03 01 TOWELS/CUPS/FRESHNER 0111065005804 08/13/03 96.47
INVOICE TOTAL: 96.47
50788 07/31/03 01 SOAP/LINERS/WIPES 0111065005804 08/13/03 144.84
INVOICE TOTAL: 144.84
VENDOR TOTAL: 241.31
TOTAL A/P VENDORS = $553,643.61
TOTAL PAYROLL = $125 ,667.82
(See Attached)
TOTAL DISBURSEMENTS = $679 ,311.43
CITY OF YORKVILLE
PAYROLL
SUMMARY
07/30/03
REG OT TOTAL
DEPARTMENT GROSS GROSS GROSS SOC.SEC. IMRF EXPENSE
ADMINISTRATION 15,803.42 42.73 15,846.15 1,212.24 1,302.06 18,360.45
ENGINEERING 6,557.60 0.00 6,557.60 501 .67 552.79 7,612.06
POLICE 44,135.20 1,450.67 45,585.87 3,487.32 245.35 49,318.54
PUBLIC WORKS 15,181.60 1,883.99 17,065.59 1,305.54 1,407.75 19,778.88
LIBRARY 4,794.32 0.00 4,794.32 366.76 318.76 5,479.84
REC'S & PARKS 21,901.16 0.00 21,901.16 1,541.44 1,675.45 25,118.05
TOTALS: 108,373.30 3,377.39 111,750.69 8,414.97 5,502.16 125,667.82
ZUnited City of Yorkville
County Seat of Kendall County
EST.% __ 1836
B00 Game Farm Road
< , • ` (/) Yorkville,Illinois 60560
0 n,,al':„ 5 Phone:630-553-4350
9 �? Fax:630.553.7575
July 24, 2003
Attorney Thomas Grant
P.O. Box 326
Yorkville, IL 60560
RE: United City of Yorkville—City of Plano Real Estate . ,
Dear Tom;
Pursuant to direction I have received from the City Council from the United City of
Yorkville, enclosed please find a Contract to purchase the Yorkville Well Site located in
Little Rock Township for the sum of 5142,000.00. We have in fact ordered current title
and survey on the subject real property. We would ask that the City return two executed
Contracts to my office, and I will then go ahead and schedule closing if the date is
acceptable with the City of Plano. Should you have any further questions, please feel
free to contact my office.
ellry truly ,
r ,7rvoiew...4„.017,
Daniel J.Kramer
Attorney at Law
DJK:rg
REAL ESTATE SALES CONTRACT Form B
1. City of Plano (Purchaser) agrees to purchase at a price of$142,000.00 on the terms set forth herein,the
following described real estate in Little Rock Township, Kendall County, Illinois:
SEE ATTACHED EXHIBIT"A", or as modified by current survey.
commonly known as "United City of Yorkville Well Site".,together with the following property presently
located thereon:
Well casings and related appurtenances.
2. United City of Yorkville,(Seller) agrees to sell the real estate and the property described above,if any, at
the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto
by a recordable Warranty Deed, and a proper bill of sale, subject only to: (a) covenants, conditions and
restrictions of record; (b) public and utility easements and roads and highways, if any, (c)
3. Purchaser has paid $500.00 as earnest money to be applied on the purchase price.
(a) The payment of the balance of Purchase price,plus or minus prorations and closing costs, at time of
closing.
4. Seller, at its own expense, agrees to furnish Purchaser a current plat of survey of the above real estate
made, and so certified by the surveyor as having been made, in compliance with the Illinois Land Survey
Standards,
5. The time of closing shall be on August 22, 2003 or on the date, if any,to which such time is extended by
reason of paragraph 2 or 10 of the Conditions and Stipulations hereafter becoming operative(whichever date is
later),unless subsequently mutually agreed otherwise, at the office of Chicago Title Insurance,provided title is
shown to be good or is accepted by Purchaser.
6. Seller agrees to pay a broker's commission to None,
7. The earnest money shall be held by the United City of Yorkville Attorney,Daniel J. Kramer for the
mutual benefit of the parties.
8. Seller warrants that Seller, its beneficiaries or agents of Seller or of its beneficiaries have received no
notices from any city, village or other governmental authority zoning,building, fire or health code violations in
respect to the real estate that have not been heretofore corrected.
9. A duplicate original of this contract, duly executed by the Seller and his spouse, if any, shall be delivered
to the Purchaser within 7 days from the date hereof, otherwise, at the Purchaser's option,this contract shall
become null and void and the earnest money shall be refunded to the Purchaser.
This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions
and Stipulations are made a part of this contract.
CONDITIONS AND STIPULATIONS
1. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent,not less then 5 days prior
to the time of closing, the plat of survey(if one is required to be delivered under the terms of this contract) and a
title commitment for an owner's title insurance policy issued by the Chicago Title Insurance Company in the
amount of the purchase price, covering title to the real estate on or after the date hereof, showing title in the
intended grantor subject only to (a) the general exceptions contained in the policy, (b)the title exceptions set
forth above, and (c) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount
which may be removed by the payment of money at the time of closing and which the Seller may so remove at
that time by using the funds to be paid upon the delivery of the deed(all of which are herein referred to as the
permitted exceptions). The title commitment shall be conclusive evidence of good title as therein shown as to
all matters insured by the policy, subject only to the exceptions as therein stated. Seller also shall furnish
Purchaser an affidavit of title in customary from covering the date of closing and showing title in Seller subject
only to the permitted exceptions in foregoing items (b) and (c) and unpermitted exceptions or defects in the title
disclosed by the survey, if any, as to which the title insurer commits to extend insurance in the manner specified
in paragraph 2 below.
2. If the title commitment or plat of survey(if one is required to be delivered under the terms of this
contract) discloses either unpermitted exceptions or survey matters that render the title unmarketable (herein
referred to as "survey defects"), Seller shall have 30 days from the date of delivery thereof to have the
exceptions removed from the commitment or to correct such survey defects or to have the title insurer commit
to insure against loss or damage that may be occasioned by such exceptions or survey defects, and, in such
event, the time of closing shall be 35 days after delivery of the commitment or the time expressly specified in
paragraph 5 on the front page hereof, whichever is later. If Seller fails to have the exceptions removed or
correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as
to such exceptions or survey defects within the specified time, Purchaser may terminate this contract or may
elect, upon notice to Seller within 10 days after the expiration of the 30-day period, to take title as it then is with
the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If
Purchaser does not so elect, this contract shall become null and void without further action of the parties.
3. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the
Purchaser, but if the termination is caused by the Purchaser's fault,then upon notice to the Purchaser, the earnest
money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment
of broker's commission; the balance, if any, to be retained by the Seller as liquidated damages.
4. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time
of closing, this sale shall be closed through an escrow with Chicago Title and Trust Company,in accordance
with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by Chicago
Title and Trust Company, with such special provisions inserted in the escrow agreement as may be required to
conform with this contract. Upon the creation of such an escrow, anything herein to the contrary
notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this
contract and the earnest money shall be deposited in the escrow, The cost of the escrow shall be divided equally
between Seller and Purchaser.
7. Time is of the essence of this contract.
8. All notices herein required shall be in writing and shall be served on the parties at the addresses
following their signatures. The mailing of a notice by registered or certified mail,return receipt requested, shall
be sufficient service.
9. Seller represents that it is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code
and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at
closing the Exemption Certification set forth in said Section,
10. The duty of Seller and Purchaser to complete this Contract is contingent upon the City Council for each
respective Municipality approving the sale and acquisition of the subject property in conformance with the
Illinois Municipal Code.
Dated:
United City Plano
City of Plano 7 N. James St.
Plano, IL 60545
By:
Mayor
Taxpayer ID:
Attest:
City Clerk
United City of Yorkville United City of Yorkville
800 Game Farm Rd
By: Yorkville,IL 60560
Mayor
Taxpayer ID:
Attest:
City Clerk
08/08/2003 08 08 FAX 630 553 5764 DANIEL J. KRAMER 002/027
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
RECAPTURE AGREEMENT
SANITARY SEWER AND WATER MAIN IMPROVEMENTS)
This Recapture Agreement ("Agreement") is entered into this day of
, 2003 by and between PAUL R. DRESDEN , the developer of a certain
subdivision known as FOX HILL, hereinafter referred to as "DEVELOPER," and the UNITED
CITY OF YORKVILLE, Kendall County, Illinois, an Illinois municipal corporation, hereinafter
referred to as the "CITY."
WHEREAS, PAUL R. DRESDEN, is the developer of real property legally described on
Exhibit A attached hereto ("Subject Property"), which is located generally at Route 34 and Diehl
Farm Road; and
WHEREAS, DEVELOPER has spent substantial sums of money at the request of the
CITY to improve the Subject Property and the surrounding area with oversized water mains and
sanitary sewer mains, and necessary appurtenances; and
WHEREAS, substantial sums have been spent in the planning, design, and actual
construction of said oversized water mains and sanitary sewer mains, and necessary
appurtenances, which will significantly benefit the properties adjoining and surrounding the
Subject Property as well as the CITY as a whole; and
WHEREAS, under the Local Improvement Act of the Illinois Compiled Statutes (65
ILCS 5/9-1-1, et seq.), the CITY is authorized to enter into a Recapture Agreement (65 ILCS
5/9-5-1) for the portion of public improvements undertaken by DEVELOPER that benefits
surrounding and adjoining property owners, and the City Council hereby finds that the oversizing
of the water mains and sanitary sewer mains benefits adjoining and surrounding property owners,
as well as the CITY as a whole; and
WHEREAS, the City Council and the City Engineer have determined a service area that
identifies surrounding and adjacent properties directly benefited by said oversized water mains
and appurtenances, and said service area is set forth in the attached Exhibit B; and
WHEREAS, the City Council and City Engineer have determined a service area that
identifies surrounding and adjacent properties directly benefited by said sanitary sewer mains
and appurtenances, and said service area is set forth in the attached Exhibit C; and
WHEREAS, the cost of the water main improvements which have been approved by the
CITY Staff Engineer, together with all design, implementation, construction, attorneys', and
other necessary fees, are in the sum of $247,791.78, which fees and costs have been totally
advanced by DEVELOPER; and
QBCHI\2791356.8
08/08/2003 08 09 FAX 630 553 5764 DANIEL J KRAMER 12)00:3/027
WHEREAS, the cost of the sanitary sewer main improvements which have been
approved by the CITY Staff Engineer, together with all design, implementation, construction,
attorneys', and other necessary fees, are in the sum of$230,723.03, which fees and costs have
been totally advanced by DEVELOPER and
WHEREAS, DEVELOPER has constructed the water main and sanitary sewer main
improvements with the assurance from the CITY that it shall adopt a Recapture Ordinance and
approve this Recapture Agreement;
NOW, THEREFORE, for and in consideration of the design, construction, and
installation of said oversized improvements at the sole cost of DEVELOPER, which is hereby
acknowledged by the CITY, the parties agree as follows:
1. The parties to this Agreement agree that the recitals are true and accurate and
incorporate the recitals in this Agreement as if fully recited herein.
2. As a condition of receiving Final Plat approval, or issuance of building permits if
no platting is necessary, on any parcel of real property sought to be improved or platted within
the water main service area set out in Exhibit B, the owner of such benefited property shall
contribute to DEVELOPER or its designated successor, heir, or assigns, by depositing with the
CITY a sum equal to an amount calculated by multiplying the number of acres of property
proposed for use (including all rights-of-way, property to be dedicated, common areas and any
other property related or required for approval of such use) by$1,119.66 per acre.
3. As a condition of receiving Final Plat approval, or issuance of building permits if
no platting is necessary, on any parcel of real property sought to be improved or platted within
the sanitary sewer main service area set out in Exhibit C, the owner of such benefited property
shall contribute to DEVELOPER or its designated successor, heir, or assigns, by depositing with
the CITY a sum equal to an amount calculated by multiplying the number of acres of property
proposed for use (including all rights-of-way, property to be dedicated, common areas and any
other property related or required for approval of such use) by$1,042,53 per acre.
4. The CITY shall not permit a person, corporation, or other party representing an
owner in regard to a benefited property to obtain approval of a Final Plat, or approval of a final
site design, or issuance of a building permit until such time as payment of the recapture fee, plus
interest required by this Agreement is made to the CITY by the benefited property owner or
representative. The CITY shall notify the benefited property owner of the amount of recapture
due pursuant to this Agreement and accept payment from the benefited property owner upon
confirmation by DEVELOPER that the amount calculated by the CITY for payment is correct,
The CITY shall provide prompt written notice to DEVELOPER upon receipt of any recapture
payments. In addition, the CITY shall require the benefited property owner to utilize and tap-on
to the water main and sanitary sewer main systems constructed by DEVELOPER as part of the
plat approval or building permit issuance process. If any benefited property owner fails to utilize
or tap-on to the sanitary sewer main or water main systems constructed by DEVELOPER and
avoids payment of the associated recapture costs and interest, then the CITY shall be responsible
for payment of the recapture amount, including interest.
QBCH1\279656.8 2
08/08/2003 08 08 FAX 830 553 5784 DANIEL J. KRAMER [1004/077
5. The costs to date for construction of the water main is set forth in Exhibit D
attached to this Agreement and made a part of by this reference. The costs to date for
construction of the sanitary sewer main is set forth in Exhibit E attached to this Agreement and
made a part of by this reference. DEVELOPER and the CITY agree that all recapture shall be
based on actual costs paid by DEVELOPER. In addition to the recapturable costs set forth in
Exhibits D & E, DEVELOPER shall be entitled to recapture costs for certain sanitary sewer and
water main improvements installed as part of the development of POD 9 and POD 10 of Fox Hill
Subdivision. Upon completion of the sanitary sewer and potable water main improvements for
PODs 9 and 10, DEVELOPER's engineer shall prepare and certify to the CITY a written
schedule of the recapturable costs for such sanitary sewer and potable water main improvements.
The certified recapturable costs shall become an amendment to this Agreement upon approval of
the costs by the CITY, which approval shall not be unreasonably withheld or delayed. The
parties to this Agreement further agree that DEVELOPER may, at its sole option, negotiate new
sanitary sewer and water main service areas for PODs 9 and 10 as DEVELOPER deems
necessary.
6. In addition to paying the base recapture fees, the owner of any benefited property
shall also pay DEVELOPER at the time the recapture costs are paid, annual compound interest
on the recapture fee due, from the date of installation of said improvements, which for the
purpose of this Agreement shall be January 1, 1995 (except for PODs 9 and 10), through the date
of payment, Interest shall be payable at a fixed rate of 5%.
7. The improvements constructed herein shall be accepted by the CITY and shall be
considered public improvements.
8. The CITY shall pass a recapture ordinance setting forth the terms of this
Agreement within 30 days of the execution of the Agreement. Said Recapture Agreement shall
be in effect for twenty(20)years after its passage and approval by the City Council.
9. This Agreement shall be recorded by the CITY at the sole cost and expense of
DEVELOPER.
DEVELOPER: UNITED CITY OF YORKVILLE:
By: By:
Paul Dresden Mayor
Attest:
City Clerk
Date:
QBCH1\279856.8 3
08/08/2003 08: 09 FAX 630 553 5764 DANIEL J KRAMER 2005/027
STATE OF ILLINOIS )
COUNTY OF )
T, , a Notary Public in and for said County and State do hereby
certify that and , the Mayor and City Clerk,
respectively, of THE UNITED CITY OF YORKVILLE, as such Mayor and City Clerk, appeared
before me this day in person and acknowledged that they signed, sealed, and delivered said
instrument as their free and voluntary act, and as the free and voluntary act of said CITY, for the
uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 2003.
NOTARY PUBLIC
Q13C41\279856.8 4
08/08/2003 09 09 FAX 630 553 5784 DANIEL J KRAMER 006/027
STATE OF ILLINOIS )
COUNTY OF )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that the above named PAUL R. DRESDEN, personally known to me to be
the same person whose name is subscribed to the foregoing instrument, appeared before me this
day in person and acknowledged that he signed and delivered the said instrument as his own free
and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of_ , 2003.
NOTARY PUBLIC
Q8CH1\279856.8 5
06/08/2003 03 09 FAX 630 553 5764 DANIEL J KRAMER (I 007/027
•
EXHIBIT A
LEQAL DESCRIPTION OF SUBJECT PROPERTY
QBCHI\279856.8 6
DANIEL J. KRAMER
0009/027
08/08/2003 08 09 FAX 630 553 5764 7
J"
,P EXHIBIT "A"
That part of the North half of Section 30, Township 37 North , Range 7 East of the
Third Principal Meridian, described as follows: Beginning at a point in the
center of the highway as surveyed. running from Big Rock to the Ottawa and
Chicago Road , said point being South 7°30' East 4 chains from the Northeast
corner of the West half of the Northeast quarter of said Section 30, thence
running along the center of said highway North 87°35' West 37.65 chains , thence
South 7° East 25 chains , thence South 87035' East 37 chains and 70 links , thence
North 7°30' West 25 chains to the point of beginning in the Township of Bristol,
Kendall County, Illinois.
94. 25 acres M.O.L. (with farmhouse)
P.I.N. 02-30-200-005-0011
ALSO
That part of the Southwest quarter of Section 19, and that parr of the Northwest
quarter of Section 30, Township 37 North, Range 7 East of the Third Principal
Meridian, described as follows; Beginning at the Northwest Corner of said
Section 30, thence South on the section line 32, 70 chains , thence South 80° Eas:
30, 15 chains, thence North 37. 37 chains to the North line of Seccion30, thence
West 2. 39 chains to the Southeast corner of Lot 2 of the Southwest quarter of
said Section 19 . thence North 90 links, thence westerly to a stake on the West
line of said Lot 2 and . chains North of the Northwest corner of said Section 30 .
thence South 4 chains to the place of beginning, in Kendall County , Illinois .
6. 80 acres M.O.L. (with farmhouse) s.; ;
P, 1 ,N. 02-19-300-002-0011
96 . 25 acres M.O.L.
P. 1 .\- 02-30-100-001-0020
TOTAL ACRES + 197. 30 M.O.L.
08/08/2003 08 09 FAX 630 553 5764 DANIEL J. KRAMER 009/027
EXHIBIT B
WATER MAIN SERVICE AREA
QIICHI\279856.8 7
05/08/2003 08:05 FAX 630 553 5764 DANIEL J. KRAMER R 010/027
FOX HILL SUBDIVISION
WATER MAIN RECAPTURE AREA
DRAWN BY: M. DELANR
__- DATE; 05/27/03
l
PAGE: 1 OF 1
!rF
77
1111
WATER MAIN %
RECAPTURE AREAS j
•
•
- .1__-_-___--1---1-_—__ ..7,-L-..:._7.1:Ti- i_.:____7 r_-11111.-0 filatt_. _ ..— • .. . '
....„..„...„(}
. __) ,7-\7"-\ --- (- ___
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•
-N77., 77, T---- 7,/<-' j- --,7(4.-------::::::= _ _Z
A N. C'i\-if__,,,-)1
=1L
-4411?)i".
NORTH
NOT TO SCALE
r______. _
08/08/2003 09 09 FAX 630 553 5764 DANIEL J. KRAMER ft 011/027
EXHIBIT C
SANITARY SEWER MAIN SERVICE AREA
QBCH 1\279856,8 8
06/06/2003 08.03 FAX 630 553 5764 DANIEL J. KRAMER Z 012/027
FOX HILL SUBDIVISION
SANITARY SEWER RECAPTURE AREA
DRAWN BY: M. OELANR
- - "'__ DATE: 05/27/03
-:::.>---_-::::;:;------
- f _- PAGE: 1 OF 1
ElSANRARY SEWER �~ ~--
RECAPTURE AREAS /
7
`U2-,1,9-4OQ-008 '
' '0230-200-OD8.
LASALLE NATIWGJ.'BANK
',.7I#157 N0.;4.01E ' '
• 221..11.4.0RES
,....,„ ii.-\-----.::),_ \._--- -2-_--..,,,,r, ) __ ----______
.. ,Ci-___7\--..--- ._( \---i _2_ _
:.--- i-----](--(
F �\ � _.___._ C ALJ
. __./ - --.._,D
(---) __:111E2:1_2_.)\,_.___�
r
NORTH
NOT TO SCALE
08/08/2003 08 '09 FAX 630 553 5764 DANIEL J KRAMER /2013/027
EXHIBIT D
WATER MAIN COSTS
QBCHI\279856.8 9
09/08/200:3 08 09 FAX 630 553 5764 DANIEL J KRAMER a 014/P27
•
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S.
JEFFREY C. MILLER, P.E.
August 6, 2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
Yorkville, 11.60560
Re: Fox Hill Estates Recapture Summary Sheets
CCG Project No.: 02-061
Sanitary Items
Page 1-S $96,265.50
Page 2-S $ 53,413.25
Page 3-S $ 20,979.50
Total Sanitary $170,658.25
Waterrnain hems
Page 1-W $20,572.00
Page 2-W S 51,784.00
Page 3-W $ 6,600.00
Page 4-W $ 5,676.00
Page 5-W $ 81,113.00
Page 6-W $21,982.00
Total Watermain $187,727.00
Sub Total $358,385.25
Page 1
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA. IL • 60504
630,620.9100 • FAX: 630.820.7030 • www.compassconsultinggroup.com
06/06/2003 08 10 FAX 630 553 5764 DANIEL J KRAMER 2 015/027
Attorney Fees
32.75 Hours Mr. Robert Gamrath @ $250.00 per hour $ 8,187.50
18.85 Hours Mr.Jim Fox @ $300,00 per hour $ 5,655.00
Engineer/Consultant Fees
Michael J. Cap,Ltd. $ 4,100.00
Compass Consulting Group,Ltd. $ 4,910.00
Office Overhead $ 3,600.00
City Inspection Fees @ 20% of$ 110.000.00 $22,000.00
Overhead and Site Supervision @ 20%of$ 358,385.25 $ 71,677.05
Sub Total $120,129.55
TOTAL COST $478,514.80
Page 2
08/08/2003 08 10 FAX 630 553 5764 DANIEL J. KRAMER V1016/027
COMPASS •
CONSULTING GROUP, LTD.
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIP5KI, P,L.5.
JEFFREY C. MILLER, P.E.
•
August 6, 2003
Mr. Joseph Wywtot, City Engineer
CITY OF YORKVl.I F
800 Game Farm Road
Yorkville, IL 60560
Re: Fox Hill On-Site Water, John Street—Recapture—Unit#1
CCG Project No.: 02-061
1) 16" D.I.W.M. 3,156' @ $33.50 per L.F.
10" D.I.W.M. 3,156' @ $19.50 per L.F.
Cost Difference per L.F. $14.00
3;156 L.F. @ $14.00 $44..184.00
2) Fire Hydrants (10) @ $2,100.00 each(16" Line)
Fire Hydrants (10) @ $1,730.00 each (10"Line)
Cost Difference $370.00 each x(10) $ 3,700.00
3) 16" Valve Vaults (4) @ $2,300.00 each
10" Valve Vaults (4) CO $1,950.00 each
Cost Difference$350.00 each x(4) $ 1,4(0.00
4) 16" X 8" Tee (10) @ $500.00 each
10" X 8" Tee (10) @ $250.00 each
Cost Difference$250.00 each x (10) $ 2,500.00
Total $ 51.784.00
•
Page 2-W
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
630.820.9100 • FAX: 630.820 7030 • www.compassconsultinggrOup.com
08/08/2003 08. 10 FAX 630 553 5764 DANIEL J KRAMER 017/027
•
COMPASS
CONSULTING GROUP, LTD.
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S.
JEFFREY C. MILLER, P.E.
August 6, 2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVI1.1.P
800 Game Farm Road
Yorkville,IL 60560
Re: Fox Hill On-Site Water,Sycamore Road (South of John Street)—Recapture
CCG Project No.: 02-061
Station#0.00 To Station #8.73
1) 12"D.I.W.M. 900' @ $18.50 per L.F.
8" D.I.W.M. 900' @ $14.50 per L.F.
.Cost Difference per L.F. $4.00
900 L,F, @ $ 4.00 $ 3,600.00
2) Fire Hydrants(3) @ $1,900.00 each(12" Line)
Fire Hydrants (3) @ $1,500.00 each (8"Line)
Cost Difference$400.00 each x (3) $ 1,200.00
3) 8" X 12"Tee(2) @ $450.00 each
8" X 8"Tee (2) @ $150.00 each
Cost Difference$300.00 each x (2) • $ 600.00
4) 12" Valve (2) @ $1,100.00 each
8" Valve(2) @ $500.00 each
Cost Difference$600.00 each x (2) $ 1,200.00
Total $ 6,600.00
•
Page 3-W
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
630.820.0100 • FAX: 630,820.7030 • www,compassconSultinggroup.com
08%08;2003 08. 10 FAX 630 553 5764 DANIEL J KRAMER a 018/027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S. •
• JEFFREY C. MILLER, P.E.
August 6,2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
Re: Fox Hill On-Site Water,Sycamore Road (North of John Street)—Recapture
CCG Project No.: 02-061
Station #0.00 To Station #8.00
1) 12"D.I.W.M_ 744' @ $18.50 per L.F. •
8" D.1.W.M. 744' @ $14.50 per L.F.
Cost Difference per L.F. $4.00
744 L.F. @ $4.00 $ 2,976.00
2) 12" Valve (2) @ $1,100.00 each
8" Valve(2) @ $500.00 each
Cost Difference$600.00 each x (2) $ 1,200.00
3) Fire Hydrants (3) ® $1,900.00 each(12" Line)
Fire Hydrants (3) @ $1,500.00 each(8" Line)
Cost Difference$400.00 each x (3) $ 1,200.00
4) 12" X 8"Tee (1) CO $450.00 each
8" X 8"Tee(1) @ $150.00 each
Cost Difference$300.00 each x (1) $ 300.00
Total $ 5,676.00
Page 4-W
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA. IL • 60504
630.820.9100 • FAX: 630.820.7030 • www.compasscr>nSulringgroup.Com
08/08/2003 08 10 FAX 630 553 5764 DANIEL J. KRAMER [2019/027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CiVIL ENGINEERING MICHAEL E. FILIP5KI, P.L.S.
JEFFREY C. MILLER, P.E
August 6,2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
•
Yorkville,IL 60560 •
Re: Fox Hill On-Site Water,John Street—Recapture—Unit#4
CCG Project No.: 02-061
Station#0.00 To Station# 13.25
1) 16" D.LW,M 2,454' @ $40.00 per L.F.
•
8" D.I.W.M. 2,454' @ $18.00 per L.F.
Cost Difference 2,454 L.F. @ $22.00 $ 53,988.00
2) Fire Hydrants (6) @. $2,100.00 each(16" Line)
Fire Hydrants (6) @ $1;650.00 each(8" Line)
Cost Difference$450.00 each x(6) $ 2,700.00
3) 16" Valve Vaults (7) @ $2,300.00 each
8"Valve Boxes(7) @ $675.00 each
Cost Difference$1,625.00 each x(7) $ 11,375.00
4) 16" X 8" Tee (3) @ $675.00 each
8" X 8"Tee(3) @ $275.00 each
Cost Difference $400.00 each x(3) $ 1,200.00
5) 16" 45-Degree Bend(11) @ $550.00 each
8"45-Degree Bend(11) @ $200.00 each
Cost Difference $350.00 each x(11) $ 3,850.00
6) Rob Roy Creek Crossing $ 8,000.00
Total $ 81,113.00
Page 5-W
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
630.820.9100 • FAX: 630.820.7030 • www,compassconsultInggroup.com
08/08/2003 08 10 FAX 630 553 5764 DANIEL J KRAMER 02o/027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S.
JEFFREY C. MILLER, P.E.
August 6,2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
Re: Fox Hill Off-Site Water Recapture
CCG Project No.: 02-061
Station#8.60 To Station#22.10
1) 16" D.I.W.M. 1,383' @ $3150 per L.F.
10" D.I.W.M. 1,383' @ $19.50 per L.F.
Cost Difference per L.F. $14.00 •
1,383 L.F. @ $14.00 $ 19,362.00
2) 16" Valve(2) @ $2,300.00 each
10" Valve(2) @ $1,950.00 each
Cost Difference $350.00 each x (2) $ 700.00
3) Fire Hydrants (4) @ $2,100.00 each(16"Line)
Fire Hydrants (4) @ $1,730.00 each(10" Line)
Cost Difference(4) ® $370.00 each $ 1,480.00
4) 16" 45-Degree Bend (2) @ $600.00 each
10" 45-Degree Bend (2) @ $380.00 each
Cost Difference $220.00 each x (2) $ 440.00
Total $ 21,982.00
Page 6-W •
2631 GINGER WOODS PARKWAY • SUITE 100 • AUHOI4A, IL • 60504
630,820.9100 • FAX: 630,820.7030 • www.compassconsultinggroup.com
08/08/2003 08 10 FAX 630 553 5764 DANIEL J. KRAMER fj 021/027
EXHIBIT E
SANITARY SEWER MAIN COSTS
Q13041\279856.8 10
08/08/2003 08 10 FAX 630 553 5764 DANIEL J. KRAMER /2022/027
•
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S.
JEFFREY C. MILLER, P.E.
August 6, 2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVII.LF.
800 Game Farm Road
Yorkville, IL 60560
Re: Fox Hill Estates Recapture Summary Sheets
CCG Project No.: 02-061
Sanitary Items
Page 1-S $ 96,265.50
Page 2-S $ 53,413.25
Page 3-S $20,979.50
Total Sanitary $170,658.25
Watermain Items
Page 1-W $20,572.00
Page 2-W $ 51,784.00
Page 3-W $ 6,600.00
Page 4-W $ 5,676.00
Page 5-W $ 81,113.00
Page 6-W $ 21,982.00
Total Watermain $187,727.00
Sub Total $358,385.25
Page 1
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
630.820.9100 • FAX. 630,820.7030 • www.conlpassconsuhinggroup.com
08/08/2003 08 10 FAX 630 553 5764 DANIEL J. KRAMER a 023/027
Attorney Fees
32.75 Hours Mr. Robert Gamrath @ $ 250.00 per hour $ 8,187.50
18.85 Hours Mr. Jim Fox @ $300.00 per hour $ 5,655.00
Engineer/Consultant Fees
Michael J. Cap,Ltd. $ 4,100.00
Compass Consulting Group,Ltd. $ 4,910.00
Office Overhead $ 3,600.00
City Inspection Fees @ 20% of$ 110,000.00 $22,000.00 •
Overhead and Site Supervision @ 20% of$358,385.25 $71,677.05
Sub Total $120,129.55
TOTAL COST $478,514.80
Page 2
08/08/2003 08 10 FAX 630 553 5764 DANIEL J KRAMER Z024i027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S.
JEFFREY C. MILLER, RE.
August 6, 2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
Yorkville.IL 60560
Re: Fox Hill Off-Site Sanitary -Recapture
CCG Project No.: 02-061
1) 15" PVC-SDR 26—2,201 L.F. @ $35.00 per L.F.
10" PVC-SDR 26—2,201 L.F. @ $19.50 per L.F.
Cost Difference per L.F. $15.50
2.201 L.F. @ $15.50
$ 34,115.50
•
2) Sanitary Manhole Station#'s
A)3.5, B)7.0, C) 8.65, D) 12.14, E) 15.64, F) 19.14, G)22.02
A-G Manhole Cost @ $1,750.00 per Structure
Standard Manhole Cost @ $1,300.00 per Structure
Cost Difference 7 @ $450.00 each Structure
$ 3,150.00
3) One Time De-Watering charge of$100,000.00 Due to
Existing Ground Conditions. Cost To Be Shared by Yorkville
Development, Inc. (41%)and the City of Yorkville(59%).
$59,000.00
Total $96,265.50
Page 1-S
•
•
2631 GINGER WOODS PARKWAY•• SUITE 100 • AURORA, IL • 60504
630 820.9100 • FAX: 630.820.7030 + www.cornpassc;onsultinggroup.c.orn
08/08/2003 08. 10 FAX 630 553 5764 DANIEL J KRAMER tZ 025/027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P.L.S.
.JEFFREY C. MILLER, P.E.
August 6,2003
Mr.Joseph Wywro't, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
Yorkville. IL 60560
Re: Fox Hill On-Site Sanitary, John Street—Recapture—Unit#1
CCG Project No.: 02-061
Station#0.00 To Station#12.50
1) 15" PVC-SDR 26, 1,241 L.F. @ $35.00
10" PVC-SDR 26, 1,241 L.F. @ $19.50
Cost Difference per L.F. $15.50
1,241 L.F. @ $15.50
$ 19;235.50
2) Sanitary Manholes Station#'s
A)2.20, B) 3.39, C)4.39, D)7.81 E) 10,18, F) 12.43
A-F Manhole Cost @ $1,550.00 per Structure
Standard Manhole Cost @ $1,300.00 per Structure
Cost Difference 6 @ $250.00 each Structure
$ 1,500.00
. Station#12.50 to Station#315
1) 15" PVC-SDR 26, 1,841 L.F. @ $35.00
8" PVC-SDR 26, 1,841 L.F. @ $17.25
•
Cost Difference per L.F. $17.75
1,841 L.F. @ $17.75
$ 32,677.75
Total $53,413.25
Page 2-S
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
630.820.9100 • FAX: 630.820.7030 • www.compassconsultinggroup.com
08/08/2003 08 10 FAX 630 553 5764 DANIEL J. KRAMER IA 026/027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI, P,L.S.
JEFFREY C'. MILLER, P.E.
August 6,2003
Mr. Joseph Wywrot,City Engineer
CITY OF YORKV ILLE
800 Game Farm Road
Yorkville, IL 60560
Re: Fox Hill On-Site Sanitary,John Street—Recapture—Unit#4
CCG Project No.: 02-061
Station#11.20 to Station#13.40
1) 15"PVC-SDR 26,208 L.F. @ $35.00
8" PVC-SDR 26, 208 L.F. @ $17.25
Cost Difference 208 L.F. @ $17.75 $3,692.00
•
Station#0.00 to Station#11.20
1) 12" PVC-SDR 26, 1102 L.F. @ $22.00
8" PVC-SDR 26, 1102 L.F. @ $17.00
Cost Difference 1102 L.F. @ $5.00 $ 5,510.00
Miscellaneous
1) 10" PVC-SDR 26, 255 LF. @ $19.50
8" PVC-SDR-26,255 L.F. @ $17.00
Cost Difference 255 L.F. @ $2.50 $ 637.50
2) 6" DI Force Main 465 L.F.
465 L.F. @ $16.00 S 7,440.00
3) Resilient Wedge Valve (6") $ 600.00
4) Rob Roy Creek Crossing S 3,100.00
Total $20.979.50
Page 3-S
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
(130.820.9100 • FAX: 630.820.7030 • Www.compassconsullinggroup,com
08/03/2003 08 11 FAX 630 553 5784 DANIEL J KRAMER 0027/027
COMPASS
CONSULTING GROUP, LTD .
LAND SURVEYING • CIVIL ENGINEERING MICHAEL E. FILIPSKI. P.L.S.
JEFFREY C. MILLER, P.E.
August 6, 2003
Mr. Joseph Wywrot, City Engineer
CITY OF YORKVILLE
800 Game Farm Road
Yorkville, EL 60560
Re: Fox Hill On-Site Water, Diehl Farm Road—Recapture
CCG Project No.: 02-061
1) 16" D.I.W.M. 838' @ $33.50 per L.F.
8" D.I.W.M. 838' @ $14.50 per L.P.
Difference per L.F. $19.00
838 L.F. @ $19.00 $ 15,922.00
2) Fire Hydrants (3) @ $1,900.00 each (16"Line)
Fire Hydrants(3) @ $1,500.00 each (8" Line)
Cost Difference$400.00 each x (3) $ 1,200.00
3) 16"Valve(2) @ $1,875.00.each
8"Valve(2) @ $500.00 each
Cost Difference $1,375.00 each x (2) $ 2,750.00
4) 16" X 8" Tee(2) @ $500.00 each
8"X 8" Tee(2) @ $150.00 each
Cost Difference @ $350.00 each x(2) • $ 700.00
Total $20,572.00
Page 1-W
2631 GINGER WOODS PARKWAY • SUITE 100 • AURORA, IL • 60504
630.820.9100 • FAX: 630.820.7030 • www,compassconsultin8group.Com
03/08/2003 08 23 FAX 830 553 5784 DANIEL J. KRAMER I?)002/008
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION 03
RESOLUTION TO PAY THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM FEES TO THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
UNDER PROTEST AND TO AUTHORIZE THE MAYOR TO EXECUTE AND SUBMIT
A PROTEST LETTER
WHEREAS, Public Act 93-0032 authorized the Illinois Environmental Protection
Agency(EPA) to collect fees from municipalities for National Pollutant Discharge Elimination
System Phase II Storm Water Permits (NPNES); and
WHEREAS, previously, municipalities have been an exempt entity from said permit fees;
and
WHEREAS, the United City of Yorkville has received a Noncompliance Advisory Letter
requiring the United City of Yorkville to submit a Notice of Intent application for NPNES
coverage and the newly enacted fee; and
WHEREAS, the Illinois Municipal League has advised all municipalities requiring
coverage to submit said application and fee to the Illinois EPA under protest; and
WHEREAS, the Mayor and City Council deem it to be in the best interest of the City
submit said application and fee under protest to the Illinois EPA:
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Alderman voting, the
Mayor is hereby authorized to submit the NPNES application and fee to the Illinois EPA under
08/08/2003 08 23 FAX 630 553 5764 DANIEL J. KRAMER 003/008
protest and expressly authorized to execute and submit a letter of protest to the Illinois
Environmental Protection Agency on behalf of the United City of Yorkville.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
this day of , A.D. 2003
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2003
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorlcville, Illinois 60560
630.553.9500
00/06/2003 13: 31 630553437777 CITYHOFOYORKVILLE PAGE 02
INTERNATIONAL NEW TRUCK PROPOSAL
O i : n # 1 '0•' ' 1► . : .1 h.
DATE
CONTACT NAME
SUBMITTED BY: CARL
BUYER INTERNATIONAL TRUCK AND ENGINE CORP.
C/O PRAIRIE INT'L TRUCKS, INC.
401 SOUTH DIRKSEN PARKWAY
ADDRESS SPRINGFIELD, IL. 62703
PHONE 217-523-5631 FAX 523-0797
CITY, STATE, ZIP
PHONE FAX
TAX EMEMPT# COUNTY AIR CONDITIONING
HOUR METER, IN-DASH FILTER MINDER
2004 INT'S MODEL 7400 4X2, 160"WB 85" CA AM/FM WEATHER BAND RADIO
HEATED MIRRORS, INTERMITTENT WIPERS
120,000 PSI FRAME, 2,654 400 R.B.M. AIR RIDE DRIVER'S&PASSENGER'S SEATS
14,0000 FRONT AXLE& 14,0000 SPRINGS W/SEAT MOUNTED ARM REST
AIR BRAKES W/ANTI-LOCK ABS STATIONARY FRONT GRILLE
BENDIX AD-IP AIR DRYER
DV2 DRAIN VALVE
SINGLE AIR HORN FRAME MOUNTED
13.2 CU. FT AIR COMPRESSOR
TRAILER BRAKE PACKAGE W/7-WAY TRAILER SOCKET
18" STEERING WHEEL W/TILT
FRAME MTD. VERTICAL EXHAUST PIPE
145 AMP ALTERNATOR COLORS: RED
CIRCUIT BREAKERS IN LIEU OF FUSES
DAY TIME RUNNING LIGHTS
WINTER-SUMMER AIR CLEANER VALVE
RACOR FUEL WATER SEPARATOR W/HEATER CHASSIS OPTIONS ON REQUEST
ENGINE BLOCK HEATER
ENGINE 215 HP DT466E HT. GEARED @65MPH CHASSIS PRICE $40,845,00
MD3060P 6-SP. ALLISON AUTO TRANS. BODY PRICE $33,477.00
19,000#REAR AXLE PRICE $74,322.00
23,500 LB. SPRINGS W14,500 LB. OVERLOADS
70 GAL. FUEL TANK LEFT SIDE
WHEELS HUB PILOTED DISC 22.5 x 8.25 SALES PRICE $ 74,322.00
12R22,5 16 PLY TIRES, G159 FRONT OPTIONS $_128.00 + 140.00_4-275 00
11R22 5 14 PLY TIRES, G164 REAR TOTAL PRICE $74,865.00
HALDEX AUTOMATIC SLACK ADI. TRADE $
OIL BATH FRONT&REAR SEALS
TINTED GLASS, CIGAR LIGHTER NET TOTAL $ 74,865.00
HARNESS FOR FRONT PLOW LIGHTS
BODY BUILDER WIRING BACK OF CAB
POWDER COAT WHEELS ALL PRICESI.O.B.SrRINGFI,ELD,IL SALES TAX
FEDERAL TAX,LICENSE& TIJIX NOT INCLUDED
SELLER SIGNATURE, STATE FLEET SALES MGR. SIGNATURE OF BUYER
0B/06/2003 13:31 630553437777 CITYHOFOYORKVILLE PAGE 03
MONROE TRUCK EQUIPMENT-JOLIET
812 DRAPER AVENUE
JOLIET IL 60432
816-727-3134 FAX 815-727-5429
CUSTOMER : 238700 QUOTE N 49878
Ship to: INTERNATIONAL TRUCK $ ENGINE DATE: 07/30/03
401 SOUTH DIRKSEN OUST PO 4
ATTN: VANNA TERMS: NET 30
SPRINGFIELD IL B2703 SALES REP: 303
QUOTED, BY:
FOR HUGE SAVINGS ON EQUIPMENT, CHECK OUT THE EXCESS INVENTORY SECTION OF OUR W
WWW.MONROETRUCK.COM
WE ARE PLEASED TO QUOTE FOR ACCEPTANCE WITHIN 30 DAYS FROM THE DATE OF QUOTE
PRICES b TERMS IN ACCORDANCE WITH SPECIFICATIONS DESCRIBED IN QUOTE. STATE AND
FEDERAL TAXES WILL BE ADDED WHERE APPLICABLE.
MODEL AND DESCRIPTION
RE: UNITED CITY OF YORKVILLE
10' 5-8 YARD CRYSTEEL GLADIATOR DUMP BODY
- 5 YEAR WARRANTY 100% 1ST 3 YEARS, 50% 4TH & 5TH YEARS
- SIDES; 26', 7GA
- FRONT: 38", 7GA
- REAR 38', 7GA
• FLOOR: 1/4' AR400 9" RADIUS
- WESTERN UNDERSTRUCTURE
- 8 GAUGE DOMAEX RUB RAILS
- 8 GAUGE DOMEX PILLARS
- FULL LENGTH GRIP STRUT WALK RAIL BOTH SIDES
- POLY ACCESS LADDER AND GRAB HANDLE RIGHT SIDE OF BODY
- N01 REFLECTIVE TAPE ACROSS THE BACK OF THE CAB AND SIDES OF BODY
- SELF ADUSTARLE 87-107 DB BACKUP ALARM
- RECESSED LED S/T/T AND BACKUP LIGHTS WITH SEALED WIRED HARNESS
- RUBBER REAR FLAPS
- CAB SHIELD, 1/2 X 10 GA. X 78", 100% WELDED
- VIBRATOR, ELECTRIC
- SPRING LOADED SHOVEL HOLDER
- STEEL SPLASH GUARDS IN FRONT OF REAR WHEELS - FRAME MOUNTED
- AIR TAILGATE, ELECTRIC, W/MOUNTING BRACKETS
- PAINTED ONE COLOR
CRYSTEEL RC750 SUBFRAME HOIST
- 17.2 TON CAPACITY
- 2000 P.S.I.
- FULLY GREASABLE HINGE AND ROLLERS
- DOUBLE ACTING
10' 5-6 YARD CRYSTEEL GLADIATOR DUMP BODY
HYDRAULICS
STATE OF ILLINOIS HYDRAULIC PACKAGE
- REX-ROTH KVABO LOADSENSE PUMP, 420PM @ 2000 RPM
- REX-ROTH MP1B SECTIONAL VALVE
- 30 GALLON HYDRAULIC TANK/VALVE ENCLOSURE COMBO
- IN-TANK RETURN FILTER W/PRESSURE GAUGE
*** CONTINUED NEXT PAGE ***
08/06/2003 13:31 630553437777 CITYHOFOYORKVILLE PAGE 04
MONROE TRUCK EQUIPMENT-JOLIET
B12 DRAPER AVENUE
JOLIET IL 80432
815-727-3134 FAX 815-727-5429
CUSTOMER : 238700 QUOTE 4 49878
Ship to: INTERNATIONAL TRUCK & ENGINE DATE: 07/30/03
401 SOUTH DIRKSEN CUST PO 4
ATTN: VANNA TERMS: NET 30
SPRINGFIELD IL 62703 SALES REP: 303
QUOTED BY:
FOR HUGE SAVINGS ON EQUIPMENT, CHECK OUT THE EXCESS INVENTORY SECTION OF OUR W
WWW.MONROETRUCK,COM
- MORSE CONTROLS, CABLES AND CONTROL STAND
- MANIFOLD, PINTLE PLATE MOUNTED; (ILLINOIS SPEC.)
- PTO, CONSTANT MESH
- DUAL SPREADER CONTROL, MANUAL
HYDRAULIC PKG. , 3-BANK VALVE, PUMP, TANK, & MISC. COMPONENTS
TOWING
- PINTLE HOOK W/MOUNTING, 50 TON
- EXTEND AIR LINES AND ADD GLAD HANDS AT REAR OF FRAME
- 7-WAY CONNECTOR, ROUND SOCKET, ROUND PIN
PLOW HITCH
- MC7082 QUICK HITCH
- 4' X 10" DOUBLE•ACTING
- SIDE PLATES; (ILLINOIS SPEC.)
MONROE FULL MOLDBOARD TRIP REVERSIBLE PLOW
- STRAIGHT 10 GA. STL. MOLDBOARD
- DUAL COMPRESSION SPRING TRIP
- MAIL BOX TRIM FOR RIGHT SIDE OF PLOW
- 5/8" X 8" TOP PUNCH CUTTING EDGE
• INSTALL 2ND 5/8' CUTTING EDGE
- 3" X 10" DOUBLE ACTING REVERSE CYLINDERS
• BUILT-IN LEVEL LIFT
- 100% WELDED
- MOLDBOARD POWDER COATED ORANGE
- PUSH FRAME POWDER COATED BLACK
• (2) WRAP-AROUND CURB GUARD (EACH), INSTALLED; 204
- 36" FLUORESCENT ORANGE FLEXIBLE PLASTIC MARKERS, SHIPPED LOOSE
• PAINT ACRYLIC ENAMEL IN LIEU OF STANDARD ORANGE (IN PRODUCTION)
- SCREW ADJUSTABLE PARK JACK; 304
• MONROE MC6000 QUICK HITCH; PLOW PORTION; 175N
• 11 ' RUBBER SNOW DEFLECTOR, 12", S/I INSTALLED
MP41R11 -ISCT; FULL MOLDBOARD TRIP REVERSIBLE PLOW; 16504
LIGHTING
- STROBE SYSTEM, 96" LIGHTBAR W/REAR BODY STROBES, LED LIGHTS, & HARNESSING
- SCENE LIGHTS ADDED TO ILLINOIS LIGHTBAR
• PLOW LIGHTS W/SIGNALS, HOOD MOUNTED
- SWITCH PANEL, WIRED RITE, W/VIBRATOR SWITCH
""* CONTINUED NEXT PAGE ***
08/06/2003 13:31 630553437777 CITYHOFOYORKVILLE PAGE 05
MONROE TRUCK EQUIPMENT-JOLIET
812 DRAPER AVENUE
JOLIET IL 60432
815-727-3134 FAX 815.727-5429
CUSTOMER : 238700 QUOTE # 49878
Ship to: INTERNATIONAL TRUCK & ENGINE DATE: 07/30/03
401 SOUTH DIRKSEN CUST PO 4
ATTN: VANNA TERMS: NET 30
SPRINGFIELD IL 82703 SALES REP: 303
QUOTED BY:
FOR HUGE SAVINGS ON EQUIPMENT, CHECK OUT THE EXCESS INVENTORY SECTION OF OUR W
WWW.MONROETRUCK,COM
TARP
AERO EASY COVER TARP SYSTEM FOR DUMP BODY
- ASPHALT TREATED COVER
- WIND DEFLECTOR
10' - 13' AERO 600 ELECTRIC TARP
MONROE FULL REPLACEMENT SPREADER FOR 5 YD. & LARGER DUMP BODIES
STANDARD EQUIPMENT:
- BACKING PLATE
- 3 PANEL DESIGN
- FULL WIDTH AGITATOR BAR
- TAILGATE LOOP
SAFETY CHAIN LOOPS
- PAINTED TO MATCH CAB
- FULL LEFT DISCHARGE AUGER
• INSTALLED
RTS-45 RT SPREADER, 45 HIGH, 3 PANEL GATE, REV FLT, LEFT DISCHARGE, 6154
EXHAUST
• 90 DEGREE TURN OUT
TOTAL QUOTE 33,477.00
Make/Model: W.B. C.A, Engine:
Transmission: A/C: Yes No Brakes: Air Hyd.
Chassis Color: Paint Code: Stock b:
Accepted By: Submitted By:
Date: P.O. : for MONROE TRUCK EQUIPMENT
Chassis ETA:
Factory Order 4:
Vin N:
08/08/2003 11 : 28 FAX 630 553 5764 DANIEL J. KRAMER /2002/003
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2003
AN ORDINANCE RESCINDING ORDINANCE 2003-37
AN ORDIANCE AMENDING TITLE 10, CHAPTER 6, ARTICLE 6A, SECTION 2
OR THE YORKVILLE CITY CODE TO PROVIDE FOR HISTORIC
PRESERVATION OF STRUCTURES WITHIN THE R-I ESTATE CLASS ONE-
FAMILY RESIDENTIAL DISTRICT
WHEREAS, The City Council of the United City of Yorkville passed Ordinance
2003-37 on the 8'h day of July, 2003; and
WHEREAS, The City Council of the United City of Yorkville passed Ordinance
2003-42 on the 22"d day of July 2003; and
WHEREAS, the above referenced Ordinances contain identical text; and
WHEREAS, it is the desire the of Mayor and City Council to rescind United City
of Yorkville Ordinance 2003-37 in order to avoid the existence of duplicate ordinances
within the United City of Yorkville Code:
NOW,THEREFORE. Be It and It is Hereby Ordained by the Mayor and City
Council of the United City of Yorkville, Kendall County, Illinois, as follows:
That United City of Yorkville Ordinance 2003-37 An Ordinance Amending Title
10, Chapter 6, Article 6a, Section 2 or the United City of Yorkville City Code to provide
for historic preservation of structures within the R-1 Estate Class One-Family Residential
District is hereby rescinded.
Effective Date. This ordinance shall be in full force and effect forthwith upon it
adoption.
03/08/2003 11 28 FAX 630 553 5764 DANIEL J. KRAMER a 003/003
Adopted , 2003
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 20 .
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County,
Illlinois this day of , A.D. 2003.
•
Attest:
CITY CLERK
08/08/2003 08 23 FAX 630 553 5764 DANIEL J. KRAMER a 004/008
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO.2003-
ORDINANCE APPROVING VARIANCES FOR REAR-YARD SETBACKS FOR
RESIDENCE LOCATED
AT 2147 KINGSMILL STREET
WHEREAS,Brad J. Quincer filed ZBA Petition 2003-09 requesting a variance for rear-
yard setbacks for the construction of a single family residence which is more specifically
described in the attached exhibit "A"; and
WHEREAS, the Petitioners plan to substantially improve the real property to enhance the
value of the property and improve the aesthetics of the neighborhood; and
WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public
hearing with regard to said Petition; and
WHEREAS, the Zoning Board of Appeals took public comment on the issues before it
and made specific findings of fact related to the granting of the variances sought; and
WHEREAS,the Zoning Board of Appeals recommended the approval of said requested
rear-yard variances to the City Council; and
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
reviewed the findings of fact made by the Zoning Board of Appeals, considered the public
comment presented at the public hearings and have determined that the requested variances are
1
08/08/2003 08 23 FAX 830 553 5784 DANIEL J. KRAMER fh005/008
appropriate under the circumstances presented by the Petitioners;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a
majority of those so voting,the following Variances are hereby granted from the United City of
Yorkville Zoning Code for the real property more fully described in Exhibit"A":
1. Rear Yard Set Back: 10-6B-4 of the United City of Yorkville Zoning Code is
hereby varied to permit the rear yard set back of single family residence to be thirty four feet
(34').
The variances granted herein are contingent upon the construction residence pursuant to
the design, plan and specifications presented to the Zoning Board of Appeals and the City
Council. No other variances from the City Code for design,plan or specifications for said
structure shall be permitted.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
,2003 by the City Council of the UNITED CITY OF YORKVILLE.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of ,A.D. 2003,
2
08/08/2003 08 23 FAX 630 553 5764 DANIEL J. KRAMER a 006/008
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois
this day of , A.D. 2003,
Attest:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630.553.9500
3
08/08/2003 08.23 FAX 630 553 5764 DANIEL J. KRAMER [6007/008
EXHIBIT"A"
Legal Description of Property:
4
STATE OF ILLINOIS ) 07/14/03, 8/1/03,8/8/03
)SS
COUNTY OF KENDALL )
ANNEXATION AGREEMENT OF GAIL C. FISHER, GARY L. CONOVER,
DIANE J. CONOVER,JOHN E. LIES, DOLORES C. LIES
AND KIMBALL HILL HOMES
This Annexation Agreement (hereinafter "Agreement"), is made and entered into this
day of , 2003, by and between the UNITED CITY OF YORKVILLE, a
municipal corporation, hereinafter referred to as "CITY", the owners of record GAIL C.
FISHER, GARY L. CONOVER, DIANE J. CONOVER, JOHN E. LIES AND DOLORES
C. LIES, herein collectively referred to as "RECORD OWNER" or"OWNER", and KIMBALL
HILL HOMES,herein referred to as "DEVELOPER".
WITNESSETH
WHEREAS, OWNER owns fee simple title to the real property which is legally
described in Exhibit "A" attached hereto, consisting of approximately 300 acres, more or less
(hereinafter"PROPERTY"); and
WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of
the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the
terms of this Agreement and the Ordinances of the CITY; and to provide that when said
PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence
District; and
59844/4
1
WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such annexation; and
WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater
management system for the PROPERTY that is in conformance with City Ordinances; and
WHEREAS, all notices required by law relating to the annexation of the PROPERTY to
the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Illinois Compiled Statues; and
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to annexation and zoning all as required by the provisions of the
CITY'S Ordinances and Illinois Compiled Statutes; and
WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the
CITY the PROPERTY shall be placed in a R-2 Single Family Residence District as set forth in
the Annexation Plat attached hereto and incorporated herein by reference as Exhibit"B"; and
59844/4
2
WHEREAS, in reliance upon the development of the PROPERTY in the manner
proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other
documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the
parties hereto wish to enter into a binding agreement with respect to the future annexation and
zoning of the PROPERTY and to provide for various other matters related directly or indirectly
to the annexation of the PROPERTY in the future, as authorized by, the provisions of said
statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have had such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of
the CITY relating to the procedure for the authorization, approval and execution of this
Annexation Agreement by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
1. ANNEXATION.
OWNER has or will file with the Clerk of the CITY a duly and properly executed petition
59844/4
3
•
pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the
PROPERTY and any adjacent roadways not previously annexed to the City of Yorkville. CITY
agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably
practical.
2. ZONING.
A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall
adopt an Ordinance amending the provisions of the United City of Yorkville
Zoning Ordinance so as to provide that the PROPERTY shall be classified and
shall zone the parcel R-2 Single Family Residence District.
B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if
necessary, amend its Comprehensive Plan to provide for the uses on the
PROPERTY that are reflected in this Agreement.
C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be
developed in substantial compliance with the ordinances of the CITY in effect at
the time of passage of this agreement by the City Council of the UNITED CITY
OF YORKVILLE, and from time to time amended as, the same shall be applied to
the property as duly passed by the UNITED CITY OF YORKVILLE.
D. PreliminaryConcept Plan. The CITY hereby approves the PreliminaryConcept
Plan attached hereto as Exhibit C, prepared by Jen Land Design dated 6/2/03.
3. ANNEXATION TO SANITARY DISTRICT
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A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to
request annexation and sanitary sewer service for the PROPERTY from the
Yorkville Bristol Sanitary District.
B. OWNER/DEVELOPER shall cause the PROPERTY, to be annexed to the
Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the
purpose of extending and connecting to the sanitary sewer lines and treatment
facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service
the PROPERTY and the connection of such sanitary sewer lines to the existing
sewer lines of Yorkville-Bristol shall be carried out in substantial compliance
with the Final Engineering as approved by the CITY for each Phase of
Development. The CITY shall fully cooperate with OWNER and DEVELOPER
in obtaining such permits as may be required from time to time by both federal
and state law, including, without limitation, the Illinois Environmental Protection
Act, permitting the construction and connection of the sanitary sewer lines to the
Yorkville-Bristol facilities, in order to facilitate the development and use of each
Phase of Development of the PROPERTY. The sanitary sewer mains constructed
by DEVELOPER for each Phase of Development which are eighteen(18) inches
or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and
Yorkville-Bristol shall take ownership of and, at its expense, be responsible for
the ongoing care, maintenance, replacement and renewal of said Large Lines, and
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the sanitary sewer lines which are less than eighteen inches in diameter ("Small
Lines") shall be conveyed to the CITY and the CITY shall take ownership of and,
at its expense, be responsible for the ongoing care, maintenance, replacement and
renewal of said Small Lines following the CITY's acceptance thereof, which
acceptance shall not be unreasonably denied or delayed. CITY agrees to allow
connection of the PROPERTY to the sanitary sewer lines adjacent to the
PROPERTY until such time as the proposed Rob Roy Creek Interceptor is
available at the property Buie of the PROPERTY. The DEVELOPER agrees to
cooperate with the City regarding the Rob Roy Creek Sanitary Sewer Interceptor
prof ect.
4. WATER.
The CITY shall provide adequate potable water in sufficient quantities and
pressure to serve the needs of the PROPERTY.
5. DONATIONS AND CONTRIBUTIONS.
A. The DEVELOPER shall pay Three Thousand Dollars ($3,000.00) as School
Transition fees per residential dwelling unit in said PROPERTY as voluntarily
agreed to by DEVELOPER to the Yorkville Community School District #115;
City Development fees of Two Thousand One Hundred Dollars ($2,100.00) per
residential dwelling unit shall be paid by DEVELOPER at the time of building
permit issuance; the Municipal Building Fee of One Hundred Fifty dollars
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($150.00) per unit payable at final plat recording for the first neighborhood and
the balance for Neighborhoods 2 and 3 on or before March 31, 2004, as well as
other published fees to the CITY in conformance with City Ordinances or as
modified herein, including but not limited to City Reimbursement of Consultants
and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash
Ordinance, and other such fees to the CITY in conformance with the City
Ordinances or as modified from time to time herein. Said Transition,
Development, and other fees shall be paid per single-family residence concurrent
with and prior to the issuance of each respective single-family building permit.
Said fees are being paid voluntarily and with the consent of DEVELOPER based
upon this contractual agreement voluntarily entered into between the parties after
negotiation of this Agreement. DEVELOPER knowingly waives any claim or
objection as to amount of the specific fees negotiated herein voluntarily.
B. DEVELOPER shall pay all school and park land-cash fees or provide land
dedication as required under existing City Ordinances at the election of the CITY.
1. DEVELOPER agrees to dedicate a Park Site at the location and acreage
amount as shown on the Concept Plan attached hereto and incorporated
herein by reference as "Exhibit C".
2. CITY agrees to accept ownership of and to forever maintain the proposed
trail system within the PROPERTY.
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3. In order to provide for the maintenance of the Subdivision signage,
common areas and open space, in the event the Homeowner's Association
fails to so maintain, OWNER agrees to execute a consent to the creation of
a dormant Special Service Area prior to execution of the First Final Plat of
Subdivision by the CITY; and the CITY shall have approved ordinances
encumbering all residential units of said subdivision, as to common
subdivision signage, storm water management or other common areas of
the subdivision.
4. The Yorkville Community School District #115 has indicated to
DEVELOPER that it seeks satisfaction of Land/Cash Contribution by a
land donation as set out in the Letter attached hereto and incorporated
herein by reference as "Exhibit D".
5. Any contributions for Land/Cash for Schools and/or Parks not satisfied by
land donations shall be made up with cash contributions for the difference
in value or in kind improvements within the parks and/or construction of
bicycle paths.
C. In the event the CITY requires DEVELOPER to oversize water mains, sanitary
sewer mains, storm sewer lines, or other improvements such as roads that benefit
other properties, the parties shall enter into a written agreement specifically
providing that said costs shall be reimbursed by the CITY, or be the subject of a
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Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before
DEVELOPER is required to perform any oversizing or additional road
improvements.
D. Upon annexation, police protection; 911 service, and library service will be
provided by the City at no charge to the Developer.
E. The DEVELOPER shall pay a Fire District Fee of Three Hundred Dollars
($300.00) per home. One half of said fee ($150.00) per unit shall be due and
payable for the first phase of the development in a lump sum at the time of final
plat recording. The balance owed for the entire property shall be paid on or
before March 31, 2004.
6. SECURITY INSTRUMENTS.
DEVELOPER shall deposit, or cause to be deposited, with the CITY such
irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the
City, to guarantee completion and maintenance of the public improvements to be constructed as
a part of the development of each Phase of Development as are required by applicable.
ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an
irrevocable letter of credit or surety bond will be used as the security instruments. The amount
and duration of each Security Instrument shall be as required by applicable ordinances of the
CITY. The City Council upon recommendation by the City Engineer, may from time to time
approve a reduction or reductions in the Security Instruments by an amount not in excess of
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eighty five (85%) of the value certified by the City Engineer of the completed work, so long as
the balance remaining 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.
Security for construction of perimeter roadways and onsite improvements may be
dedicated, constructed, and/or bonded as independent Phases of Development at the sole
discretion of the DEVELOPER.
7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS
The public improvements constructed as a part of the development of each phase of
development shall be accepted by the CITY pursuant to the provisions of the Subdivision
Ordinance. The City shall exercise good faith and due diligence in accepting said public
improvements following DEVELOPER'S completion thereof for each phase of development in
compliance with the requirements of said ordinance; and the City Engineer shall make his
recommendation to the City Council not later than thirty (30) days from the date of
DEVELOPER'S request for approval of any public improvements.
8. OVERSIZING.
In the event DEVELOPER is required to oversize and/or deepen any water, storm
sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require
anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within
30 days of any other parcel of real property connecting to said improvements, for
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DEVELOPER'S costs of oversizing said lines including costs for deepening said lines and any
engineering fees, and other costs associated therewith. In the event DEVELOPER seeks said
reimbursement, the parties agree separately that the Recapture Agreement shall be executed
pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act
governing the Recapture with the requisite Public Hearing being held and requisite recapture
ordinance being approved by the City Council contingent on the percentage of the benefit to the
DEVELOPER and including the service area effected.
In the event any said oversizing is required, the CITY and DEVELOPER agree to
prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and
approving the same within a reasonable amount of time after those costs are ascertained.
DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from
any liability as a result of any recapture imposed.
9. AMENDMENTS TO ORDINANCES
All ordinances, regulations, and codes of the CITY, including without limitation
those pertaining to subdivision controls, zoning, storm water management, drainage, and
building code requirements, (so long as they do not affect the City's International Standards
Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as
amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and
its development if universally applied to all property in the CITY, shall also apply to the
PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such
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ordinances, regulations and codes shall apply to the PROPERTY after a period of seven (7) 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
PROPERTY except upon the written consent of DEVELOPER during said seven (7) year
period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the
CITY shall not be applied to the development of the PROPERTY except upon the written
consent of DEVELOPER during said seven (7) year period. After said seven (7) year period, the
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 seven (7) 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 on the Concept Plan for the
PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures
provided for herein, nor result in any subdivided lot or structure constructed within the
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 PROPERTY pursuant to the
express and specific mandate of any superior governmental authority, and applicable generally
within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall
apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any
so-called "Grandfather" provision contained in such superior governmental mandate which
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would serve to exempt or delay implementation against the PROPERTY shall be given full force
and effect. Furthermore, provided that the amended regulation is applicable and enforced
generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER
or DEVELOPER from contesting or challenging any such mandate of any superior governmental
authority in any way legally possible, including, without limitation, by challenging such mandate
on its face or as applied to the PROPERTY in any administrative or judicial forum having
jurisdiction at DEVELOPER's sole cost.
Notwithstanding any of the terms or provisions of this Agreement, however, no
change, modification or enactment of any ordinance, code or regulation so long as they do not
affect the CITY'S ISO insurance rating, shall be applied during said seven (7) year period so as
to: (i)_affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii)
affect the CITY's Bulk Regulations, including, but not limited to, setback, yard height, FAR and
frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY
specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent
DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in
accordance with this Agreement and the exhibits attached hereto. Except as modified by the
previous sentence and the provisions hereof or other terms and provisions of this Agreement,
OWNER, shall comply in all respects with the conditions and requirements of all ordinances of
the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the
CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY,
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provided, however, notwithstanding any other provision of this Agreement, if there are
ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their
application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be
entitled to application of such less restrictive ordinances, regulations and/or codes to the
PROPERTY and any parcel or phase thereof.
DEVELOPER and all successor developers of the PROPERTY or any parcel or
phase thereof shall be entitled to take advantage immediately of any subsequently adopted
amendments to the CITY'S ordinances, regulations, resolutions and/or codes that establish
provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of
the effective date of this Agreement so long as such less restrictive provisions do not frustrate the
purpose of this Agreement or the intent of the parties relative to the development of the
PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions
of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and
resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control
over the provisions of any ordinances, codes, regulations and resolutions of the CITY.
10. RECAPTURE
DEVELOPER understands and agrees that it is liable to the CITY for water and sanitary
sewer previously installed by the CITY that serves the PROPERTY. DEVELOPER shall pay
$525.00 per each building permit to fully reimburse the CITY. In the event that any lots within
the PROPERTY are served by the proposed Rob Roy Creek sanitary sewer a credit for said lots
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shall be given to the DEVELOPER.
11. FEES AND CHARGES.
During the first four (4) years following the date of the Agreement, the CITY
shall impose upon and collect from DEVELOPER, and their respective contractors and
suppliers, only those permit, license, tap on and connection fees and charges, and in such amount
or at such rate, as are in effect on the date of this Agreement and as is generally applied
throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee
Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this four
year term, the CITY shall give the OWNERS and/or 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.
12. CONTRIBUTIONS.
The CITY shall not require the OWNERS and DEVELOPER to donate any land
or money to the CITY or any other governmental body, except as otherwise expressly provided
in this Agreement, except the Forest Preserve District. The CITY agrees to accept title to the
floodplain adjacent to Rob Roy Creek if and when offered by the DEVELOPER.
13. PROJECT SIGNS
Following the date of this Agreement and through the date of the issuance of the
final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct,
maintain and utilize offsite subdivision identification, marketing and location signs at such
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locations within the corporate limits of the CITY as DEVELOPER may designate (individually
an"Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance
by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all
necessary and appropriate legal rights for the construction and use of each of the Offsite Signs.
Each Offsite sign may be illuminated subject to approval by the CITY. In addition to the Offsite
Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the
PROPERTY as identified in Exhibit"G" attached hereto.
14. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS.
During the development and build out period of the PROPERTY (subsequent to final plat
approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize,
may construct, operate and maintain model homes and sales trailers within the PROPERTY
staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and
may be utilized for sales and construction offices for the PROPERTY. The number of such
model homes and sales trailers and the locations thereof shall be as from time to time determined
or authorized by the DEVELOPER.
Off-street parking shall be required for model homes when more than five (5)
model homes are constructed on consecutive lots in a model home row. Three (3) off-street
spaces will be required for each model home in a model home row, with combined required
parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the
parking areas and walks will be submitted for review and approval by the CITY.
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No off-street parking shall be required for individual model homes or sales
trailers that are not part of a model home row other than the driveway for such model home/sales
trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building
permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for
each neighborhood, shall be issued by the CITY upon proper application thereof prior to the
installation of public improvements (provided a gravel access road is provided for emergency
vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol-
Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a
model home and water shall be made available within 300' of the model home. There shall be no
occupation or use of any model homes or production dwelling units until the binder course of
asphalt is on the street, and no occupation or use of any production dwelling units until the water
system and sanitary sewer system needed to service such dwelling unit are installed and
operational.
DEVELOPER may locate temporary sales and construction trailers upon the
PROPERTY during the development and build out of said property, provided any such sales
trailer shall be removed within one (1) week following issuance of the last occupancy permit for
the PROPERTY. A building permit will be required by the CITY for any trailer that will be
utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an
exhibit of the sales trailer site with landscaping and elevations for the City's approval.
DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY
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and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and
expenses incurred by or brought against all or any of the Indemnities as a direct and proximate
result of the construction of any model homes or production dwelling units prior to the
installation of the public street and water improvements required to service such dwelling unit.
DEVELOPER shall be permitted to obtain building permits in the same manner for additional
model homes and for initial production dwelling units in each neighborhood as the Final Plat and
Final Engineering for each such neighborhood is approved by the CITY. The foregoing
indeimification provision shall, in such case, apply for the benefit of Indemnities for each phase.
15. CONTRACTORS TRAILERS.
The CITY agrees that from and after the date of execution of this Agreement,
contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of
the PROPERTY as required and approved by the DEVELOPER for development purposes. Said
trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit
for the PROPERTY. A building permit will be required by the CITY for any trailer that will be
utilized as office space. All contractor's trailers and supply trailers shall be kept in good
working order and the area will be kept clean and free of debris. No contractor's trailers or
supply trailers will be located within dedicated right-of-way.
16. ONSITE EASEMENTS AND IMPROVEMENTS.
In the event that during the development of the PROPERTY, DEVELOPER
determines that any existing utility easements and/or underground lines require relocation to
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facilitate the completion of Developer's obligation for the PROPERTY in accordance with the
Concept Plan, the CITY shall fully cooperate with the 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 DEVELOPER. If any easement granted to the CITY as a part of
the development of the PROPERTY is subsequently determined to be in error or located in a
manner inconsistent with the intended development of the PROPERTY as reflected on the
Concept Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in
vacating and relocating such easement and utility facilities located therein, which costs shall be
borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any
vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any
such easement and the public utilities located therein unless the relocation involves overhead
utilities. If any existing overhead utilities are required to be relocated or buried on perimeter
roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in
the relocation of those utilities. Upon the
DEVELOPER's request, the CITY will make the request to have overhead utilities relocated and
will make the relocation of such utilities a CITY run project. In the event there is a cost to the
DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER
shall have the right to make the determination as to whether the utility lines will be buried or re-
located overhead.
In the event that the CITY decides not to extend Faxon Road to Route 47, the CITY
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agrees to vacate at no charge to the DEVELOPER, any dedicated street stub right-of-way for
said Faxon Road extension.
The CITY hereby grants any necessary variances to the CITY subdivision and/or
Improvement ordinances as they relate to street block lengths in order to conform with the
proposed preliminary plat.
The CITY agrees to allow up to six feet (6') of bounce in any stormwater management
facility.
In the event that the CITY determines that a bike path adjacent to and parallel with Rob
Roy Creek on the PROPERTY is not necessary, the money proposed to be allocated for said bike
path and credited against Park fee donations under the land/cash ordinance, may instead be used
by the CITY to construct a bicycle/pedestrian bridge over Rob Roy Creek.
17. MASS GRADING.
Pursuant to the existing CITY ordinance on the date of execution of this
Agreement, the CITY agrees to allow the DEVELOPER to begin mass earthwork before final
plat approval, but only after review and approval of the final engineering grading plan for the
PROPERTY. DEVELOPER agrees to post any necessary bond for said work with the CITY
prior to commencement of operations.
18. BINDING EFFECT AND TERM.
This Annexation Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns including, but not limited to, successor owners of
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record, successor developers, lessees and successor lessees, and upon any successor municipal
authority of the CITY and successor municipalities for a period of twenty (20) years from the
later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto.
19. NOTICES AND REMEDIES.
Nothing contained herein shall require the original named OWNERS in this
Agreement to undertake any of the development obligations in this Agreement; those obligations
being the responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/
DEVELOPER of the PROPERTY.
Upon a breach of this Agreement, any of the parties in any court of competent
jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available
at law or equity.
Before any failure of any party of this Agreement to perform its obligations under
this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure
shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed
to perform, state the obligation allegedly not performed and the performance demanded.
Notice shall be provided at the following addresses:
CITY: UNITED CITY OF YORKVILLE
800 Game Farm Road
Yorkville, IL 60560
Attn: Mayor
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Copy to: CITY Attorney:
Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
DEVELOPER Kimball Hill Homes
5999 New Wilke Road,Building 5
Rolling Meadows, IL 60008
DEVELOPER'S: John F. Philipchuck, attorney
Dommermuth, Brestal, Cobine &West, Ltd.
111 W. Downer Place
Aurora, IL 60504
RECORD OWNERS: GAIL C. FISHER
GARY L. CONOVER
DIANE J. CONOVER
JOHN E. LIES
DOLORES C. LIES
20. AGREEMENT TO PREVAIL OVER ORDINANCES.
In the event of any conflict between this Agreement and any ordinances of the
CITY in force at the time of execution of this agreement or enacted during the pendency of this
agreement, the provision of this Agreement shall prevail to the extent of any such conflict or
inconsistency.
21. PARTIAL INVALIDITY OF AGREEMENT.
If any provision of this Agreement (except those provisions relating to the
requested rezoning of the PROPERTY identified herein and the ordinances adopted in
connection herewith), or its application to any person, entity, or property is held invalid, such
provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the
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application or validity of any, other terms, conditions and provisions of this Agreement and, to
that end, any terms, conditions and provisions of this Agreement are declared to be severable.
If, for any reason during the term of this Agreement, any approval or permission
granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY
agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances
effectuating the zoning, variations and plat approvals proposed herein.
22. 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 ap-
propriate action at law or in equity to secure the performance of the covenants and
agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and
interest, and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon each and every subsequent grantee and
successor in interest of the OWNERS and DEVELOPER, and the CITY. The
foregoing to the contrary notwithstanding, the obligations and duties of OWNERS
and DEVELOPER hereunder shall not be deemed transferred to or assumed by
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any purchaser of a empty lot or a lot improved with a dwelling unit who acquires
the same for residential occupation, unless otherwise expressly agreed in writing
by such purchaser.
C. This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, regarding the subject matter hereof shall be
deemed to exist to bind the parties. The parties acknowledge and agree that the
terms and conditions of this Agreement, including the payment of any fees, have
been reached through a process of good faith negotiation, boLin 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. 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 and OWNERS and DEVELOPER shall take all action necessary or
required to fulfill the intent of this Agreement as to the use and development of
the PROPERTY.
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E. 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 PROPERTY as to provisions applying exclusively thereto, without the
consent of the owner of other portions of the PROPERTY not affected by such
Agreement.
F. Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any
portion of the PROPERTY, whether improved or unimproved.
G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their
successors or assigns, to develop the PROPERTY in accordance with the
provisions of this Agreement, provided said ordinances or resolutions are not
contrary to law. The CITY agrees to authorize the Mayor and City Clerk to
execute this Agreement or to correct any technical defects which may arise after
the execution of this Agreement.
H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In
the event construction is commenced within said twenty-year period all of the
terms of this Agreement shall remain enforceable despite said time limitation,
unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
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I. 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.
J. Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense.
K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
L. 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.
M. 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.
N. 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 PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not
limited to, county, state or federal regulatory bodies.
23. USE OF PROPERTY FOR FARMING/ZONING.
59844/459844/2
26
Any portion of the PROPERTY, which is not conveyed or under development as
provided herein, may be used for farming purposes,regardless of the underlying zoning.
IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day
and year first above written.
59844/459844/2
27
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Attest:
CITY CLERK
RECORD OWNERS:
GAIL C. FISHER
GARY L. CONOVER DIANE J. CONOVER
JOHN E. LIES DOLORES C. LIES
59844/459844/2
28
DEVELOPER:
KIMBALL HILL HOMES
By:
Attest:
Prepared by and Return to:
John F. Philipchuck, Esq.
Dommermuth, Brestal, Cobine & West, Ltd
111 West Downer Place, Suite 300
Aurora, IL 60506
59844/459844/2
29
EXHIBIT LIST
Exhibit A - Real property description
Exhibit B - Annexation Plat
Exhibit C - Concept Plan
Exhibit D - Yorkville Community School District#115 Letter
Exhibit E - Yorkville Building Code
Exhibit F - Fee Schedule
Exhibit G - Signs
59844/459844/2
30
EXHIBIT "E"
CURRENT CITY BUILDING CODES
2000 International Building Code (Ord. 2003-01) with two amendments:
i. Stair height and risers (Ord. 2003-08)
ii. Energy Code (Ord. 2003-05)
59844/459844/2
EXHIBIT "F"
SCHEDULE OF FEES
Fee $/Unit/Acre
Sanitary Sewer
Tap-On Fee $2,000*699/unit
Water
Tap-On Fee $2,000up to $2,600/unit
School
Transition Fee $3,000/unit
Cash Donation $58,000/acre
Park
Donation $58,000/acre
City Fees
Capital Improvement Fee $2,100/unit
Engineering Inspection & Administrative Fee 1.75% of Engineering cost for
Developer's Public Improvements
Engineering Review Paid at hourly rate to EEI
Building Permit Fee $650+ $.20/sf
Sanitary and Water Recapture $525/+interest/single-family homes
at time of building permit
Siren $75/acre payable at final plat
recording building permit
In lieu of Traffic Impact Fee; Developer improving Faxon Road
and relocating Faxon Road, within
the Property and adding a
northbound left turn bay to
Cannonball Trail at Faxon Road.
*provided, however that in the event that the current sanitary sewer study determines that a lesser
amount shall be charged, the DEVELOPER shall be required to pay any lesser amount.
Additionally the DEVELOPER shall be entitled to a credit against sewer tap-on fees in an
amount equal to the sewer recapture owed to the CITY by the PROPERTY for the Cannonball
Trail sanitary sewer.
59844/459844/2
EXHIBIT "G"
SIGNS
All project signage is subject to review and permitting but will be in substantial conformance
with the following and shall meet any site distance and other health/safety issues.
Onsite Project Identification Signs:
1. Number: 2
2. Maximum Height: 20 feet
3. Maximum Sign Faces per sign: 2
4. Maximum Sign Face Area Per Side: 200 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by Developer
II. Onsite Model Home Signs:
1. Number: 1 sign for each model home
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area per Side: 32 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by Developer
III. Onsite Directional and Information Signs:
1. Number: No maximum number
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 16 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by Developer
IV. Onsite Sales or Marketing Signs/Flags:
1. Number: 8
2. Maximum Height: 25 feet(Flags/Poles)
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Location: As from time to time determined by Developer
V. Permanent Entry Monument Signs:
59844/459844/2
Permanent entry monument signs and treatments shall be permitted in compliance with
applicable provisions of the City Sign Ordinance or as otherwise approved by the City
Council or Building and Zoning Officer upon request by DEVELOPER.
59844/459844/2
08/0B/2003 13: 12 FAX 630 553 5764 DANIEL J. KRAMER Q002/004
•
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000 -
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AND ANNEXATION AGREEMENT OF GAIL C. FISHER,
GARY L. CONOVER,DIANE J. CONOVER,JOHN E. LIES, DOLORES C. LIES, AND
KIMBALL HILL HOMES
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Development and Annexation Agreement pertaining to the
development of the real estate described in Exhibits "A"and"B",and pertaining to the annexation
and development of the real estate described in Exhibit"C" attached hereto and made a part hereof
entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Development and Annexation Agreement has been drafted and has been
considered by the City Council; and
WHEREAS,the legal owner of record of the territory which is the subject of said Agreement
is 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 5/11-15.1-1, as amended, for the
execution of said Development and Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
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08/08/2003 13 12 FAX 630 553 5784 DANIEL J KRAMER Z 003/004
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, a Development and Annexation Agreement concerning the annexation and
development of the real estate described therein, a copy of which Development and Annexation
Agreement is attached hereto and made a part hereof.
Section 2:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Section 3: That all Ordinances or portion of Ordinances in conflict herewith be,and they are
hereby repealed insofar as such conflict exists.
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this
day of , A.D. 20_.
MAYOR
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08/0B/2003 13 12 FAX 830 553 5764 DANIEL J. KRAMER Z 004/004
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 20 .
Attest:
CITY CLERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630,553.9500
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