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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 —1— 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: —2— 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 —3— 08/08/2003 08 15 FAX 630 553 5764 DANIEL J KRAMER /2)004/028 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 —4— 08/08/2003 08 15 FAX 630 553 5764 DANIEL J KRAMER /2005/028 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 —5— 08/08/2003 08 15 FAX 630 553 5764 DANIEL J. KRAMER 0 006/028 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 —6— 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 —7— 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. —8— 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: —9— 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: —10— 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 —1— 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 . —2— 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. —3— 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. —4— 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 —5— 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 —1— 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 —2— 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 —3— 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 —4— 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 —5— 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 —6— 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 —7— 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 —8— 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, —9— 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 —10— 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. —11— 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 —12— 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 I ' i '10- --, i 03 , 0 United City of Yorkville County Seat of Kendall County EST. .1836 800 Game Farm Road ��- !� , Il ��"�0" O� via Zia�\ Yorkville O Phone:630-553-4350linois60560 Fax:630-553-7575 1-`&LE wv 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"-\ --- (- ___ ..t '-D\- (. --.] '-.'__- --__. • -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 59844/4 4 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 59844/4 5 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 59844/4 6 ($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. 59844/4 7 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 59844/4 8 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 59844/4 9 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 59844/4 10 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 59844/4 11 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 59844/4 12 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, 59844/4 13 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 59844/4 14 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 59844/4 15 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. 59844/4 16 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 59844/4 17 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 59844/4 18 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 59844/4 19 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 59844/4 20 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 59844/4 21 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 59844/4 22 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 59844/4 23 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. 59844/459844/2 24 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. 59844/459844/2 25 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. -1- 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 -2- 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 -3 -