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Public Works Packet 2003 12-22-03 United City of Yorkville ° i,6, , County Seat of Kendall County EST. 11 � 1836 800 Game Farm Road to Q T�— In Phone:Yrkville630-5534350, Illinois 60560 Q �,� KmCePCou �= Fax:630-553-7575 � LENv PUBLIC WORKS COMMITTEE MEETING AGENDA Monday, December 22, 2003 7:00 PM City Hall Conference Room Approval/Correction of Minutes: None Presentations: Grande Reserve Perimeter Roads by E.E.I. New Business: 1. Sprintcom Lease Agreement 2. North Water Tower Change Order #2 3. September and October 2003 Water Reports 4. Well #7 Drilling Change order #2 Old Business: 1. Director of Public Works Salary Survey 2. Subdivision Ordinance Revisions 3. City Hall Parking Lot Change Order #2 4. Update on Fox Hill Units 1, 2, 3, 4, 6 and Route 34 Improvements Additional Business: Page 1 of 1 Subj: Draft Sprintcom Lease Date: 11/17/2003 11:00:28 AM Central Standard Time ;From: MSASchapman@cs.com To: COYSECRETARY,YRKVADMNR201 'File: YorkvilleTowerLease.doc (212992 bytes) DL Time (46667 bps): < 1 minute Tony and Annette: Attached is a Word version of the draft Sprintcom lease. Since the antenna panel attachment is to a city-owned water tower, Sprint's draft lease left out many provisions which directly relate to the City's need to protect the water tower and to make certain that proper notice, insurance, and indemnification provisions are present. As a result, the draft lease is considerably longer than the one that Sprint provided. The draft lease is modeled after a lease between Sprintcom and the Village of North Aurora where Sprintcom located on top of the Village's water tower. Please let me know if you have any questions or need further information. Sincerely, Stu Chapman Municipal Services Associates, Inc. Wednesday, November 19, 2003 America Online: COYSECRETARY United City of Yorkville County Seat of Kendall County EST.141 ��`183 800 Game Farm Road - f!) Yorkville, Illinois 60560 0 in Gds..,\ Q Phone:630-553-4350 A ' K. �o�M v�� Fax:630-553-7575 2LE NN'' November 18, 2003 Tony Graff Administrator • United City of Yorkville • 800 Game Farm Rd. Yorkville, IL 60560 RE: Municipal Services Associates Dear Tony: I have reviewed the original Lease and the revisions by Municipal Services Associates. I believe with the revisions recommended our interests at the City are protected, presuming the City Council is o.k. with the approved lease from a business point of view. I do not have any legal concerns. Should you have any questions please feel free to contact me. Very Truly Yours, 0,„se 24104-- Daniel J. Kramer, Attorney at Law DJK/cth Enclosure DRAFT Page 1 LEASE AGREEMENT THIS LEASE AGREEMENT entered into as of this day of , 2003, by and between the UNITED CITY OF YORKVILLE, ("Landlord"), an Illinois municipal corporation and SPRINTCOM, INC. ("Tenant"), A Kansas Corporation located at BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located at 610 Tower Lane, which is within the zoning jurisdiction of the United City of Yorkville, Kendall County, Illinois legally described on the attached Exhibit "A" (the "Premises"), on which a municipal water tower(the "Water Tower") is located. B. Tenant desires to lease space on the top of the Water Tower on the Premises for the installation and operation of certain Antenna facilities, which may include an antenna array of panels, connecting cables, an equipment shelter and appurtenances (collectively, "Antenna Facilities") for use in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. D. All references herein to the "Zoning Ordinance" refer to the United City of Yorkville Zoning Ordinance, Title 10, Chapter 15 of the Yorkville Municipal Code. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of the Premises, consisting of space on the top ("Dome") of the Water Tower, for the Tenant's Antenna Facilities to be placed and constructed in conformance with applicable City codes and ordinances. Tenant may not add additional equipment and/or Antenna Facilities from that described in Paragraph B above without the prior written approval of the Landlord, which shall not be arbitrarily withheld, conditioned or delayed. Notwithstanding any provision of this Agreement to the contrary, upon Landlord's prior written consent which shall not unreasonably be withheld, conditioned, or delayed, Tenant shall have the right to: (a) make additions, alternations or improvements to Tenant's Antenna Facilities; and(b) replace any or all of its equipment installed on or about the Dome with replacement equipment of a substantially similar kind, which is reinstalled in substantially the same place and position, and is of substantially the same size and weight as the replaced equipment. Page 2 2. Term. This Lease has been executed this day of , 2003, (the "Commencement Date") for a period of five (5)years commencing on the Commencement Date and terminating at midnight on the last day of the initial term. Tenant may extend the Lease, on the same terms, for four(4) "additional terms" of five (5)years each, (hereinafter "Renewal Terms") automatically,unless Tenant gives Landlord written notice within ninety (90) days of the end of the Initial Term or any Renewal Terms stating Tenant will not extend further. In the event that Tenant shall remain in possession of the premises at the expiration of this lease or any Renewal Term, the Tenant shall request from the Landlord an additional Renewal Term or a month-to-month extension of this Lease, pursuant to Section 24 hereinbelow, with such extension not to be unreasonably withheld by the Landlord. The rent provisions in effect at the time of the request shall continue until either this Lease is terminated, or a new Renewal Term commences. 3. Rent. a. Tenant shall pay Landlord as monthly rent for the Premises the sum of one thousand seven hundred dollars ($1,700.00) for the first year of the term (the "Base Rent"). Tenant shall be obligated to commence payment of the full rental amount due hereunder within ten (10) days following the Commencement Date or upon receipt of its building permit, whichever is earlier, and shall prorate the rent for the remainder of the month in which the Commencement Date falls, and thereafter rent shall be payable monthly in advance by the first day of each month. b. Tenant shall pay Landlord a late payment charge equal to five percent (5%) of the late payment for any payment not paid when due. Any amounts not paid when due shall bear interest until paid at the rate of two percent (2%) per month. c. Upon execution of this Lease by Tenant, Tenant shall reimburse Landlord for its reasonable costs and expenses, including any engineering and legal fees, incurred by Landlord in connection with the negotiation of this Lease, in an amount not to exceed in accordance with Section 10-14-9 of the Zoning Ordinance. d. The Base Rent shall be increased annually effective as of each anniversary of the Commencement Date by four percent (4%) of the previous years rent. e. If this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be immediately refunded to the Tenant, except as otherwise provided herein. Page 3 f. Base Rent and all other consideration to be paid or provided by Tenant to Landlord shall constitute Rent and shall be paid or provided without offset, except as provided in Section 17b, below. 4. Use of Premises. a. Tenant shall use the Premises for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, antenna panels and base, microwave dishes, an equipment shelter and/or cabinets and related activities incidental thereto and for no other uses. Landlord may permit others to use other portions of the Water Tower. Tenant may erect and operate one (1) Antenna Facilities and may expand to a maximum of two (2) such Antenna Facilities, but only based upon Tenant having provided to Landlord, at Tenant's expense, a certified evaluation indicating that the additional antenna array will not interfere with existing antenna or proposed antenna, and the Dome can structurally support the additional antenna array. b. Tenant shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the Antenna Facilities and/or the Premises. Tenant shall comply with the applicable and then current provisions of the National Electrical Code (NFPA- 2001), and the National Electrical Safety Code (ANSI-2002). Landlord agrees to cooperate reasonably with Tenant in obtaining, at Tenant's expense (including reimbursement of Landlord's reasonable attorney and administrative fees), any federal licenses and permits required for or substantially required by Tenant's use of the Premises. c. Removal of Antenna Facilities. i. The Tenant shall remove its Antenna Facilities from the Premises upon termination of the Lease. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures or operations on the Premises, including use of the Premises by Landlord or any of Landlord's assignees or lessees. If, however, Tenant requests permission not to remove all or a portion of the improvements, and Landlord consents to such non-removal, title to the affected improvements shall thereupon transfer to Landlord and the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove same. Page 4 ii. Upon removal of the improvements (or portions thereof) as provided above in sub-paragraph (1), Tenant shall restore the affected area of the Premises to the reasonable satisfaction of Landlord ordinary wear and tear excepted. iii. All costs and expenses for the removal and restoration to beperformed P by Tenant pursuant to subparts (i)and (ii)above shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. d. Tenant agrees that all installations and constructions described in this Lease shall be completed promptly in a neat, workmanlike manner, consistent with good engineering practices and in compliance with all applicable codes and regulations. All costs of the installation, including, but not limited, the cost of extending of Landlord's electrical service to Tenant's equipment, shall be paid by the Tenant. e. When the Tenant does any work on the Premises, it shall, at its own expense, remove any obstructions therefrom and restore the Premises to as good a condition as existed before the work was undertaken, unless other directed by Landlord. 5. Construction Standards. Tenant undertakes full and complete responsibility at all times hereafter for the expenses of, and quality of, construction and compliance with all applicable Federal, State and Local laws, regulations, and codes, code requirements and regulations of governmental authorities having jurisdiction over the construction, including but not limited to, compliance with acts affecting construction of buildings and service areas used by public employees, and Tenant agrees to remedy or correct any deficiencies with such compliance. The construction shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with Local and State requirements for construction activities upon public property. Construction plans for the installation of Antenna Facilities, including equipment shelter or panels shall be attached as part of Exhibit B. The Landlord shall have the right to supervise actual installation of Tenant's plant and equipment. If construction work shall proceed without interference or disruption by or from Landlord or any other authorized users of the Premises, upon the expiration or termination of this Lease, at Landlord's option, Tenant shall convey all of its right, title and interest in and to the building to Landlord. Tenant shall be responsible for all permit costs. Prior to the issuance of building permits, Tenant's contractor shall maintain and provide Landlord with evidence of each of the insurance coverages specified in Section 22 of this Lease, in the amounts so specified. The Antenna Facilities shall be installed on the Premises in a good and workmanlike manner without the attachment of any construction liens. Landlord reserves the right to require Tenant to paint the Antenna Facilities in a manner consistent with the color of the Water Tower or to otherwise reasonably shield the Antenna Facilities from view. Page 5 6. Installation of Equipment. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain on the Premises, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Antenna Facilities. b. Tenant's installation of all such Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be arbitrarily withheld, conditioned or delayed. Any damage done to the Land, the Water Tower or the Dome during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's reasonable satisfaction. In connection with the installation and operation of the Antenna Facilities, Tenant shall not make any penetrations of the Dome without Landlord's prior written consent, which shall not be arbitrarily withheld, conditioned or delayed. All Dome penetrations that may be permitted by Landlord shall be undertaken only under the supervision of Landlord's engineer or other designated agent. Tenant shall pay all costs and expenses in relation to maintaining the integrity of Landlord's Water Tower in connection with Tenant's installation and operations of the Antenna Facilities. c. The Tenant shall complete the installation of the Antenna Facilities as approved by the City within ninety (90) days after the Commencement Date. The Tenant shall provide Landlord with as-built drawings of the Antenna Facilities installed on the Premises, which show the actual location of all equipment and improvements within thirty (30) days after completion of construction. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities. 7. Landlord's Right to Use Water Tower. Tenant shall allow Landlord, at no cost to Landlord, to locate,place and use Landlords's communications facilities (antennas, transmitters, receivers, and support equipment) on any mounting brackets or other facilities installed on the Water Tower which are capable of accommodating Landlord's additional antennas or related facilities without interfering with Tenant's Antenna Facilities and without eliminating Tenant's right to expand its Antenna Facilities as permitted in Section 4, above. Tenant shall cooperate with Landlord in connection with locating and placing Landlord's antennas and other facilities on the Water Tower, at no expense to Tenant. Page 6 8. Equipment Upgrade. Tenant may update or replace the Antenna Facilities from time to time with the prior written approval of the Landlord, which approval shall based upon the submission of a detailed proposal for replacement or updating of said facilities for the Landlord's evaluation and approval. Such approval shall not be unreasonably withheld, conditioned, or delayed, provided that the replacement facilities installed on the Dome are not greater in number or size than the existing facilities. Any change in their location on the Water Tower shall be approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If the upgrade involves additional equipment installed on the Dome, or a change in location on the Water Tower, Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. 9. Maintenance. a. Tenant shall, at its own expense, maintain its Antenna Facilities attached to the Dome in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of or other leasing of the Water Tower by Landlord and so as not to interfere with the use of the Dome, the Water Tower, related facilities or other equipment of the Landlord or of other tenants. b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. d. In the event the Landlord or any other tenant undertakes painting, construction or other alterations on the Water Tower, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment,personal property or Antenna Facilities and protect such from paint and debris fallout which may occur during the painting, construction or alteration process. e. If the Landlord determines that it is necessary and advisable to raise the height of the Water Tower for municipal purposes, the Landlord shall give the Tenant ninety (90) days written notice prior to the commencement of the construction to raise the Water Tower and, the Landlord shall coordinate the raising of the Water Tower to allow the Tenant to protect, modify and/or move its Antenna Facilities as required by the raising of the Water Tower. Page 7 However, in no event shall the Landlord be liable or responsible for the costs to the Tenant for the protection, modification, and/or moving of the antenna and Antenna Facilities. 10. Premises Access. a. Tenant shall have access to the Premises and the Water Tower by means reasonably designated by Landlord, subject to notice requirements to Landlord in 10b, below. b. Tenant shall have access to the Water Tower only upon twenty-four (24)hour notice to the Director of Public Works, except in emergencies, in which case notice shall be given as soon as practicable to the Director of Public Works and/or the City Police Department. The Landlord shall have the right to have its Director of Public Works, or a designee, to accompany Tenant whenever Tenant accesses the Water Tower. c. Landlord shall be allowed and granted access to the Water Tower for general maintenance and repair purposes. Whenever the Landlord inspects the Water Tower for safety reasons or to insure that the Tenants covenants are being met, the Tenant shall have the right to accompany the Landlord. 11. Co-Location. The Tenant understands that the Tenant is being given a non- exclusive right to locate its Antenna Facilities on the Water Tower, and Tenant agrees to accommodate the co-location of other Antenna Facilities on the Water Tower as long as they do not materially interfere with the Tenant's use of its Antenna Facilities; and Tenant further understands and acknowledges that Tenant may be required to re-locate its Antenna Facilities to accommodate such location at the Landlord's direction,providing that the re-location shall be at no expense to the Tenant and shall not materially interfere with Tenant's use of its Antenna Facilities. 12. Utilities. Tenant shall have the right to install utilities, at its sole expense, and to improve the present utilities on the Water Tower property, including, but not limited to, the installation of emergency power generators. Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall install separate meters for utilities used on the Water Tower property for all utilities attributable to Tenant's use. Tenant shall pay the estimated cost of electricity used by Tenant at the Premises to Landlord monthly in advance as a payment in addition to the Base Rent. Initially, Tenant's estimated cost of electricity shall be dollars ($_ ) per year payable in equal monthly installments of dollars and cents ($xx.xx) each together with the payment of Rent. 41111 Page 8 The parties shall read Tenant's submeter annually on the anniversary of the Commencement Date to determine Tenant's actual usage of electricity for the prior year. The estimated cost of electricity payment shall increase by t five percent (5%) for the first year, and by the annual percentage of electricity used over the previous year for each following year. The Tenant shall be allowed to utilize the Landlord's existing 110 amp outlets for electrical service on condition that the Tenant's use of an existing outlet does not interfere with the Landlord's use of such outlet. The Tenant further expressly acknowledges that the Landlord does not guarantee uninterrupted electrical service, and the Landlord shall not be responsible for electrical outages or interruptions in electrical service used by the Tenant. 13. License Fees. Tenant shall pay, as they become due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises as required by the Landlord's Zoning Ordinance or other applicable local ordinances. 14. Testing; Approvals; Compliance with Laws. a. Tenant's use of the Premises is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority including the Tower Ordinance. Tenant shall erect, maintain and operate its Antenna Facilities in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued hereafter by the City, the State of Illinois, and the Federal government, including the Federal Communications Commission or any other governing bodies. b. Tenant may conduct such tests and investigations on the Water Tower and the Premises as it deems necessary in order to determine if the Dome and the Premises are suitable for Tenant's use. 15. Interference. a. Tenant's installation, operation, and maintenance of its Antenna Facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities or with such activities of other existing tenants. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Water Tower immediately upon actual notice of such interference. Landlord shall not permit its employees, invitees, and agents to use any portion of the Water Tower in any way which interferes with the operations of the Tenant. Landlord agrees to cease all such actions which materially interfere with Tenant's use of the Water Tower immediately upon actual notice of such interference. Page 9 Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, upon written notice, in its sole discretion, to repair, maintain, alter or improve the Premises in connection with its operations as may be necessary, including leasing parts of the Water Tower to others provided that such activities and additional tenants shall not disturb or interfere with Tenant's rights hereunder and Tenant's ability to operate its Antenna Facilities at all times. except that Tenant shall reasonably cooperate with any other prior or subsequent Tenants as required by the Landlord's Tower Ordinance (Title 10, Chapter 15 of the Yorkville Municipal Code). b. Before approving the placement of Antenna Facilities, Tenant shall provide to Landlord, at Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any existing communications facilities on the Water Tower and an engineering study indicating whether the Dome is able to structurally support the Tenant's Antenna Facilities without prejudice to the Landlord's primary use of the Water Tower. c. Landlord does not guarantee to Tenant subsequent noninterference with Tenant's communications operations, provided, however, that in the event any other party except a governmental unit, office or agency requests a lease and/or permission to place any type of additional Antenna or transmission facility on the Water Tower, the procedures of Subsection d. below, shall govern to determine whether such Antenna or transmission facility will interfere with Tenant's transmission operations. d. If Landlord receives any such request, Landlord shall submit or cause to be submitted, a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information reasonably claimed to be of a proprietary nature by the third party in good faith. The third party shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Tenant to the installation of the antenna or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such thirty (30) day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless Landlord modifies the proposal in a manner determined to Tenant's reasonable satisfaction, to substantially reduce the interference. Page 10 In that case, Landlord may proceed with the proposal. A governmental unit, office or agency may be allowed to place an Antenna Facility or other communications facilities on the Water Tower regardless of potential or actual interference with Tenant's use, provided however, if Tenant's use of the Premises is materially affected, Tenant may terminate the Lease. e. Tenant's use of the Premises and operation of its Antenna Facilities shall not interfere with the use and operation of other communication facilities on the Water Tower which pre-existed Tenant's Antenna Facilities. If Tenant's Antenna Facilities cause interference with preexisting Antenna Facilities, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility until the interference has been eliminated. If the interference cannot be eliminated with ninety (90) days, Landlord may terminate this Lease. In all cases, the most recent Tenant Antenna Facilities shall be responsible for curing any interference caused by the installation and/or operation of its antenna or other telecommunication devices on the Water Tower. 16. Default and Remedies. In the event of a default that is not timely cured, Landlord may terminate this Lease upon written notice to the Tenant and/or exercise any other right it may have under this Lease or by operation of law. a. It shall be a default if Tenant defaults in the payment or provision of Rent or any other sums required to be paid to Landlord when due, and does not cure such default within thirty (30) days after written notice to Landlord; or if Tenant defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of(provided that Tenant should be entitled to a reasonable extended period of time in the event Tenant has in good faith commenced and continues to take all necessary action to cure the default but is unable to do so within thirty (30) days, provided Tenant continues to pay the current Rent when due); or if Tenant abandons or vacates the Premises; or if Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent. b. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand or notice, to re-enter the Premises and eject all persons therefrom, and either (i) declare this Lease at an end, in which event Tenant shall immediately remove the Antenna Facilities (and proceed as set forth in paragraph 4(c)) and pay Landlord a sum of money equal to the total of(A) the amount of the unpaid rent accrued through the date of termination; Page 11 (B)the amount by which the unpaid rent reserved for the balance of the then current term exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided (net of the costs of such reletting); and (C) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or (ii) without terminating this Lease, relet the Premises, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly, for the balance of the then current term, notwithstanding that Landlord may have received rental in excess of the rental stipulated in this Lease in previous or subsequent months, and Landlord may bring an action therefor as such monthly deficiency shall arise. c. No re-entry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, regardless of the extent of renovations and alterations made by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. d. If suit shall be brought by Landlord for recovery of possession of the Premises, for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, the Tenant shall pay to the Landlord all expenses incurred therefor, including reasonable attorney fees. 17. Cure of Defaults. a. In the event of any default of this Lease by Tenant, the Landlord may at any time, after written notice, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce the Landlord's rights under this Agreement, the sums so paid by Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses. Page 12 The Tenant shall post a letter of credit within thirty(30) days of the execution of this Lease in a sufficient amount to cover the expense for removal of Antenna Facilities in the event of abandonment or termination of this Lease Agreement by default or otherwise, in an amount of fifteen thousand dollars ($15,000.00). b. In the event of any default of this Lease by Landlord, Tenant may at any time, after written notice, cure the default for the account of and at the expense of Landlord. If Tenant is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce Tenant's rights under this Agreement, the sums so paid by Tenant, with all interest, costs and damages may be deducted or offset by Tenant against the Base Rent payable on the first day of the month or months following the incurring of the respective expenses. 18. Optional Termination. In addition to the termination rights set forth in other provisions of this Agreement, this Lease may be terminated upon written notice: a. by Tenant pursuant to Section 2 of this Lease, if Tenant is unable to obtain or maintain or otherwise forfeits or cancels any license (including without limitation, an FCC license), permit or other governmental approval necessary for the construction and/or operation of the intended Antenna Facilities or Tenants' business, prior to the Commencement Date with no further liability except as specified in Section 2 of this Lease; or b. by Tenant if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of Antenna Facilities on the Premises; or c. by Tenant if, due to uncorrectable interference in technology which renders the Premises no longer usable or necessary in Tenant's business, and upon presentation of documented proof to the Landlord thereof, subject to the liquidated damages specified in Section 19 below; or d. upon Thirty (30) days written notice by Landlord if Tenant fails to cure a default for payments of amounts due under this Lease within that thirty (30) day period; Page 13 e. by Landlord if, it determines, in its sole discretion and for any reason,to discontinue use of and to dismantle the Water Tower, provided, that Tenant at its option shall be permitted to continue its occupancy and use of the Premises until not less than thirty (30) days prior to the scheduled demolition date of the Water Tower, unless the Tenant's continued use of the Premises would create a compelling health, safety or welfare issue; or f. by Landlord if, it determines that the Dome/Water Tower is structurally unsound due to the age of the structure, damage or destruction of all or part of the Water Tower from any source, or other factors relating to the safe condition of the Dome and/or Water Tower, or compelling health, safety or welfare reasons, provided that there are no alternative solutions, but to require the removal of the Antenna Facilities; or g. by either party, if Tenant loses its license, if required, to provide cellular service for any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license, provided that termination by Tenant pursuant to this subsection shall be subject to liquidated damages as specified in Section 19 below. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Premises on or before the date of termination, and shall repair any damage to the Premises caused by such equipment, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such property or facilities which are not removed by the end of Lease term shall become the property of Landlord. 19. Liquidated Damages; Termination. Notice of termination pursuant to Section 18 shall be given in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the Lease of the Premises prior to said termination date shall be retained by Landlord. Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other, except for termination by Tenant pursuant to Sections 18b and 18e in which case rental payments to the Landlord shall continue as liquidated damages for the remainder of the Lease term, not to exceed an amount equivalent to one year's rent. 20. Alteration, Damage or Destruction. If the Water Tower or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon providing thirty (30) days' notice to Landlord. In such event, Tenant shall promptly remove the Antenna Facilities from the Premises and shall restore the Premises to the same condition as existed prior to this Lease. Page 14 This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Landlord shall have no obligation to repair any damage to any portion of the Premises. 21. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. In event a portion of the Premises is taken by eminent domain, such that Tenant's Antenna Facilities may no longer be supported and operated, Tenant shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the Landlord. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking (except as set forth below) and the Landlord shall receive full amount of such award. Tenant shall hereby expressly waive any right or claim to any portion thereof based on the fee of the Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of the diminution in value of Tenant's leasehold estate or any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment,personal property, Antenna Facilities, and leasehold improvements. 22. Indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time be liable for injury or damage occurring to any person or property arising out of Tenant's construction, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Antenna Facilities, unless caused by the negligent and intentional acts or omissions of Landlord or its agents or employees. The liability of the City shall be limited to actual and direct costs of equipment, removal, relocation, and repair. Liability shall be excluded for the recovery of the value of the business, loss of profits, loss of business, or related damages. b. Tenant's Indemnification. Unless caused by the negligent or intentional acts or omissions of Landlord or its agents or employees, Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and all associated, affiliated, allied and subsidiary entities of Landlord, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: Page 15 Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of Tenant and/or subtenants, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any logo, trade mark, service mark or any other right of any person, firm or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Premises or Tenant's Antenna Facilities or the Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. ii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Tenant, its contractors or subcontractors, for the installation, construction, operation, maintenance or use of the Premises or Tenant's Antenna Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request. iii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violations of the common law or any laws, statutes, or regulations of the State of Illinois or United States, including those of the Federal Securities and Exchange Commission, whether by Tenant or otherwise. iv. Tenant's obligation to indemnify indemnitees under this Lease shall extend to claims, losses, and other matters covered hereunder that are contributed to by the willful and wanton acts, misconduct, or negligence of one or more indemnitees. Page 16 c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively"Tenant" for the purpose of this section), all risk of inherent dangerous conditions, if any, on or about the Premises, and, unless caused by the negligent and intentional acts or omissions of Landlord or its employees or agents, Tenant hereby agrees to indemnify and hold harmless the Indemnities against and from any claim asserted or liability imposed upon the Indemnities for personal injury or property damage to any person (other than from Indemnitee's gross negligence) arising out of the Tenant's installation, operation, maintenance, condition or use of the Premises or Tenant's Antenna Facilities or Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. d. Defense of Indemnities. In the event any action or proceeding shall be brought against the Indemnities by reason of any matter for which the Indemnities are indemnified hereunder, Tenant shall, upon notice from any of the Indemnities, at Tenant's sole cost and expense, resist and defend the same with legal counsel selected by Tenant; provided however, that Tenant shall not admit liability in any such matter on behalf of the Indemnities without the written consent of Landlord and provided further that Indemnities shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant. If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses incurred by Landlord in response thereto, including defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the costs of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents, employees or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions or proceedings. Page 17 f. Landlord's Indemnification. Unless caused by the negligent or intentional acts or omissions of Tenant or its agents or employees, Landlord shall at its sole cost and expense, indemnify, defend and hold harmless Tenant and all of its shareholders, directors, officers, agents, employees and affiliates (the "Tenant Indemnities") from and against any and all claims, demands, costs, expenses or liabilities (including, but not limited to, reasonable attorney fees and expenses of attorneys, expert witnesses and consultants) incurred by Tenant or relating to or arising out of Landlord's ownership of the Premises, Landlord's breach of this Lease or the negligent and intentional acts or omissions of Landlord, its employees and agents. Landlord shall be obligated to indemnify and defend the Tenant Indemnities to the same extent as set forth in subsections d. and e. above, with respect to Tenant. g. Insurance. During the term of the Lease, Tenant shall (unless optional as set forth below) maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum $100,000 for each accident. ii. Comprehensive commercial general liability insurance with minimum limits of$1,000,000, with a $2,000,000 minimum umbrella as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of$100,000 as the combined single limit occurrence for bodily injury, and property damage; Page 18 iv. At the start of and during the period of any construction, builders all risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Antenna Facilities. Upon completion of the installation of the Antenna Facilities, Tenant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Antenna Facilities. The amount of insurance at all times shall be representative of the insurable values installed or constructed. v. At Tenant's option, Business interruption insurance coverage in an amount sufficient to cover such loss of revenues, for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the Antenna Facilities which is damaged and caused the loss of revenue. vi. All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims made basis. vii. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. h. Named Insureds. All policies, except for business interruption and worker's compensation policies, shall specifically name Landlord, and its respective officers, boards, commissions, employees, agents and contractors, as its respective interests may appear as additional insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain cross-liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder." Evidence of Insurance. Certificates of insurance for each insurance policy required to be obtained by Tenant in compliance with this paragraph, along with written evidence of payment of required premiums shall be filed and maintained with Landlord annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. j. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: Page 19 "At least thirty (30) days prior written notice shall be given to Landlord by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease." k. Insurance Companies. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business by the State of Illinois or surplus line carriers on the State of Illinois Insurance Commissioner's approved list of companies qualified to do business in the State of Illinois. All insurance carriers and surplus line carriers shall be rated A- or better by A.M. Best Company, or the highest available rating. 1. Deductibles. All insurance policies may be written with deductibles, not to exceed $500 unless approved in advance by Landlord. Tenant agrees to indemnify and save harmless Landlord, the Indemnities and Additional Insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by this Lease. m. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the Premises to carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of insurance. n. Review of Limits. At Landlord's option, no more than twice during each term of this Lease, the parties shall mutually and in good faith review the insurance coverages to be carried by Tenant. If Landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds, Tenant shall be so notified, and the parties shall mutually agree upon the additional limits of insurance to be provided at the Tenant's sole cost and expense. If the parties are unable to reach an agreement on the modification of the limits of the insurance, the parties shall mutually agree upon a person in the insurance industry within thirty(30) days from the written request of either party to determine what are the standard limits for insurance of the type specified in substantially similar circumstances. 23. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance. Landlord represents that it has no knowledge of the existence of any hazardous substance on, in, or under the Premises. Page 20 Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance caused by Tenant or its employees or agents and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof. Landlord agrees to hold the Tenant harmless from and indemnify and defend the Tenant Indemnitees against any release of hazardous substances and any damage, loss, liability or expense (to the same extent set forth in the general indemnify and defense provisions of Section 22f, above), including but not limited to reasonable attorney's fees, incurred as a result thereof, except to the extent caused by the negligent or intentional acts or omissions of Tenant or its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 24. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the Landlord, shall be construed to be a tenancy from month to month at one and one-half(1.5)times the Base Rent herein specified (prorated on a monthly basis) and shall otherwise be for the term and on the conditions herein specified, so far as applicable. 25. Subordination to Mortgage. Any mortgage now or subsequently placed upon any property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of the Tenant under this Lease. Tenant shall subordinate all of its interest in the leasehold estate created by this Lease to the lien of any such mortgage. Tenant shall, at Landlord's request, execute any additional documents necessary to indicate this subordination, provided that such documents contain reasonable non- disturbance provisions. 26. Acceptance of Premises. Landlord represents that the Water Tower and the Premises are in compliance with all applicable federal, state and local building, environmental and other applicable statutes, laws, regulations, codes and orders. By taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date. Except as set forth in this Section, Landlord makes no representation or warranty with respect to the condition of the Premises and Landlord shall not be liable for any latent or patent defect in the Premises. Page 21 27. Estoppel Certificate. Either party shall, at any time and from time to time upon not less than fourteen (14) days prior request by the requesting party, deliver to the requesting party a statement in writing certifying that (a)the Lease is unmodified and in full force (or if there have been modifications,that the Lease is in full force as modified and identify the modifications); (b) the dates to which rent and other charges have been paid; (c) so far as the person making the certificate knows, Landlord or Tenant is not in default under any provisions of the Lease (or if a default exists, specifying the nature of the default); and (d) such other matters as either party to this Lease may reasonably request. 28. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered, sent by facsimile transfer ("fax") or electronic mail ("e-mail") to the recipients designated hereinbelow, or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set below, or when mailed by U.S. Mail, in the form of certified mail, postage paid, return receipt requested; to the following addresses: If to Landlord, to: Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel Kramer City Attorney, United City of Yorkville 1107A South Bridge Street. Yorkville, Illinois 60560 If to Tenant, to: Sprintcom, Inc. With a copy to: Attn: Legal Dept. With a copy to: _ Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. Page 22 29. Assignment. a. Upon no less than sixty (60) days prior notice to Landlord and with the prior written consent of the Landlord, Tenant shall have the right to assign or otherwise transfer this Lease and the Antenna Facilities as defined above to any person or business entity which is authorized pursuant to and FCC licensed to, operate a wireless communications business, is a parent, subsidiary, or affiliate of Tenant, is merged or consolidated with Tenant, or purchases more than fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the "Metropolitan Trading Area" or"Basic Trading Area" (as those terms are defined by the FCC) in which the Premises is located. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder. Tenant may sublease the Premises upon no less than sixty (60) days prior written notice to Landlord and with the prior written consent of Landlord. Approval by Landlord for assignment, transfer, or subletting of the Tenant's Antenna Facilities shall not be unreasonably delayed or withheld. b. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity which may be in competition with Tenant, or any other party. 30. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 31. Non-Waiver. Failure of Landlord to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, but Landlord shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by Tenant to Landlord after a breach of this Agreement shall not be deemed a waiver of such breach unless expressly set forth in writing. 32. Taxes. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Antenna Facilities, if any, which become due and payable during the term of this Lease on the Leased Premises, or Tenant's leasehold interest in the Leased Premises. All such payments shall be made, and evidence of all such payments shall be provided Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. Page 23 Tenant shall pay any personal property tax, real property tax, or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna Facilities, only for so long as this Lease has not expired or is not terminated by either party. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against Tenant in relation to the taxes owed or assessed on the Premises. c. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. d. In the event that Tenant exercises its right to challenge any personal property or real property taxes under the procedure established by Kendall County or the State of Illinois, Landlord shall provide to Tenant any and all documentation related to the assessment of Tenant's property. 33. Cooperation. a. Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Leased Premises as contemplated in this Lease, and to join in any application or other document reasonably requested by Tenant within ten (10) days of Tenant's written request. b. Each party shall provide to the other party a telephone number which will be answered by a representative of such party twenty-four (24) hours a day for use only in the event of an emergency. Each party agrees to notify the other party if there is a change in the emergency telephone number. 34. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Premises and the Water Tower free and clear of any liens or mortgages, and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord. Page 24 Landlord covenants that during the term of this Lease, and pursuant to Sections 7, 9, 10, and 15 of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable period to cure. 35. Entire Understanding/No Oral Modification. All prior understandings and agreements between the parties are merged into this Lease, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. 36. Resolution to Execute. Landlord agrees to furnish Tenant with certified copy of Landlord's resolutions authorizing execution of this Lease. 37. Lease Memorandum. Simultaneous with the execution of this Lease, the parties have executed a Memorandum of Lease. Tenant may record the Memorandum of Lease. If Tenant's survey requires a correction to the legal description rider attached to the Memorandum of Lease, the parties shall execute an Addendum to Lease Agreement. 38. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Illinois. d. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. e. The parties shall execute and Tenant shall record a memorandum of this Lease which shall contain the initial term, Tenant's renewal options and such other basic provisions as Tenant may reasonably request. f. This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Page 25 g. All Exhibits referred to herein and any addenda are incorporated herein for all purposes. The Parties understand and acknowledge that Exhibit A (the legal description of the Premises) and Exhibit B (the Location of the Premises) may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete Exhibits, Exhibits A and/or C, as the case may be, which may have been attached hereto in preliminary form, may be replaced by Tenant with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes. h. All terms herein are subject to the Local Governmental and Governmental Employee's Tort Immunity Act, 745 ILCS 10-1-101 et. seq. This Lease was executed as of the date first set forth above. LANDLORD: UNITED CITY OF YORKVILLE By: Its Mayor By: Its Clerk TENANT: SPRINTCOM, INC. By: Title: 11 17 03 Page 26 EXHIBIT A THE LEGAL DESCRIPTION OF THE PREMISES The premises are legally described as follows: Page 27 EXHIBIT B THE LOCATION OF THE PREMISES The location of the Premises (together with access and utilities, including all drawings and maps submitted by the Tenant) is more particularly described as follows: i Page 28 EXHIBIT C MEMORANDUM OF LEASE BETWEEN THE UNITED CITY OF YORKVILLE, ILLINOIS AND SPRINTCOM,INC. Assessor's Property Identification Number: A lease on a Water Tower owned by the United City of Yorkville, Illinois ("Landlord") and Sprintcom, Inc., a Kansas Corporation ("Tenant")was made regarding a portion of the Water Tower following the property: See attached Exhibit A incorporated herein for all purposes The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date"). Tenant shall have the right to extend this lease for four (4) additional five (5) year terms. The Lease provides in part that Landlord leases to Sprint PCS certain real property owned by Landlord and located at 610 Tower Lane, City of Yorkville, County of Kendall, State of Illinois, together with non-exclusive easements for reasonable access thereto, for placement of an underground grounding system, and for access to the appropriate source of electric and telephone facilities (the "Site"). The Site is further described in Exhibit B attached hereto. IN WITNESS WHEREOF, the parties have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: The United City of Yorkville, Illinois By: Printed Name: Title: Date: TENANT: Sprintcom, Inc. By: Printed Name: Title: Date: Page 29 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) This instrument was acknowledged before me on by (title) of the United City of Yorkville, a Municipal Corporation, on behalf of the United City of Yorkville, Kendall County, Illinois. Dated: Notary Public Print Name: My Commission Expires: (Municipal Seal) STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Sprintcom, Inc., a Kansas Corporation, to be the free and voluntary act of such party for the purposes mentioned in the instrument. Dated: Notary Public Print Name: My Commission Expires: (Corporate Seal) A .2 ^ 0 United City of Yorkville J esr. • A *` 1836 County Seat of Kendall County 800 Game Farm Road ', Cl) Yorkville, Illinois 60560 O Phone:630-553-4350 �2 t Fax:630-553-7575 To: Tony Graff, Administrator From: Eric Dhuse, Public Works L Date: October 17, 2003 Re: Sprint proposal Tony, After reviewing the proposal from sprint, I have the following comments: Premise and Equipment We do not have an extra 300-400 square feet for equipment, with the upcoming water treatment facility located on the property, we are out of space. Access 24 hour access would only be available if a public works employee were present. We would not allow sprint access unescorted. As of now, the water tower located at 610 Tower Lane, is not a good site for this type of application. We are going to be in the middle of a large construction project (water treatment facility) that will require both major excavation of the property, and major electrical and wiring work,most of which will center on the water tower and well head. For these reasons, I would not recommend an antenna at this site at this time. Although this particular site may not be available at this time, our south tower site would lend itself well to this type of application, as would our future tower and well sites. Each one of those sites has open space that is not being used and is not used for storage of materials. I would suggest to Sprint that those are viable options if they would work for them. i 1t,7 � 1 10-15-1 10-15-1 CHAPTER 15 TOWER AND ANTENNA REGULATIONS SECTION: 10-15-1 : Definitions 10-15-2: Applicability 10-15-3: General Requirements 10-15-4: Permitted Uses 10-15-5: Special Uses And Miscellaneous Uses 10-15-6: Nonconforming Uses 10-15-7: Annual Reporting Of Information 10-15-1 : DEFINITIONS: ALTERNATIVE Manmade trees, clock towers, bell steeples, TOWER STRUCTURE: light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA Those structures which include the radiating STRUCTURES: and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL The lines that connect a provider's towers/cell NETWORK: sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. April 2002 City of Yorkville 10-15-1 10-15-1 FCC: The federal communication commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT A tower or antenna which is either: a) virtually ANTENNA AND invisible to the casual observer, such as an TOWERS: antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard. PERSONAL Any facility for the provision of personal wireless WIRELESS FACILITY: services as defined by the FCC or any successor agency. PERSONAL Commercial mobile services, unlicensed WIRELESS SERVICES: wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING Any tower or antenna for which a building TOWERS OR permit or conditional use permit has been ANTENNAS: properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self- supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, April 2002 City of Yorkville 10-15-1 10-15-2 and the like. The term includes the structure and any support thereto. TOWER AND Shall refer to this chapter. ANTENNA ORDINANCE: UNLICENSED That service which offers telecommunications WIRELESS SERVICE: services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. (Ord. 2000-8, 3-23-2000) 10-15-2: APPLICABILITY: A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet (80') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10'). C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-15-3E, F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee as of January 1 following the effective date hereof. D. AM Array: For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 2000-8, 3-23-2000) April 2002 City of Yorkville 10-15-3 10-15-3 10-15-3: GENERAL REQUIREMENTS: A. Special Or Miscellaneous Use: Antennas and towers may be considered either special or miscellaneous uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size: For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that • such sites are available or suitable. D. Aesthetics: Towers and antennas shall meet the following requirements: 1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. April 2002 City of Yorkville 10-15-3 10-15-3 E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State Or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards. for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. Measurement: For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. April 2002 City of Yorkville 10-15-3 10-15-3 K. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250') of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty feet (250'). L. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter. N. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. O. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi- family structure of eight (8) or more dwelling units, provided: 1. The antenna does not extend more than thirty feet (30') above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. P. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construc- tion of new towers, provided such collocation is accomplished in a manner consistent with the following: April 2002 City of Yorkville 10-15-3 10-15-3 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50') of its existing location. b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. d. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an 0, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in April 2002 City of Yorkville 10-15-3 10-15-3 subsection P and the requirements of this subsection; c) the tower meets the setback and separation requirements in subsection 10-15-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120') in height; b. For two (2) users, up to one hundred fifty feet (150') in height; and c. For three (3) or more users, up to and including one hundred eighty feet (180') in height. Q. Roadway Access: All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7") thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. R. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. S. Disguised Structures: The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. (Ord. 2000-8, 3-23-2000) T. Annual Administrative Fee And Certifications: 1 . The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be April 2002 City of Yorkville 10-15-3 10-15-4 due on or before January 10 of each calendar year commencing with calendar year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. (Ord. 2001-51, 9-21-2001) The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower. U. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in section 10-14-9 of this title, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-8, 3-23-2000) 10-15-4: PERMITTED USES: A. General: The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district April 2002 City of Yorkville 10-15-4 10-15-5 which is located in a flood plain, so long as said antennas or towers conform to all other requirements of this title: 1. Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers arep ermitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections 10-15-3D through V of this chapter. 3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) 10-15-5: SPECIAL USES AND MISCELLANEOUS USES: A. General Provisions: 1. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this April 2002 City of Yorkville 10-15-5 10-15-5 chapter in the following zoning districts: R-1 (one-family residence — golf course, public utility facilities, public service use facilities with radio or TV tower sites only), R-2 (one-family residence — golf course, public utility facilities, public service use facilities with radio or TV tower sites only), B-1 (limited business district), B-2 (general business district), B-3 (service business district), B-4 (business district), and A-1 (agricultural district). 6. Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 (limited manufacturing district), and M-2 (general manufacturing district). B. Information Required: In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1 . Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection 10-15-3D of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; April 2002 City of Yorkville 10-15-5 10-15-5 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-15-3C, E, F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-14-6 of is title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; April 2002 City of Yorkville 10-15-5 10-15-5 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and 8. Availability of suitable existing antennas, antenna structures, towers, alternative power structures and other structures, or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this chapter. D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks And Separation: 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in table 1 of this section. (2) Separation requirements for towers shall comply with the minimum standards established in table 1 of this section. April 2002 City of Yorkville 10-15-5 10-15-5 TABLE 1 Off Site Use/Designated Area Separation Distance Single-family or duplex residential 500 feet units principal building Vacant single-family or duplex 500 feet residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired Vacant unplatted residentially 500 feet zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex Existing multi-family residential 100 feet or 100 percent units greater than duplex of the tower height, whichever is greater Nonresidentially zoned lands None. Only setbacks or nonresidential apply The Fox River or any watercourse 500 feet, as measured from the shore Major highways 500 feet, from the right of way b. Separation distances between towers: (1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in table 2 of this section. April 2002 City of Yorkville 10-15-5 10-15-5 TABLE 2 Existing Towers—Types Minimum Separation Distances Monopole Monopole > 75 < 75 Lattice Guyed Feet High Feet High Lattice 1,000 1,500 500 250 Guyed 1,000 1,750 1,500 1,250 Monopole 500 1,500 250 250 > 75 feet high Monopole 250 1,250 250 250 < 75feet high F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation Of Landscape: Existing mature tree growth and natural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary April 2002 City of Yorkville 1 10-15-5 10-15-5 for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets: 1 . Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent (20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four (24) square feet of gross floor area and the cabinet/structure is located in a minimum of six feet (6') from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard, provided the cabinet or structure is no greater than six feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the April 2002 City of Yorkville 10-15-5 10-15-5 structure or cabinet by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet (6') in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code, NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Engineering Justification: No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the zoning board that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of the following: 1 . No existing antennas, antenna structures or towers are located within the geographic area required to meet petitioner's engineering requirements; 2. Existing antennas, antenna structure, towers or other structures are not of sufficient height to meet petitioner's engineering requirements. 3. Existing antennas, antenna structures, towers or other structures do not have sufficient height to meet petitioner's engineering requirements; April 2002 City of Yorkville 10-15-5 10-15-5 4. The petitioner's proposed antenna, antenna structure or tower would cause electromagnetic interference with the existing antenna, antenna structure or tower or the antenna on the existing structure would cause interference with the petitioner's proposed antenna. 5. The fees, costs, or contractual provisions required by the owner in order to share an existing antenna, antenna structure, or tower or to adapt to an existing antenna, antenna structure, or tower are unreasonable. Costs exceeding new antenna, antenna structure, or tower development are considered unreasonable. 6. The petitioner demonstrates that there are other limiting factors that render existing antenna, antenna structures, or towers or other structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low powered transmitters and receivers attached to a wire line system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable. N. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. O. Collocation: A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a April 2002 City of Yorkville 10-15-5 10-15-7 freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. (Ord. 2000-8, 3-23-2000) 10-15-6: NONCONFORMING USES: A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers: Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 10-15-5N of this chapter. (Ord. 2000-8, 3-23-2000) 10-15-7: ANNUAL REPORTING OF INFORMATION: Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna April 2002 City of Yorkville 10-15-7 10-15-7 structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 2000-8, 3-23-2000) April 2002 City of Yorkville Tower Ordinance STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ORDINANCE NO. 2000-8 AN ORDINANCE AMENDING THE UNITED CITY OF YORKVILLE MUNICIPAL CODE,ADDING "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS" AND; PROVIDING FOR PERMITTED LOCATIONS, USES, ACCESSORY USES AND CONDITIONAL USES; PERMITS AND LEASE AGREEMENTS; AND SEVERABILITY WHEREAS, THE UNITED CITY OF YORKVILLE has received or expects to receive requests to site wireless communications towers and antennas within the municipal boundaries; and WHEREAS, THE UNITED CITY OF YORKVILLE is a legally organized municipality which has the power to regulate the siting of telecommunications towers and antennas under the zoning authority granted to the UNITED CITY OF YORKVILLE by the State of Illinois; and WHEREAS, generally the siting of telecommunications towers and antennas within specifically zoned locales is beneficial to the appearance, safety and welfare of the community; and WHEREAS, certain unique properties exist in the UNITED CITY OF YORKVILLE which warrant primary consideration for the siting of antennas and towers in spite of the fact that those unique sites straddle various zoning classifications, said sites being the Burlington Northern Railroad easement. WHEREAS, there is sufficient area in existing municipal water tower sites, the Burlington Northern Railroad easement, and in R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts to allow providers of personal wireless services to service the UNITED CITY OF YORKVILLE without the need to locate any facilities in the other zoning districts of the UNITED CITY OF YORKVILLE, and; WHEREAS, Section 704 of the Telecommunications Act of 1996 (P.L. 104-104) allows for siting of telecommunications towers and antennas in a manner which does not discriminate among telecommunications providers, and does not constitute a barrier to entry for telecommunications providers, and; WHEREAS, the establishment of antenna and tower siting regulations as stated hereinbelow are in accord with the provisions of Section 704 of the Telecommunications Act of 1996 (P.L. 104-104). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AND THE MAYOR OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, 1 Tower Ordinance Section 1: Findings: The City Council and Mayor hereby adopt and incorporate all of the recitations above specifically and expressly as the findings of the City Council and the Mayor as if fully set forth and incorporated herein as the findings of the City Council and the Mayor. Section 2: Purpose: The purpose of this Ordinance is to specific regulations for the placement, construction, and modifications of personal wireless telecommunications facilities. The goals of this ordinance are to: (1)protect residential and riverfront areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential and non-riverfront areas; (3)minimize the total number of towers throughout the community; (4)strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse effect of the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas and accessory buildings through careful design, siting, landscape screening, and innovative comouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the UNITED CITY OF YORKVILLE shall give due consideration to its Comprehensive Plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. The provisions of this Ordinance are not intended and shall not be intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this Ordinance be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent wireless services. To the extent that any provisions of this Ordinance amending the Zoning Ordinance or the provisions of this Ordinance are inconsistent or in conflict with any other provision of the Zoning Ordinance, provisions of this amending Ordinance shall be deemed controlling. Section 3: Procedure: In the course of reviewing any approval required under this Article made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Zoning Officer, the Plan Commission, or the City Council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the UNITED CITY OF YORKVILLE, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. All applications shall be processed in their usual and customary manner, and this Chapter shall not be interpreted to require expedited processing of an application. 2 Tower Ordinance Section 4: Effect: Should the application of this Chapter, or any section or sub-section thereof,have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the UNITED CITY OF YORKVILLE, such applicant may petition the Zoning Officer for an amendment to this Article, or any section or sub-section therefore, in the manner provided in Title 10, Chapter 14 of the Zoning Ordinance. The Zoning Officer, upon receipt of such petition, shall promptly forward the Petition to the Plan Commission for review and for a public hearing in the usual and customary manner for zoning text amendments as provided in Title 10, Chapter 14, Section 5 et. seq. of the Zoning Ordinance. Section 5: General: This Ordinance shall be commonly known as the"Tower and Antenna Ordinance" and shall become a part of the Zoning Ordinance as Chapter 15, and all of the general, procedural and other provisions of the Zoning Ordinance which are not specifically superceeded or contradicted by the terms herein, shall remain in full force and effect. Section 6: The provisions of Chapter 15 are as follows: CHAPTER 15 CELLULAR TOWERS AND ANTENNAS 10-15-1 RULES AND DEFINITIONS "Alternative Tower Structure"means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. "Antenna"means any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. "Antenna Structures" are those structures which include the radiating and/or receive system, its supporting structures (see Towers), and any appurtenance mounted thereon as defined by the FCC or any successor agency. "Backhaul network"means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. "FAA"means the Federal Aviation Administration. "FCC"means the Federal Communication Commission. "Height"means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. 3 Tower Ordinance "No-impact antenna and Towers means a Tower or Antenna which is which is either(1)virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or(2) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is (a)placed, such as a rooftop, lighting standard, or existing tower, or(b)replacing, such as a school athletic field light standard "Preexisting towers or antennas"means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. "Tower"means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. "Tower and Antenna Ordinance" shall refer to this Ordinance. "Personal Wireless Facility" is any facility for the provision of Personal Wireless Services as defined by the FCC or any successor agency. "Personal Wireless Services" are commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. "Unlicensed Wireless Service"is that service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct-to-home satellite services as defined by the FCC or any successor agency. 10-15-2 APPLICABILITY A. New Towers and Antennas. All new towers or antennas in the UNITED CITY OF YORKVILLE shall be subject to these regulations, except as provided in Chapter 15, Section 2 (B)-(D) inclusive. B. Amateur Radio Station Operator/Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under eighty (80) feet in height and is owned and operated by a federally-licensed amateur radio 4 Tower Ordinance station operator or is used exclusively for receive only antennas. No recieve-only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten (10) feet. C. Preexisting Towers or Antennas. Existing towers and existing antennas which predated this Ordinance, shall not be required to meet the requirements of this Ordinance other than the requirements of 10-15-3 (E), (F), (H) and (R). All preexisting towers and antennas shall be subject to the Tower and Antenna Administrative Fee as of January 1 following the effective date of this Ordinance. D. AM Array. For purposes of implementing this Ordinance, AM Array, consisting of(1) one or more tower units and supporting ground system which functions as (1) one AM broadcasting antenna, shall be considered (1) one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM Array by right. 10-15-3 GENERAL REQUIREMENTS. A. Special or Miscellaneous Use. Antennas and towers may be considered either Special or Miscellaneous Uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B Lot Size. For purposes of determining whether the installation or a tower or antenna complies with the UNITED CITY OF YORKVILLE development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory of Existing Sites. Each applicant for approval of an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the UNITED CITY OF YORKVILLE or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this Ordinance or other organizations seeking to locate antennas within the jurisdiction of the UNITED CITY OF YORKVILLE, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. 5 Tower Ordinance D. Aesthetics. Towers and antennas shall meet the following requirements: (i) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. (ii) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. (iii) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State or Federal Requirements. All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6)months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Building Codes/Safety Standards. Any owner or operator of an Antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for Towers that are published by the National Electric Code NFPA 70 and BOCA Building Code; Radio, Television sec. 3108, as amended from time to time. If, upon inspection, the UNITED CITY OF YORKVILLE concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty 6 Tower Ordinance (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. Measurement. For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in the UNITED CITY OF YORKVILLE irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services. Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this Ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities. K. Public Notice. For purposes of this Ordinance, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the UNITED CITY OF YORKVILLE to all abutting property owners and all properties that are located within two hundred fifty (250) feet of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of"abutting" nor in calculating the two hundred fifty (250) feet. L. Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Title 10, Chapter 15, Section 5 (K) of this Ordinance. N. Multiple Antenna/Tower Plan. The UNITED CITY OF YORKVILLE encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. O. Antenna on Existing Structures. Any antenna which is not attached to a tower may be approved by the UNITED CITY OF YORKVILLE as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided: (i) The antenna does not extend more than thirty(30) feet above the highest point of the structure; (ii) The antenna complies with all applicable FCC and FAA regulations; and (iii) The antenna complies with all applicable building codes and safety standards as referenced in Subsection (H)hereinabove. 7 Tower Ordinance P. Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the Zoning Officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: (i) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower,unless the Zoning Officer allows reconstruction as a monopole. (ii) Height (a) An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, such height not exceeding one hundred fifty (150) feet in total, to accommodate the collocation of an additional antenna. (b) The height change referred to in Subsection (iii)(a) may only occur one time per communication tower. (c) The additional height referred to in subsection (iii)(a) shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations. (iii) Onsite location. (a) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty(50) of its existing location. (b) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. (c) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this Ordinance. 8 Tower Ordinance (d) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Zoning Ordinance shall only be permitted when approved by the Zoning Officer. (iv) New towers in nonresidential zoning districts. An applicant may locate any new tower in an 0, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district,provided that: 1) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; 2.) the Zoning Officer concludes the tower is in conformity with the goals set forth in Section 1 and the requirements of Section 4; 3.) the tower meets the setback and separation requirements in Title 10, Chapter 15, Section 5 (E); and, 4.) the tower meets the following height and usage criteria: (a) for a single user, up to and including one hundred twenty (120) feet in height; (b) for two users, up to one hundred fifty(150) feet in height; and (c) for three or more users, up to and including one hundred eighty (180) feet in height. Q. Roadway Access. All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7") thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. R. Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anti-climbing device. Screening materials shall include either wooden or chain link fencing. Shrubbery and bushes shall be required, in addition to the wooden or chain link fence, unless specifically waived by the UNITED CITY OF YORKVILLE in its discretion in appropriate cases. S. Disguised Structures. The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding are and environment, and be constructed in such a manner where the health or safety of UNITED CITY OF YORKVILLE residents shall not be endangered. The UNITED CITY OF YORKVILLE may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building 9 Tower Ordinance permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. T. Annual Administrative Fee and Certifications. Each owner and/or operator of an antenna, antenna structure or tower shall be required annually on January 1 to pay an Administrative Fee of$350.00 and to provide the following certifications in writing by a certified engineer: 1. That the owner or operator's antenna, antenna structure or tower has been inspected and is in compliance with all state and local building codes and standards published in the National Electric Code NFPA 70 and BOCA Building Code; Radio, Television Towers. 2. That the owner or operator's antenna is in compliance with the FCC RF Emissions Standards. The UNITED CITY OF YORKVILLE reserves the right to increase or decrease the amount of the Administrative Fee as it deems necessary. A separate Administrative Fee shall be paid by each user or co-locator on a tower. U. Permit Required. Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from the UNITED CITY OF YORKVILLE for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the Fee Schedule set forth in Title 10, Chapter 14, Section 9 of the Zoning Ordinance, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver of Provisions. An applicant can request a waiver of any provision of this Ordinance upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. 10-15-4 PERMITTED USES A. General The following uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit. 10 Tower Ordinance B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to all other requirements of this title: (i) Antennas and towers located on property owned, leased, or otherwise controlled by the UNITED CITY OF YORKVILLE, particularly and expressly including the UNITED CITY OF YORKVILLE'S water tower sites, and City Hall and Police Station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by the UNITED CITY OF YORKVILLE. (ii) Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through the UNITED CITY OF YORKVILLE, subject to Sections 10-15-5 (D), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), (0), (P), (Q), (R), (S), (T), (U), and (V). (iii) No-impact antennas and towers. 10-15-5 SPECIAL USES AND MISCELLANEOUS USES A. General Provisions (i) Radio and telecommunications antenna, antenna structures and towers used for Personal Wireless Facilities, Personal Wireless Services, radio transmission, or television transmission shall be subject to the Special Use provisions contained within Title 10, Chapter 14, Section 6 of this Zoning Ordinance and applications for Special Use Permits shall be subject to the procedures and requirements of the Zoning Ordinance, except as modified in this Chapter 15. (ii) In granting a Special Use Permit, the Plan Commission may impose conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. (iii) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a license professional engineer. (iv) An applicant for a Special Use Permit shall submit the information described in this Section and a non-refundable fee as established by resolution of the City Council of the UNITED CITY OF YORKVILLE to reimburse the UNITED CITY OF YORKVILLE for the cost of reviewing the application. 11 Tower Ordinance (v) Antennas, antenna structure and towers shall be allowed as special uses only consistent with all of the requirements of this Ordinance in the following zoning districts: R-1 (1 Family Residence -- golf course, public utility facilities, public service use facilities with radio or TV tower sites only), R-2 (1 Family Residence--golf course, public utility facilities, public service use facilities with radio or TV tower sites only), B-1 (Limited Business District), B-2 (General Business District), B-3 (Service Business District), B-4 (Business District), and A-1 (Agricultural District). (vi) Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this Ordinance in the following zoning districts: M-1 (Limited Manufacturing District), and M-2 (General Manufacturing District). B. Information Required. In addition to any information required for applications for Special Use Permits referenced above, each petitioner requesting a Special Use Permit under this Ordinance for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by the UNITED CITY OF YORKVILLE to be necessary to assess compliance for this Ordinance. In addition, the following information shall be supplied: (i) Legal description of the parent track and leased parcel (if applicable); (ii) The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; (iii) The separation distance from other structures in the inventory of existing sites submitted pursuant to Title 10, Chapter 15, Section 3(D) shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; (iv) A landscape plan showing specific landscape materials. (v) The method of fencing and finish color and, if applicable, the method of camouflage and illumination. 12 Tower Ordinance (vi) A description of compliance with Title 10, Chapter 15, Section 3(C), (E), (F), (G), (H), (I), and (M) and all applicable federal, state or local laws. (vii) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; (viii) Identification of the entities providing the Back Haul Network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in the UNITED CITY OF YORKVILLE. (ix) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and (x) A description of the feasible location(s) of future towers or antennas within the UNITED CITY OF YORKVILLE based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. C. Factors Considered in Granting Special Use Permits. The UNITED CITY OF YORKVILLE consider the following factors in determining whether to issue Special Use Permit above and beyond those factors referenced in Title 10, Chapter 14, Section 6 of the Zoning Ordinance. The UNITED CITY OF YORKVILLE may waive or reduce the burden on the petitioner of one or more of these criteria if the UNITED CITY OF YORKVILLE concludes that the goals of this Ordinance are better served thereby. (i) Height of the proposed antenna, antenna structure or tower; (ii) Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; (iii) Nature of uses on adjacent and nearby properties; (iv) Surrounding topography; (v) Surrounding tree coverage and foliage; (vi) Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; (vii) Proposed ingress and egress; and 13 Tower Ordinance (viii) Availability of suitable existing antennas, antenna structures, towers, alternative power structures and other structures, or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this Ordinance. D. Height. No antenna, antenna structure, or tower shall exceed a height of one hundred (180) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks and Separation. (i) Setbacks. Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off-site residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. (ii) Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Plan Commission may reduce the standard separation requirements if the goals of this ordinance would be better served thereby, or if enforcement of said setback would effectively prohibit said tower. (a) Separation from off-site uses/designated area. [1] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1. [2] Separation requirements for towers shall comply with the minimum standards established in Table 1. 14 Tower Ordinance Table 1: Off-site Use/Designated Area Separation Distance Single-family or duplex residential units 500 Feet Principal building. Vacant single-family or duplex residentially 500 Feet zoned land which is either platted or has preliminary subdivision plan approval which is not expired. Vacant unplatted residentially zoned lands, 500 Feet including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex. Existing multi-family residential units greater 100 Feet or 100% of than duplex. the Tower Height, Whichever is greater. Non-resirlantially 7nnarl lanrle nr nnn- NnnP only cetharkc residential. apply. The Fox River or any watercourse. 500 Feet, as measured from the shore. Major Highways 500 Feet, from the right-of-way. (b) Separation distances between towers. [1] Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. 15 TABLE 2: EXISTING TOWERS - TYPES MLNIMUIVI SEPARATION DISTANCES Lattice Guyed Monopole Monopole > 75'High < 75'High Lattice 1,000 1,500 500 250 • Guyed 1,000 1,750 1,500 1,250 Monopole >75' High 500 1,500 250 250 Monopole <75' High 250 1,250 250 250 F. Siting on Wetland Prohibited. No Antenna, Antenna Structure, or Tower shall be located in an area which has been designated as a wetland either by the UNITED CITY OF YORKVILLE,Kenda11 County,the State of Illinois Department ofNatural Resources, the United States Department of the Interior or the United States Army of r bodies and agencies having Corps Engineers, and any and all governmental bodies ...'w � jurisdiction. G. FCC Signage. To the extent that signage is required by the FCC on an Antenna Structure, or Tower that signage shall constitute no more than five percent (5%) of the square footage of the Antenna,Antenna Structure, or Tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation of Landscape. Existing mature tree growth and natural land forms on the proposed Antenna, Antenna Structure, or Tower site shall be preserved to the maximum extent possible. Utilities and Access Required. Radio and Telecommunications Antennas, Antenna Structures, and Towers,including, but not limited to those used for Personal Wireless Services, Personal Wireless Facilities and Unlicenced Wireless Services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the Antenna, Antenna Structure or Tower. All such utilities shall be buried. 16 Tower Ordinance J. Signal Interference. No signal transmission from any Antenna, Antenna Structure, or Tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed Antenna, Antenna Structure, or Tower, the petition for Special Use shall be denied. K. Equipment Shelter and Equipment Cabinets. (i) Equipment Shelter: A provider of a radio,television, or telecommunications Antenna, Antenna Structure, or tower may provide an equipment shelter on the site of the Antenna,Antenna Structure, or Tower. The square footage of the equipment shelter may not exceed more than twenty percent (20%) of the total square footage of the Antenna, Antenna Structure or Tower ground site or four hundred fifty(450) square feet, which ever is greater. At any Antenna, Antenna Structure, or Tower site in which more than one Antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the Site Plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. (ii) Equipment Cabinets: (a) In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four(4) feet in height or twenty-four(24) square feet of gross floor area and the cabinet/structure is located in a minimum of six (6) feet from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty-two (42) to forty-eight (48) inches and a planted height of at least thirty-six (36) inches. (b) In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four(64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight(8) feet and a planted height of thirty-six (36) inches. 17 Tower Ordinance (c) In commercial or industrial districts the equipment cabinet or structure shall be no greater than six(6) feet in height or sixty-four(64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight(8) feet and a planted height of at least thirty-six(36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six(6) feet in height or a hedge with an ultimate height of eight(8) feet and a planted height of at least thirty-six (36) inches. L. Code Requirements. Any antenna, antenna structure, or tower must meet code requirements established by the National Electrical Code, NFPA 70 and BOCA Building Code; Radio, Television Towers Codes currently in effect as required by the UNITED CITY OF YORKVILLE and all applicable marking and lighting standards as established by the Federal Aviation Administration. M. Engineering Justification. No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the Zoning Board that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Zoning Board related to the availability of suitable existing towers, other structures, or tern tive technology. Evidence submitted to demonstrate that no existing tower, alternative structure, or alternative technology can accommodate the applicant's proposed antenna may consist of the following: (i) No existing antennas, antenna structures or towers are located within the geographic area required to meet petitioner's engineering requirements; (ii) Existing antennas, antenna structure, towers or other structures are not of sufficient height to meet petitioner's engineering requirements. (iii) Existing antennas, antenna structures, towers or other structures do not have sufficient height to meet petitioner's engineering requirements; (iv) The petitioner's proposed antenna, antenna structure or tower would cause electromagnetic interference with the existing antenna, antenna structure or tower or the antenna on the existing structure would cause interference with the petitioner's proposed antenna. (v) The fees, costs, or contractual provisions required by the owner in order to share an existing Antenna, Antenna Structure, or Tower or to an adapt to an existing Antenna, Antenna Structure, or Tower are unreasonable. Costs 18 Tower Ordinance exceeding new Antenna, Antenna Structure, or Tower development are considered unreasonable. (vi) The petitioner demonstrates that there are other limiting factors that render existing Antenna, Antenna Structures, or Towers or other structures unsuitable. (vii) The applicant demonstrates that an alternative technology that does not require the use of Towers or Structures, such as a cable micro-cell network using multiple low-powered transmitters and receivers attached to a wireline system, is unsuitable. Cost of alternative technology that exceeds new Tower or Antenna development shall not be presumed to render the technology unsuitable. N. Removal of Abandoned Antennas, Antenna Structures, or Towers. Any Antenna, Antenna Structure, or Tower that is not operated for a continuous period of twelve (12)months or for which the annual administrative fee is not paid within a twelve (12)month period shall be considered abandoned, and the owner of such Antenna, Antenna Structure, or Tower shall remove same from within ninety (90) days of receipt of written notice from the UNITED CITY OF YORKVILLE notifying the owner of such abandonment. If such Antenna, Antenna structure, or tower is not removed within said ninety(90) days the UNITED CITY OF YORKVILLE shall remove such Antenna, Antenna Structure, Towerthe expense ;nd file a lien against the real estate for the cost or at lh owner's exp "b" "'` of removal or such other action as provided by law. If there are two or more users of a single Antenna, Antenna Structure, or Tower, then this provision shall not become effective until all users cease using the Antenna, Antenna Structure, or Tower. O. Co-Location. A request for approval of a Special Use Permit for the installation of an Antenna, alternative Antenna, Antenna Structure or Tower, the Zoning Board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to co-locate additional antennas or antenna structures on a free-standing pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. 10-15-6 NON-CONFORMING USES A. Prohibited Expansion of Non-Conforming Use. Towers that are constructed and Antennas that are installed in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure. 19 Tower Ordinance B. Pre-Existing Towers. Pre-existing Towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new Tower of light construction and Height) shall be permitted on such pre-existing Towers. New construction other than routine maintenance on a pre-existing Tower shall comply with the requirements of this Ordinance. C. Rebuilding Damaged or Destroyed Non-Conforming Antennas, Antenna Structures or Towers. Notwithstanding any provision in this Ordinance to the contrary,bona fide non-conforming antennas, Antenna Structures or Towers or Antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a Special Use Permit and without having to meet the separation requirements specified elsewhere in this Ordinance. The type, height, and location of the Tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred and eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the Tower or Antenna shall be deemed abandoned as specified in Title 10, Chapter 15, Section 5 (N). 10-15-7 ANNUAL REPORTING OF INFORMATION. Each owner of Cl Antenna, i1LGna0. Structure, or Tower regulated under this Ordinance, and including those previously existing structures which would have been regulated under this Ordinance, shall, on an annual basis, furnish the UNITED CITY OF YORKVILLE, with such information as is required by the UNITED CITY OF YORKVILLE to aid with the administration of this Ordinance, such as changes in availability of space on any Tower for collocation of additional Antennas, plans to abandon a position on a Tower, thereby leaving space for the possible collocation of another Antenna, plans and/or willingness to modify said Tower and Antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other non-proprietary information as may be required by the UNITED CITY OF YORKVILLE. Upon written notice from the UNITED CITY OF YORKVILLE to the owner thereof, the effective date of this Ordinance, which Tower and/or Antenna Structure would otherwise be regulated by this Ordinance, shall register with the UNITED CITY OF YORKVILLE, and shall provide such non-proprietary information as is deemed useful by the UNITED CITY OF YORKVILLE for administration of this Chapter. This Section is specifically deemed to have retroactive effect. Section 7: Severability. Various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. 20 Tower Ordinance Section 8: Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 9: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval by the Mayor and City Council, and publications as required by law. IN WITNESS WHEREFORE, this Ordinance has been enacted this 23rd day of March, 2000. MAYOR ATTEST: -4111 :iPUTY ITY CLERK 21 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) e) A.274,L)C E s\ AN ORDINANCE AMENDING AND CLARIFYING ORDINANCE NO. 2000-8 ORDINANCE AMENDING THE UNITED CITY OF YORKVILLE MUNICIPAL CODE, ADDING "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNA"AND;PROVIDING FOR PERMITTED LOCATIONS, USES,ACCESSORY USES AND CONDITIONAL USES; PERMITS AND LEASE AGREEMENTS; AND SEVERABILITY WHEREAS, THE UNITED CITY OF YORKVILLE has enacted and Ordinance Amending THE UNITED CITY OF YORKVILLE Municipal Code, Adding"Wireless Telecommunications Towers and Antenna" and; Providing for Permitted Locations, Uses, Accessory Uses and Conditional Uses; Permits and Lease Agreements; and Severability which was passed on March 23, 2000 and enacted as Ordinance No. 2000-8; and WHEREAS, the City upon further review of said Ordinance has determined that it is desirous of amending certain provisions of that Ordinance with respect to the payment of fees; and WHEREAS, paragraph"T" of said Ordinance originally provided that an Owner and/or Operator of an antenna, antenna structure or tower shall be required annually to pay the sum of Three Hundred Fifty Dollars($350.00) on an annual administrative fee due January 1; and WHEREAS, the City has determined through a review of its procedural process for the -1- inspection and administrative cost of said facilities to have charges less than that originally anticipated; and WHEREAS, the City is desirous of providing for certain fees to be paid in the event owners or operators of said facilities do not provide private inspection reports to the City on an annual basis: NOW THEREFORE BE IT ORDAINED by THE UNITED CITY OF YORKVILLE through its City Council that it does in fact amend the Ordinance passed as Ordinance 2000-8 on March 23, 2000, to provide that the Administrative Fees charged under Section"T"of said Ordinance shall be amended and repealed and the new fee structure shall read as follows: T. 1. The annual Administration Fee payable to THE UNITED CITY OF YORKVILLE by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of Thirty-five dollars ($35.00)which shall be due on or before January 10 of each calender year commencing with calender year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the City under the terms of this Ordinance, the owner and/or operator shall reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said inspection which shall be a minimum of Three Hundred Fifty Dollars($350.00) and any additional cost incurred therein. -2- SEVERABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Ordinance shall not be affected thereby. REPEALER: Any Ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE: This Ordinance shall be in full force and effect 15 days from and after its passage and approval by the Mayor and City Council. IN WITNESS WHEREOF, this Ordinance has been enacted this a\ _day of 001. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES \I LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA _ Y APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _ day , A.D. 20C_A. MAYOR 7/7 -3- PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of — , A.D. 200i. Attest: CITY LERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500 -4- UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer Subject: North Water Tower—Change rder o. 2 Date: November 24, 2003 Attached find one copy of proposed Change Order No. 2 for the referenced project. This change order, in the amount of a $5535.00 increase, is for work related to the electrical service and for painting. This change order also extends the completion date of the project to May 31, 2004. There were two choices for electrical service, those being a ground-mounted transformer and a pole-mounted transformer. The original design anticipated that a ground transformer would be installed, but Corn Ed said they would charge between$8,000 and $10,000 for that and the related conduit. Com Ed suggested that we go with a pole transformer, which they could supply at no cost. We would have to trench to a Commonwealth Edison pole on Route 47, however, and that is the $7035.00 cost listed in this change order. The original plan also called for four fox head symbols, one being located at each end of the two "YORKVILLE" letterings. As the lettering was being painted, we realized that there wasn't enough room for the fox heads, so we deleted two of them. That resulted in a $1500 deduct from the contract. The last change is a time extension(at no cost change)to the end of May 2004. Due to the delay of the Route 47 watermain contract, we cannot get water to the tower or chlorinate it until then. Please place this item o e Public Works.Committee agenda of December 222003 for consideration. -- --- - /4-5/c)J 6.2 ,ate ,„ Cc: Traci Pleckham, Director of Finance Liz D'Anna, Deputy City Clerk C< 2 f fC z CHANGE ORDER Order No. 2 Date: October 29, 2003 Agreement Date: October 25, 2002 NAME OF PROJECT: Contract A.1 — Elevated Water Storage Tank OWNER: United City of Yorkville CONTRACTOR: CB & I Constructors, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Provide approximately 620' of additional trenching, rigid galvanized steel conduit and wire for 100 amp service for the Elevated Water Storage Tank 1 Lump Sum @ $7,035.00 $7,035.00 2. Deletion of two (2) foxes on Logo ($1,500.00) 3. Bituminous Pavement and Site Fencing shall be completed in the spring of 2004. Change of CONTRACT PRICE: Original CONTRACT PRICE: $1,357,999.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $1,357,999.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(deQ�Gceased) by: $5,535.00 The new CONTRACT PRICE including this CHANGE ORDER will be: $1,363,534.00 JUSTIFICATION 1. Per deletion of on-site transformer and the addition of pole mounted transformer per Commonwealth Edison requirements. No fees will be due to Commonwealth Edison for the pole mounted transformer. 2. Per deletion of two (2) foxes on Logo. 3. Per delay of Contract A.2 — Route 47 Watermain CO-01 G:\PUBLIC\Yorkville\2001\YO0105 Contract A.1 -E.W.S.T.Facility\Doc\chgorder02.doc CHANGE ORDER NO. 2 Page 2 Change to CONTRACT TIME: The completion date for all Bid Items will be extended to May 31, 2004. Approvals Required: To be effective this order must be approved by the federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: CB & I Constructors, Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville CO-02 G:\PUBLIC\Yorkville\2001\YO0105 Contract A.1 -E.W.S.T.Facility\Doc\chgorder02.doc , A CITY OF YORKVILLE t"a 11.. WATER DEPARTMENT REPORT ='ILt - MONTH SEPTEMBER 03 �• ' 20 --- WELLS .WELLS . WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 450 184 13.490 a 1393 453 162 15.786 TOTAL 99 276 CURRENT MONTH'S PUMPAGE IS 5,620,000 GALLONS MORE THAN LAST MONTH ❑ LESS mo 2,616,000 GALLONS ❑ RE THAN THIS MONTH LAST YEAR tJ LESS DAILY AVERAGE PUMPED: 976,000 GALLONS DAILY MAXIMUM PUMPED: 1 ,196.000 GALLONS DAILY AVERAGE PER CAPITA USE: 122 GALLONS WATER TREATMENT CHLORINE FED: 310 LBS. CALCULATED CONCENTRATION: 1.3 MG/L FLUORIDE FED: 318 LBS. CALCULATED CONCENTRATION: 0.24 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2, SAMPLE(S) TAKEN CONCENTRATION : 1.01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 3 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS RESIDENTIAL 25 COMMERCIAL INDUSTRIAL/GOVERNMENTAL COMMENTS New Watermain put on line at Heartland and Circle Center School - _ I1 III •allons lost .., M ___ 111. CITY OF YORKVILLE '111li rift ���ii. Il WATER DEPARTMENT REPORT iiIiLlii MONTH Or�rnher ' 0 2003_ WELLS . WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 459 182 15.472 4 1393 453 163 15.400 TOTAL CURRENT MONTH'S PUMPAGE IS 1,596,000 GALLONS MORE THAN LAST MONTH ❑ LESS 1,079,000 GALLONS MESS THAN THIS MONTH LAST YEAR SS DAILY AVERAGE PUMPED: 996.000 GALLONS DAILY MAXIMUM PUMPED: 1 .414.000 GALLONS DAILY AVERAGE PER CAPITA USE: 121 GALLONS ' WATER TREATMENT' CHLORINE FED: `` 505 LBS. CALCULATED CONCENTRATION: 1.9 MG/L FLUORIDE FED: 363 LBS. CALCULATED CONCENTRATION: 0.25 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2 SAMPLES) TAKEN CONCENTRATION: 0.98MG/L MAINTENANCE NUMBER OF METERS REPLACED: 3 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 NEW CUSTOMERS RESIDENTIAL 25 COMMERCIAL 2 INDUSTRIAL/GOVERNMENTAL COMMENTS New watermain Foxhighland andNorth Watermain improvement put on line All hydrants and valves exersized on water system • United City of Yorkville County Seat of Kendall County EST 414 ®1836 800 Game Farm Road .4 Cl) Yorkville,Illinois 60560 fi n 0 Phone:630-553-4350 41, Fax:630-553-7575 E ‘v METER REPAIRS/INSTALLATIONS SEPTEMBER 2003 128326 326 GARDEN CIRCLE-NEW 130893 1893 WALSH DRIVE -NEW 140100 1845 ASTER COURT - REPLACEMENT 142120 362 WALSH CIRCLE-NEW 142150 333 WALSH DRIVE-NEW 146509 509 KELLY AVENUE - NEW 146528 528 KELLY AVENUE-NEW 148554 554 REDHORSE LANE - NEW 148597 597 REDHORSE LANE -NEW 149211 211 WINDHAM CIRCLE-NEW 203180 508 HEUSTIS-REPLACEMENT 203210 605 HEUSTIS - REPLACEMENT 224070 107A COLONIAL PKWY-REPLACEMENT 241227 731 GREENFIELD TURN-NEW 264147 2147 KINGSMILL COURT - NEW 302100 304 W RIVER ST-REPLACEMENT 303010 604A TOWER LANE - REPLACEMENT 304125 305 W MAIN ST-REPLACEMENT 316030 205 PLEASURE-REPLACEMENT 324233 1381 CANNONBALL TRAIL - NEW 325235 1393 CANNONBALL TRAIL - NEW • 349388 1388 CHESTNUT LANE - NEW 356207 1207 EVERGREEN LANE-NEW 356315 1315 EVERGREEN LANE-NEW 421030 505 HEARTLAND DRIVE - NEW 423060 1258 MISTWOOD COURT-NEW 423050 1269 MISTWOOD COURT-NEW 425320 966 HOMESTEAD DRIVE -NEW 426030 1143 WHEATLAND COURT - NEW 426610 1121 WHEATLAND COURT - NEW 428270 748 ARROWHEAD DRIVE-NEW 431009 284 BRUELL ST-NEW 505328 314 E KENDALL#103 - REPLACEMENT 506020 104 COUNTRYSIDE PKWY - REPLACEMENT • 731197 2197 MEADOWVIEW LANE-REPLACEMENT 733657 657 REDTAIL COURT - REPLACEMENT OCTOBER 2003 102070 208 W HYDRAULIC - REPLACEMENT 128328 328 GARDEN CIRCLE - NEW 128334 334 GARDEN CIRCLE-NEW 128367 367 GARDEN CIRCLE-NEW 128367 367 GARDEN CIRCLE - REPLACEMENT 1300503 503 GREENBRIAR DRIVE - NEW 130692 1692 WALSH DRIVE-NEW 130881 1881 WALSH DRIVE - NEW 142140 344 WALSH CIRCLE - NEW 145566 556 POPLAR DRIVE-NEW 146457 457 KELLY AVE - NEW 146493 493 KELLY AVE-NEW 146503 503 KELLY AVE-NEW 148568 568 REDHORSE LANE-NEW 149225 225 WINDHAM CIRCLE - NEW 24018001 1818A COUNTRY HILLS DR-REPLACEMENT 241225 721 GREENFIELD TURN -NEW 241228 732 GREENFIELD TURN -NEW 349348 1348 CHESTNUT LANE-NEW 356304 1304 EVERGREEN LANE -NEW 413050 305 SANDERS -REPLACEMENT 421630 989 HEARTLAND DRIVE-NEW 425250 935 HOMESTEAD - REPLACEMENT 425270 947 HOMESTEAD -NEW 427040 1034 STILLWATER COURT-NEW 428240 733 ARROWHEAD DRIVE -NEW 428330 798 ARROWHEAD DRIVE -NEW UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Well No. 7 Drilling— Change rder o. 2 Date: December 17, 2003 Attached find a request from Layne-Western to extend the completion date of this project from December 27, 2003 to January 30, 2004. Also attached is a letter from EEI recommending approval of this request. I concur with the recommendation. Please place this item on the Public Works Committee agenda of December 22, 2003 for consideration. If approved, I will have a formal change order prepared and submitted in time for the following Committee of the Whole agenda. Cc: Eric Dhuse, Director of Public Works *01 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com EnglnssrIng Entsrprisss. Inc_ December 17, 2003 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.6 - Water Well No. 7 United City of Yorkville Kendall County, Illinois Dear Mr. Wywrot: Layne-Western has requested an extension to January 30, 2004 for the completion of the construction of Water Well No. 7. The original contract completion date was December 27, 2003. Their request is based on the fact that they mobilized to the site later than they would have preferred due to their busy drilling schedule and the time required to install the extended length of surface casing. Since it does not appear that they are interfering with the Elevated Water Storage Tank construction and since the Well House contractor does not plan to mobilize until later in January, EEI recommends granting this extension. We will forward a formal change order for this time extension next week. If you have any questions or comments with regard to this matter, please do not hesitate to call me at 630/466-9350. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Timothy P. Farrell, P.E. Project Manager TPF/ard pc: Mr. Tom Healy, P.E., Layne-Western PGW, JWF — EEI \\snapl\DOCS\PUBLIC\Yorkville\2003\YO0310 Contract C.6 Well No. 7\Doc\Icofyo02.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying Layne-Western a division of Layne Christensen Company 721 West Illinois Avenue • Aurora,Illinois 60506-2892 • Phone:(630)897-6941 •Fax:(630)897-6976 December 16, 2003 Mr. Joe Wywrot, City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: City of Yorkville Well 7 Dear Joe: We wish to submit this letter to address the need for a time extension on the Well No. 7 project. We prefer not to bore you with any fabricated excuses for the delay. While the extra 92' of overburden drilling was significant, we just simply'endured longer drilling times than anticipated in combination with our busy drilling schedule not allowing us to start sooner than we estimated. Please find enclosed our revised Project Schedule. We feel the estimate revisions reflect a conservative approach, especially considering the sometimes brutal nature of winter-time drilling. We request an extension of our Well No. 7 contract to January 30, 2004, which should allow us a cushion for completely demobilizing our equipment after the well testing. We thank you for your consideration in this matter and if you have any questions, please do not hesitate to contact us. Yours very truly, Layne-Western Company a division of Layne Christensen Company Thomas P. Healy, P.E. Assistant District Manager TPH/lb cc: Engineering Enterprises, Inc. Lyne UNITED CITY OF YORKVILLE, IL WATER WELLS 7 Estimated Project Schedule 12/16/03 (Rev) Well No. 7— Drilling Estimated Completion (ACTUAL) • Mobilization: Week of 11/04/03 (11/04/03) • Drill 29" hole and set/cement 24" casing to 189' (281') Week of 11/07/03 (11/20/03) • Drill 23" hole (pilot hole) to est. 1346' (1353') Week of 11/13/03 (12/10/03) • Drill 23" hole (reaming) to est. 1346' 1 9/ 12/21/03 • Install and cement 18" casing 12/24/03 • Drill 17" hole to estimated depth of 1529' 12/31/03 • Demobilization Week of 1/05/04 • Development and testing 1/23/03 NOTE: Short Holiday weeks may hinder completion of certain phases of work. Test Pumping Phase We would anticipate the use of a Pump Service Rig or 36L Cable Tool Rig with mobilization soon after demobilization of drilling rig. UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r From: Joe Wywrot, City Engineer �1 Subject: City Hall Parking Lot— Change Order No. 2 Date: December 16, 2003 Attached find one copy of Change Order No. 2 for the referenced project. This change order, in the amount of an $8,054.22.22 decrease, is the final balancing change order. Please refer to the change order for details. The pay items that resulted in major decreases were related to subgrade repair, aggregate base, and certain storm sewer items. We found one soft spot in the subgrade near the entrance to the parking lot but other than that it was in good condition, therefore we didn't need to use all of the Porous Granular Embankment. We also had a significant reduction in the aggregate base quantity, which was due to an error in calculating the plan quantity. Lastly, the light well that was proposed for the west side of city hall was not constructed, therefore we didn't have to construct those storm sewer items. There was an increase in striping due to adding the handicap symbol for both stalls, and also for narrowing the distance between diagonal stripes. Please place this item on the December 22, 2003 Public Works Committee agenda for consideration. Cc: Traci Pleckham, Director of Finance UNITED CITY OF YORKVILLE Project: City Hall Parking Lot • Change Order No. 2(Final) Contractor: S&K Excavating &Trucking, Inc. Date: 11-Dec-03 Address: 7225 Caton Farm Road Yorkville, Illinois 60560 Awarded or Revised Adjusted No. Item Quantity Quantity Difference Unit Unit Price Total Cost 1 Earth Excavation 835 835 0 CY $20.45 $0.00 2 Geotextile Fabric(@ subgrade) 1091 1091 0 SY $1.60 $0.00 3 Porous Granular Embankment 140 19.89 -120.11 TON $14.00 ($1,681.54) 4 Aggregate Base Course, Ty B 552 328.9 -223.1 TON $12.50 ($2,788.75) 5 B6-12 Curb 221 214 -7 LF $12.00 ($84.00) 6 B6 Curb 196 196 0 LF $11.00 $0.00 7 Bit. Matls. (Prime Coat) 300 261.6 -38.4 GAL $1.70 ($65.28) 8 Bit. Binder Course(2.5") 143 131.3 -11.7 TON $43.50 ($508.95) 9 Bit. Surface Course(1.5") 86 92.6 6.6 TON $46.40 $306.24 10 Storm Sewer Removal 1 1 0 LS $800.00 $0.00 11 Storm Structure Removal 3 2 -1 EA $400.00 ($400.00) 12 12" RCP Storm Sewer 163 ' 163 0 LF $16.50 $0.00 13 8" PVC Storm Sewer 16 16 0 LF $15.00 $0.00 14 6" PVC Storm Sewer 191 12 -179 LF $14.00 ($2,506.00) 15 Storm Manhole, 5'dia. 1 1 0 EA $1,700.00 $0.00 16 Catch Basin, Ty A 2 2 0 EA $1,600.00 $0.00 17 Inlet, Ty A 1 0 -1 EA $850.00 ($850.00) 18 Connect to Existing Structure 8 4 -4 EA $400.00 ($1,600.00) 19 Structure Adjust 1 1 0 EA $300.00 $0.00 20 Sidewalk Removal 696 632.4 -63.6 SF $0.75 ($47.70) 21 PCC Sidewalk 1011 1171 160 SF $6.00 $960.00 22 Parking Lot Light&Fdn. 3 3 0 EA $1,835.00 $0.00 23 RGS Conduit, 1.5" 233 233 0 LF $9.50 $0.00 24 T&B for Electrical Work 233 233 0 LF $4.95 $0.00 25 Cable, #10 550 550 0 LF $1.60 $0.00 26 Metal Post Assembly 4 4 0 EA $155.00 $0.00 27 Sign Panel,Ty 1 13 13 0 SF $15.50 $0.00 28 Striping, 4"line 390 642 252 LF $3.55 $894.60 29 Striping, Letters&Symbols 18.3 36.6 18.3 SF $38.20 $699.06 30 Furnishing &Placing Topsoil, 6" 630 563 -67 SY $4.00 ($268.00) 31 Seeding, Class 1 630 563 -67 SY $0.50 ($33.50) 32 Erosion Control Blanket 630 563 -67 SY $1.20 ($80.40) 33 Parking Lot Light(Change Order#1) 1 1 0 EA $1,285.00 $0.00 Net Change -$8,054.22 Previous Changes: $1,285.00 Total of Changes to Date: ($6,769.22) Awarded Contract Amount $82,899.66 Final Contract Amount: $76,130.44 Reason for Change: Final balance Recommend for Approval: ....-- .. i, 1 Ci moo` Date: fr� •�t3 Yorkville / // Approv : G / ,.. Date: S&K Excavating &Trucking, Inc. Approved: Date: City of Yorkville A UNITED CITY OF YORKVILLE Project: City Hall Parking Lot Change Order No. 2(Final) Contractor: S&K Excavating&Trucking, Inc. Date: 11-Dec-03 Address: 7225 Caton Farm Road Yorkville, Illinois 60560 Awarded or Revised Adjusted No. Item Quantity Quantity Difference Unit Unit Price Total Cost 1 Earth Excavation 835 835 0 CY $20.45 $0.00 2 Geotextile Fabric(©subgrade) 1091 1091 0 SY $1.60 $0.00 3 Porous Granular Embankment 140 19.89 -120.11 TON $14.00 ($1,681.54) 4 Aggregate Base Course, Ty B 552 328.9 -223.1 TON $12.50 ($2,788.75) 5 B6-12 Curb 221 214 -7 LF $12.00 ($84.00) 6 B6 Curb 196 196 0 LF $11.00 $0.00 7 Bit Malls. (Prime Coat) 300 261.6 -38.4 GAL $1.70 ($65.28) 8 Bit. Binder Course(2.5") 143 131.3 -11.7 TON $43.50 ($508.95) 9 Bit. Surface Course(1.5") 86 92.6 6.6 TON $46.40 $306.24 10 Storm Sewer Removal 1 1 0 LS $800.00 $0.00 11 Storm Structure Removal 3 2 -1 EA $400.00 ($400.00) 12 12"RCP Storm Sewer 163 163 0 LF $16.50 $0.00 13 8"PVC Storm Sewer 16 16 0 LF $15.00 $0.00 14 6"PVC Storm Sewer 191 12 -179 LF $14.00 ($2,506.00) 15 Storm Manhole,5'dia. 1 1 0 EA $1,700.00 $0.00 16 Catch Basin,TyA 2 2 0 EA $1,600.00 $0.00 17 Inlet,Ty A 1 0 -1 EA $850.00 ($850.00) 18 Connect to Existing Structure 8 4 -4 EA $400.00 ($1,600.00) 19 Structure Adjust 1 1 0 EA $300.00 $0.00 20 Sidewalk Removal 696 632.4 -63.6 SF $0.75 ($47.70) 21 PCC Sidewalk 1011 1171 160 SF $6.00 $960.00 22 Parking Lot Light&Fdn. 3 3 0 EA $1,835.00 $0.00 23 RGS Conduit, 1.5" 233 233 0 LF $9.50 $0.00 24 T&B for Electrical Work 233 233 0 LF $4.95 $0.00 25 Cable,#10 550 550 0 LF $1.60 $0.00 26 Metal Post Assembly 4 4 0 EA $155.00 $0.00 27 Sign Panel,Ty 1 13 13 0 SF $15.50 $0.00 28 Striping,4"line 390 642 252 LF $3.55 $894.60 29 Striping, Letters&Symbols 18.3 36.6 18.3 SF $38.20 $699.06 30 Furnishing&Placing Topsoil,6" 630 563 -67 SY $4.00 ($268.00) 31 Seeding, Class 1 630 563 -67 SY $0.50 ($33.50) 32 Erosion Control Blanket 630 563 -67 SY $1.20 ($80.40) 33 Parking Lot Light(Change Order#1) 1 1 0 EA $1,285.00 $0.00 Net Change -$8,054.22 Previous Changes: $1,285.00 Total of Changes to Date: ($6,769.22) Awarded Contract Amount: $82,899.66 Final Contract Amount: $76,130.44 Reason for Change: Final balance Recommend for Approval: Date: 1/ �3 of Yorkville Approved: !2 n., ` .---7-i?7/.---- A.,------' Date: /' /1/?`:3 S&K Excavating&Trucking, Inc. Approved: Date: City of Yorkville