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Committee of the Whole Packet 2003 05-20-03 .fTT> \ United City of Yorkville EST. ®1836 County Seat of Kendall County 800 Game Farm Road Cl) Yorkville, Illinois 60560 o ',ill ' Q Phone:630-553-4350 le.. v�2 Fax:630-553-7575 AGENDA COMMITTEE OF THE WHOLE Tuesday, May 20, 2003 7:00 PM Conference Room Public Hearing: None Presentations: None Old Business: 1. Fox Hill Landowners License Agreements *COW 5/6/03 • 2. Bruell Street Pump Station - Design Engineering Agreement *CC 5/13/03 New Business: 1. Westbury Village - Draft Annexation Agreement *Mayor 2. Naming of Parks Policy *Park Board 5/12/03 3. Building Permit Reports for March 2003 and April 2003 *EDC 5/15/03 4. PC 2002-27 Fisher Property - Annexation and Zoning *EDC 5/15/03 5. PC 2003-05 Heartland Circle - Final Plat *EDC 5/15/03 Executive Session: Land Acquisition: For the purpose of purchasing or leasing of real property for the use of the public bodies being considered. Additional Business: • (\iAt? UNITED CITY OF YORKVILL M-71 � I -61 AGENDA 1"01)C&", 1J�,.& COMMITTEE OF THE WHO Tuesday, May 20, 2003 7:00 PM CITY CONFERENCE ROOM STATUS/COMMITTEE: #j OB 1. Fox Hill Landowners License Agreements ( OB2. Bruell Street Pump Station-Design Engineering Agreement L .- 0 0 NB 1. Westbury Village -Draft Annexation Agreement (Aff NB2. Naming of Parks Policy c4 J NB3. Building Permit Reports for March 2003 and April 2003 * 2 NB4. PC 2002-27 Fisher Property Y- Annexation and Zoning • 1 / !� i NB5. PC 2003-05 Heartland Circle -Final Plari-7 • / P'" , cli,,,,, s7 /-) (tip ..i 4P- . 4 (7D4-) - - , ee 5' 0 Kt , b/e (,,,Le A C'194-L1 1 ke\a a Se io Additional Business G SSS`1)1. tv(ji I../ // i f1 / ___i • 9-ci , i e ____,,7,. „,;, I i 4 fru a IWO 0 r • L'') ,\,,. - C ---tc, (6-)c -c. oic-ii--- AL _ L a _iC_ cr-c ( L--:Lc acc-Lcu ' _..) (a_,. .t,i.-3',,(.,._.4c-i (71,1 Cit_r)L,z---.c-\. (ta_c_j, (IDA...it-cc-I< �-f - . . 05/03/2003 09 30 FAX 630 553 5764 DANIEL J KRAMER 0 002/013 STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of ,by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation, County of Kendall, State of Illinois, hereinafter referred to as CITY, and Robert Anton, of the United City of Yorkville, County of Kendall, State of Illinois,hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as follows: B. LICENSEE owns personal property, that being a playground structure part of which encroaches onto the area of the above described property owned by LICENSOR In consideration of the mutual promises contained in this agreement,the parties agree as follows: SECTION ONE GRANT OF LICENSE; DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this agreement, the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the playground structure to remain during the period beginning the date of this Agreement, and continuing only until such time as the CITY notifies LICENSEE of the desire to terminate said Page 1 of 4 05/03/2003 09 30 FAX 630 553 5764 DANIEL J. KRAMER ra 003/013 License, said LICENSEE sells or otherwise transfers ownership of their property, or said playground structure is removed, destroyed, or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License, the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30) day to remove said playground structure. If the above described playground structure or any essential part of such structure be destroyed, removed, or damaged to an extent requiring rebuilding and/or demolition, this agreement shall immediately terminate; and in such event LICENSEES shall immediately remove all materials of said playground structure from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S construction and maintenance of a playground structure on the property of CITY SECTION FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by,construed, and enforced in accordance with the laws of the State of Illinois. SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Page 2 of 4 05/03/2003 09: 30 FAX 630 553 5764 DANIEL J. KRAMER Z004/013 SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party. SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEES expressly agree that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described property of LICENSOR,by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR THE UNITED CITY OF YORKVILLE Page 3 of 4 05/03/2003 09 30 FAX 830 553 5764 DANIEL J. KRAMER Z005/013 LICENSEE Robert Anton STATE OF ILLINOIS ) ) ss COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT Robert Anton personally known to me to be the same person_ whose name is _ subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered this instrument as his free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of , 2003 Notary Public Law Offices of Daniel J. Kramer 1107A South Bridge Street 'Yorkville, IL 60560 (630) 553-9500 Page 4 of 4 05/03/2003 09 30 FAX 630 553 5764 DANIEL J. KRAMER 2006/013 STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of , by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation, County of Kendall, State of Illinois, hereinafter referred to as CITY, and Megan Spemmet, of the United City of Yorkville, County of Kendall, State of Illinois, hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as follows: B. LICENSEE owns personal property, that being plantings and a playground structure part of which encroaches onto the area of the above described property owned by LICENSOR In consideration of the mutual promises contained in this agreement, the parties agree as follows: SECTION ONE GRANT OF LICENSE; DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this agreement, the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the plantings and playground structure to remain during the period beginning the date of this Agreement, and continuing only until such time as the CITY notifies LICENSEE of the desire to Page 1 of 4 05/03/2003 09: 30 FAX 630 553 5764 DANIEL J KRAMER 1007/013 terminate said License, said LICENSEE sells or otherwise transfers ownership of their property, or said playground structure is removed, destroyed, or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License, the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30) day to remove said plantings and/or playground structure. If the above described plantings and/or playground structure or any essential part of such structure be destroyed, removed, or damaged to an extent requiring rebuilding and/or demolition, this agreement shall immediately terminate; and in such event LICENSEE shall immediately remove all materials of said plantings and/or playground structure from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S construction and maintenance of a plantings and/or playground structure on the property of CITY SECTION I N FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Page 2 of 4 05/03/2003 09: 30 FAX 630 553 5764 DANIEL J. KRAMER 008/013 SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party. SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party,in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEE expressly agrees that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described property of LICENSOR, by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR THE UNITED CITY OF YORKVILLE Page 3 of 4 05/03/2003 09: 30 FAX 630 553 5764 DANIEL J. KRAMER U1009/013 LICENSEES Megan Spemtnet STATE OF ILLINOIS ) ) ss COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT Megan Spemmet personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered this instrument as her free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of , 2003 Notary Public Law Offices of Daniel J, Kramer 1107A South Bridge Street Yorkville, IL 60560 (630) 553-9500 Page 4 of 4 05/03/2003 09: 30 FAX 630 553 5764 DANIEL J. KRAMER 121010/013 STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of , by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation, County of Kendall, State of Illinois, hereinafter referred to as CITY, and Mr. and Mrs. Timothy Wolf, Husband and Wife, of the United City of Yorkville, County of Kendall, State of Illinois,hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as follows: B. LICENSEE owns personal property, that being tress placed within the park area part of which encroaches onto the area of the above described property owned by LICENSOR. In consideration of the mutual promises contained in this agreement, the parties agree as follows: SECTION ONE GRANT OF LICENSE; DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this agreement,the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the trees to remain during the period beginning the date of this Agreement, and continuing only until such Page 1 of 4 05/03/2003 09 31 FAX 630 553 5764 DANIEL J KRAMER 011/013 time as the CITY notifies LICENSEE of the desire to terminate said License, said LICENSEE sells or otherwise transfers ownership of their property,or said trees are removed, destroyed,or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License, the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30) day to remove said trees. If the above described trees or any essential part of any tree is destroyed, removed, or damaged to an extent requiring rebuilding and/or demolition, this agreement shall immediately terminate; and in such event LICENSEE shall immediately remove all materials of said trees and/or tree from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S the planting of the trees on the property of CITY SECTION FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Page 2 of 4 05/03/2003 09 31 FAX 830 553 5764 DANIEL J. KRAMER a 012/013 SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party. SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEE expressly agrees that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described property of LICENSOR, by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR THE UNITED CITY OF YORKVILLE Page 3 of 4 05/03/2003 09:31 FAX 630 553 5764 DANIEL J. KRAMER 2 013/013 LICENSEES STATE OF ILLINOIS ) ) 55 COUNTY of ) I,the undersigned, a Notary Public in and for said County,in the State aforesaid, CERTIFY THAT personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered this instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of ,2003 Notary Public Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL 60560 (630) 553-9500 Page 4 of 4 WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630)897-4651 • FAx (630)897-5696 AURORA, ILLINOIS 60506 May 15, 2003 Mr. Tony Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Engineering Agreement Bruell Street Pump Station and Associated Forcemain and Gravity Sewers W.E.D.A. Job #788-03052-00 Dear Tony: We are in receipt of Dan Kramer's letter dated May 13, 2003 and have made changes to the referenced engineering Agreement as follows: 1. Paragraph 2.4.3 was deleted and we added the sentence "supply of title commitments", after "as needed upon", in the renumbered paragraph 2.4.5. 2. Paragraph 3.6: The rest of the sentence after the word "invoice" was deleted. 3. Paragraph 3.7: The rest of the paragraph was deleted after "Engineer's invoice". 4. Paragraph 3.8 was deleted. 5. Renumbered paragraph 3.12: The rest of the paragraph was deleted after "non-contributory". 6. Renumbered paragraph 3.13: The rest of the paragraph was deleted after "General Contractor". 7. Renumbered paragraph 3.14: Engineer's liability shall not exceed the limit covered by the Engineer's professional liability insurance. 8. Renumbered paragraph 3.16: Disputes will be referred to "a mutually agreeable Mediator or a member of the Kane County Mediation Panel appointed through the Kane County Circuit Court.". • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing Mr. Tony Graff City of Yorkville May 15, 2003 Page 2 We trust the above will meet with your approval. We have provided you with three copies of the revised Agreement. Very truly yours, WALTER DEUCHLER ASSOCIATES, INC. Phi .e . oreau, P.E. PFM/mw Encl. ENGINEERING AGREEMENT FOR DESIGN SERVICES AND CONSTRUCTION GUIDANCE OF THE BRUELL STREET PUMP STATION AND ASSOCIATED FORCEMAIN AND GRAVITY SEWERS UNITED CITY OF YORKVILLE This Agreement is made and entered into this day of , 2003, by and between Walter E.Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue,Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer, in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The work, herein referred to as the "PROJECT", consists of consolidating two (2) existing pump stations commonly known as the Gawne Lane and Woodworth Pump Stations into one single pump station to be named the Bruell Street Pump Station. This pump station will serve areas proposed for development south of the Heartland Subdivision, as well as areas further to the east which are tributary to this sewer system and which are analyzed in a report from Walter E. Deuchler Associates, Inc. dated March 23, 2003. 1.2 The project consists of one 1.6 mgd duplex pump station, 3200 feet of 12-inch forcemain and 1400 feet of 8-inch and 1900 feet of 12-inch gravity sewer as delineated on the map attached as Exhibit A. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. 2.3 To sublet geotechnical, wetland delineation and archaeological survey work. -2- 2.4 To provide Design Services for the Project described in Section 1.2, as delineated on the attached Exhibit A and as summarized in the following: 2.4.1 Perform topographic surveys. 2.4.2 Delineate jurisdictional wetlands, if any. 2.4.3 Prepare Plans and Specifications of the proposed 8 inch and 12 inch gravity sewers and 12 inch forcemain, based on the alignment shown on Exhibit A. 2.4.4 Prepare Plans and Specifications of the proposed 1.6 mgd pump station. 2.4.5 Locate markers and monumentation of parcels and ROWs and prepare four(4)plats of easement and one (1)plat of survey, as needed upon supply of title commitments, easement negotiations and property acquisition by the Owner. 2.4.6 Assist the Owner in obtaining appropriate permits from the Illinois Department of Transportation and the Illinois EPA. 2.4.7 Upon authorization of advertisement for bids by the Owner,the Engineer will furnish Owner necessary copies of the Plans and Contract Documents and will endeavor to interest competent contractors in submitting bids on the work as advertised, and will advise with the Owner in the matter of letting contracts for work on the basis of bids received. 2.5 To furnish construction guidance for the Project. 2.5.1 Video taping the site prior to any construction activity. 2.5.2 Consultation on interpretation of plans and specifications and changes under consideration as construction proceeds. 2.5.3 Establishment of lines and grades for the work as construction progresses. 2.5.4 Checking all shop and working drawings. 2.5.5 Furnishing a Resident Project Representative (RPR) at the job site to provide continuous observation of the work. The duties, responsibilities and limitations of authority of the RPR are set forth in Exhibit B to this agreement. -3- 2.5.6 Reviewing and checking all reports by testing laboratories on equipment and material tested, if provided by the Owner. 2.5.7 Reviewing and checking all payment estimates, change orders, records and reports required. 2.5.8 Preparing final pay estimates. 2.5.9 Preparing record drawings and supplying the City mylar record drawings after completion of construction. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, special design criteria, available plans of existing subdivisions,title searches for determination of existing right-of-way and property encumbrances. The Owner will negotiate easements and property acquisition with the property owners affected by the Project. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a not-to-exceed amount of $294,000.00 based on the Engineer's Fee Schedule attached, for the 2003 calendar year or the current schedule in effect after calendar year 2003. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, such as,but not limited to, assisting the Owner in negotiating easements and acquiring property, changing alignment of the interceptor due to failure in acquiring easements and others, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2003 Fee Schedule for the 2003 calendar year or the current schedule in effect after calendar year 2003. 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice. -4- 3.8 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.9 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.10 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. 3.11 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.12 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. 3.13 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity oftheir obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence,techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. 3.14 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed the limit covered by the Engineer's professional liability insurance or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. -5- 3.15 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.16 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a mutually agreeable Mediator or a member of the Kane County Mediation Panel appointed through the Kane County Circuit Court. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee,gifts,or any other consideration,contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and hispartners,successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. -6- 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage, injury, cost or expense,including attorney fees,arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2003. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor -7- Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 BY _.•00 !i`1itr— Title: Presi 4 ent r, , �r, oxo 1,2Y 2 „,,,5: . .„‘ .. ------L-----[___ _,...._ ., ; «�- JACKSON Sr. . APPLE TREE L 5 1 •N ' ICTpRIq 1� i kg rye ..... '--`--_..r;, b4RTl w t f NAVA ” R 1- - y A J x�y W 2 PARK S. _ E A PARK ST. PARK ST, J Q r j 1111 ; g ,; c . � SL r w r v7 IX t!.14114,,UK T. 44 it; t , " , �__, illIllIl 1 Sp 'sr ,_.. spRlro� sr, ' c. o N 2 b....1:".T1 'ENTER sr "`"' `ROPOSED :12" FO MAIN �•- ' '"3►— .,,;� , � Creel' u. r r� 'r 6 > U cmill'a:'-::E M i . ,:--;.,.....6 1 N. JI lorpvii: : vi., � v �+ ----------' NAIN sic:, S �n 2$ RIS Qp ST. �Id�' r .` ., ' .a -,il� —Pei '. E� 4 i se Y fr fI.• p Ihn^ a i N Q��LIFTATE � �;, 37 ,,,,, � __ illi ________H ,,--; PROPOSED STATI( .,. 0.� .. �________�2 _GRAVITY SEWER ,� W'��. 4 jr 592.00 mo `GAVNE LANE PROPOS 568.00Fok �v� LWT REGIONAL STATION PUMP STATION ffON • . 617.1o0i— ifl T -� IXC . RE‘ISNS03,05,03A OCIATE . EX14 I Eti leir , A WAITE E . DEUCHLER DATE 01 29 03 DESK rED WD DRAWN APPROVED PFM soar 000 =.B. •TO2Cz: i^iBolAND FOR AOR PROF SSIONAL SV;C" daze ,I3 use w iiL.Nc. 1_910-1,i° = • A _iu G OF Y-tt* DAxla S, LBt A.=0?.i OF ADTEOR?''T OF I h j 'i PRO L• Trs is an a to e d to,oa e a part of and moor.by whh the A.. men made on 19 ,bete (OWi N and (AGM+r.-; pr,jvidislg for pi essicnal - - GLi a sbP-2i frr• .s a R.-side-ct Project Reores.`zi ve WIZ), as s.anis and other field sLIT to assist m obse nm p erfor--,,ance of-the w t. of Cthatic.ctor. T -ou more extensive on-dteobserraEons of the wow it pros and field cutis ofuteria1s an is with_ by the L-TR and ants, ENG :&shall e-. eavor to provide t i LLer -...:sin fOr OWN asci deaciencies in the.wont of C[ON'��AC OR;but,the fu•,�. - of suss, services w.ii not rrtak E -3 r� L�j77t 7'je fororv e ..'�LiT r l con'L::.i over o tcarn.,'s,methods, icuez,e cw orprcs or for s st f yFl\...�. o o pro 'rQ or ,� , y f C"O l�t ;('1 rrf e y i+r._r ��e '1Ii1i for �...� O inT'1,Lit` to pey�',r� ti_ accordance wilt the Contract lac:S'Tents and m poi Jcc�-Me spec l IIiatcns set forth m.para___ 1.6 the r-7-ee are apolicnole. - The .es and res;or'iTrues of the RPR are 1lrr-;ted to those ofWi t;+.u--7.-ER in ez ;,T, the Obi and i3 the cor... trimCc-�n �.t Dccai?en.t�.s,and are EL Ener ii , and da-iced as follow a: • R. R is SR's agent'at the site, will act as directed by and der the nmervisicn Of ENGINEER, and rr II cc -er with E'1G I '. '. � �- i- RPR's actions. RP's r'P^l i ID mangers i er`a' ?' to the on-site wont gi- T1 M general be with- and CONI-cA CTOR OWNER advised as necessary.R_� 's �i2 57-7^Tf only be.fuvrsT-t+ Or with the fall edge and auun.uvai of CO 'lilPCTOR c'..2i7 nero11y ccramunic tF•j„i z?: OWN=with the knowledge fff and nnder the direr on of EGL r. • I. Sthe. -2S_Review the n owes `ched sche`aie of ShopDr. SObk, .-':c ^ei-rle ofvalues J �., J1C�1� t1L. `1' and J..,� 14-pa_ed by CONTRACTOR R=CTOR and consult .fir t tiG "t concerning 2. Co7Lf7snzces u?zd Meethzos_fi end meetilicv with CONTRACTOR, sod as nreccosuIIcition coFlfe ences, uro7ess meeta ,job conerennces asci other uA.oje -reratec.izee gs, and-prepare and crate comes Gf-ri;-T7te _ . . a_ Serve as CON i_LL-ACTOR, wor ms CONTRACTOR's .superimendent and ash it urde=stzne-7,-6 the te r of the CouV Doc rrr e--rs;and.a`s L E C-1 'i s Q as OW=. 's 1ia;saa with CO N'I CTOR when CO "1 RACtOR's opera.tions-a ect.OWN- - c's onsite cue` ons_ • - b. Assist in oc*� -;; u m OWNERadditional details or rnForrat cn,when iced for proper execnt cn of the Work. . z. Shop-Drawings and Sanmles. a. Record dates of-re .ipL of Shop Draw-and samples_ b. Receive samples which are f hed at the she by CON'i±ACTOR,and notes a'GL alk of ava] abi ii`y of samples for e�ammmoti _ c_ advise ENG-1 d CONTRACTOR of the commencement of any Work Wdes recfainga Shop D or sample if the suui T Ins not been appnaved by i( _c 5_ Review of Work,Refection of Defecdoe Work, Lespec*ior s and Tesrs_ - a. Connect on-she observations of the Wolk in p Y to a s t ENGN in deterr- . ii tire rWv of is in general pr.ceedi za in accordance with the Contact Documents_3s b. RLP-ort tc r r Gni whenever RPR believes that any Woes is s'ti actory,fn;,_ or defe ve or does act conform to the Contact Documents,or`mac b df-,'acres,or does not meet the clamems v=ia • of any inspection, test or accroval reqthrod to be made; and arise TGFR of Work that Ria believes should be correcr.ad or rejected or517.ould be uncover for obsen-- 432, or rectifres sec testing,insption.or azpluvaL . c_ Vera-7 that teats,equir.,ment ands-is-terns starts and aperafr4 andm eiiiance t-xirri-'77 are iii.the presence of anprui.u.idte-.E.;er:zonnei,and th1-1-CO=ACrOR 3-,-tr.-irr,;-ns-ariecoate re=rdz thereof; and observe, ret.- ..t J. and report to r.-7,_LIG.Ths. det2ils t\-2,1a7e to the test proctdurzz . =taps_ cL A=o3imany visidegspectcrs representhas public or otheragencies b,avirz,rjuris' cation.over the Projt,. recordthe rc-s. nits oft.h. e frispec•-,.,_:or_s and r=ort to avi.G2i .- 6. _ars,...'rpretatiorl of Co. .act Doczt2r...e.n.ts:Report to .when cf2-r'tications andi=err...re.v2E.ons of . . the Contract Docurnetits are needed . zunsni-t.to COIN ii<ACTOR cations and iat...,,,,pretaciaz as : . issued by.a\TGaNh:cii... 7. Mo4-ic=icr_s.: Consider and evairnt COIN-i_t•LA.CTOR'S sunmestons for riod15-2--Fons Draw-m -or • Secit.-- -...-L4ons and tort reco---=ese2fions to .'si"-G...T2-:‘,4.-3-7-7R"... Tr..2-nstrit to CON'tACTOR decisions as issued b• y f.,'_ Records: • . . /i.n5-77 -f--; at the Job site orderly files for correspondence, reports ofjcb coMe....,-e--_,Ites, Shop Drawings and s -r-rlies, rA (1-no:dor.s of ot.z.47121 Contract Documents EL-cir-Tig a Work-Directive Cha=2-es, - • Addenda,Cage Crde ,Field Orders, add-sr:110=i Draw .gs issued subsequent to the eme-clniori of the • : Contract, TE_ha's clarifons and LíL et-2tions of the co.L.:L.act DccLi.1.,ents,pros reports,. . and other Project re.- ted documents. . . b.-Keep a e•-:ia-737 or log book;recording COIN li-kACTOR hos on the job site, we-:1-ther conditions, cia-tr4 relative to #estious of Work Dfrecdve Cn2T_Tzes.,Change Orders or ci-Tarae.d conch-Efforts,list of job site ors, cinfiy activides, observanons -.M.general, and specifc observations in more detail as_ the ise of obs.eryfr:g test proc---Tr-res; and send copies to ENGTNL-,...tE,L.: • c. Record 72-cres, and teienhon.e rirTrzbers of all.CON subcoat-2,_ctc.)-rs and rrr2jor cliers of materials and ecidoment. 9. Report:: a. P periodic re-colts as recied of progress of the Work and. of CONTRAC_TIORr.s • cor=-7-iii2.7ce with the-o,.----oa-ess schedule and schedule of Shop Dra.-w-Ma and sample subniT-.Lals.. b.. Consult with E.i".i17-71•4 R.inadvance Sche,i....nied major tests, - or of orca.nt ' es h= of the Wori. • _ • • o DI-2....11 1.:1‘.:posed. Ci--2-rzze-Orders and Work rizeor•vi e 012-ages, ob1.24-21"-r,z bras= ---'1A-2:21-,21 from CON- TRACTOR.and -..._cr.,-rendtth- N.GINT-7. RCiaaug-p Orders,Worlr.DireCt-ve rn24-1ces,andEeld Orderi. Rer...dort i-r-rnediathiy toTNC.iii•4 R17C-4 01rii4.ta anon the occ..4.il_Lence of any accident. Payrnmt Rea.ec=Review applications for payment with CONTRACTOR for corn:71'2a=with the esta • • Fished procedure for their sub-7-15ZiOn and forward with recommendations to ENGD4EER, notirg, part.c- • •_ - •ulariy the reiadonship of the payment rc' llested to the schedule of values,Work conrpleted-and materials - - and equipment delivered at the site but act incorporated M.the.Work.- 11_ Ceri.iisa-tez,_Hcria.zena,--zce.and Operation Mcoz:.zals:Thaliii&T,the course of the Work,verity- that certsfcate azd option rrir1T111211 and other (int" recuii-ed to.be a.ssembled and fnrthshed- by CON-- . • TRACTOR are arpolicable to the items aornariyirLsr2iled and in accordance with the Contact Documents, and have tis Irsteri21 4eiivered to ENGE1/44_-;1-.Ft for review and forwarding to °7'#7=4-L-2*- prior to -fl-nal • , payment for the Work:. • . 12. _Comp/et:cm: - - - a. Bore ENGTh R issues a Certificate of Substn-'-i,L.21ContoIet'on,F'‘IbTtht-.to CONTRACTOR a'1St of observed items requiring LautiJienon or Correction. • b. Conch=fr-m21 irt<me..-::ton in the con-Lamy of ENG_ThrF1TR., nd CONTRACTOR.and prepare a finallist of items tif be coukpleted or CorreCted.. c. Observe 1'12/ all its-ms onf-int list have been completed or corrected and Irgke rec--crime---( ons to concer-rfir. ix R de went Rewe: • 1. c,,nR not a_nthcri e any deviadonfrr.to.the CLL . Doc:time=or subsdialion of mite 1 S or=mi- e unless a=rc-r_-=d c r�t4".C-1 t�F _ • 2 SilnIT act e.;c d 112: t7.1i0a oI 2iuii.1y as set forth in the merit or the Documerrts. 3. Si'T?. not ' - e any of the respenthbilities of CONTRACTOR„ sr±CC actors or C01`..-4`ii ACTOR's. 4_ Shari not advise on,issce.crtrecns l lzdve to or assume cavi over arty aspect of the =oars,methods, _ terfIries T sequences:or 1=c-cc-edit-es of cauC on. unless such advice or c ons are spie;-r. -v nom _ ' by the-Coat-act Locus_ - 5. STIP TT not adiise on,issue direZ=TOTIS re g or acsu, e canto!oY er sZci f pre ons and pros rl-i3 ctme mor-wrr the Wo- 6. S'-irt Pnt '"13.017 Drawingor sa n le ST:thr- r anyor.e o+_ e.:Dart CO�i�'� CTO . 7_ 31-1,',if not 77-.0+,/LNR to c• -=1.,y the: =iso-,-4-hole or part. 8_ S'nr s? not r^crui 12 aie iy spec alio field or�cacr_% `gists orrnspe`cns c u. et by czne s e ce t as se- ca 7arrt ucTiize by { • • WALTER E. DEUCHLER ASSOC. INC. 2003 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 37.00-57.00 JR. TECHNICIAN 32.00-40.00 TECI`I SIC IA ;'DRA;=TSPERSON 35.00-73.00 CONSTRUCTION OBSERVER 55.00-75.00 SURVEY CREW (2 Members) 95.00-120.00 ENGINEER 62.00-72.00 PROJECT ENGINEER 72.00-95.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 90.00-122.00 12/16/2002 0 PAGE 1 THIS INSTRUMENT PREPARED BY AND RETURN TO: Sanford M. Stein Gardner Carton& Douglas, LLC 191 N. Wacker Drive, Suite 3700 Chicago, IL 60606 (312) 569-1229 Fax: (312)-569-3229 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2003, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") {see Julie regarding Owner info as set forth in the Contract} THE ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER ("OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto ("Undesser Property"). B. OWNER and the City, have heretofore entered into that certain Annexation Agreement dated July 1, 1997 with the City ("the 1997 Annexation Agreement") which provided for, among other things, the annexation of a portion of the Undesser Property to the City. C. The OWNER desires to annex additional property legally described on Exhibit "B" attached hereto (the "Annexation Parcel"), to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Subdivision (approximately 300 acres). D. DEVELOPER desires to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the "Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. Draft May 13.2003 22242448 E. DEVELOPER further desires to amend the 1997 Annexation Agreement as it pertains to in accordance with the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and the City is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the other real estate being the subject of the 1997 Annexation Agreement. F. DEVELOPER proposes that a portion of the Subject Property as legally described and depicted in Exhibit "C" attached hereto be rezoned from Kendall County A-1 Agricultural and United City of Yorkville B-3 Service Business District and A-1 Agricultural, to United City of Yorkville Planned Unit Development with zoning districts of B-3 Service Business District with special use, R-2 One Family Residence District, R-3 General Residence District, and R-4 General Residence District. G. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. H. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. I. The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. J. (i) Each party agrees that it is in the best interests of the OWNER, DEVELOPER and the City to develop the Subject Property as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the Subject Property. (iii) The Annexation Parcel is located contiguous to the corporate boundaries of the CITY, and not within the corporate boundaries of any other municipality. K. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Subject Property proceed as conveniently as may be, in accordance with the terms Draft Mav 13,2003 2 22242448 and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. L. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER. M. The OWNER and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held public meetings with the Plan Commission and the CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties, hereby agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property to United City of Yorkville Planned Unit Development with zoning districts of B-3 Service Business District with special use, R-2 One Family Residence District, R-3 General Residence District, and R-4 General Residence District. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. 3. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Preliminary Plan (Preliminary Plat, Preliminary Landscaping and Preliminary Engineering). DEVELOPER has submitted to the CITY a preliminary plat of subdivision for the Subject Property prepared by The Lannert Group, a copy of which preliminary plat is attached hereto and made a part hereof as Exhibit "C" ("Preliminary .Plat"). DEVELOPER has also submitted to the CITY a preliminary landscape plan for the Undesser Property (prepared by The Lannert Group), a copy of which is attached hereto as Exhibit "D" ("Preliminary Landscape Plan"), and preliminary engineering (prepared by Cemcon, Ltd.) a copy of which preliminary engineering is attached hereto as Exhibit "E" ("Preliminary Engineering Plan"). The Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering Plan are collectively referred to as the Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has Draft\;Iav 13.2003 3 22242448 submitted the Preliminary Plan to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Preliminary Plan as complying with all the provisions of the Subdivision Regulations and the Zoning Ordinance of the CITY, except for those items for which variations or deviations have been granted, as set forth in this Agreement. In accordance with the development concepts set forth on the Preliminary Plan, the Subject Property shall be developed in substantial accordance with the one-family and multi-family dwelling unit and commercial concepts set forth therein, with a total buildable subdivided lot count of 286 one-family lots, 601 multi-family units including 278 Townhome Units and 323 Courtyard Home Units and 22.7 acres of commercial area, within the Subject Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof The Subject Property shall be developed in the manner and in accordance with the development concept set forth in the Concept Plan and Preliminary Plat, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Subject Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Subject Property, shall be substantially as provided in the Preliminary Engineering Plan attached hereto on Exhibit "E". B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER may from time to time determine in its sole discretion. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering-) for a Phase of Development, which substantially conform with the Preliminary Plan as to such Phase of Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 6 of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the "Final Plans". Concurrent with and prior to Draft May 13,2003 4 22242448 recording a Final Plat for CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 21 hereof, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "K" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 21 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 21, to fund the cost of maintaining the Common Facilities. C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit "L" on each Final Plat of Subdivision. 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "F" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ("Permitted Variations"). 5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities. DEVELOPER shall cause the 45-acre portion of the Subject Property not previously done so, or such developable portions thereof as may be appropriate, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering Plan as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Draft\Iav 13,2003 5 22242448 Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. Furthermore, the City agrees to use its' power of condemnation if necessary to secure the necessary easements to affect the sanitary sewer main extensions. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of arid, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are smaller than fifteen inches or smaller in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. There shall be no limit on the number of connection permits or other sewer or utility permits, that can be granted at any given time period during the development and all permits shall be processed in a timely fashion. Up to 500 dwellings can be served on a temporary basis by a pump station and force main to the Route 47 Sanitary Sewer Interceptor until the Rob Roy Creek Interceptor is available to serve that portion of the Subject Property. The DEVELOPER shall have a right of Recapture, in accordance with the provisions of this Agreement, for the portion of the costs it will have paid which exceeds its proportionate share of such costs of the identified service area as set out in the Recapture Agreement. The DEVELOPER's recapture costs for sewer shall be repaid by the CITY by use of the user fee which it collects in the CITY utility bill (currently $ per year per unit) from units within the Westbury Subdivision until the costs and any accrued interest is repaid to DEVELOPER. 5. (Alternate) POTABLE WATER SUPPLY, SANITARY SEWER AND RECAPTURE FUNDING MECHANISMS. A. The CITY represents and warrants to OWNER that the CITY'S potable water, fire flow and water storage facilities will have sufficient capacity to adequately serve the needs of the DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement when a water tower is constructed on the portion of the SUBJECT PROPERTY described on Exhibit "I" attached hereto and that will be dedicated to the CITY by the OWNER as part of this Agreement. The CITY has disclosed to OWNER that it is under an EPA mandate to reduce levels of radium in its potable water supply that requires the expenditure of substantial sums by the CITY in order to obtain permits for continued water main extensions. B. With the respect to sanitary sewer treatment capacity, the CITY shall work with DEVELOPER to acquire adequate sanitary sewer treatment capacity for uses within the SUBJECT PROPERTY as developed pursuant to this Agreement. Draft May 13.2003 22242448 Additionally, the CITY shall also assist DEVELOPER in providing adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY, subject, however, to the requirements of the YorkvilleBristol Sanitary District which has jurisdiction or authority over such capacity. C. If at the time DEVELOPER proposes to develop any portion or Phase of the SUBJECT PROPERTY, either the YorkvilleBristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the SUBJECT PROPERTY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant, it is agreed that the CITY shall not object to any plan proposed by DEVELOPER to handle the waste water treatment requirements of that portion or Phase of the SUBJECT PROPERTY being developed, which plan may include, without limitation, a land application system or common septic to handle the aforementioned waste water treatment requirements. No individual septic systems shall be permitted in the residential portion of the subdivision. D. The CITY represents and warrants to DEVELOPER that there is no administrative, judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party's right to use the sanitary sewer once the current on-going YorkvilleBristol Sanitary District plant expansion is completed. E. The CITY represents and warrants to DEVELOPER that DEVELOPER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, nor is being waived by the CITY; provided such financing does not result in any cost or expense to OWNER, other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. F. The CITY agrees that if requested by DEVELOPER, the CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism (including, without limitation, sales tax rebates or creation of a Special Service Area or other private funding mechanism for the purpose of financing all public improvements off-site to the TERRITORY or any part or parts or Phase or Phases thereof then owned by the requesting OWNER, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties), sanitary sewer facilities and other off-site public improvements. Such cooperation will include, without limitation, the enactment Draft May 13.2003 7 22242448 of ordinances to: (i) create a Special Tax Service Area, or (ii) to permit sales tax rebates, and (iii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by OWNER consistent with CITY policy as established by City Resolution #2002-04, which is attached hereto and incorporated herein by reference. The CITY also agrees to support and cooperate with the OWNER to obtain access to U.S. Route 47 and/or Galena Road, with applicable government agencies. G. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Subject Property. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense, procure sufficient temporary construction and permanent utility easements adjacent to the northerly right-of-way line for route 71 ("Offsite Water Easements") to enable the CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Subject Property. The CITY shall exercise good faith and due diligence to complete the development as provided by ordinance for all properties in the CITY, except as otherwise provided herein. H. Storm Water Facilities. 1. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of Final Engineering Plan for each Phase of Development, in the following manner: Draft May 13.2003 8 22242448 a. Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering Plan, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof; shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. 3. The CITY shall direct its' consultant, Engineering Enterprises, Inc. (EEI) to diligently pursue the required approvals for the Rob Roy Creek Flood Study through the requisite state and federal agencies. If said study has not been approved by state agencies in a reasonable and timely manner, then the parameters established in the EEI study shall govern the development of the SUBJECT PROPERTY. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Final Engineering Plan as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering Plan, located in the public right of way. 6. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety Draft May 13,2003 9 22242448 bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "G", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of ninety percent (90%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in .each Phase of Development; and acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the submission of the as built plans. Draft May 13.2003 10 22242448 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, stormwater management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development [for a period of ten (10) years from the date of this Agreement]. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said ten (10) year period. After said ten (10) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said ten (10) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Concept and Preliminary Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the City. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction. 9. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "H". Notwithstanding the provisions of Paragraph 8 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Subject Property [upon the expiration of the twelfth (12t1i) month following the effective date of such Agreement, deletion, or addition, whether during the ten (10) years next following the date of this Agreement], or any time thereafter, except as to those items expressly provided for in Section III of Exhibit "E" attached hereto. 10. FEES AND CHARGES. During the first ten (10) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. Draft May 13,2003 11 22242448 11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Subject Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide a combination contribution of land and cash-in-lieu of land to the CITY for school purposes ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Concept Plan, is 15.0 acres. OWNER or DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified as Parcel _ on the Concept Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of any School Contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time building permit for each residential unit. The location of the School Site shall be in Parcel _ as identified on the Concept Plan. The School Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. The DEVELOPER shall convey the School Site to the School District no later than the time when the final plat for the Unit containing the School Site is recorded with the Kendall County Recorders office. The DEVELOPER at this time anticipates that the conveyance would take place within 3 years of the recording of the final plat for the first unit of the subdivision. Prior to conveyance of the School Site, DEVELOPER shall, at its expense, grade, seed and prepare the School Site in accordance with the approved Final Engineering. The School Site is combined with the Park Site, as defined in Parcel _ of this Agreement, and shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$ . The fee will be paid at the rate of$ per unit on a per-building permit basis as building permits are issued. The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. The deposited funds will be escrowed and the School District will agree that when demand is necessary and the balance of the funds is available, the money in the escrow will be used by the School District toward the building of a school on the School Site on Parcel as identified on the Concept Plan. Draft May 13,2003 12 22242448 B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Concept Plan is 23.00?? acres. OWNER or DEVELOPER shall cause fee title in Parcel _, as identified on the Concept Plan ("Park Site") to be conveyed to the CITY, in partial satisfaction of the Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of execution of this agreement. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The following fee shall be paid to the CITY for each unit: Development fees. Public works $ Police $ Building $ Library $ _ Bristol/Kendall Fire $ Total $ Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Westbury Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, or subject to the requirements of any permitting authority other than the CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Highlands Property as identified in Exhibit "P', attached hereto. 14. MODEL HOMES/PRODUCTION UNITS. During the development and build- out period of the Subject Property (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain Draft illay 13.2003 13 22242448 model homes within the Subject Property staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, and for up to fifteen (15) production dwelling units, shall be issued by the CITY upon proper application therefor prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of the model homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the Subject Property during the development and build-out of the Subject Property, provided any such sales trailers shall be removed within two (2) weeks following issuance of the final occupancy permit for the Subject Property or upon the occupancy of model homes within the Subject Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 15. CONTRACTOR'S TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the last final occupancy permit for the Subject Property. 16. TEMPORARY SALES OFFICE TRAILER. The City agrees to allow the Owners/Developer or Builder to construct and use no more than four (4) temporary sales office trailers, subject to Owners/Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Lots on the Concept Plan prepared by The Lannert Group (as more specifically described on Exhibit 1 1 attached hereto). Said temporary sales office trailer shall be removed at such time as the model home/s or model unit/s being served by said temporary sales office trailer are available for model occupancy. Draft May 13,2003 14 22242448 17. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subject Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof with DEVELOPER providing for the payment of the cost of such oversizing by the owner(s) of properties benefitted by the same. The improvements which qualify as oversized and the identity of the benefitted properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 18. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 19. RECAPTURE AGREEMENTS. A. Benefitting the Subject Property. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002 ed.), at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "J" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefitted Property") not located within the Subject Property which connects to said improvements. The Benefitted Properties are identified on said Exhibit "J" attached hereto. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"K". B. Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 20. SPECIAL SERVICE AREA. A. [BACK-UP SSA-TO BE ADDED] B. Improvements Special Service Area. CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in Draft May 13,2003 15 22242448 establishing a special service area ("SSA") for the Subject Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as Exhibit «N„ 21. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Subject Property, DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plat and in this Agreement, the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. 22. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, DEVELOPER shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plans. In the event an offsite easement is required which was not contemplated in the Preliminary Plans due to a change in circumstances, and in the event DEVELOPER is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, provided DEVELOPER shall pay the reasonable costs incurred by the CITY as a result thereof DEVELOPER shall deposit the amount of such costs reasonably estimated by the CITY into a segregated, interest-bearing escrow account prior to the commencement of such eminent domain proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to DEVELOPER, 23. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY, unless the CITY shall be in material breach of this Agreement. 24. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 25. ANNEXATION FEE. The CITY hereby confirms and agrees that no annexation fee shall become due or payable as a result of the development and build-out of the Subject Draft May 13,2003 16 22242448 Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 26. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Draft May 13,2003 17 22242448 (i) If to OWNER and/or DEVELOPER: Ocean Atlantic 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703) 299-6060 Fax: (703)299-6199 with a copy to: Gardner Carton& Douglas 191 N. Wacker Drive Suite 3700 Chicago, IL 60606 Attn: Sanford M. Stein Phone: (312) 569-3000 Fax: (312) 569-3229 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 Phone: ( )_- Fax: (630) 553-8330 with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL Phone: ( ) Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes(1998 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Highlands Property. Draft May 13,2003 18 22242448 F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Subject Property not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY- imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water Draft May 13,2003 19 22242448 main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. O. Highways and . DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to entrances into the development from State Highways and P. Time Is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Q. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. Draft.May 13,2003 20 22242448 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: CITY: OCEAN ATLANTIC CHICAGO, LLC, UNITED CITY OF YORKVILLE, an A Delaware Limited Liability Company By: Ocean Atlantic Service Corp., Manager By: By: John C. Carroll Mayor Title: President Attest: Dated: Dated: OWNER ESTATE OF RICHARD &HENRIETTA UNDESSER By: Title: Member Dated: Draft May 13,2003 21 22242448 LIST OF EXHIBITS EXHIBIT "A": Legal Description of Highlands Property EXHIBIT"B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT"C": Preliminary Plat of Subdivision EXHIBIT"C-1": Preliminary Landscape Plan EXHIBIT "D": Preliminary Engineering EXHIBIT "E": Permitted Variations and Design Standards EXHIBIT "F': Form Letter of Credit EXHIBIT"G": Current CITY Building Codes EXHIBIT "H": Project Signage EXHIBIT "I": Recapture Improvements EXHIBIT"J": Recapture Agreement EXHIBIT "K": Yorkville Community Unit District 115 Letter EXHIBIT"L": Right to Farm Disclosure Statement for Final Plats EXHIBIT"M": Special Tax Bond Policy CH02/22242448.1 Draft May 13,2003 22 22242448 • APPROVED BY THE YORKv111E COMMITTEE/BOARD Wls ON.• '7-\Z -c.)z PPr�\c_ Zor}at1) PnRKs a RecREAnooN Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep@aol.com Administration Office: 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 fax NAMING OF PARKS POLICY The purpose of the "Naming of Parks Policy" is to provide consistent direction for naming park • property and improvements within the United City of Yorkville. Any citizen, group, city official, or staff may request or recommend a name for a park, building, structure or thoroughfare within designated park property. The proposed name is to be submitted in writing on an application form to the Executive Director of Park and Recreation or Park Board Chairperson. All applications will be consider at their next regularly schedule meeting of the Park Board. Upon Park Board approval and recommendation, subject proposal will than be presented to the City Council for acceptance. If accepted by the City Council, a dedication will take place within 90 days of approval. The following criteria will be used when considering the selection of park related names: 1) Any person living or deceased, who has made a significant contribution in support of the United City of Yorkville, the Park and Recreation Department operation, the state or national park system, conservation of natural resources or in the recreation profession. 2) Any organization that contributed significantly toward improving the quality of life for the residents of the United City of Yorkville, state or national park, conservation of natural resources or the recreation profession. 3) The proposed name for any park building, structure or thoroughfare within a park must be authorized by a sworn statement from the person whose name is being proposed, or if the person is deceased, the person's immediate surviving family members. Organizations wishing to present a proposed name for any park building, structure or thoroughfare must submit a sworn statement signed by the current President and Secretary of said organization. 4) No park or recreation facility or property can be named after any public official currently holding office or person currently employed by the United City of Yorkville. 5) Names that would duplicate the name of another park, building or structure, or thoroughfare within the United City of Yorkville will not be considered. Also, names that advocate or endorse religion, religious beliefs, posses obscene connotations, or demean or attempt to intimidate any individual or group based on race, ethnicity, age, gender, disability, or sexual orientation within the United City of Yorkville will not be considered. 6) The Park Board and staff will review and discuss the naming of park submittals during their regular monthly meeting. Upon their consideration, the Park Board will seek a majority vote in favor of naming a park, facility, structure, or thoroughfare. A recommendation, on behalf of the Park Board, will then be taken to the City Council for final approval. The Park Board may direct/suggest staff to conduct public contests for the naming of parks, buildings, structures, or thoroughfares within City park property. Exceptions to this policy may be considered upon recommendations by the Park Board with approval of the City Council. YORKvll1E PARKS& RECREATION Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: vorkrecdeogaol.com Administration Office: 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 fax PARK NAMING APPLICATION Person completing application On behalf of(person or organization) Address of person completing application Phone Number: Home Work / Email: Suggested Name Park, location, facility to be considered for naming: Please explain why this name should be considered (please use back of application or attach additional sheets if necessary). If naming after a person please verify that the person or his immediate surviving family have been contacted: Person Contacted Phone Number Date contacted: By whom: OFFICIAL USE Date Received: By whom: Request Verified by Staff Schedule for Park Board Review: Date: Action City Council Date: Action: Dedication Name on Signage Location of Park, Facility, Building, thoroughfare: APPENDIX Current Parks to be considered for naming/renaming: Parks/ Locations considered for naming/renaming Fox Hill (2 park sites) Prairie Park Van Emmon Park West Hydraulic greenway * Parks will be named after park development is completed * County Hill * Rivers Edge (three park locations) * Highlands Development(trails and Park) * Wyndett Ridge Development(two parks) * Menards Residential * Heartland Circle * Sunflower * Kylyns Crossing ** Parks will be named after park development and annexation is completed ** MPI (nine parks, regional park, and trails) ** Kimball Hill Homes Park ** Westbury In addition, these parks are named and comply with the proposed policy. Current Parks with names dedicated by residents/or city officials Price Park Purcell Park Emily Sleezer Park Beecher Park and Center Cobb Park Current Parks with location names Riverfront Bicentennial Park Town Square BUILDING PERMIT REPORT United City of Yorkville March 2003 ................................................................. Types e s of Permits is Number of Permits Issued SFD 2-Family Multiple-Family Commer Commercial Industrial Miscellaneous Total Construction st uctio n Cost March 2003 46 22 1 0 3 0 20 $5,358,938.00 Calendar Year 2003 118 64 1 0 4 0 47 $15,215,408.00 Fiscal Year 2002 12 683 255 5 2 33 1 387 $54,950,497.00 March 2002 67 34 0 0 5 0 28 $6,221,362.00 Calendar Year 2002 2 144 69 2 0 15 0 58 $14,567,010.00 Fiscal Year 2001'4 5 503 202 9 3 32 2 253 $57,647,929.00 March 2001 27 13 0 0 1 0 13 $2,762,463.00 Calendar Year 2001 63 27 1 1 1 0 33 $6,328,131.00 Fiscal Year 2000 6 7 289 127 3 1 6 0 167 $30,262,161.00 March 2000 31 12 0 0 1 0 18 $1,785,720.00 Calendar Year 2000 55 20 0 0 1 0 34 $2,845,808.00 Fiscal Year 1999 8 218 79 4 1 9 0 148 $18,028,519.00 March 1999 22 10 0 0 0 0 12 $1,431,717.00 Calendar Year 1999 42 19 1 0 0 0 22 $4,521,562.00 Fiscal Year 1998 187 34 2 0 3 1 135 $18,942,269.00 I The SFD permit issued in August as Y-2002-579 was voided and reissued as Y-2002-691 in October. To maintain a correct count,it shall remain on the August 2002 count 2 Permit Numbers Y-2002-034, Y-2002-467,and Y-2002-579 were voided,thus only 806 01 809 assigned permit numbers were actually issued. J Permit Number 01490 was voided,thus only 583 of 585 assigned permit numbers were actually used Also,Permit Number 01478 was for 4 Attached SFDs(Townhomes);reissued as Permits 01478A,B,C,and D. Also,Permit Number 01480 was for 6 Attached SFDs;reissued as Permits 01480A,B,C,D,E,and F. Permit Number 01385 was for 6 Attached SFDs;reissued as Permits 01385A,B,C,D,E,and F. ' Permit Number 01259 was for 4 Attached SFDs;reissued as Permits 01259A,B,C,and D. 6 Permits Number 00122,00189 and 00262 were each for 6 Attached SFDs. 7 Permit Number 00101 was voided,thus only 233 of 234 assigned permit numbers were actually issued. 8 Permit Number 99080 was for 5 Attached SFDs. BUILDING PERMIT REPORT United City of Yorkville April 2003 Types es of Permits Number u ber of Permits Issued SFD 2-Family Multiple-Family le- FamelYCommercial IndustrialMiscellaneous Total Construction Cost April 2003 97 30 2 0 4 1 60 $8,562,993.00 Calendar Year 2003 215 96 3 0 8 1 107 $23,778,401.00 Fiscal Year 2002 h 2 780 285 7 2 37 2 447 $63,513,490.00 April 2002 97 26 0 2 1 0 68 $7,221,219.00 Calendar Year 2002 2 241 95 2 2 16 0 126 $21,788,229.00 Fiscal Year 20013 4 s 600 228 9 5 33 2 321 $64,869,148.00 April 2001 50 17 0 0 2 0 31 $3,469,289.00 Calendar Year 2001 113 44 1 1 3 0 64 $9,797,420.00 Fiscal Year 2000 6 7 339* 144* 3 1 8 0 198 $40,059,581.00 April 2000 37 10 0 0 0 0 27 $1,791,270.50 Calendar Year 2000 92 30 0 0 1 0 61 $4,637,078.50 Fiscal Year 1999 8 255 89* 4 1 9 0 175 $19,819,789.50 April 1999 36 ( 7 0 0 1 0 28 $1,092,114.00 Calendar Year 1999 78 26 1 0 1 0 50 $5,613,676.00 Fiscal Year 1998 223 41 2 0 4 1 163 $20,034,383.00 I The SFD permit issued in August as Y-2002-579 was voided and reissued as Y-2002-691 in October. To maintain a correct count,it shall remain on the August 2002 count 2 Permit Numbers Y-2002-034, Y-2002-467,and Y-2002-579 were voided,thus only 806 of 809 assigned permit numbers were actually issued. 3 Permit Number 01490 was voided,thus only 583 of 585 assigned permit numbers were actually used. Also,Permit Number 01478 was for 4 Attached SFDs(Townhomes);reissued as Permits 01478A,B,C,and D. Also,Permit Number 01480 was for 6 Attached SFDs;reissued as Permits 01480A,B,C,D,E,and F. ' Permit Number 01385 was for 6 Attached SFDs;reissued as Permits 01385A,B,C,D,E,and F. Permit Number 01259 was for 4 Attached SFDs;reissued as Permits 01259A,B,C,and D. 6 Permits Number 00122,00189 and 00262 were each for 6 Attached SFDs. 7 Permit Number 00101 was voided,thus only 233 of 234 assigned permit numbers were actually issued. 8 Permit Number 99080 was for 5 Attached SFDs. 05/20/2003 1 1.41 FAX 630 553 5764 DANIEL J. KRAMER 1004/005 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO: 2003- RESOLUTION AUTHORIZING TREASURE WILLIAM POWELL TO SIGN CHECKS ON BEHALF OF THE UNITED CITY OF YORKVILLE WHEREAS, the City Council of the UNITED CITY OF YORKVILLE has set forth the parties authorized to sign checks on behalf of the UNITED CITY OF YORKVILLE by resolution; and WHEREAS,the City Council permits the City Treasurer to sign checks on behalf of the City; and WHEREAS, a previous resolution permitted Treasurer Robert Allen to sign checks on behalf of the City; and WHEREAS, Treasurer William Powell has been duly elected and sworn in as the City Treasurer as a result of the April 2003 election; and WHEREAS, the City Council has deemed it necessary and in the City's best interest to add Treasurer William Powell to the list of persons authorized to sign checks on behalf of the City; NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE 1 05/20/2003 11 41 FAX 630 553 5764 DANIEL J KRAMER V005/005 that Treasurer William Powell is added to the list of persons duly authorized to sign checks on behalf of the UNITED CITY OF YORKVILLE and Robert Allen is removed from said list. WANDA OHARE JOSEPH BESCO VALERIE KURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville, Kendall County,Illinois, this day of ,A.D. 20_ MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this day of , A.D. 20_, Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S, Bridge Street Yorkville,Illinois 60560 630.553.9500 2 05/20/2003 1 1.41 FAX 630 553 5764 DANIEL J. KRAMER 1002/005 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO: 2003- RESOLUTION AUTHORIZING ALDERMAN WANDA OHARE TO SIGN CHECKS ON BEHALF OF THE UNITED CITY OF YORKVILLE WHEREAS,the City Council of the UNITED CITY OF YORKVILLE has set forth the parties authorized to sign checks on behalf of the UNITED CITY OF YORKVILLE by resolution; and WHEREAS, the City Council permits all Alderman to sign checks on behalf of the City; and WHEREAS, a previous resolution permitted Alderman Michael Anderson to sign checks on behalf of the City; and WHEREAS, Alderman Wanda Ohare has been duly elected and sworn in as an Alderman as a result of the April 2003 election; and WHEREAS, the City Council has deemed it necessary and in the City's best interest to add Alderman Wanda Ohare to the list of persons authorized to sign checks on behalf of the City; 1 05/20/2003 11 : 41 FAX 630 553 5764 DANIEL J. KRAMER 1003/005 NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE that Alderman Wanda Ohare is added to the list of persons duly authorized to sign checks on behalf of the UNITED CITY OF YORKVILLE and Michael Anderson is removed from said list. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20_ MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D, 20 . Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 2 05/20/2003 11 .41 FAX 630 553 5764 DANIEL J. KRAMER a001/005 LAW OFFICES OF Daniel J. Kramer DANIEL J. KRAMER 1107A SOUTH BRIDGE STREET ,TILL K. KONEN YORKVILLE, ILLINOIS 60560 KELLY A. KRAMER (630) 553-9500 Fax; (630) 553-5764 FAX COVER SHEET DATE: May 20,2003 TO: Liz RE: Resolution for signing checks for Wanda Ohare&William Powell NO: 553.7575 FROM: Daniel J, Kramer NUMBER OF PAGES(INCLUDING THIS PAGE): 5 ❑ For your information ❑ Please sign and return ❑ For your review 0 Please keep in a safe place ❑ Please call me after review ❑ Please pay invoice directly ❑ Per our discussion 0 Please file ❑ For your file 0 Please record ❑ Per your request COMMENTS: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBf TD. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THIS ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 553-9500 FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630) 553-5764 (JD .� United City of Yorkville C800ountyGame Seat of -Farm KendallRoad County EST. ` 1836 Yorkville, Illinois 60560 . J „:: o Phone:630-553-4350 f $' Fax:630-553-7575 /„. LE Fax r Date: rJ / ((7 �( �,� Pages: (Including cover sheet) � Ta( YA �� L � ��• f\_ Fax#: • Company Name: • From: l t, :: ' ( .' �',i i r ..L iL 1 1 ❑ Urgent 0 For Review 0 Please Comment 0 Please Reply • Comments: lLCC ham_ C ;: - / l;1 -)l-dV �� t� �' � ( . t �" R _1 t trV ) '. r 4 �L L L 6 t If you do not receive this transmission in its entirety, or have any problems with the receipt of this transmission, contact the sender immediately. If you have received this facsimile in error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the sender's prior written consent. HP LaserJet 3330 City of Yorkville invent 630-553-7575 May-19-2003 8:10AM Fax Call Report Job Date Time Type Identification Duration Pages Result 679 5/19/2003 8:08:30AM Send 5535764 1:24 3 OK \�rFO C/r` United City of Yorkville c rirys•Yor nez cow,. ..x�`�x`11.0. 600 G.m•Farm Rao N Vorlrve•.INlnol.60660�- >.;::., a Phwu:670-SS7-q70 Fa:630.5517575 '74 LE Fax 0.t.: -11q(o /(-�, n.-`�Pug.. 3 (Irclutlinp over sheet)T. J Q_ k '�.,- /f Fax N. Company Nuns U Pram ,y a. 0,1(01-4-- / C,a, u%l.z.� -F •ur ea U U V ❑Urgent ❑For Review C Please Comment 0 Please Reply • •Cee.. (tl) `1 LLL —41D CV cr aa;41.8--6,0 d v�R AZ-4P (l9 MFM , Li�J c r;. 61.4.A1094-aavV ' alb-1/U 3,(1) e'F -:o-t Q v--d2 If you do not receive this transmission in its entirety,,have any problems with the receipt of this transmission,contact the sender immediately. If you have received this facsimile in error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the senders prior written consent. STATE OF'ILLINOIS . ) ) ss COUNTY OF KENDALL ) RESOLUTION NO: 2001- 19 RESOLUTION AUTHORIZING ALDERMAN MARTY MUNNS TO SIGN CHECKS ON BEHALF OF THE UNITED CITY OF YORKVILLE WHEREAS, the City Council of the UNITED CITY OF YORKVILLE has set forth the parties authorized to sign checks on behalf of the UNITED CITY OF YORKVILLE by resolution; and WHEREAS, the City Council permits all Alderman to sign checks on behalf of the City; and WHEREAS, the previous resolution permitted Alderman David Dockstader to sign checks on behalf of the City; and WHEREAS, Alderman David Dockstader has resigned from the City Council and Alderman Marty Munns has been duly appointed and sworn in as his replacement; and WHEREAS, the City Council has deemed it necessary and in the City's best interest to add Alderman Marty Munns to the list of persons authorized to sign checks on behalf of the City, subject to all of the terms and conditions of the previous Resolutions Authorizing Check Signatories; 1 NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE that Alderman Marty Munns is added to the list of persons duly authorized to sign checks on behalf of the UNITED CITY OF YORKVILLE and David Dockstade is removed from said list. PASSED AND APPRO.,. THIS i DAY OF a , 2001. PAUL JAMES I MARTY MUNNS RICHARD STICKA A MIKE ANDERSON V VALERIE BURD ier ROSE SPEARS i "V LARRY KOT / THOMAS SOWINSKI Ir APPROVED by me, ARTHUR F. PROCHASKA, JR., as Mayor of the United City of Yorkville, Kendall County, Illinois, this \&%ay of April, A.D. 2001. 41.11 MAYOR, ARTHUR F. PROCHASKA, '( ___tk PASSED by the City Council of the United City of Yorkville, Kendall County, I.11inois this I Day of April, A.D. 2001. Attest: %), )-Otco..k "krIv `th''o CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 2 NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE • that Alderman Marty Munns is added to the list of persons duly authorized to sign checks on • behalf of the UNITED CITY OF YORKVILLE and David Dockstade is removed from said list. PASSED AND APPRO I THIS a DAY OF 2001. PAUL JAMES / MARTY MUNNS RICHARD STICKA / MIKE ANDERSON %I VALERIE BURD . ROSE SPEARS LARRY KOT / THOMAS SOWINSKI p APPROVED by me, ARTHUR F. PROCHASKA, JR., as Mayor of the United City of Atay Yorkville, Kendall County, Illinois, this \ of April, A.D. 2001. 4101.1.111.1r"/ ierti ' MAYOR, ARTHUR F. PROCHASKA, . _t_k PASSED by the City Council of the United City of Yorkville, Kendall County, I.11inois this I " Day of April, A.D. 2001. Attest: �jI2 &<4 -h - )1141"71-6'14 CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 2 05/20/2003 11 44 FAX 630 553 5764 DANIEL J. KRAMER U1002/005 • • STATE OF ILLINOIS COUNTY OF KENDALL License Agreement Agreement made, effective as of ,by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation, County of Kendall, State of Illinois, hereinafter referred to as CITY, and Mr. and Mrs. Timothy Wolf, Husband and Wife,of the United City of Yorkville, County of Kendall, State of Illinois, hereinafter referred to as LICENSEE. The Parties recite and declare: A. LICENSOR is vested with fee simple title to a tract of real property situated in the United City of Yorkville, County of Kendall, State of Illinois described as follows: B. LICENSEE owns personal property,that being tress placed within the park area part of which encroaches onto the area of the above described property owned by LICENSOR. In consideration of the mutual promises contained in this agreement,the parties agree as follows: SECTION ONE GRANT OF LICENSE; DESCRIPTION OF PREMISES LICENSOR hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions of this agreement,the following described property: SECTION TWO LIMITATION TO DESCRIBED PURPOSE The property described in Section One on which the LICENSEE'S playground structure is situated may be occupied and used by LICENSEE solely for the purpose of allowing the playground to remain during the period beginning the date of this Agreement, and continuing for Page 1 of 4 05/20/2003 11 :44 FAX 630 553 5764 DANIEL J. KRAMER 12)003/005 e CITY a maximum of three years from the date of execution of this License, or such time as notifies LICENSEE of the desire to terminate said License, said LICENSEE sells or otherwise transfers ownership of their property, or said playground structure is removed, destroyed, or so altered that its current encroachment is no longer necessary. The property described in Section One on which the LICENSEE'S trees are situated may be occupied and used by LICENSEE solely for the purpose of allowing the trees and to remain during the period beginning the date of this Agreement, and continuing for a maximum of one year from the date of execution of this License, or such time as the CITY notifies LICENSEE of the desire to terminate said License, said LICENSEE sells or otherwise transfers ownership of their property, or said playground structure is removed, destroyed,or so altered that its current encroachment is no longer necessary. SECTION THREE TERMINATION Should the CITY desire to terminate said License, the CITY shall notify the LICENSEE in writing and allow LICENSEE thirty(30)day to remove said trees. If the above described trees or any essential part of any tree is destroyed,removed, or damaged to an extent requiring rebuilding and/or demolition, this agreement shall immediately terminate; and in such event LICENSEE shall immediately remove all materials of said trees and/or tree from the property described in Recital A above. SECTION FOUR INDEMNIFICATION AND HOLDHARMLESS In exchange for said grant of license, LICENSEE, does hereby agree to indemnify and hold harmless CITY, from and against any all liability or loss that the CITY may sustain as a result of claims, demands, costs, or judgments arising from LICENSEE'S the planting of the trees on the property of CITY SECTION FIVE LICENSE BINDING This license will not bind and inure to the benefit of the successors, assigns, heirs, executors, administrators, and legal representatives of the parties. SECTION SIX GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois. Page 2 of4 05/20/2003 11 :44 FAX 630 553 5764 DANIEL J. KRAMER 0004/005 SECTION SEVEN ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION EIGHT MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION NINE NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified mail if sent to each party or a representative of a party. SECTION TEN ATTORNEY FEES In the event that any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees. SECTION ELEVEN NO INTEREST CLAIMED BY LICENSEES LICENSEE expressly agrees that they do not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described property of LICENSOR,by virtue of the rights granted under this license agreement or their occupancy or use of the garage whether under this agreement, or under any other claim. LICENSOR Page 3 of 4 05/20/2003 11 :44 FAX 630 553 5764 DANIEL J. KRAMER 1005/005 THE UNITED CITY OF YORKVILLE LICENSEES STATE OF ILLINOIS ) ss COUNTY of ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY THAT personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered this instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and notarial seal this Day of ,2003 Notary Public Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL 60560 (630) 553-9500 Page 4 of 4 05/20/2003 11 44 FAX 630 553 5764 DANIEL J KRAMER Z001/005 LAW OFFICES OF Daniel J. Kramer DANIEL J. KRAMER 1107A SOUTH BRIDGE STREET JILL K. KONEN YORKVILLE, ILLINOIS 60560 (630) 553-9500 KELLY A. KRAMER Fax: (630) 553-5764 FAX COVER SHEET DATE: May 20,2003 TO: Liz RE: License Agreement NO: 553.7575 FROM: Kelly A. Kramer NUMBER OF PAGES (INCLUDING THIS PAGE): 5 ❑ For your information ❑ Please sign and return ❑ For your review 0 Please keep in a safe place ❑ Please call me after review o Please pay invoice directly ❑ Per our discussion 0 Please file ❑ For your file ❑ Please record ❑ Per your request COMMENTS: This does not need to be distributed since I need to get the legals from Joe or Laura. THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THIS ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 5539500 FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630) 553-5764 1 I