Committee of the Whole Packet 2003 06-17-03 A
4.
,cED C/r`
0 United City of Yorkville
EST. '�- lam_ 1836 County Seat of Kendall County
800 Game Farm Road
rr ��� co YorkvilleIllinois 60560
0 11 ,,,\ 0 Phone: ,
630-553-4350
9,4 « v�� Fax:630-553-7575
AGENDA
COMMITTEE OF THE WHOLE
Tuesday, June 17, 2003
7:00 PM
Conference Room
Revised: 6/16/03 #2
Public Hearing: None
Presentations: 1. Parks Master Plan
Note: "CA" denotes a recommendation by the respective Committee for that item to
go on the Consent Agenda of the City Council Agenda.
• Public Works Committee:
1. Mill Street Public Sidewalk Repairs *PW 5/19/03, COW 6/3/03
2. Savitski Property - Letter of Credit
Economic Development Committee:
1. PC 2002-27 Fisher Property - Annexation and Zoning *EDC 5/15/03, COW 5/20/03
2. Public Infrastructure Agreement for United City of Yorkville SSA 2003-100 (The
Highlands) *EDC 5/15/03
3. Ordinance Adopting the International Residential Code for One and Two Family
Dwellings *Scriveners error
4. PC 2002-16 Menard's Residential Annexation Agreement *EDC 12/19/02, CC
5/27/03
5. Fifth Third Bank Development Agreement
• Public Safety Committee:
1. Purchase of Replacement Vehicles with Loan Package * PS 5/22/03, COW 6/3/03
Page 2
IIP Committee of the Whole
June 17, 2003
Administration Committee:
1. Employee Manual *Admin 3/13/03, COW 6/3/03
2. Debt Certificate - 4.8 Million - Water Improvements *Admin 6/12/03
3. Ordinance Declaring Compliance with Prevailing Wage Act *Admin 6/12/03 (CA)
4. Senior Citizen Refuse Rate Proposal *Admin 6/12/03 (CA)
5. Utility Audit Proposal *Admin 6/12/03
6. SSA for South Raintree Village (The Highlands)
7. Request to Appoint a temporary position: Full time General Office Staff-
Receptionist
Park Board:
1. Park & Recreation Service Report for 02/03 *Park Board 6/9/03
2. Oslad Grant Resolution *Park Board 6/9/03
3. Truck Bid Opening *COW 4/3/03
Additional Business:
Executive Session:
1. For the collective negotiation matters between public employers and their employees
or representatives.
United City of Yorkville
County Seat of Kendall County
EST: 1838 800 Game Farm Road
�L
-4
U) Yorkville,Illinois 60560
O II fJ O Phone:630-553-4350
Fax:630-553-7575
4CE `‘'
AGENDA
COMMITTEE OF THE WHOLE
Tuesday, June 17, 2003
7:00 PM
Conference Room
Public Hearing: None
Presentations: None
Note: "CA " denotes a recommendation by the respective Committee for that item to
go on the Consent Agenda of the City Council Agenda.
Public Works Committee:
1. Mill Street Public Sidewalk Repairs *PW 5/19/03, COW 6/3/03
Economic Development Committee:
1. PC 2002-27 Fisher Property - Annexation and Zoning *EDC 5/15/03, COW 5/20/03
2. Public Infrastructure Agreement for United City of Yorkville SSA 2003-100 (The
Highlands) *EDC 5/15/03
3. Ordinance Adopting the International Residential Code for One and Two Family
Dwellings *Scriveners error
4. PC 2002-16 Menard's Residential Annexation Agreement *EDC 12/19/02, CC
5/27/03
Public Safety Committee:
1. Purchase of Replacement Vehicles with Loan Package * PS 5/22/03, COW 6/3/03
1
WPage 2
Committee of the Whole
June 17, 2003
Administration Committee:
1. Employee Manual *Admin 3/13/03, COW 6/3/03
2. Debt Certificate - 4.8 Million - Water Improvements *Admin 6/12/03
3. Ordinance Declaring Compliance with Prevailing Wage Act *Admin 6/12/03 (CA)
4. Senior Citizen Refuse Rate Proposal *Admin 6/12/03 (CA)
5. Utility Audit Proposal *Admin 6/12/03
6. SSA for South Raintree Village (The Highlands)
Park Board:
1. Park & Recreation Service Report for 02/03 *Park Board 6/9/03
• 2. Parks Master Plan *Park Board 6/9/03
3. Oslad Grant Resolution *Park Board 6/9/03
4. Truck Bid Opening *COW 4/3/03
Additional Business:
Executive Session:
1. For the collective negotiation matters between public employers and their employees
or representatives.
•
UNITED CITY OF YORKVILLE
AGENDA
•
COMMITTEE OF THE WHOLE
Tuesday, June 17, 2003
7:00 PM
CITY CONFERENCE ROOM
STATUS:
1. Presentation: Parks Master Plan
PUBLIC WORKS COMMITTEE:
IJP/ 1. Mill Street Public Sidewalk Repairs
��— 2. Savitski Property -Letter of Credit
ECONOMIC DEVELOPMENT COMMITTEE:
1 .,I • 1. PC 2002-27 Fisher Property- Annexation and Zoning
• Z 2. Public Infrastructure Agreement for United City of Yorkville SSA 2003-100
•
• C-. 3. Ordinance Adopting the International Residential Code for One and Two
Family Dwellings
l,/te- 4. PC 2002-16 enard' Residential Annexation Agreement
V5. Fifth Third Bank Development Agreement
PUBLIC SAFETY COMMITTEE:
'io :
d--- c �" 1. Purchase of Replacement Vehicles with Loan Package
Z
ADMINISTRATION COMMIF1'EE:
CJr �� 1. Employee Manual
C C i Aii 2. Debt Certificate- 4.8 Million - Water Improvements
•
l
C 3. Ordinance Declaring Compliance with Prevailing Wage Act
•
c.c, '` 4. Senior Citizen Refuse Rate Proposal
C Ci5. Utility Audit Proposal
Ci C-- ,.i' 1 11 6. SSA for South Raintree Village (The Highlands)
0 _J:......______ 7. Request to Appoint a temporary position: Full time General Office Staff-
Receptionist
/
PARK BOARD:
6Vj< 1611tA*'‘. .."
1. Park&Recreation Service Report for 02/
�4 Cil 2. Oslad Grant Resolution
•
f
3. Truck Bid Opening
1 •
Edditional Busing
Executive Session: Collective Negotiat_2ion
•
PCS} - -
UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrat r -
From: Joe Wywrot, City Engineer b
Subject: Savitski Property—Letter of redit
Date: June 16, 2003
Mark Savitski is developing a piece of property at the NE corner of Route 34 and Eldamain
Road. The approved site plan calls for storm sewer, a detention basin, and landscaping.
There was also a proposed sidewalk agreement (attached) that would delay the installation
of public sidewalk.
Most of the landscaping is complete, but the basin and storm sewer work have not begun. I
also believe that the terms of the sidewalk agreement are not what were tentatively agreed to
in a meeting with Mr. Savitski. There were two additional conditions that would require
construction of the sidewalk, those being:
• Sale of the property.
• When the city requests installation.
A letter of credit was established to guarantee the storm sewer, basin, and landscaping, but it
is due to expire on June 30t. I have spoken with Tom Grant about extending the letter of
credit, but have not heard back from him yet. In order to protect the city's interest, I
recommend that city council authorize calling the letter of credit if it is not extended to a
mutually agreeable date. Please place this item on the Committee of the Whole agenda of
June 17, 2003 for consideration.
Cc: Dan Kramer, City Attorney
INSTRUMENT PREPARED BY
& RETURN TO:
Thomas W. Grant
Attorney at Law
PO Box 326
Yorkville, IL 60560
COVENANT RE: INSTALLATION OF SIDEWALKS
WHEREAS, the undersigned, MARK D. SAVITSKI and LEANN SAVITSKI,
husband and wife, are the owners of the real estate described on Exhibit "A", attached
hereto and made a part hereof, upon which there is now situated a commercial building;
and
WHEREAS, said real estate is situated at the Northeast corner of the intersection
of Eldamain Road and US Route 34, in the United City of Yorkville,-Kendall County,
Illinois; and
WHEREAS, the City of Yorkville has heretofore issued a building permit for the
construction of commercial building on said real estate and, incidental thereto, is
requiring the installation of sidewalks along the perimeter of the real estate adjacent to
Eldamain Road and adjacent to US Route 34; and
WHEREAS, at the present time, there is no development adjacent, either to the
North or to the East of the subject premises, and the undersigned, as owners, have
requested of the City of Yorkville that they be permitted to delay or defer the installation
of sidewalks until development occurs adjacent to their real estate; and
WHEREAS, the City of Yorkville has agreed to defer the installation of the
sidewalks in further accordance with the provisions of this Covenant.
NOW, THEREFORE, the undersigned, MARK D. SAVITSKI and LEANN
SAVITSKI, do herewith covenant and agree with the City of Yorkville that, in
consideration of the City issuing the Occupancy Permit for the commercial building
constructed on the real estate described on Exhibit "A", that the undersigned, or their
successors or assigns, shall, at such time as sidewalks are installed up to their property
line, on adjacent properties either to the North or to the East, cause sidewalks to be
installed along the perimeter of their real estate, in accordance with the Ordinances and
guidelines of the City of Yorkville, then in effect, regulating the installation of sidewalks.
This Covenant shall run with the land and shall be binding upon and shall be
obligatory upon the undersigned Owners, and their successors and assigns.
IN WITNESS WHEREOF, the undersigned have executed this Covenant this
day of , 2002.
frOl'ea
Mark D. Savitski
Leann Savitski
APPROVED and ACCEPTED
by the City of Yorkville
BY:
Printed Name:
G:\Shared\Savitski.Covenant.1119.doc
EXHIBIT "A"
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT
ON THE WEST LINE OF SAID SOUTHWEST QUARTER AT THE INTERSECTION OF THE NORTH
RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF SAID
SECTION, 600 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST PARALLEL
WITH SAID NORTH LINE OF ROUTE NO. 34, 148.00 FEET; THENCE SOUTH 00 DEGREES 10
MINUTES 28 SECONDS WEST PARALLEL WITH SAID WEST LINE, 600 FEET TO SAID NORTH
LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE,
148.00 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS, EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 19-
37-07 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 369.24
FEET ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 27
SECONDS EAST ALONG SAID WEST LINE 600 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES
32 SECONDS EAST 50.21 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST
537.74 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 39 SECONDS EAST 81.47 FEET;
THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST 35.53 FEET; THENCE SOUTH 00
DEGREES 10 MINUTES 27 SECONDS WEST 15.06 FEET TO THE EXISTING NORTH RIGHT OF
WAY LINE OF U. S. ROUTE 34; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST
148.00 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS.
Common Address : Northeast corner of Route 34 and Eldamain Roads
Yorkville, Illinois
P. I .N. : 02-19-300-009
YORKVILLE NATIONAL BANK
102 EAST VAN EMMON STREF'j rrC.
YORKVILLE, IL 60560
CITY OF YORKVILLE IRREVOCABLE
LETTER OF
CREDIT
NO: 15298
ADDRESS
800 GAME FARM ROAD
YORKVILLE, IL 60560
TELEPHONE NO IDENTIFICATION NO
630/553-4350
IIORROWER EXPIRATION DATE
-Mark D Savitski
Leann Savitski This Letter of Credit shall expire upon the earlier of:
1 J.une the close30of2003 business on
,
2108 Rock Creek Rd and all drafts and accompanying statements or documents must be
Plano IL 60545-9574 Presented to Lender on or before that time; or
TELEPIIQNI;NO I.I? NTIFICATION NQ. 2. the day that Lender honors a draw under which the full amount of
(630) 552-4479 S002718 this Letter of Credit is drawn.
Lender identified above hereby establishes an Irrevocable Letter of Credit in favor of Beneficiary for a sum not exceeding the
aggregate amount of $ Eighteen thousand one hundred thirty five & no/100 Dollars
($ 18 135.00 ). These funds shall be made available to Beneficiary against Lender's receipt from
Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide
Beneficiary with written notice of in the future) and accompanied by the signed written statements or documents indicated below.
WARNING TO BENEFICIARY: PLEASE'EXAMINE TIIIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO
MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT TIIE PARTY IN WHOSE
FAVOR THIS LETTER OF CREDIT IS BEING ISSUED TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED.
OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY
STRICTLY WITH ITS TERMS AS WRITTEN.
1. DRAFT TERMS AND CONDITIONS
Lender shall honor the drafts submitted by Beneficiary under the followin terms and conditions:
t
Documentation to supporborrowers defau t or completion of:
Storm Sewer ($2, 610) ; Site Excavation & Grading ($4, 830) ;
Silt Fence ($945) ; Landscaping ($9, 750) .
• Upon Lender's honor of such drafts and payment to the Beneficiary, Lender, once the full amount of credit available under
this Letter of Credit has been drawn, shall be fully discharged of its obligations under this Letter of Credit and shall not thereafter
be obligated to make any further payments under this Letter of Credit in respect of such demand for payments to Beneficiary or any
other person. If a non-conforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time mentioned
in Section 5 below.
Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any
draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but
which is signed, issued, or presented by any party or under the name of any party purporting to act for Beneficiary, purporting to
claim through Beneficiary, or posing as Beneficiary. By paying to Beneficiary an amount demanded in accordance with this Letter
of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to
Beneficiary or any other person for or in respect to any amount so paid or disbursed for any reason whatsoever, including, without
limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or
confirmer, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with
dishonor. Beneficiary promises to return to Lender and confirmer any funds received by Beneficiary in excess of the Letter of
Credit's maximum drawing amount.
2. USE RESTRICTIONS
All drafts must be marked "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 15298
DATED February 19, 2003 Only Beneficiary may complete a draft and accompanying statements or
documents required by this Letter of Credit and make a draw under this Letter of Credit.
® If checked, a copy of this Letter of Credit must accompany each draft and the amount of each draft shall be marked on
the draft.
Beneficiary shall maintain possession of Letter of Credit until the full amount of this Letter of Credit has been drawn.
Once the full amount is drawn, Beneficiary shall return the Letter of Credit to Lender.
Partial draws are permitted ❑ are not permitted under this Letter of Credit. Lender's honor of a draw shall
automatically reduce the amount of credit available under this Letter of Credit.
3. ASSIGNMENT OR TRANSFER
❑ This Letter of Credit may be assigned or transferred by Beneficiary upon providing Lender with prior written
notice of the assignment or transfer.Such transferee shall be deemed the Beneficiary of this Letter of Credit and the
sole permitted signed of any further demands under this Letter of Credit for payment and transfer.
El The right to draw under this Letter of Credit shall be nontransferable, except for:
A. A transfer by direct operation of law to the original beneficiary's administrator, executor, bankruptcy trustee,
receiver, liquidator, successor,or other representatives at law; and
B. The first immediate transfer by such legal representative to a third party after express approval of a governmental
body (judicial, administrative, or executive).
JHA AUILOS 10/00
•
4. TRANSFEREE'S REQUIRED DOCUMENTS
When the presenter is a legal representative under subparagraph 3.A. or a third party under subparagraph 3.B., the
documents required for a draw shall include:
A. All documents required elsewhere in this Letter of Credit, except that such documents may be in the name of either the
original beneficiary or the presenter permitted by paragraph 3; and
B. A certified copy of the one or more documents which show the presenter's authority to claim through or to act with
authority for the original beneficiary.
5. TIMING OF DISHONOR
To the extent not prohibited by law, Lender shall honor or dishonor any draw submitted in connection with this Letter of
Credit within five (5) banking days. Although Lender shall be entitled to honor or dishonor a draw beyond the expiration
date of this Letter of Credit, Beneficiary shall not be entitled to submit a draw request or provide Lender with any
documents in support of a draw after the expiration date hereof.
6. MODIFICATION
The modification or waiver of any Lender's or Beneficiary's obligations or rights under this Letter of Credit must be
contained in a writing signed by Lender. A waiver on one occasion shall not constitute a waiver on any other occasion.
7. COMPLIANCE BURDEN
Under no circumstances shall Lender be held responsible for any impossibility or other difficulty in achieving strict
compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges:
(i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the
burden of complying strictly with such wording remains solely upon Beneficiary; and (ii) that Lender is relying upon the
lack of such amendment as constituting Beneficiary's initial and continued approval of such wording.
S. NON-SEVERABILITY
If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body
having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and
both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though
this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of
Credit, no matter where such provision appears within the Letter's body.
9. CHOICE OF LAW/JURISDICTION
This Letter of Credit shall be governed by the laws of the state indicated in Lender's address to the extent not governed by
the International Chamber of Commerce uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC
Publication No. 500. and to the extent such laws are not inconsistent with the terms of this Letter of Credit. Lender and
Beneficiary consent to the jurisdiction and venue of any court located in the state indicated in Lender's address in the event
of any legal proceeding under this Letter of Credit.
10.EXPIRY
Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit
will be duly honored if presented to the Lender on or before the Expiration Date.
Dated: February 19, 2003
LENDER: YORKVILLE NATIONAL BANK
OfVtBY:
CORI NEWHAUSEN
TITLE:
COMML LOAN OFFICER
ENDORSEMENT OF DRAFTS DRAWN:
Date Negotiated By Amount is Words Amount in Figures
06%10/2003 '15.47 FAX 630 553 5764 DANIEL J. KRAMER al 002/009
United City of Yorkville
County Seat of Kendall County
Est 800 Game Farm Road
Yorkvitle,Illinois 60560
O . ' q, ,.` 0 Phone.630-553-4350
Fax;630-553-7575
June 10, 2003
John Donahue
TDC Yorkville, L.L.C.
513 Central Ave., Ste. 400
Highland Park, IL 60035
Re: Fifth/Third Bank
Dear John:
Pursuant to your request, enclosed please find four(4) Development Agreements for the above
_ referenced project. Please have them executed by both TDC Yorkville and Fifth/Third Bank.
Once they are executed please return them to my office for final signature by the City and
recording. I will forward fully executed file stamped originals to you for your files. Should you
have any questions,please feel free to contact me.
Very truly yours,
Daniel J. Kramer
Attorney at Law
DJK/lgc
Encl.
Cc United City of Yorkville
06/10/2003 15 48 FAX 830 553 5764 DANIEL J. KRAMER 003/003
Revised March 31, 2003
STATE OF ILLINOIS )
) SS.
COUNTY OF KENDALL )
DEVELOPMENT AGREEMENT
FOR
FIFTII/THIRD BANK
Prepared by & Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
1
08/10/2003 15 48 FAX 630 553 5764 DANIEL J KRAMER fd]004/009
DEVELOPMENT AGREEMENT
This Development Agreement, hereinafter referred as to "Agreement", is made and
entered into this day of , 2003,by and between TDC Yorkville,
L,L,C., an Illinois Limited Liability Company, hereinafter referred to as "OWNER",
FIFTH/THIRD BANK, a Michigan Banking Corporation, hereinafter referred to as
"DEVELOPER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter
referred to as "CITY", The DEVELOPER and the CITY may hereinafter be referred to as the
Parties,
WITNESSETH
WHEREAS, the OWNER is an Illinois Limited Liability Company and the Owner of
certain real property, hereinafter referred to as "Property", located in the CITY and legally
described as set forth in Exhibit"A" attached hereto and incorporated by references as if more
fully set forth; and
WHEREAS,the Property is generally located East of the Yorkville Marketplace
including a grocery store as the anchor tenant and various other related users. The Property is
currently zoned B-3 Service Business District and consists of approximately one (I) acre; and
WHEREAS, the CITY has determined that the terms and conditions set forth herein will
serve a public use and will promote the health, safety, prosperity, security, and general welfare of
the inhabitants and taxpayers of the CITY; and
WHEREAS, the OWNER has informed the CITY that it intends to convey the Property to
DEVELOPER for construction of a bank with drive-up window facilities; and
WHEREAS, the DEVELOPER, its vendors, grantees, assigns, successors, trustees, and
all others holding any interest now or in the future, agree and enter into this contract, which shall
operate as a covenant running with the land and be binding upon any developer and its
representatives;
NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual
covenants and agreements contained herein, do mutually agree as follows:
ARTICLE I
LANDSCAPE AND BUFFERING
Except as outlined below, the DEVELOPER covenants and agrees that it shall comply
with and conform its landscape improvements to the current United City of Yorkville Ordinance
requirements, not the Landscape Ordinance requirements approved in the original Consent
Decree.
2
06/10/2003 15: 48 FAX • 630 553 5764 DANIEL J. KRAMER 2 005/003
The DEVELOPER shall not be required to provide landscaping along the Property's
southern property line as otherwise required by current CITY Ordinance requirements. As per an
amendment to the Consent Decree in Kendall County case number 98-CH-19, and as depicted on
Exhibit"B", the landscaping that would occur along the southern property line of the Property
will, instead, be placed along the northern property line of the`Brisben Parcel"by the owners of
the `Brisben Parcel".
ARTICLE II
PROPERTY DEVELOPMENT
The Development of the Property shall be pursuant to the preliminary site plan approved
by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit"B"
which shall further contain all preliminary landscape requirements to be developed on site.
ARTICLE III
CONSENT DECREE COMPLIANCE
DEVELOPER and CITY acknowledge that the Property is bound by the terms of a
Consent Decree affecting the Property previously entered in the Circuit Court of Kendall County,
Prior to approval of the Site Plan and Final Plat of Subdivision, CITY shall secure a letter from
Inland approving the Preliminary Site Plan and Development Agreement. Upon presentation of
said letter, the CITY through its City Attorney shall obtain a written Agreed Order modifying the
Consent Judgment in conformance with the Preliminary Site Plan and Development Agreement
approving all changes thereunder.
ARTICLE IV
EFFECTIVE DATE
The effective date of this Agreement shall be the date the DEVELOPER acquires the
Property from the OWNER and title passes from OWNER to DEVELOPER.
ARTICLE IV
MISCELLANEOUS PROVISIONS
A. This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors in interest, assignees, lessees, and upon any successor
municipal authorities of the CITY and successor municipalities and shall be
enforceable according to its terms and conditions under the laws of the State of
Illinois. Except as otherwise expressly provided herein, upon the conveyance or
•3
. 06710,/2003 15 48 FAX 630 553 5764 DANIEL J. KRAMER Z 006/009
assignment by OWNER or DEVELOPER to new Owner or Developer of its
interest in the Property to any successor, assign, or nominee, Owner or Developer,
as the case may be, shall be released from any and all further liability or
responsibility under this Ordinance or Agreement except to the extent previously
undertaken by DEVELOPER, or for which DEVELOPER has posted security to
perform an obligation in which case DEVELOPER shall be bound to continue to
complete its performance unless a replacement bond or letter of credit is posted by
the new Owner or Developer, and accepted by the CITY which shall not be
unreasonably withheld. In such event the original DEVELOPER shall be released
from the underlying obligation to perform. The CITY shall thereafter look only to
the successor, assign, or nominee of DEVELOPER concerning the performance of
such duties and obligations of OWNER and such DEVELOPER hereby
undertaken.
B. The various parts, sections, and clauses of this Agreement are hereby declared to
be severable. If any part, sentence, paragraph, section, or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of
the Agreement shall not be affected thereby.
C. In all other respects the original Consent Decree is hereby ratified, re-published,
and confirmed.
D. All notices provided for herein shall be in writing and shall be deemed effective
when personally delivered or three days after such notices have been mailed be
certified or registered mail, postage-prepaid, return receipt requested, to the
Parties at the addresses given below or at such other address as may be specified
by written notice.
If to OWNER: If to DEVELOPER:
TDC Yorkville, L.L.C. Fifth/Third Center MDCRLM8E
513 Central Avenue, Suite 400 Attn: Lee Winter
Highland Park, Illinois 60035 1701 Golf Road
Rolling Meadows, Illinois 60008
It to the City:
United City of Yorkville United City of Yorkville
Attn: Daniel J. Kramer, City Attorney Atm: Tony Graff, City Administrator
1107A Bridge Street 800 Game Farm Road
Yorkville, IL 60560 Yorkville, IL 60560
IT WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
4
08/10/2003 15 48 FAX 830 553 5764 DANIEL J. KRAMER a 007/009
United City of Yorkville, Illinois
By:
Arthur F. Prochaska, Jr., Mayor
ATTEST:
City Clerk
OWNER:
TDC YORKVILLE, L,L.C,,
an Illinois Limited Liability Company
By:
Attest:
5
. OB/10/2003 '15:48 FAX 630 553 5764 DANIEL J. KRAMER I2)0o8/009
DEVELOPER:
FIFTH/THIRD BANK
By:
Attest:
6
06/10/2003 15 48 FAX 630 553 5764 DANIEL J. KRAMER Z 0Q9/009
EXHIBIT LIST
•
Exhibit"A" - Legal Description
Exhibit"B" - Preliminary Site Plan &Preliminary Landscape Plan
7
United City of
Yorkville
Memo
To: Mayor&City Council
From:Traci Pleckham— Finance Director
CC: Chief Martin
Date: June 16, 2003
Re: Financing recommendation for 2 new squads and equipment
I have received responses for the $46,000 financing of 2 squad cars and equipment from
Castle Bank, Union Bank and Yorkville National Bank. Upon review, my recommendation
is to finance through Yorkville National Bank with a two—year term at 3.15%. Based on a
detailed budget analysis, both Chief Martin and I concur that a 2-year financing plan is
feasible.
0§i13/2003. 16:22 UNIDN BANK -* 6305537575 NO.652 D01
11.15
UNIONBANK
June 13, 2003
United City of Yorkville
Attn: Traci Pleckham, Finance Director
800 Game Farm Rd,
Yorkville, IL 60560
VIA FAX; 630-553-7575
RE: Financing Proposal
Dear Traci,
Thank you for the opportunity to finance the purchase of two cars and equipment for the
United City of Yorkville. The following will detail our proposal:
Rate Term Estimated Annual Payment
3,30% 24 months $24,240,00
3.45% 36 months $16,437.00
If you have any questions regarding this proposal, please feel free to contact me here at
the bank. I look forward to hearing from you soon.
Sincerely,
Larry L. Kingston
President
LLK/dds
202 Indian Springs Drive • Sandwich, Illinois 60548
Phone;815-786-8455 • Fax;815-786-6723
Website:www ubcc$.com • Nasdaq Symbol! UBCD
A-C31-4-4 . 1-1
UNITED CITY OF
YORKVILLE
Memo
To: Mayor& City Council
From: Tony Graf
CC: Traci Pleckham
Date: 6/16/03
Re: Emergency Temporary Appointment— Full Time General
Office Support Staff Position — Receptionist
This letter is a request to appoint Mary Mizera to a temporary full time position as
general office support staff — receptionist/secretary position until an assessment of
administrative operations can be completed and to provide the necessary personnel
to allow for the office to have the proper staffing immediately. The employee manual
allows for this type of appointment by the department head up to six (6) months and I
believe I will have the assessment completed within the next 90-120 days to present
to the Mayor and Administration Committee with recommendations. During this
appointment the hourly rate would be $13.50 hour. Also, as a temporary employee
she would be ineligible for benefit packages listed in the employee manual.
Any questions regarding this memo please contact me.
1
� C
11
are to be treated as an integral part of the requirements allowing), take time off for •
selection process. Serious evaluation shall personal reasons. This benefit is not to.be
be made as to the employee's work record, abused. The Department Head shall
attendance, compatibility, and any other maintain a record of such absences to be
aspect of job performance deemed necessary made available to the Mayor upon request.,
co insure-the-highest level of performance.
These evaluations, b l2e artment Head,
shall be submitted to the Mayor.
Full-time employees are paid on an hourly
g Current, full-time employees shall be basis--40 hours per week, 52 weeks per year.
/ preferred over non-city applicants for All full-time hourly employees are expected
appointments to advanced positions, to work 40 hours per week, unless
&rovided they establish their eligibility as to authorized leave is approved by the
the requirements of the jobj City employee, Department Head.
are encouraged to seek a6F1 become eligib
for more responsible positions with ► City. 3. PART-TIME
G. An emp oyee of the City may request, or An employee who is employed regularly for
be requested, to transfer to another position less than the normal number of hours is
within the City. considered part-time. These employees
receive straight time for all hours, (less than
forty hours in one week), are ineligible for
IV DEFINITION OF benefit packages listed in this manual, and
mayEMPLOYEE not work more than 1,000 hours per
year. (Exception: Employees who work a
regular tour of 30 hours or more during one
week, subject to Mayor and City Council
1. SUPERVISORY approval o )
Supervisory personnel are defined as •. N I ORARY
P rY
members of the management group.
Supervisory personnel direct the daily work Temporary employees are generally those
activities of unit or shift of employees. persons employed to fill a position for less
Employees shall convey late report times, than six (6) months duration. There is no
illness, or other absence, and make requests guarantee of reinstatement for the same
for authorized leave to the Supervisory period during the following calendar year.
personnel. Temporary employees are not entitled to sick
2. Department Heads, leave. Temporary employees are not entitled
to vacation or other similar benefits enjoyed
Department Heads are salaried on an annual by full-time employees. Temporary
basis, regardless of number of hours worked employees are hired by the Department
over 40 hours per week. Department Heads Head, with concurrence of the Mayor and
do not receive overtime pay. However, if it City Council.
is necessary for them to work over the
forty-hour week, they may (work
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06/12/2003 14 56 FAX 630 553 5784 DANIEL J KRAMER 1002/010
l_ _
STATE OF ILLINOIS ) 6/12/03
)SS
COUNTY OF KENDALL )
ANNEXATION AGREEMENT OF GARY L. CONOVER,DUANE J. CONOVER,
JOHN E. LIES, DELORES C. LIES AND KIMBALL HILL HOMES
This Annexation Agreement (hereinafter"Agreement"), is made and entered into this
day of , 2003, by and between the UNITED CITY OF YORKVILLE, a
municipal corporation, hereinafter referred to as"CITY",the owners of record GARY L.
CONOVER, DUANE J. CONOVER, JOHN E. LIES AND DELORES C. LIES,herein
collectively referred to as "RECORD OWNER"or"OWNER", and KIMBALL HILL HOMES,
herein referred to as "DEVELOPER".
WITNESSETH
WHEREAS, OWNER owns fee simple title to the real property which is legally
described in Exhibit"A" attached hereto, consisting of approximately 300 acres, more or less
(hereinafter"PROPERTY"); and
WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of
the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the
terms of this Agreement and the Ordinances of the CITY; and to provide that when said
PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence
District; and
WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required bylaw to effectuate such annexation; and
9
WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater
management system for the subject PROPERTY that is in conformance with City Ordinances;
and
WHEREAS, all notices required by law relating to the annexation of the PROPERTY to
the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
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06/12/2003 14 .56 FAX 630 553 5764 DANIEL J KRAMER Z 003/010
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Illinois Compiled Statues; and
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to annexation and zoning all as required by the provisions of the
CITY'S Ordinances and Illinois Compiled Statutes; and
WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the
CITY the subject PROPERTY shall be placed in a R-2 Single Family Residence District as set
forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit "B";
and
WHEREAS, in reliance upon the development of the PROPERTY in the manner
proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other
documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the
parties hereto wish to enter into a binding agreement with respect to the future annexation and
zoning of the subject PROPERTY and to provide for various other matters related directly or
indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of
said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have had such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002)and the ordinances of the
CITY relating to the procedure for the authorization, approval and execution of this Annexation
Agreement by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
1. ANNEXATION.
OWNER has or will file with the Clerk of the CITY a duly and properly executed
petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to
annex the PROPERTY and any adjacent roadways not previously Annexed to the City of
Yorkville.
2. ZONING.
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06/12/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER 0 004/010
A. Contemporaneously with the Annexation of the subject PROPERTY, the
CITY shall adopt an Ordinance amending the provisions of the United
City of Yorkville Zoning Ordinance so as to provide that the PROPERTY
shall be classified and shall zone the parcel R-2 Single Family Residence
District.
B. Contemporaneously with the Annexation of the PROPERTY, the CITY
shall, if necessary, amend its Comprehensive Plan to provide for the uses
on the PROPERTY that are reflected in this Agreement.
C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall
be developed in substantial compliance with the ordinances of the CITY in
effect at the time of passage of this agreement by the City Council of the
UNITED CITY OF YORKVILLE, and from time to time amended as, the
same shall be applied to the subject property as duly passed by the
UNITED CITY OF YORKVILLE.
3. ANNEXATION TO SANITARY DISTRICT
A. OWNER/DEVELOPER agrees to file the necessary petitions and
agreements to request annexation and sanitary sewer service for the
PROPERTY Yorkville Bristol Sanitary district.
B. OWNER/DEVELOPER shall cause the Subject Property, to be annexed to
the Yorkville-Bristol Sanitary District ("Yorkville Bristol"or"YBSD")
for the purpose of extending and connecting to the sanitary sewer lines and
treatment facilities of 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 as approved by
the CITY for each Phase of Development. The CITY shall fatly 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
Yorlcville-Bristol facilities, in order to facilitate the development and use
of each Phase of Development of the Subject Property. The sanitary sewer
mains constructed by DEVELOPER for each Phase of Development which
are eighteen(1 8) inches or more in diameter("Large Lines") shall be
conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership
of and, at its expense, be responsible for the ongoing care, maintenance,
replacement and renewal of said Large Lines, and the sanitary sewer lines
which are less than eighteen inches in diameter("Small Lines") shall be
3
06/12/2003 14 57 FAX 630 553 5764 DANIEL J. KRAMER Z005/010
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.
4. DONATIONS AND CONTRIBUTIONS.
A. The OWNER/DEVELOPER shall pay Three Thousand Dollars
($3,000.00) as School Transition fees per residential dwelling unit in said
subdivision for the real property zoned R-2 Single Family Residential District as
voluntarily agreed to by OWNER/DEVELOPER to the Yorkville Community
School District#115, City Development ment fees of Two Thousand One Hundred
Dollars ($2,100.00)per residential dwelling unit shall be paid by
OWNER/DEVELOPER at the time of application for building permit to the
United City of Yorkville, and other fees to the United City of Yorkville in
conformance with the City Ordinances or as modified herein, including but not
limited to City Reimbursement of Consultants and of Review Fees Ordinances,
Municipal Building Fee, City Siren Fee, City Land-Cash Ordinance, City School
Transition Fee Ordinance, and City Development Fee Ordinance, City Siren Fee,
and other fees to the United City of Yorkville in conformance with the City
Ordinances or as modified from time to time herein. Said Transition,
development, and other fees shall be paid per single-family residence concurrent
with and prior to the issuance of each respective subject single-family building
permit. Said fees are being paid voluntarily and with the consent of OWNER and
DEVELOPER based upon this contractual agreement voluntarily entered into
between the parties after negotiation of this Agreement. OWNER/DEVELOPER
knowingly waives any claim or objection as to amount of the specific fees
negotiated herein voluntarily.
B. OWNER/DEVELOPER shall pay all school and park land-cash fees or
provide land dedication as required under existing City Ordinances at the
election of the CITY.
1, OWNER/DEVELOPER agrees to dedicate a Park Site at the location
and acreage amount as shown on the Concept Plan attached hereto and
incorporated herein by reference as "Exhibit C".
2. The Yorkville Community School District#115 has indicated to
OWNER/DEVELOPER that it seeks satisfaction of Land/Cash
Contribution by as set out in the Letter
4
06/12/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER VI 006/010
attached hereto and incorporated herein by reference as "Exhibit D".
3. Any contributions for Land/Cash for Schools and/or Parks not satisfied
by land donations shall be made up with cash contributions for the
difference in value.
C. In the event the CITY requires OWNER/DEVELOPER to oversize water
mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a
written agreement specifically providing that said costs shall be reimbursed by the
CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in
favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to
perform any oversizing.
D. Upon annexation,police protection; 911 service, and library service will
be provided by the City at no charge to Owner.
5. OVERSIZING,
In the event OWNER/DEVELOPER is required on-site to oversize any water,
storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to
require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER/
DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other parcel
of real property connecting to said improvements, for OWNER'S/DEVELOPER'S costs in
oversizing said lines including costs for deepening said lines and any engineering fees, and other
costs associated therewith. In the event the OWNER seeks said reimbursement, the parties agree
separately that the Recapture Agreement shall be executed pursuant to and in compliance with
the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite
Public Hearing being held and Requisite Recapture Ordinance being approved by the City
Council contingent on the percentage of the benefit to the OWNER and including the service
area effected.
In the event any said oversizing is required, the CITY and OWNER agree to
prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and
approving the same within a reasonable amount of time after those costs are ascertained.
OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE
harmless and indemnify the CITY from any liability as a result of any Recapture imposed.
6. TIME IS OF THE ESSENCE.
It is understood and agreed by the parties hereto that time is of the essence in this
Agreement, and that all parties will make every reasonable effort to expedite the subject matter
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06/12/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER V1007/010
hereof. It is further understood and agreed by the parties that the successful consummation of
this Agreement requires their continued cooperation.
7. BINDING EFFECT AND TERM.
This Annexation Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns including, but not limited to, successor owners of
record, successor developers, lessees and successor lessees, and upon any successor municipal
authority of the CITY and successor municipalities for a period of twenty(20) years from the
later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto.
8. NOTICES AND REMEDIES.
Nothing contained herein shall require the original named OWNER in this
Agreement to undertake any of the development obligations in this Agreement; those obligations
being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER/
DEVELOPER of the subject parcel of real property.
e anycourtof competent
U on a breach of this Agreement, any of the parties
Upon 1�
jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available
at law or equity.
Before any failure of any party of this Agreement to perform its obligations under
this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure
shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed
to perform, state the obligation allegedly not performed and the performance demanded.
Notice shall be provided at the following addresses:
CITY: UNITED CITY OF YORKVILLE
1 l 1 W. Fox St., Ste. 3
Yorkville, IL 60560
Attn: Mayor
Copy to: CITY Attorney:
Daniel I. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
DEVELOPER Kimball Hill Homes
5999 New Wilke Rd., Building 5
Rolling Meadows, IL 60008
6
08/12/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER 008/010
DEVELOPER'S: John Philipchuck
ATTORNEY 111 W. Downer Place, Suite 300
Aurora, IL 60506
RECORD OWNERS: GARY L. CONOVER
DUANE J. CONOVER
JOHN E. LIES
DELORES C. LIES
9. AGREEMENT TO PREVAIL OVER ORDINANCES.
In the event of any conflict between this Agreement and any ordinances of the
CITY in force at the time of execution of this agreement or enacted during the pendency of this
agreement, the provision of this Agreement shall prevail to the extent of any such conflict or
inconsistency.
10. PARTIAL INVALIDITY OF AGREEMENT.
If any provision of this Agreement (except those provisions relating to the
requested rezoning of the PROPERTY identified herein and the ordinances adopted in
connection herewith), or its application to any person, entity, or property is held invalid, such
provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the
application or validity of any, other terms, conditions and provisions of this Agreement and, to
that end, any terms, conditions and provisions of this Agreement are declared to be severable.
If, for any reason during the term of this Agreement, any approval or permission
granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY
agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances
effectuating the zoning, variations and plat approvals proposed herein.
11. USE OF PROPERTY FOR FARMING/ZONING.
Any portion of the PROPERTY, which is not conveyed or under development as
provided herein, may be used for farming purposes,regardless of the underlying zoning.
IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day
and year first above written.
CITY:
THE UNITED CITY OF YORKVILLE
7
08/12/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER l009/010
By:
MAYOR
Attest:
CITY CLERK
RECORD OWNERS
GARY L. CONOVER DUANE J. CONOVER
JOHN E. LIES DELORES C. LIES
DEVELOPER:
KIMBALL HILL HOMES
By:
Attest:
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A South Bridge St.
Yorkville, IL 60560
630-553-9500
8
06/12/2003 14: 57 FAX 630 553 5764 DANIEL J. KRAMER Z010/010
EXHIBIT LIST
Exhibit A - Real property description
Exhibit 13 - Annexation Plat
Exhibit C - Concept Plan
Exhibit D - Yorkville Community School District#115 Letter
9
DRAFT
5/9/03: 1:09 p.m.
PUBLIC INFRASTRUCTURE AGREEMENT FOR
UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2003-100:
THE HIGHLANDS
This Public Infrastructure Agreement (this "Agreement") entered into this day of
, 2003 is between the United City of Yorkville, Illinois (the "City"), Concord
Homes, Inc., a Delaware Corporation, (the "Developer") and Wyndham Deerpoint Homes; an
Illinois partnership ("Seller"). The Developer and the Seller shall sometimes be collectively
referred to herein as the "Owner". The City and the Developer are sometimes hereinafter
referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. The Seller owns fee simple title to that certain real estate located in Kendall
County, Illinois and the City is legally described in Exhibit A hereto and designated thereon as
the "Property" (hereinafter "Property" or "Area"). Seller has entered into that certain Agreement
of Purchase and Sale with Developer dated May 22, 2002, as amended from time to time ("Sale
Agreement"), whereby Seller has agreed to sell the Property and other real estate located
adjacent to the Property to Developer, in phases.
B. The Developer desires to develop the Area with single family detached
dwellings and single family attached dwellings (the "Dwelling Units") in a
subdivision to be known as the "Highlands" (the "Development"). The Development shall be
constructed as generally described in the Annexation Agreement dated
between the City and Seller with respect to the Property and other real estate, as amended from
time to time (the "Annexation Agreement"), the preliminary plat and preliminary engineering
plans for the Property approved by the City on , ("Preliminary Plat
and Preliminary Engineering Plans") and the final plats and final engineering plans approved
from time to time by the City ("Final Plats and Engineering Plans") (collectively, "Entitlement
Documents" or "Entitlements"). The Development will be constructed in phases over a
multiyear period.
C. The City has authority to enter into this agreement under the Special Service Tax
Law, 35 ILCS 200/27 et seq. and the Illinois Constitution Article VII Section 7.
D. In the Entitlement Documents, the City required the Developer to commit to
construct certain on site and off site improvements in connection with the Development and to
dedicate rights-of-way or easements which, upon completion thereof would be dedicated,
conveyed or otherwise become the property of or subject to the maintenance and control of, the
City.
E. The Public Improvements are unique and special services within the meaning of
35 ILCS 200/ 27-5 that will benefit the Area specially and are in addition to the municipal
services provided to the City as a whole. All of the Public Improvements are to be located in
either publicly dedicated rights-of-way, on public lands or in publicly dedicated easements and
shall generally consist of and include engineering, soil testing and appurtenant work, mass
grading and demolition, storm water management facilities, storm drainage systems and storm
sewers, site clearing and tree removal, erosion control measures, roads, streets, curbs, gutters,
street lighting, traffic controls, sidewalks and related street improvements, and equipment and
materials necessary for the maintenance thereof, landscaping, wetland mitigation, park, park
improvements, bicycle paths, utility relocation and tree installation, costs for land and easement
acquisitions relating to any of the foregoing improvements, and other eligible costs, soil reports,
erosion control improvements, to pay capitalized interest; to establish a reserve fund; to pay
issuance costs; to pay the Special Service Area Number 2003-100 administration costs; and to
reimburse the City for its expenses including but not limited to legal fees relating to the Bonds
and the cost of acquiring title to, or easements with respect to, land on which Public
Improvements are located or are to be located (collectively the "Public Improvements"). The
Public Improvements and the estimated related costs are attached hereto as Exhibit B. The
Public Improvements are described in more detail in the Entitlement Documents and the Exhibits
attached thereto.
F. The City Council of the City (the "Corporate Authorities") determined in City
Ordinance that the Area would benefit specially from construction of the Public
Improvements and that it would be in the best interest of the City to adopt an ordinance (the
"Establishing Ordinance") designating the Area as a "Special Service Area Number 2003-100"
pursuant to Article VII, Section 7 of the Illinois Constitution and the Illinois Special Service
Area Tax Law, 35 ILCS 200/27-5 et seq. and authorizing the levy of special service area taxes
upon the taxable real property within the Special Service Area Number 2003-100.
2003, orsuch later date as agreed to between the
G. No later than December31, a gr
Parties, the Corporate Authorities shall adopt separate ordinances to be drafted by the City's
Bond Counsel (the "Bond Ordinance") authorizing the issuance of the United City of Yorkville,
Kendall, County Illinois, Special Service Area Number 2003-100 Special Tax Bonds, Series
2003 (the "Bonds") to pay a portion of the costs for the Public Improvements, including the
financing and other costs associated with the funding of the Public Improvements.
H. The Parties agree that the Developer shall construct the Public Improvements on
behalf of the City and in accordance with the terms and provisions of the Entitlement
Documents. The proceeds from the sale of the Bonds shall be under the control of the City and
shall be used to pay for the Public Improvements.
I. The proceeds from the sale of the Bonds (the "Bond Proceeds") to be used by the
City to pay for the Public Improvements shall be held by an institutional trustee, as trustee for the
2
Bond Holders ("Trustee"), in an account entitled the "Improvement Fund" in accordance with a
trust indenture relating to the Bonds (the "Trust Indenture").
J. The Corporate Authorities determined that the Development is in the vital and
best interest of the City and the health, safety, morals and welfare of its residents, that property
within Special Service Area Number 2003-100 will benefit specially from the municipal services
to be provided to the Area and the financing of the Public Improvements by the City is in
accordance with the public purposes and provisions of applicable state and local laws.
K. This Agreement has been submitted to the Corporate Authorities for consideration
and review, and the Corporate Authorities have taken all actions required to be taken prior to the
execution of this Agreement in order to make the same binding upon the City according to the
terms hereof. The Developer has taken all actions necessary and adopted the proper resolutions
to make this Agreement binding upon the Developer according to the terms hereof.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City, the Developer and Seller hereby agree
as follows:
ARTICLE ONE
Recitals Part of Agreement
The representations, covenants and recitations set forth in the foregoing recitals are
material to this Agreement and are hereby incorporated into and made a part of this Agreement
as though they were fully set forth in this Article One.
ARTICLE TWO
Mutual Assistance
The Owner and City agree to take such actions, including the execution and delivery of
such documents, instruments, petitions, certifications (and in the City's case, the adoption of
such ordinances and resolutions), as may be necessary or appropriate from time to time to carry
out the termsrovisions and intent of this Agreement and to aid and assist each other in carrying
p �' anY g
out said terms, provisions and intent.
ARTICLE THREE
Construction of the Public Improvements
3.1 Construction of Public Improvements by the Developer. As required by the Illinois
Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., the Public Improvements provide a
special service specific and unique to the Area, and are essential to the Development; the
Developer shall construct the Public Improvements for the benefit of and on behalf of the City as
3
provided in this Article Three. Construction of the Public Improvements shall commence within
six months after the sale of the Bonds. With respect to the Public Improvements to be
constructed with the Bond Proceeds, such proceeds shall be fully expended on the Public
Improvements within thirty-six (36) months after the sale of the Bonds, provided that all
necessary approvals and permits have been granted by the City. With respect to all Public
Improvements, they shall be dedicated or conveyed to the City after the sale of the Bonds as
provided in the Development Agreement, provided that all necessary approvals and permits have
been granted by the City. The Public Improvements shall be paid for as provided in Article Six
of this Agreement.
3.2 Duty of the Developer to Construct.
(a) The Developer, on behalf of the City, shall cause the Public Improvements to be
constructed as a special and unique benefit to the Area. In accordance with the Entitlement
Documents, all Public Improvements shall be located in either publicly dedicated rights-of-way,
on public lands or in publicly dedicated easements. The City acknowledges that it does not
intend to design, bid or construct the Public Improvements. The City agrees that the Developer
shall construct the Public Improvements using subcontractors and materialmen selected from
time to time by the Developer in the Developer's sole discretion without advertising for bids as
permitted by the provisions of Section 65 ILCS 5/8-9-1 of the Illinois Municipal Code. All
Public Improvements to be constructed hereunder shall be constructed in substantial accordance
with the all applicable laws, ordinances and rules as modified by the Entitlement Documents and
shall be constructed in a good workmanlike fashion and commercially reasonable manner. At all
times, the Developer shall employ and/or contract with adequate staff, consultants and
contractors possessing the requisite experience necessary to administer and coordinate the
construction of the Public Improvements.
(b) The City agrees to accept the Public Improvements provided that the Developer
follows the provisions contained in Section 3.9 of this Agreement.
(c) The Parties agree that the Developer shall receive payment for the construction of the
Public Improvements in an amount equal to the amount or amounts shown on the budget or
budgets attached hereto as Exhibit B, which amounts include a factor for the Developer's
construction administration and supervisory expenses (the `Budgeted Amount"). In the event
that the actual cost of constructing a particular Public Improvement exceeds the cost budgeted
for that Public Improvement ("Excess Cost"), the Developer shall be permitted to utilize funds
allocated to other Public Improvements to pay the Excess Cost; provided, however, that any
Public Improvements to be paid for with Bond Proceeds must be in conformity with the Rate and
Method. The Developer and the City shall cooperate with each other and shall each use their
best efforts to cause the cost of constructing the Public Improvements to be no more than the
Budgeted Amount. However, it is understood that if despite the Parties' best efforts, the cost of
constructing the Public Improvements exceeds the Budgeted Amount, then the Developer shall
be required to complete construction of the Public Improvements, and to the extent that the
4
amounts available from the Improvement Fund are not sufficient to pay for all costs of
constructing the Public Improvements, the difference shall be paid by the Developer. In making
such payments, however, the Developer does not waive any cause of action it may have against
the City for such cost overruns.
(d) Subject to Article 8 of this Agreement, if the Developer fails to complete the Public
Improvements within the time specified herein, or any extensions of time granted by the City
(which extension shall not be unreasonably withheld) or the Developer abandons the project
(ceases all work for a period of six (6) consecutive months without reasonable cause for delay),
and if as a result, a breach of this Agreement occurs (subject to the terms of Section 10.3 of this
Agreement), the City has the right, but not the obligation to complete the Public Improvements
using the remaining Bond Proceeds on deposit in the Improvement Fund to pay for the
completion of the Public Improvements identified in the Project Budget attached in Exhibit B
under the caption Bond Proceeds. Additionally, to the extent that the remaining Bond Proceeds
are not sufficient to pay for the reasonable costs of such completion of the Public Improvements
by the City the City shall have the right to draw upon the performance bond identified in Section
3.8(ii) for such reasonable additional costs of completion. Upon completion of the Public
Improvements by the City, the City shall issue to Developer a written Certificate of Completion
of the Public Improvements..
(e) Upon completion and acceptance of all Public Improvements of a particular phase,
the Developer shall provide the City with a one year maintenance guarantee ("Maintenance
Guarantee"). Upon the expiration of said year, the maintenance, repair, restoration, and
reconstruction of all Public Improvements are the sole cost and expense of the City.
3.3 Submission and Approval of Plans and Engineering. All work with respect to the
construction of the Public Improvements by the Developer shall be performed in conformance
with the approved Preliminary Plat and Preliminary Engineering Plans and Final Plats and
Engineering Plans. The Developer shall prepare and submit to the City for approval by the City
(which approval shall not be unreasonably delayed or withheld) Final Plats and Engineering for
the Development (collectively "Construction Plans").
3.4 Public Improvements Constructed on City's Right-of-Way and Public Lands. The
City hereby grants or shall cause to be granted to the Developer easements and/or licenses with
respect to the City's right-of-way and public lands and private property (which the City has
acquired easements over) for which some or all of the on site or off site Public Improvements are
required and which are necessary to permit the Developer to construct the Public Improvements
in a form and substance acceptable to the Developer and the City. All such easements and
licenses shall be duly executed and, if necessary, recorded, prior to the commencement of
construction. Notwithstanding the foregoing, the Developer agrees that all Public Improvements
shall be constructed within publicly dedicated rights-of-way, on public lands or in publicly
dedicated easements or in private easements granted to the City by owners of real estate
provided. If the City has not fulfilled its responsibility to obtain the required off-site easements
5
and licenses, and the Developer requests Final Plat approval, the approval shall be given if the
Developer can provide the City with assurances that all such licenses or easements will be
acquired.
3.5 Conformance to Federal, State, and Local Requirement. Subject to the provisions of
the Entitlement Documents, all work with respect to the Public Improvements shall conform to
all applicable ordinances, codes, rules and regulations in effect as of the date of this Agreement
and all applicable federal, state and local laws, regulations, codes, rules and ordinances
including, without limitation, the City's Subdivision Control Ordinance as of
; provided, however, that the City may not adopt any ordinances, rules or
regulations which discriminate against the Developer or which will cause the cost of the Public
Improvements to increase.
3.6 Insurance. Prior to commencement of construction of the Public Improvements, the
Developer shall cause to be procured and delivered to the City, at the Developer's sole cost and
expense, and shall maintain in full force and effect until construction of the Public Improvements
has been completed, commercial liability insurance and, during any period of construction,
contractor's liability insurance and worker's compensation insurance, with liability coverage
under the commercial liability insurance of not less than One Million Dollars per occurrence and
Two Million Dollars in the aggregate (which may be in the form of umbrella coverage) and
limits under the other policies of insurance in accordance with statute, all such policies to be in
such form and issued by such companies as shall be reasonably acceptable to the City, to protect
the City and the Developer against any liability incidental to the use of, or resulting from, any
accident occurring on or about the Public Improvements or the construction of an improvement
thereof. Each such policy shall name the City as an additional named insured party.
3.7 Rights of Inspection. During construction of the Public Improvements, the City or its
designee shall have the right at any time and from time to time to enter upon the Property for the
purpose of conducting such inspections as the City may deem appropriate. In the event that the
City or its designee discovers a defect or deficiency in the construction of the Public
Improvements, the City or its designee shall promptly notify the Developer thereof. Any such
inspection by the City of the Public Improvements shall not be construed as a representation by
the City that there has been compliance with the Construction Plans or that the Public
Improvements will be or are free of faulty materials or workmanship, or as a waiver of any right
that the City or any other party may have against the Developer or any other party for failure to
comply with the Construction Plans or the provisions of this Agreement.
3.8 Security for Public Improvements. The City hereby agrees that no security shall be
required for that portion of the cost of the Public Improvements that are paid, or to be paid, from
the Bond Proceeds. To the extent the Bond Proceeds are insufficient to pay for the cost of the
Public Improvements (the "Insufficient Amount"), then, the Developer will provide the City with
a performance bond for the Insufficient Amount in an amount not to exceed 110% of the
Insufficient Amount. In the event that the Bond Proceeds are insufficient to complete the Public
6
Improvements, the City may draw upon the performance bond for payment of any Public
Improvements according to the procedures set forth in its subdivision code.
3.9 Acceptance of Public Improvements. The City's acceptance of the Completed
Improvements shall be in accordance with the following provisions.
(a) Upon completion of the Public Improvements or designated phases of the Public
Improvements ("Completed Improvements"), the Developer shall submit a written request to the
City requesting an inspection of the Completed Improvements.
(b) The City shall within five (5) business days conduct an inspection of the Completed
Improvements. If upon inspection by the City or its designee ("Inspector") the Completed
Improvements are deemed sufficient by the inspector, the City shall within 2 business days of the
inspection send a written Certificate of Completion and Acceptance ("Certificate") to the
Developer indicating the City's acceptance of the Completed Improvements.
(c) Should the Inspector determine that the Completed Improvements are inadequate, the
City shall within five (5) business days send written notice to the Developer specifically and
completely identifying all claimed inadequacies, for which the Developer will have five (5)
business days to remedy, subject to the Unavoidable Delay provisions of Article 8.
(d) Should the City upon written request by the Developer fail to inspect the Completed
Improvements within the time period designated above or to send either a Certificate or a notice
identifying all claimed inadequacies, subject to the Unavoidable Delay provisions identified in
Article Eight, at that time the Completed Improvements shall be deemed accepted by the City.
3.10 Density. In no event shall any ordinance of the City, amend the Entitlement
Documents nor shall the Developer be required to draw any subdivision plat in such a way as to
result in less than Dwelling Units being permitted to be constructed on the Property unless
mutually agreed in writing by the City and the Owner. In the event that there is a reduction in
density caused as a result of such an agreement between the City and the Owner, the Owner shall
prepay Special Taxes in the amount attributable to the reduction in density.
3.11 Administration of SSA. The City shall contract with an administrator or consultant
to administer the Special Service Area Number 2003-100, including, without limitation,
calculation, levy, abatement, administration and collection of the special tax for said Special
Service Area Number 2003-100, on such terms as shall be reasonably agreed to between the
parties. The costs related to the Administration of the Special Service Area Number 2003-100
shall be payable from the special tax collections.
•
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ARTICLE FOUR
Developer Indemnification of the City
The Developer agrees to indemnify, defend and hold the City and its officers, employees,
attorneys, engineers and consultants harmless from and against any claim, action, suit,
proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
(including, without limitation, reasonable attorneys' fees), to the extent resulting from, arising
out of, or based upon: (i) any breach or default on the part of the Developer in the performance
of any of its obligations under or in respect of this Agreement; (ii) any act of negligence of the
Developer or any of its agents, contractors, servants or employees; or (iii) any violation by the
Developer of any easements, law, ordinances or codes affecting the Area, the City Property, the
Development or the Public Improvements. In case any such claim shall be made or action
brought based upon any such claim in respect of which indemnity may be sought against the
Developer, upon receipt of notice in writing from the City setting forth the particulars of such
claim or action, the Developer shall assume the defense thereof including the employment of
counsel reasonably acceptable to the City and the payment of all costs and expenses. The City
shall have the right to employ separate counsel in any such action and to participate in the
defense thereof, but the fees and expenses of such counsel shall be at the expense of the City.
ARTICLE FIVE
Payment for Public Improvements
5.1 Improvements to be Constructed.
a. Request for Payment. The Developer may submit to the City Engineer or his
designee and send a copy to the Consultant (as defined in the Trust Indenture) not more
frequently than once each calendar month, a written request as provided in Exhibit C ("Request
for Payment") for payment of the Developer's costs of constructing those portions of the Public
Improvements which have been completed to date and/or for the payment or reimbursement of
other costs shown on Exhibit B, including the cost of the acquisition of title to, or easements with
respect to, land on which Public Improvements are located or are to be located. the City Engineer
shall inspect each portion of the Public Improvements for which payment is requested and shall,
within five (5) business days after submission of a Request for Payment, make its inspection and,
if the City Engineer confirms that the work for which payment is requested has been done, the
City Administrator shall execute and deliver to the Developer and to the Trustee a written
statement in the form attached hereto as Exhibit D ("Disbursement Request") approving the
payment of funds as provided therein.
b. Denial of Compliance. If, in the City Engineer's reasonable opinion, any portion
of the work is not in compliance with the Construction Plans, the City Engineer shall within five
(5) business days after submission of a Request for Payment notify the Developer in writing of
(1) the specific improvements which it believes are not in compliance with the Construction
Plans, (2) the reasons why it believes that the work is not in compliance with the Construction
8
Plans and (3) the reasons why it is not approving a portion or all of the requested disbursement
together with reasonably detailed explanations thereof. However, to the extent that the Request
for Payment relates to multiple Public Improvements and the City Engineer confirms that some
of the Public Improvements addressed by the Request for Payment are complete, the City
Administrator shall execute and deliver to the Developer, the Consultant and the Trustee a
Disbursement Request for the Public Improvements which have been completed.
c. Release of Funds. At such time as work covered by a Request for Payment is
approved by the City Engineer, subject to the provisions of the Trust Indenture, the City
Administrator shall deliver a Disbursement Request to the Trustee directing the Trustee to
disburse to the Developer the amount of funds provided for in the Disbursement Request to the
extent that funds are available in the Improvement Fund.
5.2 Conditions Precedent to Payment. The City Engineer shall authorize the distribution
of funds by the Trustee to the Developer to pay for those portions of the Public Improvements
which have been completed upon satisfaction of the following conditions:
a. The Developer has submitted to the City Engineer, with a copy to the Consultant,
a Request for Payment with respect to such portions of the public improvements and the City
Engineer has issued, or is required to issue, a Disbursement Request to the Trustee with respect
thereto;
b. The Developer has caused a title insurance company licensed to do business in
Illinois ("Title Company") to issue to the Trustee and the City Engineer a letter of commitment
whereby the Title Company insures the Trustee and the City from any and all mechanic's lien
claims with respect to work covered by the Disbursement Request. Alternatively, the Developer
may request that the City Engineer direct the Trustee to disburse the funds into a construction
escrow account with the Title Company with directions that the Title Company shall not release
any funds to any subcontractor or materialmen unless and until appropriate lien waivers and
supporting affidavits to the satisfaction of the Title Company have been received by the Title
Company; and
c. Subject to the Unavoidable Delay provisions of Article Eight and the Notice and
cure provisions of Section 11.3 of this Agreement, the Developer is not in default under this
Agreement.
5.3 Bond Proceeds.
a. The Bond Proceeds shall be deposited, held, invested, reinvested and disbursed as
provided in the Trust Indenture. Sufficient Bond Proceeds shall be deposited in the
Improvement Fund, which, together with anticipated interest earnings, will fully fund the
budgeted amounts set forth in Exhibit B under the heading "Bond Proceeds" for the Public
Improvements. Monies in the Improvement Fund shall be withdrawn therefrom in accordance
9
with the provisions of the Trust Indenture and the applicable provisions of this Agreement for
payment of all or a portion of the cost of constructing the Public Improvements under the
heading Bond Proceeds. The Developer understands and agrees that the City alone shall deliver
to the Trustee a direction as to the investment of funds on deposit in the funds and accounts
established by or pursuant to the Trust Indenture, including the Improvement Fund; provided,
however, the City shall consult with the Developer so long as the Developer or its affiliate is the
legal or beneficial owner of at least (75%) of the lots improved, or to be improved, with the
Dwelling Units as to the investment of such funds so long as there are funds available in the
Improvement Fund.
b. Except in the event of fraud or gross negligence, the City shall have no
responsibility whatsoever to the Developer with respect to any investment of funds made by the
Trustee under the Trust Indenture, including any loss of all or a portion of the principal invested
or any penalty for liquidation of investment. Any such loss may diminish the amounts available
in the Improvement Fund to pay the cost of constructing the Public Improvements. The _
Developer further acknowledges that the obligation of any owner of real property in the
Development, including the Developer to the extent it owns any property in the Development, to
pay special service area taxes is not in any way dependent on the availability of amounts in the
Improvement Fund to pay for all or any portion of Public Improvements. The Developer
acknowledges that any lack of availability of amounts in the Improvement Fund to pay the cost
of constructing the Public Improvements shall in no way diminish any obligation of the
Developer with respect to the construction of the Public Improvements in accordance with this
Agreement or any other agreement relating to the Development and to which the Developer is a
party.
c. The City agrees not to initiate or approve any amendment to the Trust Indenture
that affects the Improvement Fund without the express written consent of the Developer.
5.4 Limited Liability of City. The Developer agrees that any and all obligations of the
City arising out of or related to this Agreement are special and limited obligations of the City and
the City's obligations to make any payments under this Agreement are restricted entirely to the
monies, if any, in and available for disbursement from the Improvement Fund and from no other
source. Except in the event of fraud or gross negligence, no member of the Corporate
Authorities, or any City staff member, employee or agent, or consultant, including attorneys and
engineers, shall incur any liability under this Agreement to the Developer or any other party in
their individual capacities by reason of their actions under this Agreement or the execution of
this Agreement.
5.5 Acknowledgement. The City agrees, upon written request by the Developer, within
five (5) business days, to send a letter acknowledging that construction of the improvements has
begun and furthermore, the City acknowledges that as of the date hereof, the Developer is
expending funds in the pursuit of constructing the Public Improvements.
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ARTICLE SIX
Other Agreements
6.1 Continuing Disclosure. The Developer agrees to provide to the City (except as
otherwise provided), the underwriter of the Bonds, and the Notice Beneficial Holders and the
Consultant (as defined in the Trust Indenture) certain continuing information concerning the
development of the Property until such time as (90 percent) of the Dwelling Units are
subject to contracts for sale. This information includes the following: quarterly reports to the
City, the underwriter of the Bonds, the Notice Beneficial Holders, and the Consultant setting
forth (A) the number of single-family detached homes and/or bulk property sales, (B) the number
of Dwelling Units constructed on the Property, (C) a description of the Dwelling Units sold and
the range of sales prices for such homes, (D) a description of the number of sales of homes
closed, (E) any pending litigation which would adversely affect the ability of the Developer to
develop the Property or to pay the Special Tax for Special Service Area Number 2003-100, (F)
any material change in the structure or ownership of the Developer, (G) any failure of the
Developer or affiliate of the Developer to pay by the date due general ad valorem property taxes,
the Special Tax for Special Service Area Number 2003-100, or any other governmental charge
on the Property, (H) any denial or termination of credit, (I) any denial or termination of, or
default under, any letter of credit, line of credit or loan or any other loss of a source of funds that
the Developer has reason to believe is likely to have a material adverse effect on the ability of the
Developer to develop the Property, (J) the occurrence of any event of bankruptcy with respect to
the Developer or any affiliate of the Developer, (K) any significant amendments to land use
entitlements for the Property if such amendments are likely to prevent or delay the development
of the Property, (L) any previously undisclosed governmentally-imposed preconditions to
commencement or continuation of development of the Property if such preconditions are likely
to prevent or delay the development of the Property, (M) any previously undisclosed legislative,
administrative or judicial challenges to development of the Property or the collection of the
Special Tax for Special Service Area Number 2003-100, and (N) any changes of which the
Developer is aware, if material, in the alignment, design or likelihood of completion of
significant public improvements affecting the Property, including major thoroughfares, sewers,
water conveyance systems and similar facilities. Quarterly reports shall be made available
within 30 days after the end of each calendar quarter. In addition, the Developer shall use its
best efforts to provide prompt notice of any of the events listed in (E) through (N). Until such
time as (90%) of the Dwelling Units are subject to contracts for sale as verified in writing by
the Developer to the City and the Underwriter, upon prior written notice to Developer by the
Notice Beneficial Holders, Developer shall make its current annual financial statements available
for review by the Notice Beneficial Holders at Developer's offices.
6.2 Amendment to Entitlement Documents. To the extent any amendments to the
Entitlement Documents are necessary, the City and the Developer agree to work together and use
their best efforts to amend those certain Entitlement Documents, to incorporate the relevant
provisions of this Agreement as they apply to the Property; provided, however, that no such
amendments nor any future amendments shall materially affect the rights of the Special Service
Area Number 2003-100 bondholders. No such amendment shall result in an increase in the
special taxes owed by property owners pursuant to the Rate and Method.
11
6.3 Sale of the Property. The City agrees that the Developer shall have the right to either
build on the Subject Property or sell developed lots to other builders or to convey any or all of
the property at any time after the date of this Agreement. The Developer shall notify the
Purchaser (as defined in the Trust Indenture), the City and the Consultant prior to the sale of any
portion of the property other than the sale of an individual Dwelling Unit.
6.4 Additional SSA/Bonds. Provided that the Developer complies with the provisions of
this Agreement and does not take any actions inconsistent with the RMA, at the request of the
Developer the City shall establish a separate SSA for the balance of the real estate which is
subject to the Sale Agreement and issue Bonds on terms and conditions and for uses which are
similar to those provided for herein.
ARTICLE SEVEN
Authority
7.1 Powers. Each Party hereby represents and warrants to the other Party that the Party
making such representation and warranty has full constitutional and lawful right, power and
authority, under currently applicable law, to execute, deliver and perform the terms and
obligations of this Agreement, and all of the foregoing have been or will be duly and validly
authorized and approved by all necessary City proceedings, findings and actions and all
necessary Developer actions. Accordingly, this Agreement constitutes the legal, valid and
binding obligation of the City and the Developer, enforceable in accordance with its terms and
provisions and does not require the consent of any other governmental authority.
7.2 Authorized Parties. Whenever under the provisions of this Agreement and other
related documents and instruments or any supplemental agreements, any request, demand,
approval, notice or consent of the City or the Developer is required, or the City or the Developer
is required to agree or to take some action at the request of the other party, such request, demand,
approval, notice or consent, or agreement shall be given for the City, unless otherwise provided
herein, by the City President or his or her written designee and for the Developer by its
President, or his written designee; and either party shall be authorized to act on any, such
request, demand, approval, notice or consent, or agreement or other action and neither party
hereto shall have any complaint against the other party as a result of any such action taken.
ARTICLE EIGHT
Unavoidable Delays
The time for performance by Developer shall be extended by a period of time equal to the
time of delay caused by any of the following reasons (herein called "Unavoidable Delays"):
Acts of God, acts of the Public Enemy, or acts of fire, strikes, flood, governmental orders or
edicts, governmental rationing or allocation of materials, adverse weather conditions, lockouts,
riots, strikes, or any other cause beyond the reasonable control of Developer.
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ARTICLE NINE
Transfer Declaration
As required by Article 10(e) of the Development Agreement, each Illinois Real Estate
Transfer Declaration Form ("Declaration Form") shall reflect the Special Service Area Number
2003-100 financial benefit to that lot so that the full actual consideration for the lot is reflected
on the Declaration Form. [Why is this included?]
ARTICLE TEN
General Provisions
10.1 Rider to Sales Contracts. The Developer agrees to attach the Rider or one
substantially similar to it, attached hereto as Exhibit E to all sales contracts for the sale of single-
family detached homes.
10.2 Time of Essence. Time is of the essence of this Agreement.
10.3 Breach. A party shall be in "breach of this Agreement" if it shall fail to perform
any of its respective obligations under this Agreement and, barring an Unavoidable Delay, after
written notice from the other Party of such failure to perform, does not commence performance
within thirty (30) days after such notice and diligently prosecute the same to completion. Each
of the Parties shall have all remedies available at law or in equity to enforce this Agreement or
recover damages in case of a breach of this Agreement beyond any applicable cure periods.
10.4 Amendment. This Agreement, and any exhibits attached hereto, may be amended
only by: (i) the agreement of all of the Parties evidenced by a written amendment, with the
adoption of an ordinance or resolution of the City approving the written amendment; (ii) as
provided by law; or (iii) by the execution of the written amendment by the Parties or their
successors in interest.
10.5 Conflict with Prior Agreements. In the event that there is a conflict between this
Agreement and the Entitlement Documents, the Entitlement Documents shall control.
10.6 Severability. If any provisions, covenants, agreements or portions of this
Agreement, or its application to any person, entity or property, is held invalid, such invalidity
shall not affect the application or validity of any other provisions, covenants, agreements or
portions of this Agreement and, to that end, all provisions, covenants, agreements or portions of
this Agreement are declared to be severable.
10.7 Illinois Law. This Agreement shall be construed in accordance with the laws of the
State of Illinois.
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10.8 Notice. Any notice to be given or served hereunder or under any document or
instrument executed pursuant hereto shall be in writing and shall be: (i) delivered personally,
with a receipt requested therefor; or (ii) sent by facsimile; or (iii) sent by a recognized overnight
courier service; or (iv) delivered by United States registered or certified mail, return receipt
requested, postage prepaid. All notices shall be addressed to the Parties at their respective
addresses set forth below, and the same shall be effective: (a) upon receipt or refusal if delivered
personally or by facsimile; (b) one (1) business day after depositing with such an overnight
courier service; or (c) two (2) business days after deposit in the mails, if mailed. A Party may
change its address for receipt of notices by service of a notice of such change in accordance
herewith.
If to the City:
Fax:
With a Copy to:
Fax:
If to Developer: Concord Homes, Inc.
1540 East Dundee Road, Suite 350
Palatine, Illinois 60074
Attention: Deborah Tyler Haddad
Facsimile: (847)776-2302
With a Copy to: Brian Meltzer
Meltzer, Purtill & Stelle LLC
1515 East Woodfield Road, Second Floor
Schaumburg, Illinois 60173
Facsimile: (847) 330-1231
If to Seller: Wyndham Deerpoint Homes
605 Lindsay Circle
North Aurora, IL 60542
Attn: Richard M. Guerard
Facsimile:
10.9 Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same agreement.
14
10.10 Consent or Approval. Except as otherwise provided in this Agreement, whenever
consent or approval of a Party is required, such consent or approval shall not be unreasonably
withheld.
10.11 Assignment. At its sole cost and expense, the Developer may collaterally assign
its interest in the payments to be received hereunder to a third-party lender who is advancing
funds for the payment of the costs of the Public Improvements. The Developer shall notify the
City of its intent to collaterally assign its interest in the payment received and said assignment is
subject to the reasonable approval of the City. No assignment shall result in any increased costs
to the City, unless the City is reimbursed for such increased costs.
10.12 Effective Date. This Agreement shall become effective upon the date first above
written by each of the parties.
UNITED CITY OF Yorkville, an Illinois
municipal corporation
By:
Its:
DEVELOPER:
CONCORD HOMES, INC.
By:
Its:
SELLER:
WYNDHAM DEERPOINT HOMES
By: DEERPOINT HOMES, INC., its General Partner
Its:
Richard M. Guerard, President
30034\076\Public Infrastructure Agreement For SSA.doc
15
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY
16
EXHIBIT B
Special Services
Land Purchase
Site Preparation
Material Testing
Earthwork
Sanitary
Water
Storm
Curb & Gutter
Paving
Utilities
Streetscape
Hardscape
Landscaping
Off-site
Soft Costs
Subtotal
17
EXHIBIT C
REQUEST FOR PAYMENT
18
EXHIBIT D
DISBURSEMENT REQUEST
TO: ,Trustee
RE: $
City of Yorkville
Kendall County,Illinois
Special Service Area Number 2003-100 Special Tax Bonds, Series 2003
Amount Requested:
Total Disbursements to Date:
1. Each obligation for which a disbursement is hereby requested is described in reasonable detail in
Schedule I hereto together with the name and address of the person, firm, or corporation to whom payment is due,
which may include the Developer for reimbursement of amounts expended,and any other payment instructions.
2. The bills, invoices, or statements of account for each obligation referenced in Schedule I are
attached hereto as Schedule II.
3. The Issuer hereby certifies that:
(a) This written requisition is for payment of costs in connection with the issuance of the
above-referenced Series 2003 Bonds and the specific purpose for which this request is made is described in
Schedule I.
(b) The disbursement is for payment of a Special Service.
(c) Such Special Service has been completed in accordance with the terms of the Public
Infrastructure Agreement for Special Service Area Number 2003-100.
(d) Payment instructions sufficient to make the requested payment are set forth in Schedule I.
(e) No portion of the amount being requested to be disbursed was set forth in any previous
request for disbursement.
(f) As a condition to the disbursement, the Title Company shall issue an endorsement to the
title policy in the amount requested to be disbursed.
4. All capitalized terms herein shall have the meanings assigned to them in the Trust Indenture for
the above-referenced Series 2003 Special Tax Bonds dated as of by and between the City of
Yorkville,Kendall County,Illinois and ,as Trustee.
By:
Authorized Officer
cc: Consultant
19
EXHIBIT E
SPECIAL SERVICE AREA FINANCING RIDER TO
HOME PURCHASE AGREEMENT
RE: Yorkville SSA No. 2003-100
This Rider is attached to and made a part of that Home Purchase Agreement between
Concord Homes, Inc., a Delaware corporation ("Seller") and and
("Purchasers") for Lot in Subdivision (the
"Home"). Seller and Purchaser hereby agree as follows:
Purchaser hereby acknowledges and agrees:
(a) The Home is part of the United City of Yorkville Special Service Area No. 2003-100
pursuant to an "Establishing Ordinance" adopted by the United City of Yorkville ("City"),
Illinois. The Establishing Ordinance authorized the levy, extension and collection of a Special
Service Area Tax upon the Home, in the manner more specifically described below, in
connection with certain "Public Improvements" that will confer a special benefit on the Home
(including, without limitation, streets, storm and sanitary sewer and a potable water system). In
connection therewith, the City, pursuant to a certain "Bond Ordinance", authorized the issuance
of municipal bonds to pay for the Public Improvements, including the financing and other costs
associated with the funding of the Public Improvements.
(b) The Home is subject to the obligation to pay the Special Service Area Tax, which
shall be a lien on the Home. This Special Service Area Tax can be levied on the Home each
Calendar Year from to and collected each Calendar Year from to
. The Maximum Annual Special Service Area Tax on the Home shall first be payable in
Calendar Year in the amount of$ . The Special Service Area Tax on the Home
may increase by no more than one and one-half percent (1.5%) each year between the first year
of the levy and . The maximum Annual Special Service Area Tax on the Home payable in
Calendar Year shall be no greater than $ , although it is anticipated that when the
Special Service Area is substantially occupied and qualified for rated bonds, the bonds issued
pursuant to the Bond Ordinance may be refinanced provided the interest rate for rated bonds
provides a Special Service Area Tax that will be lower than the Special Service Area Tax
payable prior to such refinancing.
(c) It is anticipated that the Special Service Area Tax may be included in the regular real
estate tax bills for the Home. If the Special Service Area Tax is billed separately, then it may be
billed at different times than regular real estate taxes.
(d) That the Special Service Area Tax as may be authorized by the Establishing
Ordinance and Bond Ordinance, which accrues on a yearly basis, imposes a lien on the Home
that, if not paid as required in a timely fashion, may eventually result in the foreclosure of that
20
lien(similar to the consequences of becoming delinquent on mortgage payments or general real
estate taxes).
(e) The Purchaser will not object to the validity of the Establishing Ordinance, the Bond
Ordinance and the Special Service Area Tax, including any advertisements, notices, hearings or
actions provided or taken in connection with the adoption of the Establishing Ordinance and the
Bond Ordinance or otherwise, the designation of the Home as part of the Special Service Area
pursuant to the Special Service Area Tax Law, the findings in the Establishing Ordinance and the
Bond Ordinance that the Public Improvements confer a special service benefit on the Home, the
determination that the Public Improvements are of the type that may be financed under the
Special Service Area Tax Law and the determination that the formula for apportioning the
Special Service Area Tax to the Home is rational in light of the special service benefit conferred
upon the Home.
(f) That Purchaser,by taking title to the Home, hereby agrees to accept title subject to
the Special Service Area and all rights and impositions and obligations thereby imposed,
including, without limitation, the Special Service Area Tax, which obligations shall be covenants
running with the land. The Deed that Purchaser will receive pursuant to Paragraph of the
Home Purchase Agreement shall contain a recitation of such covenants, conditions and
restrictions as a permitted exception to title.
(g) That the Special Service Area tax will be levied each year to raise funds which will
be used to make payments which will become due and payable with respect to the Bonds during
the year in which the tax payment becomes due. Thus, for example, the real estate tax bill for the
Home for calendar year , which will be issued and will become payable in , will
contain a line item for Special Service Area taxes in the amount of$ which will
be used to make payments with respect to the Bonds which will become due and payable in
. Since the Purchaser is responsible for Purchaser's share of Bond payments for the period
from and after the Closing Date, and since the taxes for the year prior to the year in which the
Closing Date occurs are levied to cover this obligation, at Closing, the Purchaser will be required
to pay to Seller a prorata portion of the Special Service Area Tax on the Home for the year prior
to the year in which the closing occurs, prorated from the Closing Date to the end of the year.
Also, because all of the Special Service Area taxes levied with respect to the Home for the year
of closing will be levied to pay amounts attributable to, and which become payable during, the
year after the year of closing, the Purchaser will be required to pay all of the Special Service
Area Tax levied on the Home for the year of closing which are due and payable in the following
year and Seller will give no proration credit to Purchaser at Closing for any such Special Service
Area Tax.
(h) This Rider shall be incorporated into and be deemed an integral part of the Home
Purchase Agreement. In the event of any conflict between this Rider and the Home Purchase
Agreement, the terms of this Rider shall control.
21
(i) Any term capitalized but not otherwise defined in this Rider shall have the meaning
ascribed to it in the Home Purchase Agreement to which this Rider is attached.
Dated: , 200
PURCHASER: SELLER:
CONCORD HOMES, INC.
By:
Its:
30034\076\Public Infrastructure Agreement For SSA.doc
22
06/11/2003 14 13 FAX 630 553 5764 DANIEL J KRAMER Z002/004
rel 1)(' = )
STATE OF ILLINOIS ) Drafted 6/6/03
) ss.
COUNTY OF KENDALL )
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2003-08 AN
ORDINANCE ADOPTING THE INTERNATIONAL RESIDENTIAL CODE
FOR ONE AND TWO-FAMILY DWELLINGS
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, had previously determined it necessary to adopt the International
Residential Code for One and Two Family Dwellings within the United City of Yorkville in order to
preserve the heath, safety and well being of its citizens;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, had previously determined that certain sections within the International
Residential Code for One and Two Family Dwellings were in need of revisions and clarification;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor
and City Council, had previously determined that it is in the best interests of the community to
amend Section R314.2 Treads and risers;
WHEREAS,through a scriveners error Section R314.2(a)was drafted with the incorrect riser
height;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Section R314.2(a) Treads and risers of the above referenced adaptation of the
International Residential Code for One and Two Family Dwellings is hereby amended to read as
AM
06/11/2003 14: 13 FAX 630 553 5764 DANIEL J. KRAMER Q1003/004
follows:
(a) "7 '/a inch riser(196 mm)height---10 inch (254 mm) tread depth"
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
, 2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of ,A.D. 2003.
MAYOR
06/11/2003 14: 13 FAX 630 553 5764 DANIEL J. KRAMER 1004/004
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2003.
Attest:
CITY CLERK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
06/13/2003 14 15 FAX 630 553 5764 DANIEL J. KRAMER Z002/028
l �.. _
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND MENARD,INC.,
DEVELOPER AND OWNER OF RECORD
(THE MENARDS RESIDENTIAL SUBDIVISION)
NOW COMES, MENARD,INC.,a Wisconsin Corporation,OWNER/DEVELOPER of
certain real properly described in the attached Exhibit"A",and the UNITED CITY OF
YORKVILLE,an Illinois Municipal Corporation,who hereby enter into this Annexation and
Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning
and Annexation and drawings submitted therewith,including the approved Preliminary Plan of
Subdivision to be approved by the City Council of the United City of Yorkville upon the
following terms and conditions and in consideration of the various agreements made between the
parties they agree as follows:
1. WHEREAS, each parry agrees that it is in the best interests of the OWNER/
DEVELOPER and the CITY to annex and develop the subject real property described in the
attached Exhibit''A''as a Planned Unit Development establishing a unique open space character
and to provide for the orderly flow of traffic in the development and to adjoining real property;
and
2. WHEREAS, each party agrees that it is in the best interest of the local
governmental bodies affected and the OWNER/DEVELOPER to provide for specific
06/13/2003 14 . 15 FAX 830 553 5764 DANIEL J KRAMER 0 003/028
performance standards in the development of the subject property; and
3. WHEREAS,each party agrees that a substantial impact will be had on the
services of the United City of Yorkville and the Yorkville Community School District#l15 by
development of said real property; and
4. WHEREAS,the OWNER/DEVELOPER have agreed to perform certain
requirements made by the United City of Yorkville.
5. WHEREAS,the subject real property is located contiguous to the corporate
boundaries of the CITY and is not within the corporate boundaries of any other municipality; and
6, WHEREAS,the OWNER/DEVELOPER desires to annex the said real property
described in the attached Exhibit"B"into the CITY, its Plan Commission has considered the
Petition,and the City Council has heretofore both requested and approved the proposed land use
and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and
7. WHEREAS, all parties to this Agreement desire to set forth certain terms and
conditions upon which the land heretofore described will be annexed to the CITY in an orderly
manner; and
8. WHEREAS,OWNER/DEVELOPER and its representatives have discussed the
proposed annexation and have had a Public Hearing with the Plan Commission as to the
annexation and the City Council as to this Agreement, and prior to the execution hereof,notice
was duly published and a public hearing was held to consider this Agreement, as required by the
statutes of the State of Illinois in such case made and provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
2
06/13/2003 14 : 15 FAX 830 553 5764 DANIEL J. KRAMER 0 004/028
herein contained,the parties agree,as follows:
A. The Subject Property in the attached Exhibit"B"shall be annexed to the United
City of Yorkville and zoned in conformance with each unit or zoning set forth in the approved
,.(Deleted' and Preliminary Engineering
Preliminary Planned Unit Development Plan,consisting of a Concept Plant copies of which are
attached hereto and incorporated herein as Exhibit"E"and made a part hereof, providing for R-2
One-Family Residential District, and shall be developed in general conformance with the
approved Concept Plan of Subdivision attached hereto and incorporated herein by reference as
part of Exhibit"E";the legal description for the R-2 One-Family Residential District being
attached hereto and incorporated herein as Exhibit"D";the subject property described in the
attached Exhibit"D"shall be annexed to the United City of Yorkville and zoned in conformance
with each unit or zoning set forth in the approved Preliminary Planned Unit Development Plan,
,.{Del eteer and Engineering
consisting of a Concept Plan, copies of which arc attached hereto and incorporated herein as
Exhibit"E"and made a part hereof,providing for R-3 Multifamily Residential District,and shall
be developed in general conformance with the approved Concept Plan attached hereto and
incorporated herein by referenced as part of Exhibit"E";the legal description for the R-3
Multifamily Residential District being attached hereto and incorporated herein as Exhibit"F".
The Subject Property shall further be developed and improved according to the Preliminary
Landscape Plan,a copy of which is attached hereto and incorporated herein as Exhibit"C.I".
,•{Deleted:'ask-family
B, That?reqs of the development shall be governed by the following performance
standards which shall when in conflict with the City Subdivision Control Ordinance shall take
precedence:
3
06/13/2003 14 15 FAX 630 553 5764 DANIEL J. KRAMER [2005/028
I. The average lot sizes fol the single family area of the development shall be
a minimum of 12,000 square feet with lot sizes generally following the lot
sizes set out and calculated on the approved Preliminary Plat as set out in
the attached Exhibit"C".
Formatted:Indent:Left: 1", •
2. Theortion of the oropertzoned R-2 Sinitle Family Residential and the Hanging; os`,Outline numbered+
p y Level;2+Numbering Style:1,2,3,
+start at:1+Alignment;Len+
portion Qf the property zoned R-3 Multifamily Residential District,only a Aligned at o"+lab ager o^+
Indent at: 0",Tabs: 1.5",List tab
Concept Plan is approved hereby:and DEVELOPER and OWNER shall
be re.uired to submit a Prelimina Plat.n. Final Plat as well as comply
with all requirements of the CITY Planned Unit Development Ordinance.
. • Formatted:Bullet;and Numbering
•
3. Front and side yard setbacks shall be in conformance with the standards
set forth in the City Zoning and Subdivision Control Ordinance currently
in effect at the date of execution of this Agreement by the CITY unless
otherwise modified by this Agreement or the approved Preliminary Plat.
4. Rear yard setbacks shall be in conformance with the standards set forth in
the City Zoning and Subdivision Control Ordinance currently in effect at
the date of execution of this Agreement by the CITY unless otherwise
modified by this Agreement or the approved Preliminary Plat.
5. The CITY agrees to allow the following signage to be used in the
development as set out in the attached Exhibit"G":
Project signs: OWNER/DEVELOPER shall be allowed three
project signs at each location. Said signs can be two-sided with a
4
06/13/2003 14. 15 FAX 630 553 5784 DANIEL J. KRAMER /2006/028
maximum area of 120 square feet per side and a maximum height of
fifteen feet. OWNER/DEVELOPERS shall be permitted to place said
signs on their adjoining B-3 site,
Neighborhood signs: OWNER/DEVELOPER shall be allowed
in conformance with the standards set forth in the City Zoning and
Subdivision Control Ordinance currently in effect at the date of execution of
this Agreement by the CITY unless otherwise modified by this Agreement or
,{Delated:Plot 2
the approved Preliminaryplat,
6. That the OWNER/DEVELOPER shall be permitted to construct five(5)
model and/or speculative homes,which shall be in conformance with the
standards set forth in the City Zoning and Subdivision Control Ordinance
currently in effect at the date of execution of this Agreement, in the R-2
Single Family Residential District prior to the full completion of the
infrastructure improvements and upon execution of a Hold Harmless
Agreement with the CITY and the BRISTOL-KENDALL FIRE
,.(Fematted:No underline )
DEPARTMENT. ,No occupancy permit shall be granted for said homes
Deleted:
until they arc fully served by municipal utilities and at least a binder , (Formatted:No underline
Tormattad:No underilne
.course of asphalt is in place on the street in front of the homes.
7. The specific variations and deviations from the CITY's ordinances,rules,
and codes as set forth in Exhibit"H"attached hereto have been requested,
approved and are permitted with respect to the development,construction,
5
08/13/2003 14 15 FAX 830 553 5764 DANIEL J KRAMER Z 007/028
and use of the Subject Property("Permitted Variations").
..(ronTiattell:Highlight
'""" ............
UM/6A,Gfaiaiiei thxrkififid'coNA4ii6i i6i4AStitelthvikg
deeded tCiilitgOed itiV;YoikviAe; f*a;r4iiti.OfuiSt NtMifrOf
cpilOilidia'14PAYOmied'ik‘es'
the oyebt-vEptiftRshaP cesRonsib8iops tiniteciitA0?Yiaripas„
ie'tly4,Te0,iiiiki:!4"'ph 46646 •
1,4nOditilibidin416 effect,asiiS•Pe'd'i We'd in,Sedarrii the datOtinal,PlaiikaiVs
One-Fair4Aeicdential
01#61i6";;61;,et'40.48131W;it
Attari $,Oail,i1G:21#1 ,44,744tcl ttviiiig4064a
CFormattad:Highlight
SChoolinstg;'4,1,15, i;4410,,"tsgOriailaiiiNIG"kem'usika lialli44ri3ttit1Sij{ r_ss_i,490i1ij
with,andifkiOi4 iMe iss0Pg0Pla
ft!1.14 ,11i0,i,ii'dlYiAl"t4i; ;ctey,
D. In order to facilitate maintenance of all common areas, detention facilities and common
subdivision monument signage OWNERJDEVELOPER shall form an Illinois Not-For-Profit
Corporation and provide an initial estimated budget,by-laws and assessment terms creating a
mechanism for said open space improvements maintenance prior to or simultaneous with the first
6
•
06/13/2003 14 15 FAX 630 553 5764 DANIEL J KRAMER Z008/028
Final Plat of Subdivision being approved by the City Council.
In order to provide for the maintenance of open space and trail areas
OWNERS/DEVELOPER agrees to execute a consent to thc creation of a Special
Tax Service Area and have approved Ordinances encumbering all residential units
rrDd�DlO:
of said subdivision,in the event the Homeowners Association for Menurcl.
Residential Subdivision fails to carry out its maintenance responsibilities.
That thc development of said property shall be subject to approval of all
Ordinances of the CITY;Preliminary Plat of Subdivision,engineering consultant
approval by CITY staff or outside review engineering as elected by the CITY and
Final Plat approval by the City Council in conformance with the United City of
Yorkville Zoning Ordinance Subdivision Control Ordinance,City Reimbursement
of Consultants and of Review Fees Ordinances,City Land-Cash Ordinance, City
School Transition Fee Ordinance, and City Development Fee Ordinance,which
have been voluntarily contracted to between the parties and agreed to by
OWNER/DEVELOPER as a condition of approval of the Planned Unit
Development Agreement. OWNER/DEV ELOPER, except to the extent varied by
this Agreement,the Preliminary Plat and Final Plat of each unit of the
subdivision, shall comply with all requirements as set out in the United City of
Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time
commencement of construction is initiated. No change in the United City of
Yorkville Zoning Ordinance,Subdivision Control Ordinance,City
7
06/13/2003 14 : 15 FAX 630 553 5764 DANIEL J KRAMER 009/028
Reimbursement of Consultants and of Review Fees Ordinance, City School
Transition Fee,and City Development Fee, which have been enacted subsequent
to the execution of this Agreement shall alter the lot sizes,setbacks,performance
standards, or other standards or requirements for this Development except as
provided for in those Ordinances in effect at the time of execution of this
Agreement. Developers,however,will be bound by changes in BOCA building
codes,building material changes and the like that may be enacted by the CITY,so
long as the same are applied in a nondiscriminatory manner throughout the CITY.
In the event any modifications or amendments occur in the United City of
Yorkville Subdivision Control Ordinance or other Ordinances of the CITY
affecting the subdivision that benefit OWNER/DEVELOPER, said modifications
shall be effective as to the subdivision in the event OWNER/DEVELOPER desire
to take advantage of any modifications or amendments that are enacted by the City
Council after the date of execution of this Agreement.
E. The OWNER/DEVELOPER shall pay Three Thousand Dollars($3,000.00)as
School Transition fees per residential dwelling unit in said subdivision for both the areas of the
real property zoned R-2 Single Family Residential District and R-3 Multifamily Residential
District,to the Yorkville Community School District 14115,One Thousand Two Hundred Dollars
($1,200.00)in Development fees per residential dwelling unit to the United City of Yorkville,
and other fees to the United Ciry of Yorkville in conformance with the City Ordinances or as
modified herein. Said Transition,development, and other fees shall lze!laid on a per dwelling
8
06/13/2003 14 15 FAX 630 553 5764 DANIEL J. KRAMER 11010/028
unit basis residence concurrent with and prior to the issuance of each respective subject single-
family building permit. Said fees are being paid voluntarily and with the consent of
OWNER/DEVELOPER based upon this contractual agreement voluntarily entered into between
the parties after negotiation of this Agreement. OWNER/DEVELOPER knowingly waives any
claim or objection as to amount of the specific fees negotiated herein voluntarily, No School
Transition Fees,or School-Park Land Cash Fees shall be charged on any real property zoned for
business or manufacturing purposes under the terms of this Agreement.
F. Utilities and Public Improvements. That On-Sitc infrastructure construction and
engineering shall be governed by the standards contained in the Yorkville Subdivision Control
Ordinance and other applicable Ordinances unless specifically addressed in the following,in
which case this Agreement shall control:
1. Roadway right-of-ways,widths of streets,and roadway construction
standards shall comply with the requirements as set out on the approved
Preliminary Plat and each phase of the Final Plat.
2, Sanitary Sewer Facilities. DEVELOPER shall cause the Subject Property,
to be annexed to the Yorkville-Bristol Sanitary District("Yorkville
Bristol"or"YBSD")for the purpose of extending and connecting to the
sanitary sewer lines and treatment facilities of 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
9
06/13/2003 14 18 FAX 630 553 5764 DANIEL J. KRAMER 011/026
Final Engineering as approved by the CITY for each Phase of
Development. The CITY shall fully cooperate with OWNER and
DEVELOPER in obtaining such permits as may be required from time to
time by both federal and state law,including,without limitation,the
Illinois Environmental Protection Act,permitting the construction and
connection of the sanitary sewer lines to the Yorkville-Bristol facilities,in
order to facilitate the development and use of each Phase of Development
of the Subject Property. The sanitary sewer mains constructed by
neletsd7 twelve
DEVELOPER for each Phase of Development which are firicer%(I vetetso,i
inches or more in diameter("Large Lines")shall be conveyed to
Yorkville-Bristol and Yorkville-Bristol shall take ownership of and,at its
expense,be responsible for the ongoing care,maintenance,replacement
and renewal of said Large Lines,and the sanitary sewer lines which are
smaller than fifteen inches in diameter("Small Lines")shall be conveyed
to the CITY and the CITY shall take ownership of and,at its expense, be
responsible for the ongoing care,maintenance,replacement and renewal of
said Small Lines following the CITY's acceptance thereof,which
acceptance shall not be unreasonably denied or delayed.
3. In the event the CITY requires OWNER/DEVELOPER to oversize water
mains,sanitary sewer mains,or storm sewer lines, the parties shall enter
into a written agreement specifically providing that said costs shall be
10
06/13/2003 14 16 FAX 630 553 5764 DANIEL J KRAMER 1012/028
reimbursed by the CITY,or be the subject of a Recapture Agreement and
Recapture Ordinance in favor of OWNER/DEVELOPER before
OWNER/DEVELOPER is required to perform any oversizing.
4. Any storm water detention facility constructed on-site shall comply with
the requirements as set out on the approved Preliminary Plat,Preliminary
and Final Engineering Plans approved by the City Engineer,
5. That off-site improvements for the provision of water,sanitary sewer and
other utility and infrastructure services shall be provided by
OWNER/DEVELOPER according to the City Subdivision Control
Ordinance. Ager the installation of improvements by
OWNER/DEVELOPER,the United City of Yorkville shall deliver to the
subdivision site potable water characterized by such minimum flows and
pressures as required by the Illinois Environmental Protection Agency.
6. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of
a Recapture Ordinance for any off-site sanitary sewer or water main
improvement or on-site sanitary sewer or water main improvement
benefiting future users that are contiguous or within a reasonable service
area of the subject subdivision Any recapture shall be done by Ordinance
after the CITY has reviewed Engineer's drawings,pursuant to the
Engineer's Estimate of Cost and Actual Cost of the Improvements
submitted by OWNER/DEVELOPER,and approved by a majority vote of
11
06/13/2003 14 16 FAX 630 553 5764 DANIEL J. KRAMER 013/02B
the City Council.
7. OWNER/DEVELOPER and CITY agree that easements are necessary for
off-site improvements to serve said property with utility and municipal
services. The United City of Yorlcville hereby agrees to use its best
efforts,including condemnation,to assist the OWNER/DEVELOPER in
the acquisition of easements or permission to use casements from Bristol
Township,Kendall County and the State of Illinois. The actual cost of
acquisition of any casement shall be at the expense of
OWNER/DEVELOPER.
G. The Annexation and Planned Unit Development being approved,as part of this
Agreement shall be constructed in substantial conformance with the Preliminary Plat attached
hereto and incorporated herein as Exhibit"C". Deviations from this Agreement shall be allowed
only if approved by majority vote of the City Council, or upon City Engineer's approval as to
technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Final
Engineering and Final Plats to provide the buffering and screening agreed to as set out in the
Preliminary Landscape Plan for the Subject Property.
H. 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
12
06/13/2003 14 : 16 FAX 630 553 5764 DANIEL J KRAMER 0 014/023
engineering plans("Final Engineering")for a Phase of Development,which substantially
conform with the Preliminary Plans as to such Phase of Development,the CITY shall promptly
approve such Final Plat so longi as it is in Substantial c inibrinily with the,1pprllvcd Prelirninnr '
Plan. and that 1.)1LLUI'FR is nut iii material breach ordel'ault as ti),iiiv.Lorins ofthis
norcement,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(1)the posting of the
applicable Security Instruments, as defined in Paragraph I of this Agreement, for such Phase of
Development,(ii)the payment of applicable fees to the CiTY as provided for in this Agreement
and(iii)the procurement of such approvals as may be required by other governmental authorities
with jurisdiction thereover. The Final Plat,Final Landscape Plan and Final Engineering arc
referred to herein collectively as the"Final Plans". Concurrent with and prior_tn t rAintt a
Final flat the CITY's review of Final Plans for a Phase of Development DEVELOPER shall
submit to,114 CiTY fr+r-+ts shall review a copy of the Declaration of Covenants,Restrictions and
Easements(or similarly named document)("Declaration")which will be used by DEVELOPER
to establish the covenants,conditions and restrictions for such Phase of Development. The
Declaration shall provide for the authority of DEVELOPER and/or the CiTY to establish an
association or associations of homeowners(each a"Homeowners Association")which shall have
Primary Responsibility, as defined in Paragraph L thereof, for the ownership,care and
maintenance of the common open space areas within the Subject Property as listed in Exhibit"1"
attached hereto("Common Facilities")and the collection of assessments from the association
13
06/13/2003 14 16 FAX 630 553 5764 DANIEL J. KRAMER Z015/028
members to defray the cost thereof. The Declaration shall be recorded against each Phase of
Development simultaneously with the recurdintigfihe Final Plat lot each Phase of Development.
The SSA, as defined in Paragraph L of this Agreement,shall be utilized by the C1TY to carry out
the Secondary Responsibility, as defined in said Paragraph L,to fund the cost of maintaining the
Common Facilities,
Security Instruments.
1. Posting Security. DEVELOPER shall deposit,or cause to be deposited,
with the CITY such irrevocable letters of credit,contractor's performance bonds
or surety 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"K",attached hereto. The City,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
ADeteted:wenry )
to one hundred tmpercent(110%)of the cost to complete the remaining public
improvements for the applicable Phase of Development. The Security
14
06/13/2003 14. 16 FAX 630 553 5764 DANIEL J. KRAMER /2016/028
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.
2. Release ofljndereround. 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.
3. Release of Streets. Upon completion of staet and related road
im,nroyemenlsineach Phuse of 1)cvolpl?n?eni: and acceptance by the City,
mincer,DEN/ELOPER shall beentitle I�to_u.relcusc or appropri reduction of
any applicahlc Sccurity Instaument,.sul?j.0 to a maintenance Seeority.ln.etrnment
retuaininMace for a une vent period from the date of acceptance b1'tho LITY
in confornmance with the City5ubdivision Control Ordit(use.
4. 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.
15
06/13/2003 14 • 16 FAX 630 553 5764 DANIEL J. KRAMER a 017/028
1, AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the
CITY,including, without limitation those pertaining to subdivision controls,zoning,storm water
management and drainage,building requirements, official plan,and related restrictions,as they
presently exist,except as amended,varied,or modified by the terms of this Agreement, shall
apply to the Subject Property and its development for a period of five(5)years from the date of
this Agreement.Any Agreements,repeal, or additional regulations which are subsequently
enacted by the CITY shall not be applied to the development of the Subject Property except upon
the written consent of DEVELOPER during said five(5)year period. After said five(5)year
period,the Subject Property and its development will be subject to all ordinances,regulations,
and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,
provided, however,that the application of any such ordinance,regulation or code shall not result
in a reduction in the number of residential building lots herein approved for the Subject Property,
alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided
lot or structure constructed within the Subject Property being classified as non-conforming under
any ordinance of the CITY. The foregoing to the contrary notwithstanding,in the event the
CITY is required to modify,amend or enact any ordinance or regulation and to apply the same to
the Subject Property pursuant to the express and specific mandate of any superior governmental
authority,such ordinance or regulation shall apply to the Subject Property and be complied with
by DEVELOPER,provided,however,that any so called"grandfather"provision contained in
such superior governmental mandate which would serve to exempt or delay implementation
against the Subject Property shall be given full force and effect.
16
08/13/2003 14: 16 FAX 630 553 5764 DANIEL J. KRAMER a 01R/028
K. 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.
L. SPECIAL SERVICE AREA
1. Establishment and Purpose. OWNER and DEVELOPER and their respective
successors,assignees and grantees,shall not object to and agree to cooperate with the CITY in
establishing a special service area("SSA")for the Subject Property to be utilized as a primary
funding mechanism for the care and maintenance of the Common Facilities. Subject to the
provisions of Paragraph L.2 of this Agreement,the CITY shall provide for the regular care,
maintenance,renewal and replacement of the Common Facilities("Common Facilities
Maintenance"),including,without limitation,the mowing and fertilizing of grass,pruning and
trimming of trees and bushes,removal and replacement of diseased or dead landscape materials,
the repair and replacement of fences and monument signs,the repair and maintenance of private
roadways within the Subject Property so as to keep the same in a clean,sightly and first class
condition, and shall utilize the SSA to provide sufficient funds to defray the costs,including
administrative costs not to exceed one hundred and fifteen percent(1 15%)of such maintenance
costs,thereby reasonably incurred by the CITY and to establish reserve funds for future repairs
17
08/12/2003 14 16 FAX 630 553 5764 DANIEL J. KRAMER a 019/028
and replacements as reasonably determined by the CITY to be appropriate. The CITY,through
and under the SSA,shall have the pnmary responsibility and duty to carry out the Common
Facilities Maintenance("Primary Responsibility"). The SSA shall provide for the authority of
,•(Deleted:or.dollar end too _ )
the CITY to levy up to f ill cents($.50)per$100.00 of assessed valuation("Rate Cap")to fund
the payment of the aforesaid costs and expenses. In the event the CITY is prevented by law from
collecting funds under the SSA in the manner contemplated herein,a Homeowners Association
established by DEVELOPER or the CITY, as the case may be,pursuant to the terms of the
Declaration shall assume full responsibility for carrying out and paying for,through assessments
levied against all dwelling units in the Subject Property, the Common Facilities Maintenance
("Secondary Responsibility"). Subject to the provisions of Paragraph L.2 of this Agreement,
the Common Facilities shall be conveyed to and owned by the CITY so long as the SSA remains
in force and effect. In the event the Common Facilities Maintenance is subsequently transferred
to the Homeowners Association,the CITY may elect to convey all or a portion of the Common
Facilities to the Homeowners Association. In any event,a maintenance easement("Common
Facilities Maintenance Easement")shall be established over all of those Common Facilities
located on the Final Plat for each Phase of Development in favor of the CITY and any future
Homeowners Association which undertakes responsibility for the Common Facilities
Maintenance. The substance of the Common Facilities Maintenance Easement shall be as
approved by legal counsel for the CITY and DEVELOPER,which approvals shall not be
unreasonably withheld.
2. Implementation. Anything contained in Paragraph L.1 of this Agreement to the
18
OG/13/2003 14 16 FAX 630 553 5764 DANIEL J KRAMER Z 020/028
contrary notwithstanding, up to the issuance by the CITY of eighty-five percent(85%)of the
occupancy permits for the entirety of the Subject Property("Initial Build-Out Period")the
Common Facilities shall be owned by DEVELOPER and the Common Facilities Maintenance
shall be carried out by or under the direction of DEVELOPER. DEVELOPER shall cause a
declaration of covenants,conditions and restrictions("Declaration")to be recorded against the
Subject Property,either in its entirety or incrementally with each Phase of Development,which
shall provide, among other things, for the establishment of an association of all lot owners within
the Subject Property("Association")and the mandatory membership of all lot owners in the
Association. The cost of carrying and administering the Common Facilities Maintenance during
the Initial Build-Out Period shall be paid through assessments levied by the DEVELOPER
through the Association against the members of the Association,with any annual shortfall in the
monies thereby generated funded by DEVELOPER or us otherwise..et forth in the Declaration.
At the end of the Initial Build-Out Period,which shall automatically occur upon the issuance of
eighty-five percent(85%)of the occupancy permits for all of the dwelling units approved
hereunder for development within the Subject Property,the Common Facilities shall be conveyed
to the CITY and the CITY shall accept title to the Common Facilities,provided DEVELOPER
has properly carried out the Common Facilities Maintenance prior thereto. The CITY shall
thereafter carry out the Common Facilities Maintenance utilizing the SSA for the funding
thereof,as provided in Paragraph L.1 of this Agreement. DEVELOPER shall have no further
liability or responsibility for the Common Facilities Maintenance following the end of the Initial
Build-Out Period. The SSA shall expressly provide for the deferral of its implementation in
19
06/13/2003 14 17 FAX 630 553 5764 DANIEL J KRAMER 021/028
conformity with the provisions of this Paragraph L.I.
3. Improvements Special Service Area(SSA or SSM. CITY,OWNER and
DEVELOPER and their respective successors,assignees and grantees,agree to cooperate in
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"L".
M. GENERAL PROVISIONS.
I. Enforcement. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the panics or their successors or assigns by an ap-
propriate action at law or in equity to secure the performance of the covenants and
agreements contained herein,including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
2. Successors and Assign. 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
• 20
06/13/2003 14 : 17 FAX 630 553 5764 DANIEL J KRAMER 2)022/023
purchaser of a lot improved with a dwelling unit who acquires the same for
residential occupation,unless otherwise expressly agiced in writing by such
purchaser.
3. 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.
4, Notices. Any notices required hereunder shall be in writing and shall be
served upon any other party in writing and shall be delivered personally or sent by
registered or certified mail,rctum receipt requested,postage prepaid,addressed as
follows:
If to the CITY: United City of Yorkville
Mayor Arthur F.Prochaska, Jr.
Ill W. Fox,Ste,3
Yorkville,IL 60560
With a Copy to: United City of Yorkville's Attorney
Law Offices of Daniel J. Kramer
1107A.S.Bridge St.
Yorkville,IL 60560
If to the OWNER/DEVELOPER:
Pat Flynn
Menard Properties
2I
06/13/2003 14 17 FAX 630 553 5764 DANIEL J KRAMER f j023/023
4777 Menard Dnve
Eau Claire, WI 54703
with a Copy to:
Mark Baker
SEC Planning Consultants
14205 Burnet Rd.,Suite 640
Austin,TX 78728
Attorney Paul H.Mahler
4777 Menard Drive
Eau Claire,WI 54703
Or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
5. Severability. This Agreement is entered into pursuant to the provisions of
Chapter 65,Sec.5/11-15.1-I,et seq., Illinois Compiled Statutes(2002). In the
event any part or portion of this Agreement,or any provision,clause,word,or
designation of this Agreement is held to be invalid by any court of competent
jurisdiction,said part,portion,clause,word or designation of this Agreement shall
be deemed to be excised from this Agreement and the invalidity thereof shall not
effect such portion or portions of this Agreement as remain. In addition,the
CITY,OWNER, and DEVELOPER shall take all action necessary or required to
fulfill the intent of this Agreement as to the use and development of the Subject
Property.
6. Agreement This Agreement,and any Exhibits or attachments hereto,may
be amended from time to rime in writing with the consent of the parties,pursuant
22
06/13/2003 14 17 FAX 630 553 5764 DANIEL J. KRAMER E 024/028
to applicable provisions of the City Code and Illinois Compiled Statutes. This
Agreement may be amended by the CITY and the owner of record of a portion of
the Subject Property as to provisions applying exclusively thereto,without the
consent of the owner of other portions of the Subject Property not effected by such
Agreement.
7, Conveyances, Nothing contained in this Agreement shall be construed to
restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or
any portion of the Subject Property,whether improved or unimproved.
8. 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.
9. 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.
10. Captions and Paragra b Headint s. The captions and paragraph headings
23
06/13/2003 14 17 FAX 630 553 5764 DANIEL J KRAMER V1025/028
used herein are for convenience only and shall not be used in construing any term
or provision of this Agreement.
11. Recording. This Agreement shall be recorded in the Office of the
Recorder of Deeds,Kendall County, Illinois,at DEVELOPER's expense.
12. 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.
13. 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 samc document.
14. No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for within any opened phase due to any CITY
imposed moratorium and shall in no event unreasonably withhold approval of said
permits or approval for the Final Plat of any Phase of the subdivision. Nothing
contained herein shall effect any)imitati,tln$imposed as to sanitary sewcrs,rwater
maia extensions by the Illinois Etr ironm4ti it Protection Agency. or Yorkville-
Bristol Sanitary District. (Please include language stating that the City has
adequate water sources/availability to serve the Dcvclopmentl
15. 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
24
06/13/2003 14 17 FAX 630 553 5764 DANIEL J KRAMER Z 026/028
hereto.
16. Exculpation. Itis agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having jurisdiction over '
the Subject Property,the CITY,the DEVELOPER, or OWNERS,including, but
not limited to, county,state or federal regulatory bodies.
IN WITNESS THEREOF,the undersigned have hereunto set their hands and seals this
thy of, 20.
UNTIED CITY OF YORKVILLE,
Kendall County, Illinois
By;
MAYOR
Attest!
CITY CLERK
OWNER/DEVELOPER:
MENARD PROPERTIES
By:
Pat Flynn •
Attest:
Dated:
25
06/13/2003 14: 17 FAX 630 553 5764 DANIEL J. KRAMER fj027/028
Prepared by:
Law Offices of Daniel J.Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630,553.9500
26
06/13/2003 14: 17 FAX 630 553 5764 DANIEL J. KRAMER Z 028/028
EXHIBIT LIST
Exhibit"A" - Full legal description
Exhibit"B" - Depiction and Legal Descriptions of Zoning and Annexation J'arccls f Deleted:Pr c is
Exhibit"C" - Preliminary Plat of Subdivision
Exhibit"C-1" - Preliminary Landscape and Engineering Plans
Exhibit"D" - R-2 One-Family Residential District legal description
Exhibit"E" - Concept Plan of Subdivision
Exhibit"E - R-3 General Residence District Legal Description
Exhibit"G - Project Signage
Exhibit"H" - Permitted Variations and Design Standards
Exhibit"I" - School land-cash contribution letter
Exhibit"J" - Common Facilities
Exhibit"K" - Form Letter of Credit
Exhibit"L" - Special Tax Bond Policy
27
08/13/2000 12:58 FAX 102
Ci.7.-‘") Yorkville National Bank
Old Second
June 13, 2003
United City of Yorkville
c/o Traci Pleckham, Finance Director
800 Game Farm Road
Yorkville, IL 60560
Fax: 630-553-7575
RE: Financing of two (2) police cars with equipment
Dear Traci:
The Yorkville National Bank is pleased to provide you a proposal t finance two (2)
police cars with equipment. The following rate and terms are being ,>ubmitted:
Loan Amount # of Years and Payments Rate 'aliment
$46,000.00 2 3.15% ;24,109.66/annually
$46,000.00 3 3.30% ;16,372.09/annually
Any additional fees and costs that would occur in conjunction with lie financing would
be passed on to the City. The bank would require a copy of the Re: 'lution passed by the
City authorizing the city to purchase the vehicles and borrow the n( :essary dollars along
with the designation of the signers for the loan. The bank would re dire annual financial
statements from the City of Yorkville.
Thank you for the opportunity to bid on the financing of the vehicle . If you have any
questions or need to discuss this further feel free to contact me at(f ,0) 553-4230.
Sincerel
Darald Nelson
Vice President
112 F Vau Emnion Si.Yorkville.160550-0669(53U-553-433U Fux:63U-551-77431 408 F.Cnunnysuic Pkwy.Yorkville,P ,0560.11161[610-551-4240 Fax:630553-5161)
6800 W Roucc 34(in Wal-Mart Sopercem ir)Plano,IL 60545-9603[630-552-1265 Fax:6311-552-46451•32.3 E Nnrris Dr,Or' L 61350-1518[B15-4334433 Fax:815433-49041
410 E Church Si.Sandwich,IL 60548-2380(815-786-2265 Fax:11 5-786-14' 1
uww o2bancorp cam —
mcmna mq.
06/12/2003 13:20 FAX 630 553 6422 CASTLE BANK YORKLfILLE / . . 1 la 002
Ill
br
1 Lrtr
Castle Bank N.A.
— www.castlebank.com —
June 12, 2003
Traci Pleckham
Finance Director
United City of Yorkville
804 Game Farm Road
Yorkville, IL 60560
Dear Traci,
Thank you for the opportunity to bid on the police department's loan for the purchase of
new squad cars and associated equipment. Our bank certainly appreciates the
relationship that we have had with the city in the past, and would like to be of assistance
on this transaction. In that regard, we would propose doing the loan for the city, as
presented on your fax of June 10, 2003 according to the following terms.
Rate: Option: 1) 3.50% fixed for 2 years
2) 3.80% fixed for 3 years
Payment Schedule: Option 1
May 1, 2004 - S24,126.73
May 1, 2005 - S24,126.73
Option 2
May 1, 2004 - $16,452.45
May 1, 2005 - $16,452.45
May 1, 2006 - S16,452.45
I have assLuned a funding date as of June 17, 2003. A later funding date would make the
payments on both options lower. ff 1 am incorrect in my understanding of your request,
or you should have any questions about this, please contact me here at the bank.
Sincerely
A.
Philip Haugen
Vice President
806 Countryside Center 100 W. Church SI. SOS W.Route 34 36 E.Galena Blvd.
YOrkv111c,IL 80560 Sandwich,IL 60548 Plano,IL 60545 Sugar Grove.IL 60554
(630)553-6533 (81.51 7116.8461 .(630)552.1442 1630)466-1192
Fax 1530)553.6422 Fax(815)786.6539 pax(630)662.5710 Fax(630)466-1193
A N.
r�
UNITED CITY OF
YORKVILLE
Memo
To: Mayor& CityCounci,
From: Tory- ruff w ,
CC: Atty. Kramer, Atty. Rogers, & Staff
Date: 6/13/03
Re: Employee Manual — Revisions
The revisions were completed to the Section 3.10 Workplace Inspection as
recommended. Also, the supervisor training was conducted on June 9th and while
reviewing the manual and applying practical scenarios the staff observed a conflict
within section titled "Selection." The conflict was the hiring practice the last 4-5years
has been once the city council approves the position and authorizes the hiring and
the department heads select, interview and hire the applicant. Therefore, Section
2.1.3 Selection has been revised reflecting the common practice and Attorney Abbey
Rogers and the Mayor reviewed this change. Otherwise there are no more
recommended revisions and the staff is recommending approval, if the council is
satisfied with the revisions.
Attachments: Employee Manual Page 4, 5 & 11.
1
United City of Yorkville Employee Manual Final 6-09-03
6-1 1-113 (revised)
Section 1.4.6 Exempt Salaried Employee
An employee paid on a salary basis that works in an executive, administrative or professional capacity
determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act
(FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any
provisions of this Manual,the discipline of such employees shall be in accordance with FLSA
regulations regarding exempt salaried employees.
Section 1.4.7 Non-exempt Employees
An employee who is either paid by the hour or on a salary basis and is not in a position determined by
the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible
for overtime pay.
Section 1.5 Conflict with Other Regulations or Manuals
In the event there is a conflict between the policies contained in this Manual and a collective bargaining
agreement, a current written individual employment agreement, or applicable rules and regulations of
the Board of Fire and Police Commissioners or the Yorkville Public Library, the terms of the agreement
or applicable rules and regulations shall apply. No one other than the Mayor, with the advice and
consent of the City Council, has the authority to enter into a contract contrary to the terms of this
Manual.
Section 2 Personnel Program and Employment Status
Section 2.1_Recruitment,Application, and Selection
Section 2.1.1 Recruitment
It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel
practices to all qualified individuals without regard to race, color, religion, sex, national origin, age,
physical or mental disability, marital status, or any other status protected by law.
Section 2.1.2 Application
Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection
methods will be based wholly on the job related references, aptitude, and adaptability.
Section 2.1.3 Selection
Regardless of the number of applicants, selection methods shall be deemed competitive when the
qualifications required are based upon education, experience and personnel standards established for the
position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply,
and the following procedures will apply to the recruitment of non-sworn personnel:
I lie I)ehtirtnient IIe++d of each department ~hull recommend in writing Io Il►e uplurol)ri++ie
('o+nnuiltee, +ill nhhoi++l+neniti li+r their respective deh+ir(n+ehls. l lie M++vor K the
appointing authority, with the concurrence of ll►e ( 'iiv
4
United City of Yorkville Employee Manual Final 6-09-03
O-I 1-01 (revised)
a.h. When a Bill-time titv non-exempt job vacancy occurs that has been, as approved deemed
necessary by the Mayor and or City Council,the Department Head shall post submit in
writing, t I he a job announcement, stating the title, salary range,job description, manner
of application, and closing date for application. The amiom►rcu►ent shall he submitted to
(lie Mayor to be aSsigneti to the appropriate committee heliire beim posted) or adveitisei.l.
h.e. After reviewing applicant qualifications, and/or holding personal interviews,the
Department Head shall conduct a kicloground check (.Appenix ( ') helore nial.inL' the
e(aRIitional oiler of employ!tient (u reetaiuuend the applicant deemed best suited for
employment with the City. The Department Head inav conduct any other required pre-
enlhioynient screening alter the conditional (fief 01einplo>-mein has been made to the
applicant, such as: medical and/or psychological test Then the I)epa i Intent I lead shall
hire the applicant. will conduct a h<iekrroi+ntI check (Appendix (') as a condition of the
employment offer in concurrence with a recommendation hemp submitted to the Mayor
fur appointment wi(li conctu-rence by (lie ( `ity ('ouncil. 'I he I)epaulinenl I lead will notify
the Finance I)irector of the hiriin and copy the Cit.) \dininistiatur.
c.d. While current full-time City employees are encouraged to apply for appointment to
positions for which they are qualified, the City reserves the right to hire external or
internal applicants for any or all vacant positions. Accordingly, position announcements
may be posted internally and/or advertised before a position is filled.
e. An employee of the City may request, or be requested, to transfer to another position
within the City.
Section 2.2 Personnel Records
Section 2.2.1 Maintenance of records
Department Heads shall maintain personnel records of each employee containing the employee's name,
title, department, starting date, salary, change in employment status,training received, disciplinary
actions, or other such information as may be considered pertinent.
Section 2.2.2 Confidentiality
All employee records shall be considered "CONFIDENTIAL" and shall not be released to outside
parties except where consistent with the Illinois Personnel Record Review Act, 820 ILCS 40/01.01 et.
seq., or as authorized by the individual employee.
Section 2.2.3 Standardized forms
Personnel evaluation, absenteeism, grievances, and other job performance records shall be standardized,
and will apply to all non-sworn city personnel.
Section 2.2.4 Notification process to Finance Director
5
United City of Yorkville Employee Manual Final 6-09-03
()_1 ;__() ; (nuked)
Section 3.9 Political Activity
a. No employee shall use his or her official position of employment to coerce or inhibit
others in the free exercise of their political rights; or engage in political activities while at
work or on duty.
b. Due to the conflict of interest created by employees holding an elected office,the taking
of an oath for any City office shall constitute an employee's resignation from City
employment.
Section 3.10 Workplace Inspections
The City wishes to maintain a work environment that is free of illegal drugs, alcohol, unauthorized
firearms, explosives, or other improper materials. To this end,the City prohibits the possession, sale,
transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of
all employees in administering this policy.
Desks, lockers and other storage devices may be provided for your convenience, but remains the sole
property of the City. The City also reserves the right to conduct searches and inspections of employees,
employees'personal effects or City-provided vehicles, equipment,materials, such as boxes,thermoses,
purses, briefcases, desks, computer files, computers, computer disk, cabinets, file drawers, or packages
without notice. If you refuse to submit to a search or are found in possession of prohibited articles, you
will be subject to disciplinary action,up to and including dismissal. The City is not responsible for loss
of or damage to personal property on the job.
Accordingly, the ('ity' Administrator or ( 'Iticf of Police or their designee may conduct the
inspection with or without prior notice. All administrative/operational inspections shall be
conducted through the authority of the ('ilk Administrator or thief of Police. Where a supervisor
or an employ ee has reasonable suspicion that a criminal ad or threat of violence has or %gill occur
he or she shall contact the local police department immediately. The local police Yyill determine if
the inspection is warranted and conduct such inspection. Only law enforcement personnel will
conduct such inspection. Furthermore, the ( recognizes that the police department has unique
situations that will require an additional more specific inspection procedure %%bleb shall be
approved by the City Council. Any abuse of this provision within the employee manual by any
employee shall be subject to disciplinary action up to termination.
Section 3.11 On-the-Job Safety/Reporting of Accidents
Employees are expected to exercise caution and observe all established safety rules and regulations
applicable to their position and in the operation of tools, equipment and motor vehicles in connection
with City business. (Safety Policy-Appendix H)
The following safety rules apply to all employees of the City:
a. Basic responsibility for safety rests with Department Heads and from them,to their
designated safety representatives, supervisors, and employees, but it is the responsibility
of every employee to become familiar with and adhere to all safety rules and regulations.
11
JUN-10-2003 09:10 FROM-SPEER FINANCIAL 312-346-8833nn T�-866 P.003/004 F-011
� 1� l(/�i - ---•
A
Prs11n/nbry
UNITED CITY OF YORKVILLE
$4,700,000 Water Debt Certthcxles,series 2009
Wreplllcund£ustlllg Debt
DEBT SERVICE SCHEDULE
Dote Principal Coupon !morel TotAI 1.+1 FISCAL TOTAL
7/01/2003 - •
6/19/2004 - - 198,850.00 198,880.00 -
12_/15/2004 99,429.00 99,423.00 205,73,00
0/10/2005 • 99,429.00 90,427,00 •
12/15/2005 - • 99,421.00 99,425,00 198,350.00
6/15/2006 - 99,425.00 99,425.00 •
12/15/2006 - - 99,425.00 39,425.00 198,650.00
6/15/2007 • - 00,121.00 99,423.00 •
12/13/2007 - • 00,429.00 09,423.00 108,550.00
0/11/2006 - • 99,425.00 90,429,00 -
12/15/2008 99,425.00 99,423,00 198,850.00
0/10/2009 - - 99,423.00 99,42100
12/15/2009 - 39,425.00 39,425.00 198,850.00
6/15/2010 - - 99,425.00 99,425.00 - -
12/15/2010 • 99,425.00 99,425.00 193,690.00
6/15/2011 • - 90,421.00 09,429.00 -
12/15/Z011 - • 09,429.00 99,425.00 196,830.00
0/15/2012 - - 90,425.00 99,423.00 -
12/15/2012 - • 99,425.00 90,426.00 198,150,00
0/15/2015 00,428.00 90,425.00 •
12/15/2013 100,000.00 3.900% 99,425.00 199,425,00 298,570,00
0/15/2014 • - 97475.00 97,675,00 -
12/19/2014 100,000.00 1.60011 97,675.00 197,675,00 295,350.00
0/18/2015 . 95,815.00 97,875,00
12/19/2015 100,000.00 3.750% 96,870.00 195,875.00 291,790.00
0/15/2016 - • 94,000.00 94,000,00 -
12/15/016 100,000.00 3.850% 34,000.00 194,000.00 285,000.00
6/15/2017 - - 92,075.00 92,073.00 •
1Z/15/2017 100,000.00 9.950% 92,078.00 192,075,00 284,150,00
0/19/2018 - - 90,100.00 90,100,00 -
12/15/2015 200,000.00 4.100% 90,100.00 290,100.00 580,200,00
0/15/2019 • 86,000.00 86,000,00 -
12/19/2019 1,000,000.00 4.200% 53,000.00 1,050,000.00 1,172,000.00
6/15/2020 05,000.00 65,000.00 -
12/15/2020 1,000,000.00 4.250% 35,000.00 1,085,000.00 1,130,000.00
6/15/202) - 43,750.00 49,780.00
12/17/2021 1,000,000.00 4.350% 49,750.00 1,043,75000 1,087,300,00
6/15/2022 - - 22,000.00 22,000.00 •
12/15/2022 1,000,000.00 .1.4007E 22,000.00 1,022,000.00 1,044,000.00
Total 4,700,000.00 • 3,460,675.00 8,160,879.00 -
YIELD STATISTICS
Acetved Interest(tom 06/15/2003 to07/01/2003......•....,..._.....,._._..,_....._ _— 8,837.78
land Year Dollan.._......._..._.................................................,__................«........,............,.... 581,]50.00
Anrrn,Se Lite ......_....•........,............•.«..,,.•............._..._..........._._._..._....................._._._._ 17.300 Yearn
Aeertt5e Coupan..........._..........,,...............•......_._._...._......._._._...._._......._._._...._._._ 42545024%
Net Interest Cott(NIO_..,..._...._.-._._. __....„_........_„. _...._.............-- 4,4120774%
. True Intern-3i Coq(TIC)........_................_....__._ ............._..._...........,....._._.._......_..._._.... 4,4274195%
Bond field for Al 11115e Putyaset..........._......_....._..............._.-..................._...................... 4,4;132242%
AllInclu7ire 0071(Al0......._............._._...._._...._...._..._..._........................_.................... 4.6107382%
US FORM 8058 .
Net Interest Coat...._._..,._......___.___._._..._._..._._._._......_. .„.._. _...._......_._...._..._.. 42543023%
Weithled Memo MAtutl(y......_.-._._...._._....._„..._..........._.......... ........w...... 17.264 Yearn
Speer linaitcski,Mc. Ate=YrYlvi/LsASenal2POJwak,-1 7mn,'mom"-NAZISravosE
IIs 2/,c!Mance[bow/t4nl.,Since/9f4 6/D/2O0S 11.d PM
JUN-10-2003 08:10 FROM-SPEER FINANCIAL 312-346-8833 T-366 P 004/004 F-011
Preliminary
UNITED CITY OF YORKVILLE
S4,700,000 Water Debt Certificates,Series 2003
Wraparound Existing Debt
NET DEBT SERVICE SCHEDULE
Date Principal Coupon Interest Total P+1 Existing D/S Nat New D/S
12/15/2003 - -
12/15/2004 298,275.00 298,275.00 25,000.00 323,275.00
12/15/2005 • 198,850.00 198,850.00 25,000.00 223,850.00
12/15/2006 - - 198,850,00 198,850.00 25,000.00 223,850.00
12/15/2007 - 198,850.00 198,850.00 35,000.00 233,850.00
12/16/2008 - 198,860.00 198,850.00 60,000.00 258,850.00
12/15/2009 - - 198,850.00 198,850.00 145,000.00 343,850.00
12/15/2010 • - 198,850.00 198,850.00 215,000.00 413,850.00
12/15/2011 - 198,850.00 198,850.00 285,000.00 483,850.00
12/15/2012 - - 198,850.00 198,850.00 365,000.00 563,850.00
12/15/2013 100,000.00 3.500% 198,850.00 298,350.00 440,000.00 738,850.00
12/15/2014 100,000.00 3.600% 195,350.00 295,350.00 475,000.00 770,350.00
12/15/2015 100,000.00 3.750% 191,750.00 291,750.00 475,000.00 766,750.00
12/15/2016 100,000.00 3.850% 188,000.00 288,000.00 475,000.00 769,000.00
12/15/2017 100,000,00 3.950% 184,150.00 284,150.00 475,000.00 759,150.00
12/15/2018 200,000.00 4.100% 180,200.00 380,200.00 475,000.00 855,200.00
12/15/2019 1,000,000.00 4,200% 172,000.00 1,172,000.00 475,000.00 1,647,000.00
12/15/2020 1,000,000,00 4,250% 130,000.00 1,130,000.00 475,000.00 1,605,000.00
12/15/2021 1,000,000.00 4.350% 87,500.00 1,087,500,00 475,000.00 1,562,500.00
12/15/2022 1,000,000.00 4,400% 14,000.00 1,044,000.00 1,044,000.00
Total 4,700,000.00 - 3,460,875.00 8,160,875.00 5,420,000.00 13,580,875.00
Speer FYnanciul,Inc. /17e=Yorkvillal--Serio 2003walcz 4.7mm/Hauled-SINGLE PURPOSE
Public TYnincc Concu/gna Since 1,954 S/9/200Y 12:23 FM
A
I ( (\t' „ , e
New Issue Investment Rating:
Standard& Poor's Corporation ... AA
1IR:4Pr6/l[t/0 (Radian Asset Assurance Insured)
Official Statement
Subject to compliance by the City with certain covenants, in the opinion of Chapman and Cutler, Bond Counsel, under present law,
interest on the Certificates is not includible in gross income of the owners thereof for federal income tax purposes and is not included as an item of
tax preference in computing the federal alternative minimum tax for individuals and corporations, but such interest is taken into account in
computing an adjustment used in determining the federal alternative minimum tax for certain corporations. See "TAX EXEMPTION"herein for
a more complete discussion.
g,a c'rj $4,800,000
UNITED CITY OF YORKVILLE
H Kendall County, Illinois
1- ' 1 Debt Certificates, Series 2003
6'tE `'
e
Dated July 1, 2003 Book-Entry Due Serially December 15, 2013-2022
The $4,800,000 Debt Certificates, Series 2003 (the "Certificates"), are being issued by the United City of Yorkville, Kendall County,
Illinois (the "City"). Interest is payable semiannually on June 15 and December 15 of each year, commencing June 15, 2004. The Certificates
will be issued using a book-entry system. The Depository Trust Company("DTC"), New York, New York, will act as securities depository for
the Certificates. The ownership of one fully registered Certificate for each maturity will be registered in the name of Cede&Co., as nominee for
DTC and no physical delivery of Certificates will be made to purchasers. The Certificates will mature on December 15 in the following years and
amounts.
AMOUNTS,MATURITIES INTEREST RATES AND PRICES OR YIELDS
Principal Due Interest Yield or Principal Due Interest Yield or
Amount Dec. 15 Rate Price Amount Dec. 15 Rate Price
$100,000 2013 % 8 $ 300,000 2018 % %
100,000 2014 % % 1,000,000 2019 % %
100,000 2015 % % 1,000,000 2020 % %
100,000 2016 % i; 1,000,000 2021 % %
100,000 2017 % % 1,000,000 2022 3 %
OPTIONAL REDEMPTION
The Certificates are callable in whole or in part on any date on or after December 15, 2011, at a price of par and accrued interest. If
less than all the Certificates are called, they shall be redeemed in such principal amounts and from such maturities as determined by the City and
within any maturity by lot. See"DESCRIPTION OF THE CERTIFICATES-Optional Redemption" herein.
CERTIFICATE INSURANCE
Payment of principal of and interest on the Certificates will be insured in accordance with the terms of a financial guaranty insurance
policy to be issued simultaneously with the delivery of the Certificates by RADIANT ASSET ASSURANCE INC. Sec APPENDIX C herein.
h6ii,,;�sse(Assu�ancr irr.. R'\ ,I 1��
PURPOSE, LEGALITY AND SECURITY
The Certificates are being issued to finance improvements to the City's water system and to pay the costs of issuance of the Certificates.
See"THE PROJECT"herein.
The Certificates are payable from any monies of the City legally available and annually appropriated for the purpose of payment of debt
service. The Certificates evidence indebtedness incurred under an installment purchase agreement. There is no statutory authority for the levy of
a separate tax in addition to other City taxes or for the levy of a special tax unlimited as to rate or amount to pay interest or principal due on the
installment purchase agreement or the Certificates. See"DESCRIPTION OF THE CERTIFICATES" herein.
The Certificates are offered when, as and if issued and received by the Underwriters, subject to the approving legal opinion of Chapman
and Cutler, Chicago, Illinois, Bond Counsel, and certain other conditions. It is expected that the Certificates will be made available for delivery
on or about July 9, 2003.
Bernardi Securities, Inc. �► aeimrispiiens
United City of Yorkville.Kendall County,Illinois
$4.8010,000 Debt Certificates,Series 2003
For purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, this document, as
the same may be supplemented or corrected by the City from time to time (collectively, the "Official Statement"), may
be treated as an Official Statement with respect to the Certificates described herein that is deemed near final as of the
date hereof(or the date of any such supplement or correction) by the City.
The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates,
principal amounts and interest rates of the Certificates, together with any other information required by law or deemed
appropriate by the City, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that
term is defined in Rule 15c2-12. Any such addendum shall, on and after the date thereof, be fully incorporated herein
and made a part hereof by reference.
No dealer, broker, salesman or other person has been authorized by the City to give any information or to make
any representations with respect to the Certificates other than as contained in the Official Statement or the Final Official
Statement and, if given or made, such other information or representations must not be relied upon as having been
authorized by the City. Certain information contained in the Official Statement and the Final Official Statement may
have been obtained from sources other than records of the City and, while believed to be reliable, is not guaranteed as
to completeness. THE INFORMATION AND EXPRESSIONS OF OPINION IN THE OFFICIAL STATEMENT
AND THE FINAL OFFICIAL STATEMENT ARE SUBJECT TO CHANGE, AND NEITHER THE DELIVERY OF
THE OFFICIAL STATEMENT OR THE FINAL OFFICIAL STATEMENT NOR ANY SALE MADE UNDER
EITHER SUCH DOCUMENT SHALL CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE
IN THE AFFAIRS OF THE CITY SINCE THE RESPECTIVE DATES THEREOF.
References herein to laws, rules, regulations, ordinances, resolutions, agreements, reports and other documents
do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by
reference to the particular document, the full text of which may contain qualifications of and exceptions to statements
made herein. Where full texts have not been included as appendices to the Official Statement or the Final Official
Statement they will be furnished on request. This Official Statement does not constitute an offer to sell, or solicitation
of an offer to buy, any securities to any person in any jurisdiction where such offer or solicitation of such offer would
be unlawful.
2
United City of Yorkville,Kendall County,Illinois
S4,800,000 Debt Cenifcates,Series 2003
CERTIFICATE ISSUE SUMMARY
This Certificate Issue Summary is expressly qualified by the entire Official Statement, which is provided for the convenience of
potential investors and which should be reviewed in their entirety by potential investors.
Issuer: United City of Yorkville, Kendall County, Illinois.
Issue: $4,800,000 Debt Certificates, Series 2003.
Dated Date: July 1, 2003.
Interest Due: June 15 and December 15, commencing June 15, 2004.
Principal Due: Serially each December 15, commencing December 15, 2013 through 2022, as detailed on the front
page of this Official Statement.
Optional Redemption: The Certificates are callable in whole or in part on any date on or after December 15, 2011, at a
price of par and accrued interest. See "DESCRIPTION OF THE CERTIFICATES - OptIonal
Redemption" herein.
Authorization: Section 17(b) of the Local Government Debt Reform Act, as amended, and by a vote of the City
Council.
Security: The Certificates are payable from any monies of the City legally available and annually appropriated
for the purpose of payment of debt service. The Certificates evidence indebtedness incurred under an
installment purchase agreement. There is no statutory authority for the levy of a separate tax in
addition to other City taxes or for the levy of a special tax unlimited as to rate or amount to pay
interest or principal due on the installment purchase agreement or the Certificates. See
"DESCRIPTION OF THE CERTIFICATES" herein.
Ratings/Insurance: Standard & Poor's, a Division of the McGraw-Hill Companies has assigned its municipal bond
ratings of "AA" to this issue of Certificates with the understanding that upon delivery of the
Certificates, a policy guaranteeing the payment of principal of and interest on the Certificates will be
insured in accordance with the terms of a financial guaranty insurance policy to be issued
simultaneously with the delivery of the Certificates by RADIAN ASSET ASSURANCE INC. See
APPENDIX C herein. The cost for the bond insurance premium and the related rating fee of
Standard& Poor's will be paid by the City.
Purpose: The Certificates are being issued to finance improvements to the City's water system and to pay the
costs of issuance of the Certificates. See "THE PROJECT" herein.
Tax Exemption: Chapman and Cutler, Chicago, Illinois, will provide an opinion as to the tax exemption of the
Certificates as discussed under "TAX EXEMPTION" in this Official Statement. Interest on the
Certificates is not exempt from present State of Illinois income taxes.
Bank Qualification: The Certificates are not "qualified tax-exempt obligations" under Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended.
Registrar/Paying Agent/
Trustee: BNY Midwest Trust Company, Chicago, Illinois.
Delivery: The Bonds are expected to be delivered on or about July 9, 2003.
Book-Entry Form: The Certificates will be registered in the name of Cede & Co. as nominee for The Depository Trust
Company("DTC"), New York, New York. DTC will act as securities depository of the Certificates.
See APPENDIX B herein.
Financial Advisor: Speer Financial, Inc., Chicago, Illinois.
Underwriters: Bernardi Securities, Inc., Chicago, Illinois and
Griffin, Kubik, Stephens &Thompson, Inc., Chicago, Illinois
3
United City of Yorkville,Kendall County,Illinois
$4.800,000 Debt Certificates.Series 2.003
UNITED CITY OF YORKVILLE
Kendall County, Illinois
Arthur F. Prochaska, Jr.
Mayor
Aldermen
Joseph Besco Larry Kot Wanda O'Hare
Valerie Burd Marty Munns Rose Spears
Paul James Richard Sticka
Officials
Jacquelyn Milschewski Tony Graff William Powell
City Clerk City Administrator Treasurer
Eric Dhuse Traci Pleckham Daniel Kramer
Director of Public Works Finance Director City Attorney
DESCRIPTION OF THE CERTIFICATES
The Certificates are issued by the City for the purpose of providing funds to construct improvements to the
City's water system (the "Project"), all as described and defined in the ordinance authorizing the Certificates (the
"Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal
Code, as supplemented and amended, and in particular as supplemented by the Local Government Debt Reform Act of
the State of Illinois, as amended (the "Debt Reform Act") (collectively, "Applicable Law"), and with the Ordinance,
which will be passed by the City Council of the City (the "City Council") on the 24th day of June, 2003, in all respects
as by law required. The Certificates issued by the City in connection with the Project have been issued in evidence of
the indebtedness incurred pursuant to a certain Installment Purchase Agreement (the "Agreement") entered into by and
between the City and the Treasurer of the City, as Seller-Nominee.
The obligation to make payments due on the Certificates is a direct general obligation of the City payable from
the general funds of the City and such other sources of payment as are otherwise lawfully available. The City
represented and warranted in the Ordinance that the total amount due the nominee-seller under the Agreement, together
with all other indebtedness of the City, is within all statutory and constitutional debt limitations. The City agreed in the
Ordinance to appropriate funds of the City annually and in a timely manner so as to provide for the making of all
payments when due under the terms of the Agreement. THERE IS NO STATUTORY AUTHORITY FOR THE
LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE CITY OR THE LEVY OF A SPECIAL
TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE AMOUNTS DUE ON THE
CERTIFICATES.
The net proceeds of the Certificates will be deposited into the Project Fund (the "Project Fund") created by the
Ordinance. Moneys in the Project Fund will be used to pay costs of the Project in accordance with the following
procedures:
4
United City of Yorkville,Kendall County,Illinois
$4.800,000 Debt Certificates,Series 2003
1. Contracts ("Work Contracts") have been or will be awarded, from time to time, by the City
Council for the work on the Project; and the City Council represented and covenanted in the Ordinance
that each Work Contract has been or will be let in strict accordance with Applicable Law and the rules
and procedures of the City for the same.
2. Pursuant to Ordinance to be duly adopted, the City Council will identify all or a designated
portion of each Work Contract to the Agreement. The Ordinance and any such further Ordinance will
be filed of record with the Treasurer of City. The adoption and filing of such Ordinance and the Work
Contracts with such officer will constitute authority for the officer or officers of the City to make
disbursements from the Project Fund to pay amounts due under such Work Contacts from time to time,
upon such further Ordinances, orders, vouchers, warrants, or other proceedings as are required under
Applicable Law and the rules and procedures of the City for the same. No action need be taken by or
with respect to the contractors under the Work Contracts as, pursuant to the Installment Purchase
Provisions of the Debt Reform Act, the Treasurer of the City acts as Nominee-Seller of the Project for
all purposes, enabling the issuance of the Certificates. Funds on deposit in the Project Fund will be
invested by the appropriate officers of the City in any lawful manner. Within sixty (60) days after full
depletion of the Project Fund, the appropriate officers of the City will certify to the City Council the
fact of such depletion; and, upon approval of such certification by the City Council, the Project Fund
will be closed.
Optional Redemption
The Certificates are subject to redemption prior to maturity at the option of the City as a whole, or in part in
integral multiples of$5,000, in such maturities as selected by the City (less than all the Certificates of a single maturity
to be selected by the Certificate Registrar, as hereafter defined, in such manner as it shall deem fair and appropriate),
on any date on or after December 15, 2011, at the redemption price of par plus accrued interest to the redemption date.
Notice of any such redemption shall be sent by first-class mail not less than thirty (30) nor more than sixty (60)
days prior to the date fixed for redemption to the registered owner of each Certificate to be redeemed at the address
shown on the Register maintained by the Certificate Registrar or at such other address as is furnished in writing by such
registered owner to the Certificate Registrar. When so called for redemption, this Certificate will cease to bear interest
on the specified redemption date, provided funds for redemption are on deposit at the place of payment at the time, and
shall not be deemed to be outstanding.
THE CITY
The City, established in 1834, has been the county seat of Kendall County since 1859. It is located
approximately 45 miles southwest of Chicago. It straddles both sides of the Fox River. Surrounding communities are
Oswego, Bristol, Plano, Millbrook, Helmar, Newark, Plattville, Montgomery, Sugar Grove and Plainfield. According
to the 2000 Census, the City had a population of 6,189.
City Government and Services
The Mayor, Aldermen, City Clerk and City Treasurer are each elected to a four-year term. The City Council
consists of the Mayor and eight Alderman. Two Alderman are elected from each of the City's four wards.
The City's fire department carries a Protection Class 6 and is a member of the Mutual Aid Box Alarm System.
The Police Department includes twelve full-time and three part-time officers, and emergency medical service is
available 24 hours a day.
5
United City of Yorkville, Kendall Courcy,Illinois
54.800.000 Debt Certificates.Series 2003
Transportation
The City is close to many highways. The three Interstate highways are Interstate 55 (I-55), Interstate 80 (I-80)
and Interstate 88 (I-88). The City is intersected by Illinois Routes 47 and 34.
O'Hare and Midway Airports are approximately 40 miles northeast from the City. The closest airport, Aurora
Municipal Airport, is approximately ten miles north in Sugar Grove. Their longest runway is 5,100 feet. The runway
is lighted. Additionally, the airport has aircraft tiedowns, hangar, power plant repair, air frame repair and navigator
aids. They also have freight, charter and helicopter services.
The nearest railroad that serves the City is the Burlington Northern Sante Fe, part of the Metra commuter line,
located in nearby Aurora.
Community Life
The City contains approximately 500 acres of parks with amenities like picnic areas, a gazebo, recreational
fields, golf and forest preserves. Programs offered include aerobics, basketball, bus trips, bowling, Country/Western
dance, crafts, dance, fishing, golf, soccer, sports club, street hockey, tee ball, tennis and tumbling.
Yorkville Public Library has over 22,000 volumes and is one of the 40 members of the Heritage Trail Library
System. They provide recreational reading and information requests. The library has recently improved its ability to
research current topics through the addition of a CD-ROM full-text magazine index, with more than 10,000 articles of
interest published over the past three years.
Two hospitals and several clinics in Aurora serve the City. The two hospitals, Rush/Copley Medical Center
and Sandwich Community Hospital, are approximately 15 miles away. There are a total of 25 doctors and 3 dentists in
the community.
Education
The educational facilities in the area include a community unit school district comprising two elementary
schools, one junior high school, one high school; one community college; and one university. Yorkville High School
has a staff of some 48 teachers and some 675 students. There is a two-year junior college in Sugar Grove (Waubonsee
Community College District Number 516), a four-year university in Aurora (Aurora University) and a four-year
university in DeKalb (Northern Illinois University).
Waubonsee Community College District Number 516 (the "College") offers a wide variety of transfer,
vocational, continuing and community education, children's and corporate development and training classes. It also
offers a comprehensive educational program designed to serve all college district residents at a modest cost. In addition
to 24 programs designed to transfer to senior institutions, the college offers occupational-oriented programs ranging in
length from one semester to two years. The College has recently opened a state-of-the-art academic computing center
that houses eight classrooms and a 120 personal computer work station open lab. The open lab is available for use by
community members for a small user fee.
Community Unit School District Number 115 has just implemented a new computer curriculum, innovative
interdisciplinary projects and advanced team building and support programs for students and staff.
6
United Cityof Yorkville,Kendall County.Illinois
$4,800.000 Debt Certificates,Series 2003
SOCIOECONOMIC INFORMATION
Following are lists of large employers located in the City and in the surrounding area.
Major City Employers(1)
Approximate
Name Product/Service Employment
Amurol Confections Co. Sugar Confections. Bubble Gum. & Candy 500
Newly Weds Foods Food Seasonings. Cures and Binders 115
Brenart Eye Clinic Eyeglasses 50
Cascade Water Works Mfg. Co.. Inc Sewer & Piping Systems Repair Products 40
C.J. Insulation. Inc. Insulation Installation 40
Bristol Equipment Company Fluid Sampling Valves. Tank Car Automatic Cleaners 25
G.H. Haws & Assocs. Plastic Molding Parts 25
Alpha Precision. Inc. Photographic Equipment & Supplies 20
Waste Technology. Inc. Environmental Investigators 20
Note: (1) Source: 2003 Illinois Manufacturers Directory. 2003 Illinois Services Directory and a selective telephone survey.
Major Area Employers(1)
Approximate
Location Name Business or Product Employment
Sugar Grove Harper-Wyman Co.. Appliance Control Group ...Thermostatic Controls & Gas Combustion Products 1.400
Sugar Grove Waubonsee Community College #516 Education 750
Montgomery Lyon Metal Products Steel Storage Equipment 600
Oswego Chicago Bridge & Iron Company Engineering & Technical Center 450
Montgomery Montgomery Productions. Inc. Food Packaging 450
Montgomery Eby-Brown Co Wholesale Tobacco & Confectionery 400
Montgomery The Dial Corp Soap. Glycerin. & Fatty Acids 400
Plainfield CBI Insulation Betterment Storage Tank Insulation Equipment 300
Plano Plano Molding Co. Plastic Injection Molding Headquarters 300
Montgomery Processed Plastic Co. Plastic Toys 300
Plainfield Fox Valley Press Inc. Newspaper Printing 230
Oswego Computype Bar Coding Solutions & Products 201
Montgomery Fox River Foods Inc Wholesale Food 200
Montgomery General American Door Co. Garage Doors 200
Plainfield Guinness UDV North America. Inc Gin & Vodka Distilling 200
Sugar Grove Oak Grigsby. Inc. Electronic Switches 200
Note: (1) Source: 2003 Illinois Manufacturers Directory. 2003 Illinois Services Directory and a selective telephone survey.
The following tables show employment by industry and by occupation for the City, Kendall County (the
"County") and the State of Illinois (the "State") as reported by the 2000 Census.
Employment By Industry(1)
The City Kendall County State of Illinois _
Classification Number Percent Number Percent Number Percent
Agriculture. Forestry. Fishing. Hunting. and Mining 47 1.45% 380 1.32% 66.481 1.14%
Construction 332 10.23% 2.586 8.97% 334.176 5.73%
Manufacturing 564 17.38% 5.337 18.50% 931.162 15.96%
Wholesale Trade 145 4.47% 1.187 4.12% 222.990 3.82%
Retail Trade 434 13.37% 3.416 11.84% 643.472 11.03%
Transportation and Warehousing, and Utilities 201 6.19% 1.657 5.75% 352.193 6.04%
Information 67 2.06% 774 2.68% 172.629 2.96%
Finance. Insurance. Real Estate. and Rental and Leasing216 6.65% 2.463 8.54% 462.169 7.92%
Professional. Scientific. Management. Administrative.
and Waste Management Services 287 8.84% 2.369 8.21% 590.913 10.13%
Educational. Health and Social Services 443 13.65% 4.691 16.26% 1.131.987 19.41%
Entertainment and Recreation Services. Accommodation
and Food Services 244 7.52% 1,740 6.03% 417.406 7.16%
Other Services (except Public Administration) 118 3.64% 1.246 4.32% 275.901 4.73%
Public Administration 148 4.56% 996 3.45% 231.706 3.97%
Total 3 246 100.00% 28.842 100.00% 5.833.185 100.00%
Note: (1) Source: U. S. Bureau of the Census.
7
United City of Yorkville,Kendall County,Illinois
$4,800,000 Debi Certificates,Series 2003
Employment By Occupation(1)
The City Kendall County State of Illinois
Classification Number Percent Number Percent Number Percent
Management and Professional 1.140 35.12% 9.817 34.04% 1.993.671 34.18%
Service Occupations 416 12.82% 3.216 11.15% 813.479 13.95%
Sales and Office Occupations 858 26.43% 8,310 28.81% 1.609.939 27.60%
Farming. Forestry and Fishing 0 0.00% 66 0.23% 17.862 0.31%
Construction. Extraction, and Maintenance 300 9.24% 2.997 10.39% 480,418 8.24%
Production. Transportation. and Material Moving 532 16.39% 4,436 15.38% 917.816 15.73%
Total 3.246 100.00% 28.842 100.00% 5.833.185 100.00%
Note: (1) Source: U.S. Bureau of the Census.
Annual Average Unemployment Rates(1)
Calendar The Kendall State of
Year City County Illinois
1993 7 7% 5.2% 7.5%
1994 6 6% 4.5% 5.7%
1995 5 8% 3.9% 5.2%
1996 5 9% 3.9% 5.3%
1997 4 7% 3.1% 4.7%
1998 4 3% 2.9% 4.5%
1999 4 1% 2.8% 4.3%
2000 4 1% 2.8% 4.4%
2001 5 9% 4.0% 5.4%
2002 8 2% 5.6% 6.5%
2003(2) N/A 7.3% 7.0%
Notes: (1) Illinois Department of Employment Security.
(2) Preliminary rates for the month of March 2003.
Housing
The 2000 Census reported that the median value of the City's owner-occupied homes was $157,700, which
compares with $154,900 for the County and $130,800 for the State. The 2000 market value of specified owner-
occupied units for the City, the County and the State was as follows:
Specified Owner-Occupied Units(1)
The City Kendall County State of Illinois
Value Number Percent Number Percent Number Percent
Less than $50,000 0 0.00% 93 0.65% 230.049 9.31%
550.000 to 599.999 150 9.35% 1.137 7.90% 651.605 26.38%
$100.000 to $149.999 520 32.40% 5.485 38.12% 583.409 23.62%
$150.000 to 5199.999 657 40.93% 4.168 28.97% 429.311 17.38%
5200.000 to $299.999 260 16.20% 2.873 19.97% 344,651 13.95%
5300.000 to $499,999 18 1.12% 492 3.42% 163,254 6.61%
5500.000 to $999,999 0 0.00% 128 0.89% 55.673 2.25%
51.000.000 or more 0 0.00% 12 0.08% 12.386 0.50%
Total 1.605 100.00% 14.388 100.00% 2.470.338 100.00%
Note: (1) Source: U.S. Bureau of the Census.
8
United City of Yorkville,Kendall County,Illinois
$4,800,000 Debt Certificates,Series 2003
Income
Per Capita Personal Income
for the Ten Highest Income Counties in the State(])
Rank 2000
1 Lake County 532.102
2 DuPage County 31.315
3 McHenry County 26,476
4 Kendall County 25.1:.
5 Will County 24.613
6 Kane County 24.315
7 Cook County 23.227
8 Sangamon County 23.173
9 Monroe County 22.954
10 Grundy County 22.591
Note: (1) Source: U.S. Bureau of the Census
The following shows a ranking of median family income for the Chicago metropolitan area among 102 Illinois
counties from the 2000 Census.
Ranking of Median Family Income(1)
Ill. Family Ill.
County Income Rank
DuPage County $79,314 1
Lake County 76.424 2
McHenry County 71.553 3
Will County 69.608 4
Kendall County 69.383 5
Kane County 66.558 6
Cook County 53.784 14
Note: (1) Source: U.S. Bureau of the Census.
According to the 2000 Census, the City had a median family income of$67,521. This compares to $69,383 for
the County and $55,545 for the State. The following table represents the distribution of family incomes for the City,
the County and the State at the time of the 2000 Census.
Median Family Income(1)
The City Kendall County State of Illinois .
Income Number Percent Number Percent Number Percent
Under $10.000 7 0.42% 117 0.78% 156.205 5.00%
$10.000 to 514.999 0 0.00% 169 1.13% 105.747 3.38%
515.000 to $24.999 79 4.79% 609 4.07% 273.712 8.76%
$25.000 to 534.999 131 7.94% 966 6.45% 331.907 10.62%
$35.000 to 549.999 284 17.21% 2.226 14.86% 506.429 16.20%
550.000 to 574,999 536 32.48% 4.492 29.99% 736.897 23.58%
$75.000 to 599.999 328 19.88% 3.215 21.46% 445.390 14.25%
$100.000 to 5149.999 206 12.48% 2.372 15.84% 356.068 11.39%
$150.000 to $199.999 35 2.12% 506 3.38% 101.955 3.26%
$200.000 or more 44 2.67% 306 2.04% 111,008 3.55%
Total 1.650 100.00% 14.978 100.00% 3.125.318 100.00%
Note: (1) Source: U.S. Bureau of the Census.
9
--'United City of Yorkville,Kendall County,Illinois
$4.800,000 Debt Certificates,Series 2003
According to the 2000 Census, the City had a median household income of$60,391. This compares to $64,625
for the County and $46,590 for the State. The following table represents the distribution of household incomes for the
City, the County and the State at the time of the 2000 Census.
Median Household Income(1)
The City Kendall County State of Illinois
Income Number Percent Number Percent Number Percent
Under $10.000 70 3.10% 435 2.32% 383.299 8.35%
$10.000 to $14.999 54 2.39% 378 2.01% 252.485 5.50%
$15.000 to $24,999 175 7.76% 1.308 6.96% 517.812 11.27%
$25,000 to $34.999 193 8.55% 1.553 8.27% 545.962 11.89%
$35.000 to $49,999 405 17.95% 2.771 14.75% 745.180 16.23%
$50.000 to $74,999 652 28.90% 5.234 27.86% 952,940 20.75%
$75,000 to $99,999 382 16.93% 3.635 19.35% 531,760 11.58%
$100,000 to $149.999 246 10.90% 2.567 13.66% 415.348 9.04%
$150,000 to $199.999 35 1.55% 563 3.00% 119.056 2.59%
$200,000 or more 44 1.95% 345 1.84% 128,898 2.81%
Total 2.256 100.00% 18,789 100.00% 4.592.740 100.00%
Note: (1) Source: U.S. Bureau of the Census.
Wealth Indicators
The private publication "Sales & Marketing Management" has developed a wealth indicator termed "effective
buying income" (EBI) defined as money income less personal tax and non-tax payments, which is considered by the
publication to be a bulk measurement of market potential. At December 31, 2001 (the latest data available), the County
reportedly had a total EBI of$1,176,402,000 and a median household EBI of$52,516. The trend in median household
EBI relative to the State and Kendall County, is shown below. Data for the City is not available.
Effective Buying Income(1)
1996 1997 1998 1999 2000 2001
Kendall County $44.275 $46,917 $49.065 $53.302 $53,508 $52.516
State of Illinois 38.177 39,875 40.691 43,169 45.381 41.976
County as Percent of State 115.97% 117.66% 120.58% 123.47% 117.91% 125.11%
Note: (1) Source: `Sales & Marketing Management".
Retail Activity
Following is a summary of the City's sales tax receipts as collected and disbursed by the State.
Retailers' Occupation, Service Occupation and Use Tax(1)
State Fiscal Year State Sales Tax Annual Percent
Ending June 30 Distributions(2) Change + (-)
1994 $ 411.191 5.59%(3)
1995 443.140 7.77%
1996 472.289 6.58%
1997 453.818 (3.91%)
1998 850.072 87.32%
1999 936.217 10.13%
2000 1.024,813 9.46%
2001 1.003.021 (2.13%)
2002 1.203.279 19.98%
Growth from 1994 to 2002 192.63%
Notes: (1) Source: Illinois Department of Revenue.
(2) Tax distributions are based on records of the Illinois Department of Revenue
relating to the 1% municipal portion of the Retailers' Occupation. Service
Occupation and Use Tax, collected on behalf of the City, less a State
administration fee. The municipal 1% includes tax receipts from the sale of
food and drugs which are not taxed by the State.
(3) The 1994 percentage is based on a 1993 sales tax of $389.412.
10
United City of Yorkville,Kendall County,Illinois
54.800.000 Debt Certificates,Series 203
THE PROJECT
The Certificates are being issued to finance improvements to the City's water system and to pay the costs of
issuance of the Certificates.
DEBT INFORMATION
After issuance of the Certificates, the City will have outstanding $9,604,365 principal amount of general
obligation and debt certificate debt. The City intends to repay the Certificates from the revenues of the Water
Operating Fund.
The City intends to issue approximately $11,300,000 of alternate bonds and approximately $1,700,000 of debt
certificates in the fall of 2003.
General Obligation and Debt Certificate Debt(1)
(Principal Only)
Total Cumulative
Calendar Series Series 2002 Series 2002A Outstanding The Total Principal Retired
Year 2002(ARS) Certificates Certificates Debt Certificates Debt Amount Percent
2003 $ 50.000 S 0 5 0 $ 50.000 $ 0 8 50.000 $ 50.000 0.52%
2004 55.000 23.983 45.000 123.983 0 123.983 173.983 1.81%
2005 55.000 23.088 50.000 128.088 0 128.088 302.070 3.15%
2006 60.000 22.169 50.000 132.169 0 132.169 434.239 4.52%
2007 60.000 29.626 50.000 139.626 0 139.626 573.865 5.98%
2008 65.000 48.195 50.000 163,195 0 163.195 737.060 7.67%
2009 65.000 110.964 55.000 230.964 0 230,964 968.024 10.08%
2010 70.000 156.294 55.000 281.294 0 281.294 1.249.318 13.01%
2011 70.000 196.228 60.000 326.228 0 326.228 1.575.546 16.40%
2012 75.000 237.334 60.000 372.334 0 372.334 1.947.880 20.28%
2013 0 269.399 65.000 334.399 100.000 434.399 2.382.279 24.80%
2014 0 274.612 65.000 339,612 100.000 439.612 2.821.891 29.38%
2015 0 258.794 70.000 328.794 100.000 428.794 3.250.685 33.85%
2016 0 243.414 75.000 318.414 100.000 418.414 3.669.099 38.20%
2017 0 228.504 80.000 308.504 100.000 408.504 4,077.602 42.46%
2018 0 214.092 80,000 294.092 300.000 594.092 4.671.694 48.64%
2019 0 200.198 85.000 285.198 1.000.000 1.285.198 5,956.892 62.02%
2020 0 186.841 90.000 276.841 1.000.000 1.276.841 7.233.734 75.32%
2021 0 175.631 95.000 270.631 1.000.000 1.270.631 8.504.365 88.55%
2022 0 0 100.000 100.000 1,000,000 1.100,000 9.604.365 100.00%
Total $625,000 52.899,365 $1.280.000 $4,804.365 $4.800.000 $9,604.365
Note: (1) Source: the City.
Detailed Overlapping Bonded Debt(1) -
(As of November 26, 2002)
Outstanding Applicable to CitY
Debt Percent(2) Amount
Schools:
Unit School District Number 115 $32.044.946 48.54% $15.554.617
Community College District Number 516 46.558.038 2.95% 1.373.462
Total Schools 816.928.079
Other:
Kendall County $18.440.000 11.82% $ 2.179.608
Kendall County Forest Preserve District 352,000 . 11.82% 41.606
Total Other $ 2.221.214
Total Schools and Other Overlapping Bonded Debt $19,149.293
Notes: (1) Source: Kendall County Clerk.
(2) Percentages are based on 2002 EAVs, the latest available. Excludes maturities through June 1. 2003.
11
United City of Yorkville,Kendall County,Illinois
54,800.000 Debt Certificates,Series 2003
Statement of Bonded Indebtedness(1)
Ratio To Per Capita
Amount Equalized Estimated (2000 Census
Applicable Assessed Actual 6,189)
City EAV of Taxable Property. 2002 5164,758.054 100.00% 33.33% $26.621.11
Estimated Actual Value. 2002 $494.274,162 300.00% 100.00% S79.863.33
Total Direct Bonded Debt (2) S 9.604.365 5.83% 1.94% $ 1.551.84
Overlapping Bonded Debt(3):
Schools $ 16.928.079 10.27% 3.42% S 2.735.19
Other 2.221.214 1.35% 0.45X 358.90
Total Overlapping Bonded Debt $ 19.149.293 11.62% 3.87% S 3.094.09
Total Direct and Overlapping Bonded Debt $ 28.753.658 17.45% 5.82% 5 4.645.93
Notes: (1) Source: Kendall County Clerk.
(2) Includes debt certificates. alternate bonds and the Certificates.
(3) Overlapping bonded debt as of November 26. 2002.
Legal Debt Margin(1)
2002 City Equalized Assessed Valuation $164.758.054
Statutory Debt Limitation (8.625% of EAV) $ 14.210.382
Series 2002 Bonds $ 625.000
Series 2002 Certificates 2.899.365
Series 2002A Certificates 1.280.000
The Certificates 4.800.000
Total Debt 59.604,365
Less:
Series 2002 Bonds(2) S (625.000)
Total Applicable Debt S 8,979.365
Legal Debt Margin S 5.231.017
Notes: (1) Source: the City.
(2) The Series 2002 Bonds are alternate bonds and do not constitute an indebtedness of the City
within the meaning of any constitutional or statutory limitation. unless the pledged taxes
will have been extended pursuant to the general obligation, full faith and credit promise
supporting the Series 2002 Bonds. in which case the amount of the outstanding Series 2002
Bonds will be included in the computation of indebtedness of the City for purposes of all
statutory provisions or limitations until such time as an audit of the City shows that the
Series 2002 Bonds have been paid from their pledged revenues for a complete fiscal year.
PROPERTY ASSESSMENT AND TAX INFORMATION
For the 2002 levy year, the City's EAV was comprised of 72% residential, 3% industrial, 24% commercial,
and less than 1% farm and railroad property valuations.
Equalized Assessed Valuation(1)
Levy Years
By Property Class 1998 1999 2000 2001 2002
Residential 5 82.867.199 $ 81.037.158 $ 87.241.865 S 98.447.222 $117.982.027
Farm 640.439 692.281 768.854 815.985 700.520
Commercial 23.079.704 23.588,921 24.419.125 30.717.614 40.475.041
Industrial 4.054.307 5.085.363 5.220.888 5.346.347 5.587.748
Railroad 6.702 8.345 12.995 10,966 12.718
Total $110.648.351 $110.412.068 $117.661.727 $135.338,134 $164.758,054
Percent Change 5.35%(2) (0.21%) 6.57% 15.02% 21.74%
Notes: (1) Source: Kendall County Clerk.
(2) Percentage change based on 1997 EAV of $105.033.546.
12
United City of Yorkville,Kendall County. Illinois
54,800,000 Debt Certificates,Series 2003
Representative Tax Rates(1)
(Per $100 EAV)
Levy Year
1998 1999 2000 2001 2002
The City:
Corporate $0.2964 $0.2964 $0.3155 $0.2205 $0.1990
IMRF 0.1119 0.1119 0.0918 0.0481 0.0480
Police Protection 0.0742 0.0742 0.0750 0.0750 0.0713
Police Pension 0.0000 0.0000 0.0000 0.1302 0.1083
Garbage 0.1498 0.1498 0.1411 0.1211 0.1151
Audit 0.0158 0.0158 0.0128 0.0119 0.0113
Liability Insurance 0.0514 0.0514 0.0551 0.0520 0.0613
Social Security 0.1076 0.1076 0.1043 0.0970 0.0982
School Cross Guard 0.0045 0.0045 0.0036 0.0035 0.0034
Unemployment Insurance 0.0125 0.0125 0.0115 0.0093 0.0089
Library 0.1459 0.1459 0.1500 0.1500 0.1426
IMRF - Library 0.0041 0.0041 0.0037 0.0032 0.0000
SS - Library 0.0065 0.0065 0.0069 0.0068 0.0000
Total City Rates(2) $0.9806 $0.9806 $0.9713 $0.9286 $0.8674
Kendall County 0.8417 0.8417 0.8518 0.7433 0.6920
Kendall County Forest Preserve 0.0267 0.0267 0.0245 0.0243 0.0219
Bristol Township 0.4603 0.4603 0.4576 0.4436 0.4253
Bristoll - Kendall Fire District 0.4555 0.4555 0.4523 0.4450 0.4231
Yorkville - Bristol Sanitary District 0.0790 0.0790 0.0776 0.0711 0.0631
Unit School District Number 115 4.3413 4.3413 4.3253 4.7168 4.4780
Community College District Number 516 0.4473 0.4473 0.4287 0.4239 0.4043
Total Tax Rates(3) $7.6324 $7.6324 $7.5891 $7.7966 $7.3751
Notes: (1) Source: Kendall County Clerk.
(2) Statutory tax rate limits for the City are as follows: Corporate ($0.3300): Police Protection ($0.0750): Garbage
($0.2000): School Cross Guard ($0.0200): and Library ($0.1500).
(3) Representative tax rates for other government units are from Bristol Township tax code 005 which represents 61% of
the City's 2002 EAV.
Tax Extensions and Collections(])
(Excludes Road and Bridge Levy)
Levy Coll. Taxes Taxes Collected(3)
Year Year Extended(2) Amount Percent
1996 1997 $ 894.874 $ 896.007 100.13%
1997 1998 979,818 981,719 100.19%
1998 1999 1.021.478 1.017.873 99.65%
1999 2000 1.082.867 1.082.922 100.01%
2000 2001 1.140.839 1.141.876 100.09%
2001 2002 1.248.102 1.250.307 100.18%
Notes: (1) Source: Kendall County Treasurer.
(2) Tax extensions have not been adjusted for abatements.
(3) Total collections include back taxes. taxpayer refunds.
interest. etc.
13
United City of Yorkville,Kendall County,Illinois
.4.800.000 Debt Certificates,Series 2003
Principal Taxpayers(1)
Taxpayer Name Business/Service 2002 EAV(2)
Amurol Confections Candy and Gum S 4.106.000
First National Bank of DeKalb Trust Real Property 3.208.694
Wesley Property Corporation Real Property 1.371.300
American National Bank and Trust of Chicago Real Property 1.184.547
Bank of Ravenswood Real Property 1.046.700
T and D Metal Products Co. Manufacturing 887.560
Yorkville National Bank Real Property 788:031
Landmark Center LLP Real Property 592.851
Walker Custom Homes. Inc. Real Property 584.997
York Meadows. LLP Real Property 566,900
Total $14.337,580
Ten Largest Taxpayers as Percent of City's 2002 EAV ($164.758,054) 8.70%
Notes: (1) Source: Kendall County Clerk.
(2) Every effort has been made to seek out and report the largest taxpayers. However, many taxpayers listed contain
multiple parcels and it is possible that some parcels and their valuations have been overlooked. The 2002 EAV is
the most current available.
Illinois Property Tax Extension Limitation Law
The Property Tax Extension Limitation Law of the State of Illinois, as amended (the "Limitation Law"), limits
the amount of the annual increase in property taxes to be extended for certain Illinois non-home rule units of
government (including the City). In general, the Limitation Law restricts the amount of such increases to the lesser of
5% or the percentage increase in the Consumer Price Index during the calendar year preceding the levy year.
Currently, the Limitation Law applies only to and is a limitation upon all non-home rule taxing bodies (including
municipalities) in Cook, DuPage, Kane, Lake, McHenry and Will Counties, Illinois, and a number of counties
(including Kendall County) which held referenda in or since 1996.
The effect of the Limitation Law is to limit the amount of property taxes that can be extended for a taxing body.
In addition, general obligation bonds, notes and installment contracts payable from ad valorem taxes unlimited as to rate
and amount cannot be issued by the affected taxing bodies unless the obligations first are approved at a direct
referendum, are alternate bonds or are for certain refunding purposes.
Property Tax Assessment, Levy and Collection Procedures
The following is a summary of property tax assessment, levy and collection procedures for Kendall County,
Illinois.
The County Assessor supervises the assessment of all real property and railroad property not used for
transportation purposes. These valuations are subject to appeal by the taxpayer to the County Board of Review and the
State of Illinois Property Tax Appeal Board and then to equalization by the Illinois Department of Revenue. Rear estate
sales ratio studies conducted annually by the Illinois Department of Revenue provide the foundation of intercounty
equalization by means of multipliers assigned to each county. The multiplier (also known as the "equalization factor")
is applied to all assessments in the County to adjust such assessment by a given percentage in order to bring the County
level toward the statutory standard of 33 1/3% of fair market value. The multiplier applied to levy years 1998 through
2002 assessments in Kendall County is 1.0.
Railroad real properties used for transportation purposes, private car lines, pollution control equipment and
capital stock are assessed by the Illinois Department of Revenue which certifies these valuations to the County Clerk.
These assessments are not subject to revision by the equalization factor:
14
United City of Yorkville,Kendall County,Illinois
$4.800,000 Debt Certificates,Series 2003
The equalized assessed valuation is subject to local taxing body tax rates. The County Clerk computes all tax
rates and ensures that the rate of any taxing body does not exceed that authorized by law. Abatements are factored into
the final determination of tax rates. After receipt of the tax levies of each taxing body in the County, the County Clerk
extends the taxes for each parcel of taxable property, which amount constitutes property taxes payable for each such
parcel.
All taxable property in the County is reassessed every four years. The next reassessment year for the County is
2003. Between these quadrennial assessments, the Township Assessor has the authority to revalue those properties
whose condition has altered significantly since the last assessment and any other properties which may be incorrectly
assessed.
Taxes not paid when due are subject to a penalty rate of 1 1/2% per month until paid. Unpaid property taxes
constitute a valid lien against the property on which the tax is levied.
Property taxes in the County are collected by the Collector of the County, who distributes to the City its share
of collections. Taxes levied for expenditure in any year become due and payable in the following year. For example,
• taxes levied by the City for the levy year 2003 become due and payable in calendar 2004. Real estate taxes are, by
statute, payable in two installments during the year (June and September), whereas State-assessed taxes are payable in
one lump sum.
FINANCIAL INFORMATION
Financial Reports
The City's financial statements are audited annually by certified public accountants. The City's financial
statements are completed on a modified accrual basis of accounting consistent with generally accepted accounting
principles applicable to governmental entities. See APPENDIX A for more detail.
Summary Financial Information
The following tables are summaries and do not purport to be the complete audits, copies of which are available
upon request. See APPENDIX A for excerpts of the City's 2002 fiscal year audit.
15
United City of Yorkville,Kendall County,Illinois
S4,800,000 Debt Certificates.Series 2003
General Fund
Balance Sheet
Audited as of April 30
1998 1999 2000 2001 2002
ASSETS:
Cash $ 60.569 $ 17.467 $ 138.910 5 131.020 51.010.369
Property Tax Receivable 828.682 846.401 923.253 956.024 1.040.570
Other Governmental Receivables 313.177 334.721 217.865 345.850 469.134
Account Receivable 33.652 21.877 22.343 32.781 27.895
Other Receivables 4.339 16,525 0 0 0
Interfund Receivable 266.742 175.666 282.485 259.812 503.198
' Other Assets 8,542 1.269 9.766 56.487 63.105
Total Assets $1.515.703 51.413.926 $1.594.622 LLN,L27.1 1.241.112Z1
LIABILITIES AND FUND BALANCE:
Liabilities:
Accounts Payable $ 126.843 $ 47,920 S 56.939 5 124.350 $ 175.920
Accrued Payroll 49.162 22.686 25.228 26.628 32.394
Interfund Payable 67.386 67.386 0 38.931 334.377
Deferred Revenue 496.100 495.969 537.853 575.449 791.168
Compensated Absences 18.703 18.189 48.593 49.222 27.202
Total Liabilities $ 758.194 $ 652.150 5 668.613 5 814.580 51.361.061
Fund Balance:
Unrestricted $ 757.509 5 761,776 $ 926.009 $ 871.744 $1.142.956
Reserved for Fox Industrial Project 0 0 0 0 610,254
Reserved for Equipment 0 0 0 95.650 0
Total Fund Balance $ 757,509 5 761,776 $ 926.009 $ 967.394 51,753,210
Total Liabilities and Fund Balance $1.515.703 )1.413.926 $1.594.622 $1.781.974 $3.114.271
General Fund
Revenues and Expenditures
Audited Fiscal Year Ending April 30
1998 1999 2000 2001 2002
REVENUES:
Property Taxes $ 853.686 $ 931.551 $ 978.211 $1.005.828 $1.087.081
Sales Tax 855,372 935.220 935.920 1.007.703 1.055.032
Income Tax 332.985 350.166 368.117 394.097 419.602
Utility Tax 429.063 425.064 333.928 372.150 467.484
Other Taxes 120.442 122.914 152.777 240.258 292.267
Licenses. Permits & Fees 166.595 196.193 250.835 341.902 822.675
Fines 32.329 17.258 37.685 50.782 84.385
Interest Revenues 16.494 20.922 18.698 27.043 19.716
Other Revenue 130.665 167.939 211.369 89.304 6.067
Grants 0 0 0 158.936 110,608
Total Revenues 52.937.631 $3,167.227 $3,287.540 ' $3.688.003 $4.364.917
EXPENDITURES:
General Government $2.643.478 52.972.826 51.211.264 $1.354.991 51.867.072
Streets & Sanitation 0 0 771.693 835.452 852.653
Public Safety 0 0 1,031.805 1.093.559 1,170,155
Total Expenditures 52.643.478 $2.972.826 $3.014.762 $3.284,002 $3.889.880 -
Excess (Deficiency) of Revenues Over
Expenditures $ 294.153 S 194.401 5 272.778 $ 404.001 5 475.037
Other Financing Sources (Uses):
Bond Proceeds $ 0 $ 0 5 0 5 0 5 625.000
Operating Transfers In 99.500 239.500 469.175 239.500 371.720
Capital Leases 0 114.533 0 0 0
Operating Transfers Out (383.860) (544.167) (577.720) (607.104) (601.590)
Total Other Financing Sources (Uses) $ (284.360) $ (190.134) $ (108.545) S (367.604) $ 395.130
Excess (Deficiency) of Revenues Over
Expenditures and Other Sources (Uses) $ 9.793 $ 4.267 ' $ 164.233 $ 36.397 5 870.167
Fund Balance - Beginning of the Year $ 648.991(1) $ 757.509 $ 761.776 5 930.997(1) $ 883.043(1)
Residual Equity Transfer In (Out) 98.725 0 0 0 0
Fund Balance - End of the Year $ 757.509 $ 761.776 5 926.009 $ 967.394 $1.753.210
Note: (1) Adjusted.
16
United City of Yorkville,Kendall County,Illinois
$4,800,000 Debt Certificates,Series 2003
Water Operating Fund
Statement of Revenues,Expenses and Changes in Retained Earnings
Audited Fiscal Year Ending April 30
1998 1999 2000 2001 2002
OPERATING REVENUES:
Water Fees S 501.955 S 538.335 $ 608.692 S 703.027 S 927.256
Other Revenue 8,524 10,500 20.359 34.111 112.925
Total Operating Revenues S 510.479 S 548.835 $ 629.051 $ 737.138 $1.040.181
OPERATING EXPENSES:
Cost of Sales & Services $ 290.971 $ 322.968 S 328.619 $ 421.483 S 513.884
Administration 26.818 25.880 27,958 45.150 45.897
Depreciation 83.918 77.748 82.330 56.902 0
Total Operating Expenses S 401.707 S 426.596 $ 438.907 $ 523.535 S 559.781
Operating Income $ 108.772 $ 122.239 S 190.144 $ 213.603 8 480.400
NON-OPERATING REVENUES (EXPENSES):
Interest Revenues $ 10.113 $ 10.461 S 18,698 5 18.875 $ 14.522
Other Revenue 598 1.405 0 0 9.233
Total Operating Revenues (Expenses) $ 10.711 5 11.866 S 18.698 $ 18.875 5 23.755
Income Before Operating Transfers $ 119.483 S 134,105 $ 208.842 $ 232.478 $ 504.155
OPERATING TRANSFERS:
Operating Transfers Out $ (74.500) $ (274.500) $ (380.598) S (244,670) $ (200.480)
Total Operating Transfers $ (74.500) $ (274.500) $ (380.598) $ (244.670) S (200.480)
Net Income 5 44.983 $ (140.395) S (171.756) S (12.192) S 303.675
Retained Earnings at Beginning of Year $1.544,113 $1,589.096 51.448.701 51.191,655(1) $1.179,463
Retained Earnings at End of Year $1.589,096 $1,448.701 $1,276,945 $1.179.463 $1,483.138
Note: (1) As restated.
PENSION AND RETIREMENT OBLIGATIONS
See APPENDIX A herein.
REGISTRATION, TRANSFER AND EXCHANGE
See also APPENDIX B for information on registration, transfer and exchange of book-entry certificates. The
Certificates will be initially issued as book-entry certificates.
The City shall cause books (the "Certificate Register") for the registration and for the transfer of the
Certificates to be kept at the principal corporate trust office of the Registrar in Chicago, Illinois. The City will
authorize to be prepared, and the Registrar shall keep custody of, multiple certificates blanks executed by the City for
use in the transfer and exchange of Certificates.
Any Certificate may be transferred or exchanged, but only in the manner, subject to the limitations, and upon
payment of the charges as set forth in the Certificate Ordinance. Upon surrender for transfer or exchange of any
1 Certificate at the principal corporate trust office of the Registrar, duly endorsed by, or accompanied by a written
instrument or instruments of transfer in form satisfactory to the Registrar and duly executed by the registered owner or
such owner's attorney duly authorized in writing, the City shall execute and the Registrar shall authenticate, date and
deliver in the name of the registered owner, transferee or transferees (as the case may be) a new fully registered
Certificate or Certificates of the same maturity and interest rate of authorized denominations, for a like aggregate
principal amount.
L 17
United City of Yorkville,Kendall County,Illinois
$4,800,000 Debt Certificates,Series 2003
The execution by the City of any fully registered Certificate shall constitute full and due authorization of such
Certificate, and the Registrar shall thereby be authorized to authenticate, date and deliver such Certificate, provided,
however, the principal amount of outstanding Certificates of each maturity authenticated by the Registrar shall not
exceed the authorized principal amount of Certificates for such maturity less Certificates previously paid.
The Registrar shall not be required to transfer or exchange any Certificate following the close of business on
the 1n day of the month in which an interest payment date occurs on such Certificate (known as the record date), nor to
transfer or exchange any Certificate after notice calling such Certificate for redemption has been mailed, nor during a
period of fifteen days next preceding mailing of a notice of redemption of any Certificates.
The person in whose name any Certificate shall be registered shall be deemed and regarded as the absolute
owner thereof for all purposes, and payment of the principal of or interest on any Certificates shall be made only to or
upon the order of the registered owner thereof or such owner's legal representative. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Certificates, but the City or the Registrar may
require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection
with any transfer or exchange of Certificates except in the case of the issuance of a Certificate or Certificates for the
unredeemed portion of a Certificate surrendered for redemption.
TAX EXEMPTION
Federal tax law contains a number of requirements and restrictions which apply to the Certificates, including
investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper
use of certificate proceeds and the facilities financed therewith, and certain other matters. The City has covenanted to
comply with all requirements that must be satisfied in order for the interest on the Certificates to be excludable from
gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on
the Certificates to become includible in gross income for federal income tax purposes retroactively to the date of
issuance of the Certificates.
Subject to the City's compliance with the above-referenced covenants, under present law, in the opinion of
Bond Counsel, interest on the Certificates is not includible in the gross income of the owners thereof for federal income
tax purposes, and is not included as an item of tax preference in computing the federal alternative minimum tax for
individuals and corporations. Interest on the Certificates is taken into account, however, in computing an adjustment
used in determining the federal alternative minimum tax for certain corporations and in computing the "branch profits
tax" imposed on certain foreign corporations.
In rendering its opinion, Bond Counsel will rely upon certifications of the City with respect to certain material
facts solely within the City's knowledge. Bond Counsel's opinion represents its legal judgment based upon its review
of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result.
The Internal Revenue Code of 1986, as amended (the "Code"), includes provisions for an alternative minimum
tax ("AMT") for corporations in addition to the corporate regular tax in certain cases. The AMT, if any, depends upon
the corporation's alternative minimum taxable income ("AMTI"), which is the corporation's taxable income with
certain adjustments. One of the adjustment items used in computing the AMTI of a corporation (excluding S
Corporations, Regulated Investment Companies, Real Estate Investment Trusts, REMICs and FASITs) is an amount
equal to 75% of the excess of such corporation's "adjusted current earnings" over an amount equal to its AMTI (before
such adjustment item and the alternative tax net operating loss deduction). "Adjusted current earnings" would include
all tax exempt interest, including interest on the Certificates.
Under the provisions of Section 884 of the Code, a branch profits tax is levied on the "effectively connected
earnings and profits" of certain foreign corporations, which include tax-exempt interest such as interest on the
Certificates.
18
United City of Yorkville.Kendall County.Illinois
34,800,000 Debt Certificates,Series 2003
Ownership of the Certificates may result in collateral federal income tax consequences to certain taxpayers,
including, without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance
companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and
taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt
obligations. Prospective purchasers of the Certificates should consult their tax advisors as to applicability of any such
collateral consequences.
If a Certificate is purchased at any time for a price that is less than the Certificate's stated redemption price at
maturity, the purchaser will be treated as having purchased a Certificate with market discount subject to the market
discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable
ordinary income and is recognized when a Certificate is disposed of (to the extent such accrued discount does not
exceed gain realized) or, at the purchaser's election, as it accrues. The applicability of the market discount rules may
adversely affect the liquidity or secondary market price of such Certificate. Purchasers should consult their own tax
advisors regarding the potential implications of market discount with respect to the Certificates.
There are or may be pending in the Congress of the United States legislative proposals, including some that
carry retroactive dates, that, if enacted, could alter or amend the federal tax matters referred to above or adversely
affect the market value of the Certificates. It cannot be predicted whether or in what form any such proposal might be
enacted or whether, if enacted, it would apply to Certificates issued prior to enactment. Prospective purchasers of the
Certificates should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond
Counsel expresses no opinion regarding any pending or proposed federal tax legislation.
The Internal Revenue Service (the "Service") has an ongoing program of auditing tax-exempt obligations to
determine whether, in the view of the Service, interest on such tax-exempt obligations is includible in the gross income
of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will
commence an audit of the Certificates. If an audit is commenced, under current procedures the Service will treat the
City as the taxpayer and the Certificateholders may have no right to participate in such procedure.
LIMITED CONTINUING DISCLOSURE
Because at the time of the delivery of the Certificates the City will be an "obligated person" (as such term is
defined in Rule 15c2-12 (the "Rule")) with respect to less than $10,000,000 in aggregate amount of outstanding
municipal securities, including the Certificates, the City is exempt from the provisions of the Rule requiring the
delivery of annual financial information to the nationally recognized securities information repositories specified in the
Rule. However, pursuant to the Rule, the City will enter into a Continuing Disclosure Undertaking (the
"Undertaking") for the benefit of the beneficial owners of the Certificates to send certain financial information upon
request to any person or at least annually to the repository, if any, designated by the State of Illinois as the state
depository (the "SID") and recognized as such by the Securities and Exchange Commission (the "Commission") for
purposes of the Rule and to provide notice of certain material events to certain information repositories pursuant to the
requirements of Section (b)(5) of the Rule adopted by the Commission under the Securities Exchange Act of 1934. As
of the date of this Official Statement, the State of Illinois has not designated a SID.
The information to be provided, the events which will be noticed on an occurrence basis and a summary of
other terms of the Undertaking, including termination, amendment and remedies, are set forth below under "THE
UNDERTAKING".
The City is in compliance with each and every undertaking previously entered into by it pursuant to the Rule.
A failure by the City to comply with the Undertaking will not constitute a default under the Ordinance and beneficial
owners of the Certificates are limited to the remedies described in the Undertaking. See "THE UNDERTAKING -
Consequences of Failure of the City to Provide Information".
Bond Counsel expresses no opinion as to whether the Undertaking complies with the requirements of Section
(b)(5) of the Rule.
19
United City of Yorkville,Kendall County,Illinois
$4.800,000 Debt Certificates,Series 2003
THE UNDERTAKING
The following is a brief summary of certain provisions of the Undertaking of the City and does not purport to
be complete. The statements made under this caption are subject to the detailed provisions of the Undertaking, a copy
of which is available upon request from the City.
Audited Financial Statements Disclosure
The City covenants that it will disseminate its Audited Financial Statements upon request to any person or at
least annually to the SID, if any. "Audited Financial Statements" means the financial statements of the City as audited
annually by independent certified public accountants. The City's Audited Financial Statements are prepared according
to Generally Accepted Accounting Principles as applicable to governmental units (i.e., as subject to the pronouncements
of the Governmental Accounting Standards Board and subject to any express requirements of State law.)
Material Events Disclosure
The City covenants that it will disseminate to each Nationally Recognized Municipal Securities Information
Repository (a "NRMSIR") then recognized by the Commission or to the Municipal Securities Rulemaking Board (the
"MSRB") and to the SID, if any, in a timely manner the disclosure of the occurrence of an Event (as described below)
with respect to the Certificates that is material, as materiality is interpreted under the Securities Exchange Act of 1934,
as amended. The "Events" are:
• Principal and interest payment delinquencies;
• Non-payment related defaults;
• Unscheduled draws on debt service reserves reflecting financial difficulties;
• Unscheduled draws on credit enhancements reflecting financial difficulties;
• Substitution of credit or liquidity providers, or their failure to perform;
• Adverse tax opinions or events affecting the tax-exempt status of the security;
• Modifications to the rights of security holders;
• Bond calls;
• Defeasances;
• Release, substitution or sale of property securing repayment of the securities; and
• Rating changes.
Contact Person
Audited Financial Statements and notices of material Events can be obtained from: Ms. Traci Pleckham,
Finance Director, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560; telephone (630) 553-
4352.
Consequences of Failure of the City to Provide Information
In the event of a failure of the Cityto comply with anyprovision of the Undertaking, the beneficial owner of
PY
nccourt to cause the Cityto comply with its
anyCertificate mayseek mandamus or specific performance by
P Porder, P Y
obligations under the Undertaking. A default under the Undertaking shall not be deemed a default under the
Ordinance, and the sole remedy under the Undertaking in the event of any failure of the City to comply with the
Undertaking shall be an action to compel performance.
20
United City of Yorkville,Kendall County,Illinois
S4,800,000 Debt Certificates,Series 2003
Amendment; Waiver
Notwithstanding any other provision of the Undertaking, the City by resolution or ordinance authorizing such
amendment or waiver, may amend the Undertaking, and any provision of the Undertaking may be waived, if:
(a) The amendment or the waiver is made in connection with a change in circumstances that arises
from a change in legal requirements, change in law, or change in the identity, nature, or status
of the City, or type of business conducted;
(b) The Undertaking, as amended, or the provision, as waived, would have complied with the
requirements of the Rule at the time of the primary offering, after taking into account any
amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver does not materially impair the interest of the beneficial owners of the
Certificates, as determined by parties unaffiliated with the City (such as Bond Counsel).
Termination of Undertaking
The Undertaking shall be terminated if the City shall no longer have any legal liability for any obligation on or
relating to repayment of the Certificates under the Ordinance. The City shall give notice to each NRMSIR or the
MSRB and to the SID, if any, in a timely manner if this paragraph is applicable.
Additional Information
Nothing in the Undertaking shall be deemed to prevent the City from disseminating any other information,
using the means of dissemination set forth in the Undertaking or any other means of communication, or including any
other information in any Audited Financial Statements or notice of occurrence of a material Event, in addition to that
which is required by the Undertaking. If the City chooses to include any information from any document or notice of
occurrence of a material Event in addition to that which is specifically required by the Undertaking, the City shall have
no obligation under the Undertaking to update such information or include it in any future disclosure or notice of
occurrence of a material Event.
Dissemination Agent
The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying Out its
obligations under the Undertaking, and may discharge any such Dissemination Agent, with or without appointing a
successor Dissemination Agent.
LITIGATION
There is no litigation of any nature now pending or threatened restraining or enjoining the issuance, sale,
execution or delivery of the Certificates, or in any way contesting or affecting the validity of the Certificates or any
proceedings of the City taken with respect to the issuance or sale thereof.
21
1
United City of Yorkville,Kendall county.Illinois
$4.800.000 Debt Certificates,Series 2003
OFFICIAL STATEMENT AUTHORIZATION
This Official Statement has been authorized for distribution to prospective purchasers of the Certificates. All
statements, information, and statistics herein are believed to be correct but are not guaranteed by the consultants or by
the City, and all expressions of opinion, whether or not so stated, are intended only as such.
LEGAL MATTERS
Certain legal matters incident to the authorization, issuance and sale of the Certificates are subject to the
approving legal opinion of Chapman and Cutler, Chicago, Illinois, as Bond Counsel (the "Bond Counsel"), who has
been retained by and acts as Bond Counsel to the City. Bond Counsel has not been retained or consulted on disclosure
matters and has not undertaken to review or verify the accuracy, completeness or sufficiency of this Official Statement
or other offering material relating to the Certificates and assumes no responsibility for the statements or information
contained in or incorporated by reference in this Official Statement.
INVESTMENT RATING
Standard & Poor's Ratings Group, a division of McGraw Hill, has assigned the Certificates a rating of "AA".
This ratings are conditioned upon the delivery by Radian Asset Assurance Inc. of its standard form of Municipal Bond
New Issuance Policy. No application was made to any other rating agency for the purpose of obtaining an additional
rating on the Certificates. A rating reflects only the views of the rating agency assigning such rating and an explanation
of the significance of such rating may be obtained from such rating agency. The City has furnished to the rating
agencies certain information and materials relating to the Certificates and the City, including certain information and
materials which may not have been included in this Official Statement. Generally, rating agencies base their ratings on
such information and materials and investigations, studies and assumptions by the respective rating agency. There is no
assurance that such ratings will continue for any given period of time or that they will not be revised downward or
withdrawn entirely by such rating agencies if, in their judgment, circumstances so warrant. Any such downward
revision or withdrawal of such ratings may have an adverse effect on the market price of the Certificates. The City and
the Underwriter have undertaken no responsibility either to bring to the attention of the registered owners of the
Certificates any proposal change in or withdrawal of such ratings or to oppose any such revision or withdrawal.
UNDERWRITING
Bernardi Securities, Inc., Chicago, Illinois and Griffin, Kubik, Stephens & Thompson, Inc., Chicago, Illinois
(the "Underwriters") have agreed to purchase all but not less than all of the Certificates at a price of
$ . It is anticipated that delivery of the Certificates will occur on the date shown on the cover
page hereof. The Certificates may be offered and sold to certain dealers (including the Underwriters or other dealers
depositing Certificates into investment trusts) at prices or yields other than such public offering prices or yields shown
on the addendum to this Official Statement, and such public offering prices or yields may be changed, from time to
time, by the Underwriters.
•
22
United City of Yorkville,Kendall County,Illinois
$4,800,000 Debt Certificates,Series 2003
FINANCIAL ADVISOR
The City has engaged Speer Financial, Inc. as financial advisor (the "Financial Advisor") in connection with
the issuance and sale of the Certificates. The Financial Advisor will not participate in the underwriting of the
Certificates. The financial information included in the Official Statement has been compiled by the Financial Advisor.
Such information does not purport to be a review, audit or certified forecast of future events and may not conform with
accounting principles applicable to compilations of financial information. The Financial Advisor is not obligated to
undertake any independent verification of or to assume any responsibility for the accuracy, completeness or fairness of
the information contained in this Official Statement, nor is the Financial Advisor obligated by the City's continuing
disclosure undertaking.
CERTIFICATION
We have examined this Official Statement dated June _, 2003, for the $4,800,000 Debt Certificates, Series
2003, believe it to be true and correct and will provide to the purchaser of the Certificates at the time of delivery a
certificate confirming to the purchaser that to the best of our knowledge and belief information in the Official Statement
was at the time of acceptance of the bid for the Certificates and, including any addenda thereto, was at the time of
delivery of the Certificates true and correct in all material respects and does not include any untrue statement of a
material fact, nor does it omit the statement of any material fact required to be stated therein, or necessary to make the
statements therein, in the light of the circumstances under which they were made, not misleading.
/s/ ARTHUR F. PROCHASKA,JR. /s/ TRACI PLECKHAM
Mayor Finance Director
UNITED CITY OF YORKVILLE UNITED CITY OF YORKVILLE
Kendall County, Illinois Kendall County, Illinois
23
APPENDIX A
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
EXCERPTS OF FISCAL YEAR 2002 AUDITED FINANCIAL STATEMENTS
APPENDIX B
DESCRIBING BOOK-ENTRY ONLY ISSUANCE
1. The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the Securities
(the "Securities"). The Securities will be issued as fully-registered securities registered in the name of Cede & Co.
(DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One
fully-registered Security certificate will be issued for the Securities, in the aggregate principal amount of such issue,
and will be deposited with DTC.
2. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York
Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal
Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a
"clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC
holds and provides asset servicing for over 2 million issues of U.S. and non-U.S. equity issues, corporate and
municipal debt issues, and money market instruments from over 85 countries that DTC's participants ("Direct
Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and
other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges
between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct
Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing
corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing
Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants of DTC and Members of the
National Securities Clearing Corporation, Government Securities Clearing Corporation, MBS Clearing Corporation and
Emerging Markets Clearing Corporation, (NSCC, GSCC, MBSCC, and EMCC, also subsidiaries of DTCC), as well as
by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities
Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers
and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship
with a Direct Participant, either directly or indirectly ("Indirect Participants"), DTC has Standard & Poor's highest
rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission.
More information about DTC can be found at www.dtcc.com.
3. Purchases of Securities under the DTC system must be made by or through Direct Participants which will
receive a credit for the Securities on DTC's records. The ownership interest of each actual purchaser of each Security
("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will
not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive
written confirmations providing detailsof the transaction, as well as periodic statements of their holdings, from the
Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership
interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting
on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in
Securities, except in the event that use of the book-entry system for the Securities is discontinued.
4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the
name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized
representative of DTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such
other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial
Owners of the Securities; DTC's records reflect only the identity of the Direct Participants to whose accounts such
Securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will
remain responsible for keeping account of their holdings on behalf of their customers.
5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to
Indirect Participants and by Direct Participants and Indirect Participants to Beneficial Owners to Beneficial Owners will
be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from
time to time.
B-1
6. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Securities
unless authorized by a Direct Participant in accordance with DTC's Procedures. Under its usual procedures, DTC
mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s
consenting or voting rights to those Direct Participants to whose accounts Securities are credited on the record date
(identified in a listing attached to the Omnibus Proxy).
7. Redemption proceeds, distributions, and dividend payments on the Securities will be made to Cede & Co., or
such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct
Participants' accounts upon DTC's receipt of funds and corresponding detail information from Issuer or Agent, on
payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to
Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held
for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such
Participant and not of DTC, nor its nominee, Agent, or Issuer, subject to any statutory or regulatory requirements as
may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede &
Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of Issuer
or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of
such payments to the beneficial Owners will be the responsibility of Direct and Indirect Participants.
8. DTC may discontinue providing its services as depository with respect to the Securities at any time by giving
reasonable notice to Issuer or Agent. Under such circumstances, in the event that a successor depository is not
obtained, Security certificates are required to be printed and delivered.
9. Issuer may decide to discontinue use of the system of book-entry transfers through DTC (or a successor
securities depository). In that event, Security certificates will be printed and delivered.
10. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources
that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof.
•
B-2
APPENDIX C
FINANCIAL GUARANTY INSURANCE
Description Of Financial Guaranty Insurance Policy
A financial guaranty insurance policy (the "Policy") will be issued by Radian Asset Assurance Inc. (the
"Insurer") simultaneously with the issuance and delivery of the Certificates. The Policy is noncancelable during its
term and provides for the prompt payment of principal of and interest on the Certificates to the extent that
Amalgamated Bank of Chicago, Chicago, Illinois, as Trustee (the "Paying Agent"), has not received sufficient funds
from the City (the "Issuer") for payment of the Certificates on the "due date." The Insurer is obligated to make the
required payment on the later of the due date or the first business day after which the Insurer has received notice from
The Bank of New York, as Insurance Trustee (the "Insurance Trustee"), that the Issuer has failed to pay amounts due
on the Certificates. Under the Policy, the "due date" of the Certificates, when referring to the payment of principal,
means the stated maturity date thereof or the date on which payment of principal is due by reason of mandatory sinking
fund payments and does not mean any earlier date on which payment is due by reason of any call for redemption,
acceleration, or other advancement of maturity, other than in the discretion of the Insurer. With respect to interest on
the Certificates, the "due date" means the stated date for payment of interest. The Policy guarantees reimbursement of
any recovery of any such payment from a Holder or the Paying Agent pursuant to a final judgment by any court of
competent jurisdiction holding that such payment constituted a voidable preference within the meaning of any applicable
bankruptcy law.
For specific information on the coverage provided, reference should be made to the Policy that has been
reproduced in specimen form in APPENDIX C hereto. The Policy does not insure against nonpayment of principal or
interest on the Certificates due to the insolvency, misconduct or negligence of the Paying Agent. The Policy does not
insure the payment of any redemption premium.
Description Of Insurer
Radian Asset Assurance Inc. (the "Insurer") is a financial guaranty insurance company, regulated by the
Insurance Department of the State of New York and is domiciled in that State. The Insurer was formerly known as
"Asset Guaranty Insurance Company." The Insurer changed its corporate name to Radian Asset Assurance Inc., and as
of October 1, 2002, the Insurer has received approval to use its new name in all jurisdictions where it is licensed to do
business. As of June 30, 2002, the Insurer had total shareholders' equity of approximately $349,656,000 (unaudited)
and total assets of approximately $676,974,000 (unaudited). The financial information relating to the Insurer presented
in this Official Statement was prepared internally by the Insurer, based on generally accepted accounting principles,
and has not been audited by independent certified public accountants. The address of the Insurer's administrative office
is 335 Madison Avenue, New York, New York 10017, and its telephone number is 212-983-5859.
The Insurer has filed the following information with entities designated as Nationally Recognized Municipal
Securities Information Repositories ("NRMSIRs") pursuant to Rule 15c2-12 of the Securities Exchange Act of 1934:
(i) the Insurer's consolidated financial statements as of December 31, 2001 and 2000 prepared in
accordance with generally accepted accounting principles and an independent auditor's report relating to
those statements;
(ii) the Insurer's quarterly unaudited consolidated balance sheet as of March 31, 2002 and
unaudited consolidated statement of operations for the three month period then ended, prepared in
accordance with generally accepted accounting principles;
•
(iii) the Insurer's quarterly unaudited consolidated balance sheet as of June 30, 2002, and unaudited
consolidated statement of operations for the six month period then ended, prepared in accordance with
generally accepted accounting principles.
C-1
The Insurer is a wholly owned indirect subsidiary of Radian Group Inc. ("Radian"), a publicly-owned
corporation with its shares listed on the New York Stock Exchange (symbol "RDN"). Radian is the parent company of
Radian Guaranty Inc. and ExpressClose.com. Radian's products and services enable homebuyers to purchase homes
more quickly and with smaller downpayments, protect lenders against loan default, and lower the costs of mortgage
origination and servicing. None of Radian, Radian's other subsidiaries or any of Radian's investors is obligated to pay
the debts of or claims against the Insurer. A complete copy of the December 31, 2001 audited consolidated financial
statements and additional information of Radian, together with the accompanying report of their respective independent
auditors, is available from the Insurer upon written request.
Neither the Insurer nor any of its affiliates makes any representation regarding the Certificates or the
advisability of purchasing the Certificates and makes no representation regarding this Official Statement other than as
to the information supplied by the Insurer and presented under the heading "FINANCIAL GUARANTY
INSURANCE" and as set forth in APPENDIX C of this Official Statement. The Insurer's role is limited to providing
the coverage set forth in the Policy.
C-2
06/04/2003 12: 43 FAX 630 553 5764 DANIEL J. KRAMER e002/004
Revised June 4, 2003
STATE OF ILLINOIS )
)ss
COUNTY KENDALL )
ORDINANCE NO. 2002-
ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE'S
COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT
WHEREAS, there is in effect, in the State of Illinois, art act known as the Illinois
Prevailing Wage Act (820 ILCS 130/0.01 et. seq. 2000); and
WHEREAS, said Act requires municipalities to comply with the Prevailing Wage Act
when contracting for public works projects and imposes certain obligations on the part of said
municipalities to implement and enforce the terms and provisions of said Act; and to pay the
prevailing wages for all contractors, subcontractors, employees, and for any labor required under
Municipal Public Works contracts in compliance with the Act;
NOW THEREFORE, the Mayor and City Council of the UNITED CITY OF
YORKVITJ E, upon motion duly made, seconded, and approved, do hereby ORDAIN as follows:
1. The UNITED CITY OF YORKVILLE shall comply with the Illinois Prevailing
Wage Act as set forth in 820 ILCS 130/0.01 et. seq.
2. The UNITED CITY OF YORKVILLE shall comply with all provisions of the
Davis-Bacon Act at the Federal level if stricter than Illinois requirements.
Page 1 of 3
06/04/2003 12 43 FAX 630 553 5764 DANIEL J KRAMER (ifJ003/004
3. All ordinances or parts of ordinances conflicting with any of the provisions of this
ordinance shall be and the same are hereby repealed.
4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining portions
hereof.
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
, 2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this Day of , A.D. 2003.
MAYOR
Page 2 of 3 '
06/04/2003 12 43 FAX 830 553 5764 DANIEL J. KRAMER t004/004
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this . Day of , A.D. 2003.
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J.Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
Page 3 of 3 '
06/13/2003 14 30 FAX 630 553 5764 DANIEL J. KRAMER R1002/004
n4' (t, -L
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
RESOLUTION NO.
RESOLUTION APPROVING SENIOR CITIZEN POLICY
FOR GARBAGE CONTRACT DISCOUNT
WHEREAS, the UNITED CITY OF YORKVILLE has entered into an extended Contract
for refuse and garbage pickup services with a private Contractor; and
WHEREAS, the UNITED CITY OF YORKVILLE had previously adopted a policy for
providing a Senior Citizen discount for the benefit of its citizens in Resolution No. 2002,17:
WHEREAS, the cost of said services has continually risen due to a variety of factors
concerning limited landfill space and other increased expenses of disposal of'garbage and refuse;
and
WHEREAS, the City Council through its Public Hearing process has acknowledged that a
problem exists in payment of mandate such as garbage refuse pickup cost, for people with fixed
incomes; and
NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED, AND
APPROVED BY A MAJORITY OF THOSE VOTING THE CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE DOES HEREBY ORDAIN THAT THE POLICY CREATED
AND ADOPTED BY THE CITY FOR A SENIOR CITIZEN DISCOUNT AS TO PAYMENT
OF GARBAGE BILLS IS HEREBY AMENDED, as set out in the attached Exhibit "A"
incorporated herein by reference.
06/13/2003 14 30 FAX 830 553 5764 DANIEL J KRAMER 003/004
MIKE ANDERSON JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
this Day of , A.D. 20_
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this Day of , A.D. 20=
Attest:
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
06/13/2003 14 .30 FAX 630 553 5764 DANIEL J. KRAMER 0004/004
EXHIBIT "A"
"The discount is fifty cents ($.50)per month and to identify who qualifies for the discounted
rate."
)
TROY & BANKS
Utility and Telecommunication Consultants
Corporate Officee:
BUFFALO-NEW YORK
Snyder Professional Ctr.
Suite 102
4536 Main Street June 4,2003
Buffalo,NY 14226
(800]499-8599 Ms. Traci Pleckham
[716]839-4402
Telefax(716]839-4452 Finance Director
City of Yorkville
800 Game Farm Road
Branch Offices: Yorkville,IL 60560
CALIFORNIA
1143 M Street
Fresno,CA 93654 RE: Troy& Banks' Utility Audit
FLORIDA Dear Ms.Pleckham:
34912 Teeview Lane
Tampa,FL 33541 On Monday,June 2,2003,I had a conversation with Mr.Bart Olson,from your office. As promised,
please find enclosed a brochure of information outlining the services of our firm,accompanied by recent articles
GEORGIA detailing some of our work.
P.O.Box 923474
Norcross,GA 30010 Troy&Banks,Inc. (T&B) is a utility and telecommunication consulting firm which specializes in
auditing commercial customer accounts for billing errors and overcharges,and prosecuting claims for refunds,
NEW YORK credits and rate changes to utilities and state Public Service Commissions.
62 Matlock Road
Rochester,NY 14428 Our firm has assisted thousands of rate payers(including publicly owned,privately held businesses,
4764 Summerhurst Drive not-for-profit organizations and government entities)in significantly reducing their annual utility and
Liverpool,NY 13088 telecommunication costs, as well as recovering refunds for over billings. We are currently performing or have
completed audits for the following entities: City of Elgin,City of Albany, City of Buffalo,Bristol Meyers
Squibb,M&T Bank,Fleet Boston Financial,County of Boulder Colorado,Lockheed Martin,United States
TENNESSEE Postal Service,Canisius College and AMTRAK—nationwide and L.L. Bean.
904 Lake Haven Road
Knoxville,TN 37922
T&B's success has been aided by an extensive knowledge of the utilities and telecommunications
industry. Our auditors and analysts(many of whom worked for utility and telecommunication companies
before joining our firm), and attorneys who have extensive experience in contract and regulatory matters,give
save®troybanks.com
us the experience needed for success. As a result,T&B's efforts have saved our clients millions of dollars
Internet address: annually and have been very effective in obtaining refunds and credits for companies across the country.
www.troybanks.com
Troy&Banks'fees are based on results,if we are unable to obtain a refund or credit;there is no
charge for our services. An audit of this nature has the potential to save City of Yorkville thousands of dollars
paid on utility and telecommunication bills.
I am available to speak with you to explain in greater detail,how Troy&Banks,Inc.provides its
services. Therefore,should you have any questions,please feel free to contact me at our office at(716)839-
4402.
Sincerely,
TROY&BANKS,INC.
- / . . .
BY: - .'J
Keith G.Tyson, Con• ltant
KGT/
Enclosure
Cc: Mr.Bart Olson,City of Yorkville
TO BEGIN A TROY & BANKS AUDIT:
This instruction sheet has been prepared for your use in
gathering the information for your utility and
telecommunication audit.
I
. Copy one ( I ) bill from each of your utility accounts
including electric, gas, fuel, and from all telecommunication
accounts including, cellular, local, long distance, data,
and frame relay. (Summary Page Only).
2 . Execute the enclosed Client Agreement and Letter of
Authorization form.
3 , Send all information to:
mom..1.11.111:7:'%,
TROY & BANKS
Utility and Telecommunication Consultants
4536 Main Street, Suite 102
Buffalo, NY 14226
Tel. 839-4402 or Fax 839-4452
If you have any questions please call us at
1 -800-499-85E9
PLEASE RETYPE THIS AUTHORIZATION FORM
ONTO YOUR COMPANY LETTERHEAD
•
Date:
Our utility and telephone companies are:
Dear Representative:
We have this date engaged Troy &Banks, Inc. as utility and telephone consultants
to serve as our agent for the purpose of auditing and evaluating our account(s).
Please respond to Troy &Banks, Inc. in all matters pertaining to our accounts
with you. This includes providing all billing information, billing records, and order activity
with reference to our service and equipment. This authorization shall continue until same
is canceled in writing from our office.
Troy &Banks is hereby authorized to pursue credits due us for past billing
discrepancies and act as our agent should a refund check be desired in lieu of a credit.
Their representative will present this request when contacting your offices.
Very truly yours,
Print Name:
Title:
3
TROY & BANKS
Utility and Telecommunication Consultants
Corporate Office*:
BUFFALO-NEW YORK Agreement
Snyder Professional Ctr.
Suite 102
4536 Main Street This Agreement is entered into as of between Troy & Banks, Inc. ("TB") and
Buffalo,NY 14226
(800)499-8599
(716)839-4402 with an address at
Telefax(716)839-4452
(the "Client").
Branch Offices:
CAUFORNIA
1143 M Street In consideration of the mutual agreements hereafter set forth, TB and Client agree as follows:
Fresno,CA 93654
1. The Client engages TB to conduct an audit or survey of Client's gas, electric,
FLORIDA telecommunications and water utility ("Utility") service accounts for the purpose of securing
34912 Teeview Lane refunds, credits and cost reductions resulting from discovery of charges or costs in excess of
Tampa,FL 33541 those permitted or allowed by applicable contracts, tariffs, statutes, rules and regulations
and/or from overcharges or billing errors. TB agrees to conduct such audit.
GEORGIA
P0.Box 923474 2. Overcharges — For any refunds, credits or rebates obtained by TB for prior overcharges,
Norcross,GA 30010 billing errors or costs in excess of those permitted by applicable contracts, tariffs, statutes,
rules or regulations, TB shall be paid 50% of all monies refunded or credited to the Client.
NEW YORK
62 Meilock Road 3. Future Cost Reductions - For any reductions in future costs for electric, gas,
Rochester,NY 14428 telecommunication and water services resulting from TB analysis, the fee is 50% of the
4764 Summerhurst Drive amount saved each month for 12 months. TB will document actual monthly savings obtained
Liverpool,NY 13088 by analysis of tariff cost applications.
NORTH CAROUNA 4. TB has made and makes no guarantee or assurance of any credit or refund amount or cost
12260 Greenway Circle saving results.
Laurinburg,NC 28352
5. If Client does not receive refunds, credits, or reductions in future billings, there will
TENNESSEE be no fee for TB services.
904 Lake Haven Road
Knoxville,TN 37922 6. This Agreement sets forth the entire understanding and agreement between the parties.
e-mail:
save@troybanks.com [Client Name] Troy & Banks, Inc.
internet address:
www.trcyhanks.corn
By: By:
Thomas T. Ranallo, President
Name:
,
Title:
Telephone:
Telefax:
j �t --1=-Cr DRAFT
ORDINANCE NO.
AN ORDINANCE PROPOSING THE ESTABLISHMENT
OF SPECIAL SERVICE AREA NUMBER 2003-102 (RAINTREE VILLAGE—SOUTH)
IN THE
UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER
PROCEDURES IN CONNECTION THEREWITH
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS:
Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the
"City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of
Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS
200/27-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes
and issuing bonds for the provision of special services to areas within the boundaries of
municipalities and counties.
Section 2. Findings. The City Council of the City finds and determines as follows:
a. Owners of record (the "Owners") of that portion of the City described in
Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory")
have expressed an interest in the construction, acquisition and installation of various
infrastructure improvements to their properties as further described herein; and
b. Pursuant to Section 27-20 of the Act, the Owners have filed an application
with the City Council of the City proposing that the City establish a special service area
(the "Application"); and
c. It is in the public interest that the City Council of the City consider the
creation of a special service area for the Subject Territory; and
d. The special service area proposed for consideration is compact and
contiguous and is outlined on the map of a portion of the City, which map is attached
hereto as Exhibit B and made a part hereof; and
e. The proposed special service area will benefit specially from the
municipal services to be provided to the area. These proposed municipal services are in
addition to municipal services provided to the City as a whole.
Section 3. Proposal. In response to the expressed interest of the Owners, the City
Council of the City hereby accepts the Application and proposes the establishment of City of
Yorkville Special Service Area Number 2003-102 (Raintree Village — South) for the
construction, acquisition and installation of infrastructure improvements to serve the Subject
Territory.
Section 4. Public Hearing. A public hearing shall be held on the day of
, 2003, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville,
Illinois, to consider the creation of the City of Yorkville Special Service Area Number 2003-102
(Raintree Village— South), in the Subject Territory.
At the hearing, the following alternative methods of financing improvements within the
proposed special service area will be considered: (i) the imposition or levy by the City of a tax
in the proposed special service area sufficient to produce revenues to provide special municipal
services to the proposed special service area; the maximum rate of such taxes to be extended in
any year for special services under this ordinance within the proposed special service area shall
not exceed the amount necessary to produce a maximum annual tax levy of $1,200,000 in
accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to
exceed an aggregate principal amount of $12,000,000 to be evidenced by special tax bonds of
such area (the "Bonds"), the proceeds of which shall be used to pay the cost of providing special
municipal services to the proposed special service area, to fund certain reserves for, and interest
on, the Bonds and initial administrative expenses relating to the proposed special service area,
and to pay the cost of issuing the Bonds. The special municipal services to be provided to the
proposed special service area may include: engineering, soil testing and appurtenant work, mass
grading and demolition, storm water management facilities, storm drainage systems and storm
sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion
control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks,
equestrian paths and related street improvements, and equipment and materials necessary the
maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and
easement acquisitions relating to any of the foregoing improvements, required tap-on and related
costs.for water or sanitary sewer services and other eligible The Bonds, if issued, shall be
retired over a period not to exceed forty (40) years from the date of their issuance and shall bear
interest at a rate not to exceed the greater of nine percent (9%) per annum or 125% of the rate for
the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as
published in the most recent edition of The Bond Buyer, published in New York, New York, at
the time the contract is made for the sale of the Bonds. The Bonds, if issued, shall be retired by
the levy of an annual tax levied against each parcel of property within the special service area
pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the
principal thereof at maturity and to pay the costs of administration and maintenance of the
Subject Territory. This tax is to be levied upon all taxable property within the proposed special
service area.
Section 5. Notice of Public Hearing. Notice of hearing shall be published at least
once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a
newspaper of general circulation in the City. In addition, notice shall be given by depositing the
notice in the United States mail addressed to the person or persons in whose name the general
taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within
the proposed special service area. This notice shall be mailed not less than ten (10) days prior to
the time set for the public hearing. In the event taxes for the last preceding year were not paid,
the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of
the property. The notice to owners of record shall be in substantially the form set forth in
Exhibit C to this Ordinance.
2
Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances
in conflict with the provisions of this ordinance are repealed to the extent of such conflict.
Section 7. Effective Date. This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA O'HARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
PASSED AND APPROVED this day of ,2003.
Mayor
ATTEST:
City Clerk
[SEAL]
3
EXHIBIT A
Legal Description
EXHIBIT B
Map of Special Service Area Number 2003-102 (Raintree Village— South)
EXHIBIT C
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2003-102 (RAINTREE VILLAGE—SOUTH)
NOTICE IS HEREBY GIVEN that on , 2003 at 7:00 p.m. at the Yorkville
City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the City of
Yorkville to consider forming a special service area, to be called "City of Yorkville Special
Service Area Number 2003-102 (Raintree Village — South)," consisting of the territory legally
described in Exhibit 1 to this Notice.
The approximate street location is the area generally depicted on the map of a portion of
the City, which map is attached as Exhibit 2 to this Notice.
The general purpose of the formation of the City of Yorkville Special Service Area
Number 2003-102 (Raintree Village— South) is to provide special municipal services to the area
which may include: engineering, soil testing and appurtenant work, mass grading and
demolition, storm water management facilities, storm drainage systems and storm sewers, site
clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control
measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian
paths and related street improvements, and equipment and materials necessary for the
maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and
easement acquisitions relating to any of the foregoing improvements, required tap-on and related
fees for water or sanitary sewer services and other eligible costs.
There will also be considered at the hearing the following alternative methods of
financing improvements within the proposed special service area: (i) the levy of a tax by the
City in the proposed special service area, sufficient to produce revenues to provide special
municipal services to the proposed special service area; the maximum rate of such taxes to be
extended in any year within the proposed special service area which shall not exceed the amount
necessary to produce a maximum annual tax levy of$1,200,000 in accordance with the special
tax roll referred to below, and (ii) the issuance of special tax bonds in an aggregate principal
amount not to exceed $12,000,000 at an interest rate of not to exceed the greater of nine percent
(9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index
of average municipal bond yields as published in the most recent edition of The Bond Buyer,
published in New York, New York, at the time the contract is made for the sale of the bonds, and
to mature within thirty (30) years from the date of their issuance. The bonds, if issued, shall be
retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on
such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs
of administration and maintenance of the special service area, said tax to be levied upon all
taxable property within the proposed special service area.
At the hearing, all interested persons affected by the formation of such special service
area, including all persons owning taxable real estate therein, may file written objections to and
be heard orally regarding the formation of and the boundaries of the special service area, the
issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the
City Council without further notice other than a motion to be entered upon the minutes of its
meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the City of Yorkville
Special Service Area Number 2003-102 (Raintree Village — South) and by at least 51% of the
owners of record of the land included within the boundaries of the City of Yorkville Special
Service Area Number 2003-102 (Raintree Village — South) is filed with the City Clerk of the
City of Yorkville within 60 days following the final adjournment of the public hearing objecting
to the creation of the special service area, the issuance of bonds for the provision of special
services to the area or the levy of taxes affecting the area, no such area may be created and no
such bonds may be issued or taxes levied or imposed.
2
Exhibit 1 to Notice
Legal Description of Property
•
Exhibit 2 to Notice
Map of Proposed Special Service Area
Ali) 4: Cr
DRAFT
RESOLUTION DECLARING OFFICIAL INTENT
OF THE UNITED CITY OF YORKVILLE
KENDALL COUNTY,ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") wishes to design,
acquire, construct and install special services within the City's Special Service Area Number 2003-102 (Raintree
Village — South) (the "Special Service Area") and the City wishes to issue its special tax bonds to finance said
special services; and
WHEREAS, the City hereby fmds and determines that the financing of the special services described
below by the City will serve the public purposes of the Special Service Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville,
Kendall County, Illinois as follows:
1. The City intends to issue obligations (the "Bonds") for the purpose of financing the design,
acquisition, construction and installation of special services consisting of engineering, soil testing and appurtenant
work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers,
site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads,
streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements,
and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree
installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on
and related fees for water or sanitary sewer services and other eligible costs (the "Project"). The total amount which
the City intends to borrow through the issuance of the Bonds for the Project will not exceed $12,000,000.
2. Certain costs will be incurred by the City in connection with the Project prior to the issuance
of the Bonds. The City reasonably expects to reimburse such costs with proceeds of the Bonds.
3. This Resolution constitutes a declaration of official intent under Treasury Regulation Section
1.150-2.
4. This Resolution shall be in full force and effect from and after its passage, approval and
publication in pamphlet form, as provided by law.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA O'HARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
PASSED AND APPROVED this day of , 2003.
Mayor
[SEAL]
ATTEST:
City Clerk
-2, I/ k. ( I,\..._, (
YORKVILLE
IP TJ
1 14,
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PARKS 4,RECREATION
UNITED CITY OF YORKVILLE
PARK AND RECREATION DEPARTMENT
SERVICE REPORT FOR 2002-2003
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MISSION STATEMENT
TO ACT IN UNISON WITH THE UNITED CITY OF YORKVILLE GOALS AND TO
ENHANCE THE RECREATION OPPORTUNITIES FOR THE RESIDENTS
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A
Yorkville Park and Recreation Department
Administration Office — 301 E Hydraulic Street Yorkville, IL 60560 630 553-4341
Beecher Community Center — 908 Game Farm Road Yorkville 60560 630 553-4357
2
GOALS AND OBJECTIVES
Respond to the expressed needs and desires of the residents
• To maintain quality and diversity of core services in response to resident needs
• To promote a continuum of services in response to individual and partnership needs for
a successful and quality recreation experience
• To promote Park and Recreation services and offerings to the community by developing
new ways to disseminate information with the intent to promote, educate and recruit
• To develop, fund and implement a comprehensive staff enrichment program
Implement the Parks and Open Space Master Plan
• To promote the identification of new and innovative services in response to the growing
trends and needs of the residents
• To promote and expand the resources, referrals, and networking of community partners
for individuals and families
• Acquire and preserve open space and high quality natural areas to meet existing and
future recreation needs.
Utilize financial Resources efficiently and equitably
• To provide responsible financial procedures and information
• Establish programs to secure donations, sponsorship and contributions
• To maintain community partnership to avoid the duplication of services and the best use
of tax payer dollars
3
HIGHLIGHTS FOR 2002-2003
• Expanded the Recreation Staff with the addition of the Executive Director, Recreation Supervisor and
Administrative Assistant.
• Expanded the Parks staff with the addition of the Ball field and athletic field specialist.
• Completed the development of the Emily Sleezer Park and the Corlands Agreement for West Hydraulic
greenway.
• Increased in the number of family and holiday programs and implemented new programs(Holiday Caroling,
Santa Letters, Fishing and expanded Soccer).
• Established annual departmental goals and objectives.
• Completed the maintenance standards and time analysis, and implemented a team focus work group
system.
• Developed a Community wide survey with NIU and received 53%response.
• Completed a feasibility study for the possible development of an Aquatic Center.
• Completed the revision to the Parks and Open Space Master Plan.
• Expanded a cooperative agreement with the Youth Baseball and Softball Association.
• Completed an Asset and Capital Replacement Plan for Parks and Recreation Department Inventory.
• Applied for Illinois First, Open Land Trust, and Illinois Clean Energy Grants.
• Developed a Corporate Sponsorship Program.
• Developed grant/scholarship guidelines for financial needy residents.
• Received an increase in financial support from the Kendall County Youth Services grant for after-school
programs.
• Expanded the technology of RecTrac with expanded users.
• Completed the renovations of the Riverfront Building.
• Completed developers standards for new park developments.
• Expanded facility usage through community networking to encompass non-school district sites.
4
RECREATION SERVICES SUMMARY COMPARISON FOR
FISCAL YEAR 2001/2002 AND 2002/2003
Programs Offered
This reflects the total number of separate activities offered through the Recreation
Department.
60 = ? Vi‘, 't
vG' s
-. .-0 :t.)::,,-, ,, siiis),,ii, Por
{fes
` Programs offered
30 r"'."' ;! g; 2001/2002
A, f :i ®Programs offered
20 , 2002/2003
10 gl[:._. 111111 i .,11 It ,,' ,I„i ill .,,g
kgl
__
- IIIII .,v illi,,li i .I!
Summer Fall Winter Spring
COMPARISONS
Fiscal Year 2001/2002 Fiscal Year 2002/2003
Summer 2001 45 Summer 2002 45
Fall 2001 32 Fall 2002 47 Increase of 32%
Winter 2002 35 Winter 2003 49 Increase of 29%
Spring 2002 33 Spring 2003 60 Increase of 45%
5
PROGRAMS SUCCESSFUL / CANCELLED 2001 /2002
45 -�-4. 4 s em.. * ` 4 u 't
40 ' , ' lig
35 5-ta 7
30 i' , t':-,;.,:4 -
25 ' = -4 4 4 ' 82001/2002 Successful Sections
15 4 ■2001/2002 Cancelled Sections
10 _ :: �, r
IN=L.4. in
Summer Fall Winter Spring
PROGRAMS SUCCESSFUL / CANCELLED 2002 /2003
60 A3,r ' r
50-' - -1,2',11,,t,'';--A .. . iC;.� 1
40� -i U• ; . „a 4 7,, `4 ❑2002/2003 Programs/
414 i Sections offered
30."— 4 El 2002/2003 Successful
�3 , •= Sections
20r „s ' [ ❑2002/2003 cancelled
10-'' I Sections
0
Summer Fall Winter Spring
Summer 2001- 41 programs were implemented for a 91% success rate and 4 programs
cancelled (9%). In comparison in Summer 2002 40 programs were successfully
implemented (89%), with 5 cancellations (11%) due to low enrollment.
Fall 2001 - 38 programs were implemented (88%) and 4 cancelled (13%). In comparison to
Fall 2002 40 programs were successfully implemented (85%), and 7 programs cancelled
(15%).
Winter 2002 —44 sections offered 39 sections implemented (88%) and 5 (11%) cancelled.
In Winter 2003 out of 49 sections 36 (75%) were implemented and 12 (25%) cancelled.
Spring 2002 —24 (73%) of the programs were implemented successfully with 9 (27%) of the
programs canceling. In Spring 2003 43 different activities were offered with 60 sections
(individual classes) 31 (52%) of the sections were implemented successfully with 29 (48%)
sections canceling. Ten sections were affected by the illness of the instructor, with
these removed 62% of activities were successfully implemented and 38% cancelled.
6
TOTAL REGISTRATION
Registrations reflect those individuals in successfully implemented programs.
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2001/2002 2002/2003
1173 1872 Increase of 37% I 699 registrations
COMMENTS / RATIONALE:
Overall, the registration of participants has increased each quarter as well as each year, due to
the fact that the number of individuals classes and sections are increasing. The increase in full
time recreation staff has contributed to the increase offerings.
In addition, the community wide survey was completed enabling staff to respond to residents
desires and interests for class offerings and preferred times, which in turn impacted the success
of the classes offered.
In Spring 2003, one instructor became ill resulting in 10 sections of classes being cancelled. In
order to prevent this from happening in the future, staff is implementing a team teacher
approach for classes with more than two sections.
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7
FACILITIES
Beecher Community Center
The Beecher Community Center has 2 classrooms, kitchen facilities and 1 large multi-use room
available for recreation programs, city events, community groups and organizations and rentals.
During 2002-2003 there were 79 paying rentals using the building for wedding receptions, family
reunions, private gatherings, and miscellaneous uses. In addition, to the paying rentals there
are community organizations groups who utilize the Beecher Community Center daily and
weekly. These groups include; Boy Scouts, Cub Scouts, Girl Scouts, Lions Club, Salvation
Army Nutrition Program, Yorkville Economic Development, Kendall County, Senior Services,
and Yorkville School District.
Improvements and maintenance
Overall improvements and appearance of the building were made this year, including the
replacement of the lighting and ceiling tiles throughout the building, replacement of doors,
exhaust fans, and painting.
Riverfront Building
The Riverfront Building is located on Hydraulic Street
at the east end of the Bicentennial Riverfront Park. «�� ,,I ams
The building was donated by a local developer, and = -! d "_`
enhanced by the Park staff with landscaping, painting, ` � `�
utilities, and office improvements. The riverfront r .VI I IIj'r111
building is the new home to the administrative offices � ;% may` T 'L = -
for Park and Recreation Department with offices for _
the Executive Director and Superintendent of
Recreation. •
During the Summer of 2003 the buildings uses will be expanded to include nature activities,
photography classes and meetings.
PARK DEPARTMENT Highlights
The Parks Department maintains and prepares recreation facilities, open space areas and
athletic fields that are functional and enable visitors to enjoy an optimal recreation experience;
Provides safe and healthful areas and facilities for visitors, employees and other users; Provides
clean, attractive and aesthetically pleasing area and facilities; Reduces and minimizes risk
through safe preventative maintenance; and Promotes the protection of the environment and
ecological surroundings.
8
Beecher Community Park
Beecher Park is over 22 acres of athletic fields, playgrounds and baseball fields. This park is
the main setting for the majority of the summer athletic programs offered by the Recreation
Department and Youth Sport Organizations.
This year the Parks Department enhanced the appearance of the Park with improvements to the
playground area with the addition of a walkway around the play area, a service walk,
landscaping, and permanent picnic tables and concrete slab.
In addition, large improvements were made on the overall conditions of the ball fields with the
hiring of a fulltime athletic field maintenance worker.
Cobb Park
Cobb Park is a mini park that is less than a quarter of an acre. It has limited use and
playground amenities because of the amount of space. It is utilized by the high density
residential area surrounding the park.
Emily Sleezer Park
This new one-acre park is located in the center of a new housing development, with growing
needs. This park was added in 2002 and includes a large multi-age playground, picnic tables,
benches, landscaping, and half court basketball. The entrance to the park is through a trail
system that extends throughout the development allowing for easy access.
Fox Hill
Fox Hill development has two park sites. One site at the entrance of the housing development
has a multi-age playground, basketball court, trail system and open field area that has been
utilized for a youth soccer practice field.
The second area which consists of 19 acres with a combination of active use and open space is
still undeveloped. Future concept plans are underway for the development of the active use
area.
Prairie Park
Prairie Park is the oldest neighborhood park, consisting of 1.6 acres. This park serves a large
neighborhood region with a multi-age playground, accessible swing, picnic tables, and park
bench. In addition, there is a dry detention are adjacent to the park that is used for informal
youth practices for baseball and soccer. Several trees are planted at this site as part of the tree
donation program.
Price Park
Price Park is located in large subdivision on the south end of the town. This three-quarter of an
acre park is highly used. This park consists of a multi-age playground, tables, park benches,
swings, half court basketball and a walkway surrounding the park. There is a retention area
adjacent to the park that is maintained by the Parks Department, with additional development
plans to establish some primitive plantings and natural areas to enhance the ecological and
wildlife within this area.
9
Purcell Park
A small neighborhood park located on a corner east of 47 and cannonball trail, this park is
targeted for preschoolers. With a small tot lot and swings this park provides walking access by
the residents surrounding the park.
Bicentennial Riverfront Park
ri, This park was reconstructed through the dedication and
expertise of community volunteers. Located at the Fox
M.:. River on Hydraulic Street, this park is a favorite of
visitors and residents during the summertime months.
y , This park provides fishing access to the Fox River in a
` ' �' ' 'i '"� '!'�}�'� l
beautifully landscaped settin9. playground, small picnic+ti1
shelters and walkway areas.
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Town Square
Located in the heart of the downtown area, this two-acre park is located along route 47 and
highly visible to visitors and residents. This park hosts several seasonal events and rental
opportunities with a large "Gazebo" shelter and well groomed landscaping. This park also is the
prime site for the tree donation program. Town Square is also host to the American Legion
perpetual flame in recognition to the veterans.
Skate Park
This small adventure park is located on leased property on the south end of town along with
Route 47. Constructed through funds obtained through grants and volunteer support. This park
has limited skate park features, but has been well used and demonstrates the need for
expansion and relocation to allow for increased opportunities.
Van Emmon Memorial Park
This local ballfield park is the true representation of a hometown feel. With a grass infield this
ballpark is a picturesque setting for the youth. Future enhancements to this park include paved
parking areas, permanent bleachers, additional landscaping buffers, and minor improvements to
ballfield layouts.
AFFILIATES GROUP INVOLVEMENT
Community groups have been very active in the parks during the spring and summer months.
These groups have assisted with restoration and beautification projects throughout the parks
with the direction from the Park Foreman. This year's community group support was provided
by;
Cub Scouts Garden Club Yorkville American Legion
4-H Club Riverfront Foundation . Girls Scouts
10
THE RECREATION DEPARTMENT
The Recreation Department staff work to provide a wide range of activities to all the residents of
Yorkville. Seasonally the staff concentrates on focus areas for service. These include; leagues,
instructional, skill development, special interest, cultural and drama, arts and crafts, trips,
nature, camps, entertainment, and general variety classes.
Currently leagues are offered for the following activities: Youth Fall Soccer, Men's Basketball,
Girls and Boys Basketball and Adult Co-Ed Softball.
The recreation department offers a variety of youth programs and activities such as; art, crafts,
dance, tee-ball, tennis, hockey, golf, fitness, preschool variety self-defense, instructional
classes, skill development sports, entertainment, day trips, camps, and outdoor activities.
The department currently offers activities for adults and seniors usually as a combined age
group class. Day trips have been scheduled each quarter as well as, fitness, yoga, self-
defense, instructional classes, entertainment, bocce ball, and art and drawing.
AFFILIATES
The following organizations have been in place and contributing to the community and the
recreation department for several years. The department believes these groups serve the
residents well in their current capacity and add to the department's services as an "extension"
to the recreation department. The staff maintains good communication with each group and
works to develop opportunities to assist with future growth.
Youth Baseball/Softball Association—This organization has been in operation for many years in
Yorkville. The organization has increased in participation numbers each year with
approximately 750 youth enrolled for the summer of 2003. The recreation department assists
with publicity, dissemination of information and the use of the Beecher Community Building for
registration. Also an agreement is in place for use of the Beecher Community Park ball fields.
Youth Wrestling Club - This group is an extension of the school district wrestling program.
Elementary and Middle School ages participate in this program throughout the winter months.
Parents of those children involved currently organize it. The recreation department provides
use of the community building to them for special events. The clubs activities are published in
flyers available at the Beecher Community Building.
Yorkville Youth Football—This organization is also an extension of the school district, being
allowed to use the school's practice field and football field for games.
Senior Services/Salvation Army Nutrition Program—These two organizations have been
operating in the community for over 20 years providing meals and social opportunities to
seniors. The Recreation Department supports both groups by advertising their activities such
as; theme parties, dinners at noon, instructional classes, trips and other services. The
Recreation Department will continue to work with these two groups to increase the programs
available for seniors and to avoid duplication of services.
11
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DIRECTION FOR 2003-2004
Administration
• Implement the recommendations established by the Parks Master Plan, and
community survey.
• Evaluate and update cooperative agreements
• Identify new grant funding avenues for land development and acquisition
• Acquire and preserve open space and high quality natural areas to meet existing
and future recreation needs.
Recreation
• Establish the recreation standards for program planning and implementation
• Continue to expand the program offerings to residents throughout the city
• Incorporate new offerings for areas of underserved
• Establish a teen advisory council
• To promote and expand the resources, referrals, and networking of community
partners for individuals and families
• Expand the recruitment and acknowledgement of volunteers
• Establish a student internship program for recreation majors and related fields
12
Parks
• Implement the recommendations established by the Parks Master Plan, and
community survey.
• Involve the residents in maintenance and ' -_ )
care of open land and park space
• To plan facilities and parks which can be \-4
flexible and efficient in accommodatinga ' eir„ ;'
varietyof uses and needs = (�` •
7,4
• To implement the maintenance standards . y ;..,
for existing facilities and open space • -� . 1 ', 1
• To evaluate and recommend changes for °� 4 � !/ '
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existing facilities and parks ;
• To assist with the designing for recreation 3 F: '4
areas with the focus of open space
preservation
• Identify areas where the ecosystem and wildlife are fragile and in need of
preservation
• To assist City Departments with cross department support when necessary
PARK AND RECREATION BOARD
The Park and Recreation Board meets semi-monthly to monitor, advise and direct the
achievement and directions for the Park and Recreation Department.
Function of the Park and Recreation Board Members include;
• To act in unison with the Mayor and City Council actions and directions.
• Provide advise and counsel as well as insight into the local community.
• Establish policy for the development and operations of the Park and Recreation
Department.
• Delegate responsibility for the management of the department to the Executive Director.
• Assist in making community organizations aware of the needs of the city and department
pertaining to the parks and recreation programs.
• Refrain from micro-managing any administrative functions.
• Communicate openly and with integrity with the Executive Director and to evaluate
based on the performance and function of the department.
• Annually to evaluate the Executive Director's performance.
• Annually to evaluate the department and the achievement of goals.
• Annually evaluate the philosophical direction of the board.
• To provide stewardship for the United City of Yorkville City Council and residents in
approving the bills of the recreation department.
• To represent the United City of Yorkville Mayor and City Council members in all
functions dealing with the Park and Recreation Department.
• To actively participate in schedule meetings on a.regular basis.
13
History of the Park and Recreation Department
In 1977 the Park Commission and the Human Resources Commission formed a Community
Center Committee as an advisory commission to the City Council. The committee's purpose
was to research and make recommendations of the different areas of the community center
project.
The Beecher Community Building was built in 1979 on the land deeded to the city by the Illinois
Department of Conservation on the former game farm and former fair grounds. The Center was
built using funds left to the city in the will of former City Clerk Clarence Beecher.
The Recreation Board was created by an ordinance established by the City council in 1988 to
oversee the development of the park and recreation facilities and services, and managing and
overseeing the formation of park and recreation policies. This ordinance was revised in 2001 to
include the establishment of a full time Director of Park and Recreation position. In 2003 this
ordinance was updated to expand the Park Board members from 5 members to 7 members.
The development of the community parks and the park department was managed through the
Public Works Department through a cross department support system.
The Recreation Department operated with one-person and/or part time staff coordinating limited
recreation opportunities and overseeing the management of the Beecher Community Center.
Until, the Recreation Board and City Council approved the hiring of a full time recreation director
in 1996. The Director was hired to provide recreation programs to the residents of Yorkville.
In 2002 the recreation staff was expanded and realigned to include full time staff in the positions
of Superintendent of Recreation, Administrative Assistant, Parks Foreman, Parks Operator,
Parks Maintenance Worker, and newly created positions for Recreation Supervisor and
Executive Director of Park and Recreation. The establishment of the Executive Director
Position combined the focus for park and recreation into one department.
In addition in 2003 the Parks department was expanded to include an athletic field and turf
specialist for maintaining the City's ballfields and athletic fields.
14
Park and Recreation Board
Chris Rollins
Dave Cathey
Van Truman
Heather Fiala
Ken Koch
Bob Pilmer
Richard Korinek
Park and Recreation Staff
Laura J. Brown, Executive Director
Sue Swithin, Superintendent of Recreation
Scott Sleezer, Park Foreman
Dan Hebreard, Program Supervisor
Barb Reisinger, Administrative Assistant
Brett Behrens, Park Operator
Tony Houle, Park Maintenance II
Robert Forss, Athletic field Specialist
Steve Baker, Beecher Building Maintenance
1
Mayor of the United City of Yorkville
Art Prochaska, Jr.
United City of Yorkville Council Members
Richard Sticka
Joe Besco
Valerie Burd
Marty Munns
Rose Spears
Paul James
Wanda O'Hare
Larry Kot
Bill Powell, Treasurer
City Administrative Staff
Anton Graff, Administrator
Traci Pleckham, Finance Director
Eric Dhuse, Director of Public Works
Joe Wywrot, Engineer
Harold Martin Ill, Chief of Police
15
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16
YORK VILLE
PARKS&RECREATION Yorkville Parks&Recreation Department
908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep(a aol.com
Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347
Memo
To: Tony Graff, City Administrator
Art Prochaska, Mayor
Paul James, Alderman
From: Laura J. Brown, Executive Director
Date: June 2, 2003
Re: Attachments
Attached is your copies of the Parks Master Plan and the 2002-2003 Service Report. These
will discussed at Park Board on Monday, June 9th.
Following the Park Board's acceptance I will bring both documents to City Council—
Committee of the Whole on June 17th and City Council on June 24th for approval. During the
Committee of the Whole Meeting, I will ask Mike Schoppe to present the Parks Master Plan
to City Council.
V _
FYI Liz D'Anna, Deputy Clerk
1
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UNITED CITY OF YORKVILLE
PARK AND RECREATION DEPARTMENT
PARK DEVELOPMENT STANDARDS
June 1, 2003
TABLE OF CONTENTS
1. DEFINITIONS 4
2. OPEN SPACE SYSTEM AND GUIDELINES 5
2.1. CATEGORIES OF OPEN SPACE 5
2.2. LAND/CASH DEDICATION ORDINANCES 7
2.2.1. Areas of NO Credit 7
2.2.2. Full or Partial Credit 8
2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES 8
3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS 9
3.1. Park Design—Neighborhood park 9
3.2. Timing of Dedication and Acceptance 9
3.3. Utilities 10
3.4. Topsoil 10
3.4.1. General 10
3.4.2. Stockpiling 10
3.5. Grading/Filling 10
3.5.1. Slopes 10
3.5.2. Filling/Borrow 10
3.5.3. Environmental Precautions/Assessment 11
3.6. Detention/ Retention Basins -Stormwater Management 11
3.6.1. General 11
3.6.2. Retention Basins (Wet Ponds) 11
3.6.3. Detention Basins (Dry Ponds) 12
3.6.4. Inlet and grate design 15
3.7. Greenways/Wetlands/Floodplain areas 15
3.8. Conservation and Protected Areas 15
3.9. Turf Grass 15
3.9.1. Mulching 15
3.10. Existing Vegetation, new plantings, and landscaping 16
3.10.1. Existing Vegetation 16
3.10.2. New Landscape Material- Planting Standards 16
3.11. Pathways and Trails on Public Property 20
3.12. Playgrounds/Park Improvements 22
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.2
3.13. Maintenance Standards (By Developer) 23
3.13.1. Escrows(Under Legal Consideration) 23
3.13.2. General 23
3.13.3. Turf 23
3.13.4. Plantings 24
3.13.5. Mesic and Wet mesic areas 24
3.13.6. Playground and Site Improvements 26
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.-3
•
1. DEFINITIONS
1. Standard Specifications: (SSRBC)Whenever reference is made to the"Standard
Specifications"it shall be understood to mean the latest issue of the"Standard Specifications
for Road and Bridge Construction"and subsequent revisions of the"Supplemental
Specifications and Recurring Special Provisions"of the Illinois Department of Transportation.
2. Developer: Refers to and means the individual, corporation, co-partnership or other person or
organization who or which has desires to bring a new subdivision or planned unit development
within the corporate limits of the United City of Yorkville.
3. Americans with Disabilities Act: Refers to the federally mandated Act passed in 1990, and/or
State Accessibility guidelines(Section 504), whichever may be more stringent.
4. Buffers: Areas designed to reduce the sound or visual impact on the neighboring community
or houses. Buffers can be made by planting of bushes or a mixture of vegetation.
5. Conservation Natural area identified as having rare plant or animal species, or areas
identified within the Parks Open Space Master Plan. This area may include or be identified as
a fen, watershed or have historic value needing preservation.
6. Detention (Dry Ponds):Areas designed to hold storm water runoff for a determinate amount
of time(typically 48 hours), then drain to a dry condition.
7. Flood Plain: That land adjacent to a body of water with ground surface elevations at or below
the base flood or the 100 year frequency flood elevation. The floodplain is also known as the
Special Flood Hazard Area (SFHA).
8. Private facilities and parks: Parks or facilities that are secluded from the general population;
or owned and controlled by a person or group rather than the public or municipality.
9. Public Open Space: Any publicly owned open area, including but not limited to the following:
parks, playgrounds, conservation, trails, greenways, etc.
10. Retention (Wet Ponds) :Areas designed to hold storm water and natural groundwater on a
permanent basis. Retention areas are designed with normal and high water levels, and an
overflow point for large storms.
11. Public Sidewalk That portion of street or crosswalk way, paved or otherwise surfaced,
intended for pedestrian use only.
12. Trail way Is a paved path or connecting paths or walkways with the intent to allow pedestrians
or bikes to traverse across the City.
13. Wetlands As defined by the Illinois Department of Natural Resources and/or US Army Corps
of Engineers.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.4
•
2. OPEN SPACE SYSTEM AND GUIDELINES
The Northeast Illinois Planning Commission states that:"Open space provides more than recreational
opportunities; it is land that society needs to conserve as natural, cultural, historic, and agricultural
resources. One of the most common misconceptions regarding open space and recreation is that the
two terms are synonymous.A strong relationship does exist between open space and outdoor
recreation but, in most cases, recreation is something separate and distinct from open space."
Therefore, a park is open space, but open space is not necessarily a park.
2.1. CATEGORIES OF OPEN SPACE
The National Park and Recreation Association (NRPA) has developed six categories of open
space that the United City of Yorkville has simplified into three recognized categories. They are:
A. ENVIRONMENTAL CAPACITY- protects natural and or cultural resources from
development.
B. SHAPING CAPACITY-provides relief from extensive urbanization and promote the
integration of neighborhoods. City, county, state, and federal planning agencies usually
define this land as"land that shapes a community and is reflected in greenbelts, county
forest preserves, state, and national parks."This category is also reflected in local
ordinances stipulating density formulas and open space requirements for subdivisions.
C. RECREATIONAL CAPACITY-provides space for single or multiple, active and passive
recreation activities
The United City of Yorkville has determined that acquisition and development of land meeting the
recreational and environmental requirements of its residents is its role in the fabric of the
community. These functions are subdivided into both local and regional classifications. The
Kendall County Forest Preserve provides these functions to the regional area. The Parks
Department's responsibilities pertain to the local classifications,which are:
A. RECREATIONAL CAPACITY-Local Classifications
1. Mini-Parks—The mini-park is used to serve isolated or limited recreational needs.
Mini-parks are often tot lots, created to serve a resident population too distant from a
community park, or in an area with high density populations. The mini-park is
approximately 1 acre in size. Development is usually limited, requiring no parking or
extensive site work. Examples of mini-parks in Yorkville are Purcell Park, and Cobb
Park.
2. Neighborhood Parks-The neighborhood park is sized between 2 to 15 acres. Is
intended as a supplement to or substitute for a play lot where population density,
geographic barriers or distance preclude easy access. Examples of such facilities
include play apparatus areas for pre-school and elementary children, hard surface
areas for hopscotch, shuffleboard, tetherball, four-square and court games for
basketball, volleyball, badminton, etc., and open play areas for softball, football,
soccer, and winter sports. The concept of development emphasizes spontaneous
rather than higher organized play. The playground should be easily accessible to
pedestrian use.
Neighborhood parks may be combined with school sites.Although any classification
of park can be combined with a school, the age of users makes it preferable that
neighborhood parks and elementary schools are the most desirable combination.
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg.5
Examples of neighborhood parks in Yorkville are Sleezer Park, Town Square and
Prairie Park.
3. Athletic Parks—These are more commonly associated with Junior High Schools,
where the advantage of multiple athletic fields for public as well as school use comes
to play. The facilities should represent the functional needs of each agency, with the
intent of satisfying one or more of the following requirements: (1)to avoid duplication
of land and facilities unless existing facilities are over utilized: (2)coordination of
services, and (3)to diminish capital expenditures and needs of each agency.
Development should be similar to the neighborhood park.
4. Community Parks-The community park is sized between 7 and 40 acres, and
development is intended for people of all ages. It is preferred; that the park be
centrally located and serve at least four neighborhoods. Amenities found in a
neighborhood park are included, supplemented by large open spaces for athletic
games and organized sports. Internal walk patterns are desirable to connect the
various functions, as well as providing pedestrian and bicycle paths. Adequate off-
street parking should be provided in accordance with functions constructed. It should
be accessible by motorized and non-motorized traffic.The classification may also
serve as a neighborhood park facility for the area in which it is located.
5. Sports Complex-The sports complex is sized between 16—75 acres. It is
developed to meet the needs of specific users groups and local athletic associations-
for practice, team, and tournament play. These sites have adequate parking and are
located on good traffic routes. They may also be located to take advantage of bicycle
and pedestrian trail systems. Fields should be as multipurpose as possible, so a wide
variety of flexibility can be maintained. Due to the ambient noise, traffic, and lights,
sports complexes are not recommended to be located in the center of residential
areas—in fact, sports complexes should be the solution to the typical problems of
using neighborhood parks for competitive athletics. It is best to allow for additional
space when acquiring sports complex space, as needs and trends are subject to
constant change. An example of a sports complex park is Beecher Park.
6. Special Use Parks-Special use parks are intended for single interest activities and
are large enough to accommodate the demand, therefore size can vary from 1 to 50
acres. They may be separate from, or a part of all park classifications; or a previous
classification type may be a part of a special use park. Examples are tennis centers,
outdoor education centers, museums, conservatories, golf course, children's farm,
sports complexes, skate parks, splash/spray parks, swimming pool/aquatic
centers,etc. Since users are going to come from a distance, the site should be near
major vehicular access routes and bike trails.
B. ENVIRONMENTAL CAPACITY- Local Classification
Natural Resource Park(Linear Greenways/Trail systems)-The Natural Resource
Park(or area) is utilized as a buffer zone, watershed, or conservation area and
affords a passive appearance with managed natural habitats and plant ecosystems.
These areas can be used to protect fragile or rare ecosystems. Sizes range most
often range between 20 to 99 acres. Smaller areas may prove useful in special
situations. Often these areas require skilled management to maintain sustainability
and preserve healthy biodiversity of plant life.
When utilized as a linear greenbelt and/or trail corridor, natural areas can serve as
environmental bridges, supporting the movement of wildlife between other larger
areas. When combined with public use areas, greenbelts are usually lined with
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.6
maintained turf areas, and development can include open play areas, pedestrian and
bicycle paths, park benches, picnic and rest areas, and water oriented facilities. It is
quite common to see detention I retention ponds included in these areas. In
instances where this classification of park is flood prone, construction of permanent
structures is discouraged. The public use infrastructure should remain supplementary
to the functional classification of lands described.
Other functions of a natural resource park may include:
1. Conservation of local resources, such as streams,wetland habitats, and forests.
2. Preservation of environmental and/or historic resources in conjunction with local
historic preservation agencies.
2.2. LAND/CASH DEDICATION ORDINANCES
The United City of Yorkville Land Dedication Ordinance requires 10 acres per 1,000 population be
donated for parks as part of the subdivision/planned unit development approval process. The
contribution of land/cash is in accordance with the City Land/Cash Ordinance. It is for these
stipulated acres that the following standards have been developed. These standards will also act
as guidelines for land donated to satisfy other functions of open space.
"The ultimate population density to be generated by a subdivision or planned unit development
shall bear directly on the amount of land required to be dedicated for park and recreation sites.
The acreage of land dedication requirement shall be determined by obtaining the total population
of the development times 10 acres per 1,000 population. Total population is determined by
applying the estimated ultimate population per dwelling unit table to the number of respective units
in the development. Each single family home will be calculated to have four bedrooms; Duplex
unit will be calculated as 50%two bedroom units and 50%three bedroom units; Town home and
apartments will be calculated with two bedrooms".
When available land is inappropriate for park, or recreational use, the City shall require a cash
contribution in lieu of the land dedication. This is based on the land cash calculation and the value
per acre of the land based on the"Fair market value".
In cases approved by the Park and Recreation Board, the contribution of Land Cash can be a
mixture of 50% land 50% cash, or other agreed upon contribution mixes.
A developer may donate the land and cash for park development upfront to have the construction
of the park expedited. Otherwise, a 50% build-out standard for the subdivision may be set in
place for park development.
2.2.1. Areas of NO Credit
1. No credit for exclusively private facilities& parks.
2. No credit for retention or detention areas, measured at the top of the bank.
3. No credit for lands located within the 100 year floodplain.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.7
2.2.2. Full or Partial Credit
Credit may be received for active wet areas(lakes, rivers, creeks) historical areas, conservation
area or other areas, that are identified to have recreational or conservation value. This will be
considered on a case-by-case basis. Studies may be required to verify historical and/or
conservation areas.
Credit will be given for trail ways that are identified as infrastructure or connecting trails to a
regional trailway system. Partial credit may be given for undeveloped trailways.
Full credit may be given to land donations that are usable and or classified as developable for use
for the general public.
2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES
The Park and Recreation Board and staff will plan the development of the park and/open land site
with the following guidelines whenever possible.
1. the don
Based t e established land cash ordinance a developer will make a donation of park land
to the United City of Yorkville Park and Recreation Department for future use and
development.
2. The Park and Recreation Board and staff will project park utilization and design in conjunction
with the Parks Open Space Master plans established needs and determine priority and fiscal
needs.
3. Annually the staff will recommend budget projections for park development based on
available fiscal resources
4. A concept plan will be developed by the park planner or United City of Yorkville Staff
indicating park design and preliminary cost projections.
5. Whenever possible, a public meeting inviting residents for the surrounding subdivision and
area to the location site for input.
6. A finalize concept plan and cost projections will be developed and submitted to the Park
Board for approval and recommendations to the City Council for development.
7. Timeline is established for project management.
8. Project/Park plan completed.
*There may be occasions when a developer provides development support in advance to a
subdivision being built which may require these procedures to be adjusted or altered.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 8
3. NEIGHBORHOOD PARK
IMPROVEMENT STANDARDS
3.1. Park Design—Neighborhood park
The following criteria are considered desirable traits for a park to be acceptable to the United City
of Yorkville:
1. Size: Park sizes shall range between 2 to 15 acres; meet the requirements of the Park Master
Plan, and the approval of the Park Board.
2. Location: Located close to the geographic center of the population served, or as approved by
the Park Board.
3. Combined with an elementary school when possible.
4. Service Area: Approximately within %2 mile of pedestrian barrier-free walking distance to the
site from the residential area it serves. A pedestrian barrier is defined as:
• Any street presently classified or planned by the United City of Yorkville, Kendall
County,or State of Illinois a major arterial street or highway;
• Any street with speed limits over 30 miles per hour;
• Collector streets with an average daily traffic count exceeding 3500 cars, and stop
signs or stop lights further apart than 1/2 mile;
• Railroad tracks;
• Natural barriers;
• Land use barriers
5. Dimensions: Parks shall have a minimum dimension of 450 feet on all sides.
6. Street Frontage: Street frontage shall be the full length of the park on two of its sides. Said
streets shall be local or collector streets within the neighborhood. Additional access ways
provided shall be a minimum of forty feet in width. Where a school site is adjacent to a park
site the school site can be considered as one of the two required street frontages.
Reasons for street frontage include:
• Enhanced security and visibility
• On-street parking availability
• Encourages users to access the park through trail or sidewalk connections
• Encourages neighborhood to take ownership and responsibility for their park.
7. Adjoining Developments: Whenever possible, the dedicated parcel shall be combined with
dedications from adjoining developments.
3.2. Timing of Dedication and Acceptance
1. The Parks Department encourages, whenever possible, that at the time rough grading
and placement of topsoil is completed on the first residential structure of a particular unit
development, the park site(s) shall also be completed, ready for grading and/or sodding.
All requirements stated herein for acceptance of the site shall be completed to the
satisfaction of the Parks Department. In cases of more than one park site, or linear
parkways, the developer shall determine a schedule of completion with the approval of
the City. The Parks Department will verify that all requirements have been met and the
site is ready for turf. Final acceptance of the site is determinate on the condition of the turf
as stated herein these requirements Section 3.9.
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg.9
2. Boundaries: The developer shall be required to install permanent metal boundary markers
at each corner of the park site. Markers shall be of typical federal style aluminum marker
4" in diameter that can be placed on top of a re-bar.
3. The Parks Department has the option to require conveyance of areas designated to be
maintained in a natural state prior to commencement of any site work. A separate site-
specific plat of conveyance shall be prepared and submitted prior to issuance of any
permits. The developer is responsible for securing all areas to be conveyed in a natural
state with temporary fencing from the time the areas are platted to conveyance of the
remainder of the site.
4. Environmental Assessment: For all lands to be dedicated to the City, the developer shall
provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized
consultant. This assessment shall check for hidden, or unknown environmental factors
including, but not limited to, buried or contaminated soils and aquifers, underground
storage tanks, and dump sites.
3.3. Utilities
Unless otherwise authorized by the Parks Department, each park site shall be fully improved with
water, sanitary sewer, storm sewer, and electric service. At the time of installation of public
improvements in the subdivision or planned unit development,the developer shall install the
above-mentioned utilities for the park site in accordance with the city approved engineering plans.
If the park site also functions as a storm water control facility, then the drainage structures and
erosion protection shall be installed during rough grading.
The site shall be free of all private gardens, woodpiles, swing sets, sump pump discharge pipes,
and other items that give the impression that a portion of the site is part of the adjacent property.
No sump pumps shall discharge directly onto the site. They may be connected to a catch basin on
the site if approved by local authorities and the United City of Yorkville.
3.4. Topsoil
3.4.1. General
Topsoil shall be spread in all lawn areas to a minimum compacted depth of six(6") inches.
Topsoil shall be friable, loamy mixture surface soil. It shall not be extremely acid or alkaline nor
contain toxic substances harmful to plant growth. It shall be of uniform color and texture. Topsoil
shall be free from large roots, sticks, weeds, brush, subsoil, clay lumps, stones larger than one
(1") inch in diameter, and other litter and extraneous matter undesirable to plant growth.
3.4.2. Stockpiling
Contractor shall not stockpile any topsoil or other soil materials on the park site without written
authorization from the Parks Department.
3.5. Grading/Filling
3.5.1. Slopes
All lawn areas shall maintain a minimum slope of 2.0%, or 2 feet in 100 feet, and a maximum
slope of 4%, or 4 feet in 100 feet. The developer shall submit grading plans to the Parks
Department for approval prior to beginning construction.
3.5.2. Filling/Borrow
There shall be absolutely no burying permitted of site debris, construction debris or rubbish, or any
other extraneous matter on the park site(s).Areas to receive approved fill shall receive clean fill,
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 10
free of large boulders, concrete, or other debris. The park site may not be used as a borrow
pit.
3.5.3. Environmental Precautions i Assessment
For all lands to be dedicated to the City, the Developer shall provide a minimum of a Phase 1
Environmental Assessment, produced by a recognized consultant. This assessment shall check
for hidden, or unknown environmental factors including, but not limited to, buried or contaminated
soils and aquifers, underground storage tanks, and dump sites.
At all times during construction, the Developer shall take appropriate precautions and prevent the
discharge and/or dumping of hazardous wastes, liquid or solid,from his or other's operations on
any sites within the development, including those to be dedicated to the City. Police and local Fire
Departments shall be notified of any temporary storage of hazardous materials during
construction.
3.6. Detention/Retention Basins-Stormwater Management
3.6.1. General:
1. It is not the practice or desire of the Parks Department to accept retention/detention
facilities as part of a neighborhood park. Special consideration may be given for
acceptance of detention/retention ponds if they are adjacent to other park areas and
meet usability criteria at the discretion of the Board. This may include, but not be limited
to, safe access, fishing, incorporated trail systems, overlooks, or natural habitats. At no
time shall the Parks Department accept said basins alone or for stormwater management
purposes alone.
2. Should detention or retention ponds be part of the local donation, they shall meet the
following requirements.
a. Construction shall be in accordance with engineering drawings approved by the
City and shall meet all applicable Parks Department standards.
b. Changes to the plans including, but not limited to, percent of slope, grading, depth
of top soil, location of structures or any other improvements shall not be
implemented unless first approved in writing by the Parks Department.
c. Comply with state statute regarding distance from ROW's.
3.6.2. Retention Basins (Wet Ponds)
1. Design Standard—Retention ponds shall be designed to facilitate a low degree of
maintenance and reduce potential hazards for users and maintenance staff.
2. Shape—Pond configuration shall be natural in appearance featuring varying slopes running
down to the shoreline. Shoreline shall undulate at varying degrees around the pond
perimeter. Provisions in the plans for configuration of a pond shall allow for access for
dredging, grate maintenance, and accommodation of maintenance considerations. The
Parks Department and developer shall jointly determine final shoreline configuration.
3. Size—the ponds shall be no smaller than two (2) acres.
4. Depth—These areas are designed to a minimum depth below normal water levels of 6 feet.
If fish are to be maintained, 25% of the pond shall be a minimum depth of 12 feet. These
areas must have a safety shelf 5' - 10'feet in width at a depth of 2 feet below the normal
water elevation. The slope to the bottom of the pond beyond the safety shelf shall be 2:1
and the slope up from the safety shelf to the normal water level shall be a maximum of 3:1.
(Subdivision control ordinance 2000-2, dated 3-9-00)
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 11
5. Bank Stabilization—Protection against erosion and water level fluctuations is required.
Stabilization shall be provided through one of the following means:
a) Complete establishment of perennial ground cover,water tolerant grasses, or natural
vegetation to the approval of the City;
b) Construction of retaining walls; or
c) Use of rip-rap underlain by gravel and filter fabric.
The use of rip-rap and retaining walls as a sole means of shoreline protection will not be
permitted.
6. Sedimentation— . All storm water inlet points must have calculated desilting basins below
the required 6 feet depth. Desilting basin volume shall be 500 ft3/acre of tributary
impervious area. Developer shall provide engineering plans, estimating probable quantities
of sediment from the watershed at five-year intervals for a 25 year period. The Developer
shall construct sediment basins to handle the aforementioned sediment. A
cleaning/dredging plan shall also be included. The City shall approve all engineering and
installation. Existing Public Ordinances and annexation agreements shall regulate all
additional storm water design considerations and management.
7. Aquatic Plantings—Shoreline areas selected for the planting of aquatic and emerging
aquatic vegetation, slope requirements shall be appropriate to ensure healthy growth and
development of the specified vegetation type.
8. Shoreline Slopes (Above Water)—An area six feet wide and around the perimeter of the
pond shall slope towards the pond at the rate of 2 to 5%. No slope beyond the six-foot strip
shall exceed a 5:1 slope (20%).
9. Buffers—In areas where a pedestrian/bicycle trail occurs between the property line and a
pond, there shall be a minimum 50'wide buffer between the property line and the high-water
level line. The 50'wide buffer will be broken down into a minimum 20'wide area between
property line and outside edge of the path, and a minimum 12' wide area between the inside
edge of path and the high-water level line.
In areas where there are no paths between the property line and a pond, there shall be a
minimum 30'wide buffer between the property line and the high-water level line.
10. Aeration—Developers shall incorporate aeration systems into all retention basins that do
not incorporate a constant flow of water. The City shall approve all engineering and
installation.
Developers are encouraged to incorporate aeration in all other retention basins to improve
water quality and provide desirable aesthetics.
3.6.3. Detention Basins (Dry Ponds)
1. Requirements for detention basins shall satisfy design criteria as set forth in the Grading
Section of these Standards. The major consideration is the dual use of detention and
recreation. In order to facilitate review of park areas, the proposed outline of the detention
at the one-year, 10-year, and 100-year high water line shall be illustrated on the preliminary
plan or the P.U.D. plat.
2. Buffers—The buffers shall be the same as those mentioned under Retention Basins
(Ponds)above.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 12
3. Design-These areas are designed with a 2 year low flow underdrain system so that
ponding beyond the storage does not occur and that a good stand of grass can be
maintained. The pond bottom slope shall be a minimum of 2%except that a 0% slope will
be allowed directly over the underdrain pipes. All incoming and outgoing conduits shall have
concrete flared end section or poured in place headwall with grates. 2 foot inlets can be
placed over the low flow pipe. The maximum water depth below the HWL shall be 4 feet. .
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 13
tirF�
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x7. 30'BUFFER(NO PATH‘) \ z
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THE BOTTOM OF THE DETENTION
AREAS MAINTAINING A POSITIVE
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_c) RETENTION/DETENTION PONDS
N.T.S.
June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg. 14
3.6.4. Inlet and grate design
1. All grates for drainage inlets shall be bicycle safe and accessible per the ADA when
placed in walkways or drives.
2. All trash covers for storm inlets shall have a maximum opening of 3.5" square to prevent
head entrapment.All grates on drain culverts and pipe inlets and outlets shall be bolted in
place.
3.7. Greenways/Wetlands/Floodplain areas
For areas of natural habitat re-establishment or enhancement, the Developer shall submit
complete installation and maintenance plans to the City prior to acceptance of the development
plat.
3.8. Conservation and Protected Areas
For areas to be dedicated, an environmental study including a topographic map shall be
completed by the developer identifying the endangered and protected areas, summary of floristic
quality, wetland, and floodplain maps and inventory of wildlife, vegetation, and habitats.
Watershed areas shall be identified with recommendations for management. All studies shall be
completed prior to the land dedication. Developer shall comply with Wetland Ordinance.
3.9. Turf Grass
Developers shall install turf grass in agreement with the Parks Department. This work shall
occur after the placement of all topsoil, fine grading, and installation of sidewalks, pathways, and
plant material.
All park access points of 100 ft. width or less shall be sodded. Sodding procedures shall be in
compliance with all Parks Department regulations regarding sodding and watering practices.
The seed shall be a premixed Bluegrass/Ryegrass mixture approved by the Parks Department.
The mixture shall be by weight a 70% mixture of 3 Kentucky Bluegrasses (equal percentages)
and a 30% mixture of 3 perennial Ryegrasses(equal percentages). The mixture shall be sown
at the rate of 220 lbs. per acre. All seed shall be certified 98% purity and 80%germination.
Prior to seeding, all lawn areas shall be fertilized with an approved starter fertilizer at an
approved rate. The fertilizer shall be cultivated into the top three inches of the topsoil.
The seeding season in the spring shall be April 1 to May 15. The fall season shall be August 15
—October 1.
The developer shall reseed all areas that do not germinate and repair all eroded areas and
reseed them until 90%germination has taken place. All other aspects of maintenance will be
done by the Parks Department.
3.9.1. Mulching
The seeded areas shall be mulched as follows:
1. Seeding areas designated to receive erosion control blanket shall be covered with
biodegradable seed blanket as specified. All seeded areas of slopes steeper than 4:1,
the bottom of swales and around drainage structures, should be mulched with erosion
control blanket the same day as seeded.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 15
a. The blanket shall be laid out flat, evenly and smoothly,without stretching the material.
The blankets shall be placed to that the netting is on the top and the fibers are in
contact with the soil.
b. For placement in ditches, the blankets shall be applied in the direction of the flow of
the water and butted snugly against each other. The blankets shall be stapled in
place, using 4 staples across the upstream end at the start of each roll and placing
staples on 4 foot centers along each side. A common row of staples shall be used
along seams of adjoining blankets. All seams shall overlay at least 2 inches.
c. On slopes, the blankets shall be applied either horizontally or vertically to the contour
and stapled in place similar to ditch applications except that the staple space interval
shall be 6 feet.
2. Seeding areas incorporating an annual temporary mix do not require mulching.
3. Turfgrass seeding areas shall be mulched in accordance with the 'Standard
Specifications'. Contractor is responsible for obtaining all water for the work.
4. All seeded areas less than 4:1 slope should be mulched within twenty-four(24) hours of
seeding using straw with tackifier or hydraulic mulch.
Straw—Rate: 2 tons (4000 lbs.) per acre
Mulch binder for straw—40 lbs. per acre
Hydraulic mulch —2000 lbs. mulch : minimum 2000 gal. water per acre
3.10. Existing Vegetation,new plantings, and landscaping
3.10.1. Existing Vegetation
Existing vegetation including, but not limited to, trees, shrubs, grasses, and wildflowers shall be
protected during the construction process if determined by the Parks Department to be
preserved. Development plans shall include methods of protecting such vegetation during the
developer's construction process.
3.10.2. New Landscape Material -Planting Standards
3.10.2.1. Minimum Size/Quality
All landscape material shall meet the standards of the American Nurseryman's Association.
Trees planted in parks shall be a minimum size of:
SHADE 2.5 inch caliper BB
INTERMEDIATE 1.5 inch caliper BB
EVERGREEN 6 foot high BB
All landscape material shall be subject to Parks Department inspection at the source of origin.
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg. 16
3.10.2.2. Planting Season
Regardless of calendar date, trees must be dormant at the time they arrive at the site of.the
work or storage site. If trees are dug in-season, they must be properly watered and sheltered
until the time of planting.
Spring Planting: This work shall be performed from the time the soil can be worked until the
plan, under field conditions, is not dormant except that Evergreen planting shall terminate on
June 1.
Fall Planting: This work shall be performed from the time the plant becomes dormant until the
ground cannot be satisfactorily worked except that evergreen planting shall be performed
between September 1 and November 1.
3.10.2.3. Excavation of Plant Holes
The sides of all plant holes shall be angled at approximately 45 degrees. All plant holes shall be
dug in such a manner that the inside surfaces of the hole shall be in a loose friable condition
prior to planting. Glazed or compacted sides will not be permitted. The equipment used to dig
the plant holes must be approved by the Parks Department.
Plant holes shall be twice the diameter of the root ball. The root ball shall set on compacted,
undisturbed earth.
On slopes, the depth of excavation will be measured at the center of the hole.
3.10.2.4. Planting Procedures
Backfill may be excavated topsoil. The backfill shall, at the time of planting, be in a loose, friable
condition.
All plants shall be placed in a plumb position and set at the same depth as they grew in the
nursery field. Backfill shall be placed around the root system. Tamping or watering shall
accompany the backfilling operation to eliminate air pockets. Set the base of the tree trunk two
inches above the surrounding soil.
A thorough watering of trees, with a method approved by the Parks Department shall follow the
backfilling operation. This watering shall completely saturate the backfill and be performed
during the same day of planting. After the ground settles, as a result of the watering, additional
backfill shall be placed to match the level of the finished grade. Approved watering equipment
shall be at the site of the work and in operational condition prior to starting the planting
operation.
Balled and Burlapped/ Basketed Plants: After the plant is placed in the hole, all cords and
burlap, or the complete basket, shall be cut away from the top one half of the balls.
A circular water saucer shall be constructed around each individual plant to the satisfaction of
the Parks Department.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 17
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.18
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg. 19
3.10.2.5. Mulching/Wrapping
Immediately after watering, plants shall be mulched. A layer of wood chips shall be used to
cover the circular water saucer to a depth of four(4) inches when settled.
All mulching shall be kept in a minimum of 6"from the trunk of all trees and shrubs.
Immediately after planting, trunks of all deciduous trees shall be wrapped spirally from the
ground to the lowest major branch (after pruning)overlapping the wrap at least one third (1/3) of
its width. Trees shall not remain wrapped during the summer months.
3.10.2.6. Pruning Procedures
Qualified personnel, experienced in horticultural practices and operations, shall perform all
pruning. The method and location of pruning and the percentage of growth to be removed shall
meet the approval of the Parks Department. All pruning shall be done with sharp tools in
accordance with the best horticultural practices.
The ends of all broken and damaged roots of 1/4 inch or larger shall be pruned with a clean cut,
removing only the injured portion. All broken branches, stubs, and improper cuts of former
pruning shall be removed.
Pruning shall consist of thinning the twigs or branches as dictated by the habit of growth and the
various types of the trees to be pruned, and as directed by the Parks Department. The leader
and terminal buds shall not be cut unless directed by the owner.
Evergreens: Evergreens shall not be pruned except to remove broken branches.
3.11. Pathways and Trails on Public Property
Where pathways are required, they shall be constructed of concrete, bituminous asphalt, or
limestone screenings to the satisfaction of the Parks Department. The concrete pathways shall
consist of a 5"thick layer of concrete resting upon a 2"thick(min.)aggregate base course. The
bituminous asphalt pathways shall consist of a minimum 8" thick aggregate base course, and 2"
thick bituminous surface course. The limestone screenings pathways shall consist of a
minimum 6"thick aggregate base course and a 2"thick limestone screenings surface course.
Other requirements and improvements may be required based on the location and needs of the
site.
The minimum widths of pathways shall be as follows:
o Pedestrian 5' (concrete)
6' (bituminous asphalt or limestone screenings)
o Normal Traffic Pedestrian and Bicycle 8' (bituminous asphalt or limestone screenings)
o High Traffic Pedestrian and Bicycle 10' (bituminous asphalt)
The 8'and 10' pathways shall have minimum radii on turns and curves that will support a pickup
truck without leaving the pavement. All trails expected to receive federal funding must be
designed to AASHTO standards. The 8'wide and 10'wide paved pathways shall have 12"wide
aggregate shoulders.A minimum of 2 feet wide level graded shoulder with grass is required on
each side for clearance.
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg.20
To meet accessibility standards, pathways may not have longitudinal slopes greater than 5%or
cross slopes greater than 2% unless there is a secondary access route that provides access to
the area or facility.A grade of 5%should not be longer than 800 feet.
5"CONCRETE PAVING
2"AGGREGATE BASE COURSE(MIN.)
WELL COMPACTED SUBSOIL FREE OF TOPSOIL
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June 1,2003 PARK DEVELOPMENT STANDARDS -Pg.21
3.12. Playgrounds/Park Improvements
1. Should the Developer desire to install a playground or other park improvements on behalf of
the City with the City's approval, the City shall approve all plans and construction methods to
be used, including, but not limited to, equipment, materials, grading, and drainage.
2. Playgrounds shall be designed with accessible curbing, concrete retaining curb, and surfacing
as shown on the following detail.
#4 REINF.BARS W/SLIP DOWELS AT EXPAN.JT.
5"THICK CONCRETE
2"THICK COMPACTED GRANULAR BASE(MIN.) 12"LAYER OF ENGINEERED WOOD FIBERS
WELL COMPACTED SUBSOIL FREE OF TOPSOIL 4"LAYER OF ROUNDED WASHED GRAVEL
CONTROL JOINT FILTER FABRIC
18" y 2"R
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TRANSITION EDGE RETAINING CURB
—0 PLAYGROUND DETAILS
N.T.S.
June 1, 2003 PARK DEVELOPMENT STANDARDS -Pg. 22
3.13. Maintenance Standards(By Developer)
The developer shall maintain the park site until all improvements and requirements specified in this
document are completed, turf is fully established, and the United City of Yorkville formally accepts the site.
Maintenance of the park site shall include the following until the conveyance process is fully complete.
3.13.1. Escrows(Under Legal Consideration)
The Parks Department, in no circumstance, shall be responsible for the maintenance and repair of
storm drainage structures, pipe, other appurtenances, or shoreline degradation. These
responsibilities shall be left to the developer, or homeowners association. See the following
suggested language:
1. In order to assist the future Homeowner's Association with maintaining the on-stream storm
water detention system, the Developer shall establish and fund a cash reserve for said work
in the amount of$ prior to conveying said system to the Association and/or
Parks Department.
2. Owners and Developers agree to the Municipality enacting a dormant Special Service Area
(SSA) to act as a back up in the event that the Homeowner's Association fails to maintain the
private common areas, private detention ponds, perimeter landscaping features, and entrance
signage within the Subject Property.
3. In other cases, the Developer shall escrow an amount equal to one year of projected
maintenance costs. This amount shall be agreed upon by the City. Escrows shall
automatically renew each year until the park site(s)are accepted by the City.
3.13.2. General
1. All rubbish and debris including, but not limited to, old tires, construction material, fencing,
tree houses, trash, and other material not desired by the Parks Department, shall be removed
from the site prior to conveyance.
2. Until such time as the United City of Yorkville has accepted the park site, the City shall not be
held liable for any damages that may occur on such a park site, and shall be held free and
harmless from any and all claims that may be submitted. Upon formal acceptance of the park
site improvements by the Parks Department, the Parks Department will assume maintenance
of the park site.
3. All storm water structures shall include proper grates and covers to protect the public and
shall be maintained free of debris to ensure unrestricted flow of storm water runoff.
3.13.3. Turf
1. Turf shall be mowed at regular intervals and shall not exceed 4.5 inches in height.
2. Areas of erosion, including but not limited to swales, slopes and around storm structures shall
be repaired/restored in accordance with grading and seeding requirements. All areas within
10 feet of on-site structures shall be sodded rather than seeded for erosion control purposes.
Full establishment of turf is required before acceptance.
3. In cases where existing trees and shrubbery are present on the site, deadwood and
undesirable trees or thinning of dense growth shall be removed prior to conveyance. This may
include branches or entire trees and shrubs. All stumps shall be ground to 12 inches below
grade, backfilled and restored in accordance with grading and seeding requirements.
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg.23
4. Fully established turf is defined as ninety percent(90%)free of weeds and bare spots,
vigorously growing, and containing a well established root system with multiple blades per
plant.
3.13.4. Plantings
1. Maintenance shall begin immediately after the planting is completed and shall continue until
final inspection and acceptance. Maintenance of new plantings shall consist of weeding,
watering, mulching, spraying, resetting plants to proper grades or upright position, repair of
water saucers or other work that is necessary to maintain the health and satisfactory
appearance of the plantings.
2. Watering: Additional watering, up to 50 gallons per tree, shall be performed at least once
within every thirty(30)days during the months of May through October. The schedule for
watering within the thirty(30) day increment will be determined by the Parks Department.
Should excessive moisture conditions prevail, the owner may delete any or all of the additional
watering cycles or any part of said cycles. The contractor shall not be relieved in any way
from the responsibility for unsatisfactory plants due to the amount of supplemental watering.
3. Weeding: Weeds and grass growth shall be removed from within the earthen saucer of
individual trees and from the area within the periphery of the mulched plant beds. This
weeding shall be performed at least once during the months of May through October. The
Parks Department will determine the weeding schedule. The contractor shall not be relieved
in any way from the responsibility for unsatisfactory plants due to the extent of weeding.
4. The contractor shall guarantee all plant material for a period of one(1) year from the date the
plants are accepted by the Park Board.
5. All plant material,which dies within thirty(30)days after being planted, shall be replaced
immediately and be considered as part of the original planting and subject to the guarantee
period of one (1)year. Should the plant not be installed until a later date, the guarantee
period shall take effect from the date of planting.
3.13.5. Mesic and Wet mesic areas
After the initial mesic/wet-mesic seeding work is completed and all initial work has been
completed satisfactorily according to the specifications, the following establishment and
maintenance work shall be performed by the Contractor for a period of(3)years as outlined
below:
Maintenance, including watering, mowing, herbicide application and burning will be required to
assist the mesic/wet-mesic vegetation in growth and reduce the competition of weeds until all
mesic/wet-mesic seeding has established and matured and been accepted by the owner.
a. First Year
1. Weed Control
a. Review the site and treat all noxious weeds with a herbicide by a"wicking
application" and hand weeding as appropriate once per month from May
through September. (Herbicide by spray application will not be allowed
because of overspray and the drifting down of herbicide killing the mesic/wet-
mesic species below the weeds.)
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.24
b. When the mesic/wet-mesic vegetation reaches the height of twelve(12")
inches, the Contractor shall mow it to a height of six(6") inches. No more
than two mowings per season is necessary. (Mowing the site helps to control
weeds and allows mesic/wet-mesic plants to compete.
2. Species Enrichment
a. Overseed thin, bare, or weedy areas with the appropriate seed mix per
seeding dates as specified.
b. Plant herbaceous plugs for greater impact(optional).
b. Second Year
1. Controlled Burn
a. Prepare and obtain a controlled burn permit from the IEPA in January.
b. Conduct controlled burn in early spring. (Burning is necessary to reduce the
non-native weeds while promoting the desired mesic/wet-mesic species.)
Weather conditions may necessitate schedule changes. Such changes shall
require owner approval.
c. Review site and mow areas that did not burn.
2. Species Enrichment
a. Overseed thin, bare, or weedy areas per seeding dates as specified.
b. Plant herbaceous plugs for greater impact(optional).
3. Weed Control
Review the site and treat all noxious weeds with a herbicide by a"wicking
application"and hand weeding as appropriate once per month from May through
September. (Herbicide by spray application will not be allowed.)
a. When the mesic/wet-mesic vegetation reaches the height of twenty-four
(24") inches, the Contractor shall mow it to a height of twelve (12") inches.
Only one mowing per year is necessary.
e. Third Year
1. Controlled Burn
a. Prepare and obtain a controlled burn permit from the IEPA in January.
b. Conduct controlled burn in early spring. Weather conditions may necessitate
schedule changes. Such changes shall require owner approval.
c. Review site and mow areas that did not burn.
2. Species Enrichment
a. Overseed thin, bare or weedy areas per seeding dates as specified.
b. Plant herbaceous plugs for greater impact(optional).
3. Weed Control
a. Review the site and treat all noxious weeds with a herbicide by a"wicking
application"and hand weeding as appropriate once per month from May
through September. (Herbicide by spray application will not be allowed.)
b. When the mesic/wet-mesic vegetation reaches the height of twenty-four
(24") inches, the Contractor shall mow it to a height of twelve (12") inches.
Only one mowing per year is necessary.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.25
STATE OF ILLINOIS/IDNR DOC-3 RESOLUTION OF AUTHORIZATION
OSLAD/LWCF PROJECT APPLICATION
1. Project Sponsor: City of Yorkville
2. Project Title: River's Edge Park Dev
The City of Yorkville hereby certifies and acknowledges that it has 100%of the funds
(local project Sponsor)
necessary (includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the timeframes
specified herein for project execution, and that failure to adhere to the specified project timeframe or failure to proceed with the
project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which
will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance
consideration in the next two(2)consecutive grant cycles following project termination.
Acquisition Projects
It is understood that the project sponsor has up to twelve (12) months following project approval to acquire the subject
property (petition to condemn must be filed for acquisitions involving eminent domain) and three(3) months following
acquisition closing to submit a final reimbursement billing request to the IDNR(excluding eminent domain cases).
Development Projects
It is understood that the local project sponsor has six (6) months following project approval to initiate project
development and a total of 24 months to complete said development with a Final Billing request submitted to IDNR
within three(3)months following completion.
The City of Yorkville further acknowledges and certifies that it will comply with all
(local project sponsor)
terms, conditions and regulations of 1) the Open Space Lands Acquisition and Development (OSLAD) program ( 17 IL Adm.
Code 3025)or federal Land&Water Conservation Fund(LWCF)program(17 IL Adm. Code 3030),as applicable, 2)the federal
Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced
Persons Relocation Act (310 ILCS 40 et.seq.), as applicable, 3) the Illinois Human Rights Act (775 ILCS 5/1-101 et. seq.), 4)
Title VI of the Civil Rights Act of 1964, (P.L. 83-352), 5)the Age Discrimination Act of 1975 (P.L. 94-135), 6)the Civil Rights
Restoration Act of 1988 (P.L. 100-259)and 7)the Americans with Disabilities Act of 1990(P.L. 101-336);and will maintain the
project area in an attractive and safe condition, keep the facilities open to the general public during reasonable hours consistent
with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor
recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLAD/LWCF
assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property
must be used, in perpetuity,for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot
be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR.
BE IT FURTHER PROVIDED that the City of Yorkville certifies to the best of its
(local project sponsor)
knowledge that the information provided within the attached application is true and correct.
This Resolution of Authorization has been duly discussed and adopted by the City of Yorkville
(local project sponsor)
at a legal meeting held on the day of , 2003 .
(Authorized Signature)
(Title)
A1-1'ESTED BY:
(Title) Rev. 1/01
STATE OF ILLINOIS I DEPT.OF NATURAL RESOURCES DOC.1/GENERAL PROJECT DATA
osLAcvLwcr PROJECT APPLICATION rOfM (Pia 1 d 21
` 1. PROJECTSPONSOR: Yorkville, City of 5. FEDERAL EMPLOYER ID NUh1sER IFEINI
Rivers Park Development 36-6006160
2. PROJECTlI7LE: Edge
J. INDIGAIE TYPE OF PROJEC1! I )MQulaltian (JI Dere opmeml
8. POPUlA110N IN APPLICANTS
( 1 Combination (development project inwlving a land donation 7 500
JURISDIC11oe:
couN IT Lut.:A 'i: Yorkville (Kendall County)
TOWNSIBP LACA1ION:
Bristol 7. Fid CONGRESSIONAL DISTI: 14
CENSUS TRAt;TLOCATION: 8906IL SENATE 01670: 25
•
IL NOUSE DIST#: 50
5.PROJECTSPCNSOR'S NAME,ADDRESS&'TELE/FAX NU118ER a. APPUCANT•S DESIGNATED CON771CTPERSON FOR PROJECT
Yorkville, City di nam.tee.address&telethons NI FAX 6
(must be available Sem•5pm,Monday through Fddav)
800 Game Farm Road •
Mark Yergler,Grant Consultant
City of Yorkville,800 Game Farm Rd IL 60500 3160 Beaver Creek Lane
(630)553-4341 (630)5534347 Springfield 62707 IL 62707
(217) 585-8271 (217)529-8666
Chief Administrator/ORictel: Art Prochaska,Mayor to mall edoreae:
rim.
10. BRIEF AND CONCISE DESCRIPTION OF PROPOSED PROJECT (6e sure to Indicate etze/acreage of prof Oct alta)
The City of Yorkville is proposing initial development of a 1.05 acre neighborhood parkin a new 167 home subdivision
(River's Edge)adjacent to me Fox River west of downtown Yorkville. PIUpused park development will include
landscaping, a picnic shelter,children's playground, and a tricycle(big wheels) play course. The park has easy and
safe access from within the subdivision and will be the first and only neighborhood park serving these residents
comprised mainly of young families.
Yorkville is experiencing a major population explosion with nearly 30 new developments, proposing over 8000 new
housing'units,currently either under construction or being reviewed for plat approval. This once small town is expected
to triple in size within the next 10 years. The City is valiantly trying to keep pace with this rapid growth by developing
new parks to meet the growing demand hut local resources are limited. OSLAD grant assistance is sorely needed to
Master stretch local dollars. The project is identified as a high priority in the 2003 Park&Recreation Plan
recently adopted by the City. • (do not attach.^dlbonal sheets)
11.(ACQUISI1IONPROJECT) (estimated Goats) 12.(DEVELOP tENTPROJECT) (estimated matt)
A,.yuisltlon Coate i • 135,000.00
Constriction Costs $_
Relocation Costs
A/E 0aalgn Fees 1 10,500.00
Appraisal Coela $
Archaeological SuNeyCosta 1 1,500.00
Archaeological Survey Costo $
I:YA Kepdn Coats 3 1.000.00
TOTAL ACO.COSTS 1 0.00
TOTAL DEV.COSTS: $ 149,000.00
Grant Mit Requested L...2:°41 3
(9rou,uuu rnemmu ler
Grant Amount Requaolsd(50',9k) $ 74,000110
ism=maximum)
13. (C011BINA11011 PROJECT) Complete and add together tpeets far both 611 and 612 above
'Total Grant Amount Coquetted $
(Add Items 011&J02) l satrgttrrmuriilay"
(•)For county and municipal Judsdlctions exceeding 2.0 million residents see page Iv or pago 3 ur otILAO manuol for p,r nt I Imilc.
TO 39t7d ei319a3A ?1 l'4 99986ZSLtZ bS:St E00Z/b0/90
Project Sponsor Yorkville, City of DOG-1/GENERAL PROJECTDATA
River's Edge Park Development •
(Pogo 2 a/2)
Project Tide: p
14. SOURCE(S)of LOCAL MATCHING FUNDS:
General Funds Donations(specify)
Nan-1 afemndum Bonds Other(opacity)
Referendum Sonde(indicate status orrererendumdale)
Huai:see intormetlon an pope 5a rap.rdne IUInola Rural Bond Bonk and poealble low coot loans to help Ilnane.OM,prnpnead rra)act.
(Read Instructions on page 46 ba(ore completing)
15..ions'.PARK/OPEN SPACE ACREAGE AVAIl API F. 15b. ANCIUNTOF PARKLAND/OPEN SPACE ACREAGE
WHI1HIN APPUCANTS JIJRISDICDONAL BOUNDARIES: SHOWN P4 15e TNATIS OWNED and/or LEASED
• BY APPLICANT,
•acres
• 84.25 acme owned 0.50 ooroc loocod
•NOTE: Attach legible map showing location of ALL parkland within applicant's jurisdictional boundaries. For each pant site,Indicate name,size
cement Nom of ran.farilltlna avallabie,and whether utiilmd as"community'or neighborhood"pant.
•
10. IF APPUCABLE,INDICATE SPECIFIC GOAL or STANDARD "ADOPTED" BY APPUCANTFOR AMDUNTOF LOCAL
OPEN SPACE/PARK ACRES per 1000 POPULATION WrDfIN JURISDICTION.
acres/1000 population•
•Mrst submit pages)from local plan or ordinance to substendate the stated goal or standard.
awe
17 EXISTING SUPPLY OF PROPOSED PROJECTFACIUTIES:
For each major recreation facility planned for development IN THE PROPOSED PROJECT (s ee II sting below)show emoting supply/quantities Or sucr
facilities currently available for public use within the jurisdictional boundaries of the project Sponsor.
iSarsarnJ r puna any R r
rellnJurisdiction) w/In jurisdiction)
CAMPING&PICNIC FACILITIES TRAILS(0 of miles to nearest 1/10 ml.)
Picnic SheltersI Hiking/WalNng
Tent Camp Sites(pnmltlw Biking 0.0
Trel IedCamper Sites NaturennterpreUve
Flinnat Trail(U of stations)
WORTS FIELDS&PLAY AREAS
WATER FACILIITES
Baseball fields
Softball fields Swimming Pool
roomal Saida _ Swimming Beach ( )
Soccerfielde (U)and LF.of waterfront
Tennis Courts Public water acres mailable for
Raela,Ntil Courts .. Rnwmng/5shtng
Volleyball Courts
Running Track WINTER RECREATION FACILITIES
Plewnslnds 0 - '- -
ice Rink
manna skating rifle I court
OTHER: Sled/Toboggan Hill _
Other,
GOLF COURSES tit of halite) OTHER
INTERPRETIVE CENTERS Big Wheel/Tricycle Satiny Play Course
a
10. USTANY O11-ER STATE OR FEDERAL GRANTFUNDS INVOLVED IN TME PROPOSED PROJECT PREVIOUS OR
ANTICIPATED! (List applicable project numbers arta statue)
IF NONE,CHECK BOK(r,/)
Ir
1e. CURRENT'T:QUALZEO ASSE35CD YALUAntkt"TOTAL 117aC14UIRIER OFEXPLOPt:ES1!UU.d rte and permanent
FOR LOCAL SPONSOR JURISDICTION: part4Lne)EMPLOYED BY PRQIECTAPPUCANT
184,000,000.00 50.00 FT PPT
•
21. Applicants Anand Operatlrtg 8udgel
S 900.000.00
Z0 39dd a3-1963A Nem 99986ZSLIZ PS:ST E00Z/b0/90
IA IE t/e ILLINOIS/DEPT Of NATURAL RtScui ce DOC-41 DEVELOPMENT DATA
O6LAD I LWCP PROJECT APPLICATION
1. Pro'act Sponsor: Yorkville, City of
2 Protectlitte: River's Edge Park Development
3. Acquisition Development
NOTE: Acquisition Prot acts-complete ilmfls#4 and#6 below as they pertain to future development. Also,Indicate erniclpatesschedute
for proposed development.
a. DEVEu.n '.%rr ITFut 5. UNIT AMT. 6. ESTIMATED COSTS 7. CONSTRUCTION
MET HCO'
•
Playground Area $89,500.00
Picnic Shelter & Tables $20,000.00
Asphalt Path&Tricycle Safety.Play Course $16,300.00
r
Landscaping $R,7nn.no
Park Signs $500.00
CPA Report Costs $1.000 On
A/EDesign Fees: <15,25%ofconetcost $10500.00
(✓)Potential Archaeological Survey $1,500.00
TOTAL ESTIMATED COST. $148,000.00
(` ) C =CONTRACT F =FORCE ACCT, D =DONATED LABOR OR MATERIALS
Ram Donated labor and material are not eligible for reimbursement
(t/i Projec IS appmwd tot CLAD Iuuil ty way moving the completion of on orohaaologtoal pConnolsv*nee Survey nn tho FoniOCt alta.
Estimated cast tot such a survey may be Included In the project budget.
6. ARCHITECTURAL t ENGINEERING hlRM(neme&address);
Schoppe Design Associates
Aurora, IL
E0 39dd d31963A >121G( 99986ZSLTZ GS:ST E00Z/b2/92
m
Lo '
a
n
�" •-`�•: PARKWAY TREES
PARK BENCH ��''` PARK SIGN w!
�:.�i.- PLANTING 8E)
�,K
�Illtuulii. �-
BOULDER WALL V;4 1�-- _ FUNNEL BALL COURT
1�i •A!=� POPIJ�M1 DINE —
TRAFFIC THEMED ADDITIONS mss <.=:5 - - _ SWING EQUIPMENT
TRAFFIC SIGNS.STOP LIGHTS,GAS 4,.:\\t��JJ/'' ' .,, _ _
PUMPS,AND PARKING ME'ERS .J�_ •t, •iiiVa:,' htt1 S
ON-STREET PARKING ,, , -- `=,..,, ra�.„ vn1 16'COVERED PICNIC SHELTER
;tj , �. �Cy. • 1 B'ASPHAL-PARK TRAIL
(D '.� :ice. 4 • I PARK LANDSCAPING
W .4}J: -,,1 /,, ti /SHADE TREES,EVERGREENS.
> \ _:±tll ` ` :� ANDORNAMEVTALS
Q - 1 /
Imo-- � ��' - .:-.-:_•. \''''
. _ -%JIJ _ 3 ipt�.4... - LOT IK
V.11. 1 .1g
I t J �,�+,. • lit ; " ,`
I
lC7 1R • #1. I44111
•
:r M. allSPRING RIDERS
ill BIG WHEEL PARKING /� wTw 1 LOT,N .
°D `°"' • PLAY STRUCTURE
r' HILLOCK LANDFORM
in BOULDER FEATURE / ACSAND D ESSI LE SAND DIGGER
El 6'ASPHALT BIG WHEEL
GER
TRACK WITH STRIPING
a RUMBLE STRIPS /
in AND STOP SIGNS
In
r-1
m
CD
RIVER'S EDGE PARK 17 ` r
N "''a e 7:17% Linked` Y . SCHOPPE DESIGN`ASSOCIATES
Lm.6cgr AMAwa„m mdlsslPM,�,g
i de ty, twt..upsc a10 A:DOONNER/LJCF M.t6JWJ`D6:J)
Q *ChM4--a Oils: 0602.2003 csiu4154 .,bW2Rt,YQON.� FYl(eJGi a➢6!J?J
m s
,D
CO
STATE OF ILLINOIS/IDNR DOC-3 RESOLUTION OF AUTHORIZATION
OSLAD/LWCF PROJECT APPLICATION
1. Project Sponsor: City of Yorkville
2. Project Title: Hydraulic St. Riverfront Acq
The City of Yorkville hereby certifies and acknowledges that it has 100%of the funds
(local project Sponsor)
necessary (includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the timeframes
specified herein for project execution, and that failure to adhere to the specified project timeframe or failure to proceed with the
project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which
will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance
consideration in the next two(2)consecutive grant cycles following project termination.
Acquisition Projects
It is understood that the project sponsor has up to twelve (12) months following project approval to acquire the subject
property (petition to condemn must be filed for acquisitions involving eminent domain) and three(3) months following
acquisition closing to submit a final reimbursement billing request to the IDNR(excluding eminent domain cases).
Development Projects
It is understood that the local project sponsor has six (6) months following project approval to initiate project
development and a total of 24 months to complete said development with a Final Billing request submitted to IDNR
within three(3)months following completion.
The City of Yorkville further acknowledges and certifies that it will comply with all
(local project sponsor)
terms, conditions and regulations of 1) the Open Space Lands Acquisition and Development (OSLAD)program( 17 IL Adm.
Code 3025)or federal Land&Water Conservation Fund(LWCF)program(17 IL Adm. Code 3030),as applicable, 2)the federal
Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced
Persons Relocation Act (310 ILCS 40 et.seq.), as applicable, 3) the Illinois Human Rights Act (775 ILCS 5/1-101 et. seq.), 4)
Title VI of the Civil Rights Act of 1964, (P.L. 83-352),5)the Age Discrimination Act of 1975(P.L. 94-135), 6)the Civil Rights
Restoration Act of 1988 (P.L. 100-259)and 7)the Americans with Disabilities Act of 1990(P.L. 101-336);and will maintain the
project area in an attractive and safe condition, keep the facilities open to the general public during reasonable hours consistent
with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor
recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLAD/LWCF
assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property
must be used, in perpetuity,for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot
be sold or exchanged, in whole or part,to another party without approval from the Illinois DNF
BE IT FURTHER PROVIDED that the City of Yorkville certifies to the best of its
(local project sponsor)
knowledge that the information provided within the attached application is true and correct.
This Resolution of Authorization has been duly discussed and adopted by the City of Yorkville
(local project sponsor)
at a legal meeting held on the day of , 2003 .
(Authorized Signature)
(Title)
A FIESTED BY:
(Title) Rev. 1/01
STATE OF ILLINOIS I DEPT.OF NATURAL RESOURCES DOC-1/GENERAL PROJECTDATA
0e1.wodtWor CfOJECT APPLICATION FORM (Pope 1 42)
1. PROJECTSPON50R: Yorkville, City of S. FEDERAL EWWWER ID NUMBER(FEIN)
2. PROJECTTr11..E: Hydraulic St. Riverfront Acq 36-6006169
3. INOICA1E TYPE OFPRO.IGCT (✓)Acquisition 1 I Oevelooment
0. POP ULAIION IN Af PUCANTa
(
1 Combination (developrnent pfoieCt Involving a land donation
JURISDIClulth 7,500
•, GOUNTY LOCAllaN: Yorkville (Kendall County)
TOWNSHIP LOCASCR:
Bristol 7. Fad CONGRESSIONAL DISTZ: 14
CENSUS TRACTLOCASON: 8906 IL sttiresm 018Te: 25
IL SOUSE DISTL: 50
B.PROJECTEPONSOa'S NASF.ADDRESS 8 TELE I FAX NUN6ER B. APPUCANTS DESIGNATED CONtACTPERSON FOR PROJECT
Yorkville. City of name,title,address S talophaw di FAX$
(must be available Sam-5pm,Monday through Ftlday)
800 Game Farrn Road Mark Yergler, Grant Consultant
City of Yorkville,800 Garner Farm Rd IL 60560 3160 Reaver Creek Lane
(630)553-4341 (630)553-4347 Springfield 62707 IL 62707
(217)585-8271 (217)529-8666
chief Adminiain oor I onlclal: Art Prochaska,Mayor a-mail address.
10. BRIEF AND CONCISE DEBCRIP1011 OF PROPOSED PROJECT (be aura to Indicate slaalacreags of Walla*MI
The City of Yorkville plans to acquire a 0.52 acre parcel of river front property in downtown Yorkville to protect it from
commercial development and promote public access to the Fox River end future expansion of the Fox River Trail.
Preservation of the Fox River and creation of a greenway along the river has long been a high priority for the region.
Acquisition of this property is identified as a nigh priority in Yorkville's Fox River Greenway Plan. The property is
currently being held by CORLANDS until such time that local financing can be arranged to purchase the property
(typically within 3 years after CORLANDS takes title). Future development plans call for a river overlook/fishing pier,
small picnic shelter, and bicycle trail.
(do not attach additional*Mas)
(
11.(ACQUISr2ON PROJECT) (ealknaled coals) 12.(DEVELOPNENTPROJECT i (alleviated costa)
•
Aaqutoidon CaGtc 155,000.00
construction Costs 5
Relocation Costs 5 0.00
A/E Design Fees $
Appraisal Costs 5 1,500.00
Archaeological SurvvyCosta $
Archaeological Survey Coots $ 1,500.00
CPA Report coolo 5
TOT AL ACC.COSTS S
158,000,00
TOTAL DEV.COSTS: ; 0.00
Grant Ar111,leavaeaed L'±? ) S 79,000.00
(srbu.uuu muxmumt
-
Grant Amount Requeeeed L`X) $
(NIOQcco meirmr)
13. (COIIIBINA1ON PROJECT) Coatpials and add warmer totals for both$11 and O12 abav
Total Grant Amount Requested $
(Add items Pt 1 8#12) t tauqun maxtmuI)
(')For county and municipal)unsdtcuons exceeding 2.0 mi Nutt inelJeula aoo pogo iv or page 3 of OSLAD menud for grant Iimtic.
nr •rT r`nn7 11•1-1 /On
Pro act Spans or. Yorkville, City of DOC.1 I GENERAL PROJECTDA1R.
(Page 2 or 2)
Project Title; Hydraulic St.Riverfront
14. SOURCE(S)OF LOCAL MATCHING FUNDS:
✓ General Funds Donations(specify)
Non-Referendum Bonds Cther(9pec,ry)
Refemndum Bonds(indicate status orM ,eadumdate)
Nom:31e UdbrnaaUen ur Helie 5a(awarding Minolta brat Rand Bonk and pacclbta taw coal loans to help finance the tenryacad pro)act
(Read Instructions on page 45 before competing)
114. VIAL PARK/OPEN SPACE ACREAGE AVAILAAI F 7511 AMDUNTOF PARKLAND I OPEN SPACE ACREAGE
W/1NIN APPLICANTS JURISDICTIONAL BOUNDARIES: SHOWN IN 15a TiATIS OWNED endtor LEASED
BY APPUCANT.
•acres
64.25 acme owned 0.50 aortic lo:a:ad
`NOTE: Attach legible map showing location of ALL',addend within applleanra Jurisdictional boundaries. For each park site, Indicate name,sied
gener.,t types Or'Nu" fe.lIIMAe aw.all:dtlw,and whether utilized as'community'Of"neighborhood"perk
•
141. IF APPLICABLE,INDICATE SPECIFIC GOAL or STANDARD "ADOPTED" BY APPUCANTFOR AMDUNTOF LOCAL
OPEN SPACE I PARK ACRES per 1000 POPULA1ON WITHIN JURISDIC1)ON.
acme/1000 population•
'Mast submit pega(e)from local plan Of ordnance to subatantate the stated goal or standard.
17. EXISTING SUPPLY OF PROPOSED PROJECTFACIUEES:
For each major recreation facility planned for development IN THE PROPOSED PROJECT(eel li sting below)show seating suppIylquenudes of sucr
facilities curlentiy available(or public Lite within the jurisdlcUonal boundedee of tho project eponsor.
7/0/311111i n tearoom")If
Qin Jurisdiction) w/In Jurisdiction)
CAMPING 3 PICNIC FACILITIES TRAILS(/1 of miles to nearest 1/10 mi.)
Picnic Shelters1 HI king/Walk ng
Tent Camp Sites(pnmtbhe talking 0.0
TrallerICemper Sites Natun+llnterpretive
,R-ARTS FIELDS A PLAY AREAS Fitness Trail(10 of stations)
WATER FACILIITES
Baseball flei0e
Softball flelOa Swimming Pool
faotbell aoldo __, Swimming Beach ( 1
Soccer fields (4)and LF.of waterfront
Tennis Courts Public wateracree available for
Raalwahall('.nuns .. Rnanng/Oahlno
•
Volleyball COUn%
Running Track WINT ER RECREATION FACILITIES
Plemgrounds
lee
In-Ilne skating rinks/courts Wn4
OTHER: Sled l Toboggan Hill
ahwc
GOLF COURSES (K of holes) OTHER
INTERPRETIVE CENTERS RIVER ACCESS (3 areas only)
ti. USTANY OTHER 8TJA1E OR FEDERAL GRANT FUNDS INVOLVED IN DIE PROPOSED PROJECT;PREVIOUS OR
ANUCIPATED: (Ust applicable prgect numbers aria eteas)
IF HOHE,CHECK BOK( I
$100,000 in COLT money authorized but never released for local use.
fa. GURIIENT"EIiUALIZED AtT3C$CCD VAIJJATON"=DU. —20. 10WL NUMBER OFkl,f,LOYEte'S(tulloma sad permanent
FOR LOCAL SPO4Sat JURISDIC1011: parttime)EMPLOYED BY PROJECTAPPLICANT
$ 164,000,000.00 50:00 FT PPT
21. Applicant's Annuli Operating Budget
$ 900,000.00 "OR PQRK5{Ree.
7ra 7C1t-JJ ]17-1E1]J7A V]ll-n.l 000AC.7C/ T7 QC :CT C,1317/ e/•q
STATEQPILLINa3ioerr Cr NATURAL.racoouncce DOC-41 DEVELOPMENT DATA
OSLAD/LW CF PROJECT APPLICATICN
1. Project spanear: Yorkville, City of
2. Prolact lea; Hydraulic St. Riverfront Acq
3, Acquisition Development
NOTE: Acouie PionProlects-complelulterns ge and e6 below as they pertain to future development Alb°,Indicate fuelcipatedschedule
10rpr000eed development.
emilmomemm. I,
a nF.VELCPNEN?ITEM 5. UNIT AMT. 6. ESTIMATED COSTS 7. CCNSTRUCTICN
METHOD•
River Overlook / Fishing Pier $15,000.00
Picnic Shelter& Tables $25,000.00
Bike Trail $10,000.00
Landscaping $5.000.00
Park & Trail Signs $2,500.00
•
OPP Report Costs
A/E Design Fees: <15.25%of conat coat $6,000.00
(✓)Potential Archaeological Suryey
TOTAL ESTIMATED COST; $63,500.00
(' ) C =CONTRACT F =FORCE ACCT. 0 =DONATED LABOR OR MATERIALS
NOTE: Donated labor and material Cr.not eligible for reimbureement
(br) Prulvula eM iuwA tui 03LA0 funding/nay roqulro Ma completion of on wohseoIcokkoI ernnnaleaance surwyon the prolect alte,
Estimated cost for such a survey may be Included In the prolecl budget.
a. ARCHITECTURAL/ENGINEERING FIRM(name&address):
Schoppe Design Associates
Aurora, IL
C ._1 1171nv7I vvHI.r OOOOvr r T7 Or •r T C11117 itis ion
STATE OF ILLINOIS/DNR DOC-5 PRELIMINARY RELOCATION LOCATION IN IMA'E
OSLAD/LWCF PROJECT APPLICATION (Acquisition Projects only)
1. PROJECT SPONSOR: Yorkville.City of
2. PROJECT TITLE: Hydraulic St. Rlverfrant Acy
3. NEIGHDORHOOD DESCRIPTION. (Comment on the characteristics of and the mains of livelihood for those to ba displaced.
Comment on property values and types or kinds of improvements.) Attach additionul sisett(s)if necessary.
NIA
4. APPROXIMATE NUMBER OF INDIVIDUALS TO BE DISPLACED 0
•
5. APPROXIMATE N1JMRRR 1W FAM IL1ES TO BE DISPLACED 0
6. APPROXIMATE NUMBER OF BUSINESSES TO BE DISPLACED 0
7. APPROXIMATE NUMBER OF FARM OPERATIONS TO BE DISPLACED 0
APPKOXIMATE NUMBER OF NON-PROFIT ORGANIZATIONS TO LIE DISPLACED 0
9, REPLACEMENT HOUSING. (Give statement as to the probable availability,to ell portions,of decent,3aTo and sanuary replacement
housing within the financial meads of those expected to be dispiscul.) Attach additional sheet(s)if necessary.
N/A
10. REPLACEMENT HOUSING ANALYSIS. (Analyze the results of the survey and include a statement concerning the probable
■rai{a�ility ufauitaLlr-,cdla.oanont tacilioee.Cnuaacroto ony special prublama of minority emups,low.incn.,rr.}i,milin:,large families,handicapped
• or elderly occupants and proposed solutions.) Attach additional sheet(s)if necesstay.
N/A
11. ESTIMATED RELOCATION COSTS. (List by relocation unit,such as Dwelling,Farm.Business,etc.and estimate relocasion costs.
If available,identify by assigned parcel number.) Attach additional sheet(s)if necessary.
NIA
."1,11-11 \r,- r1`^' ""u,'i nnnnr 7r 1 r7 nr •r r r0117 /1.n Ion
•
STATE OF ILLINOIS/DEPT.OF NATURAL RESOURCES DOC 2-ACQUISITION DATA
OSLAD/LWCF Project Application (instructions on page 47)
1. PROJECT SPONSOR: Yorkville. City of
2. PROJECT TITLE: Hydraulic St. Riverfront Acq
3. SUMMARY OF EXISTING SITE IMPROVEMENTS(see instructions on page 46 for details.)
If None, Check Dere [WI
4. ACQUISITION SCHEDULE:
ESTIMATED RELOCATION
CODE" PARCEL# ACREAGE LAND COST COSTS
A 1 0.52 $155,000.00 $0.00
TOTALS 0.52 $155,000.00 $0.00
CODE: A)Anticipate Negotiated Purchase 11)1'osatttte Cundenmauon C)Duuntiun(see page 46 notu)
(willing seller) (may be unwilling seller)
5. ACQUISITION STATUS
YES NO
A. AU or part of the project site is in Condemnation
(If yes,submit copy of petition to condemn) ( 1 Wt
B. All or part of the project site is cuvored in a Purchase Contract
(If yes,submit copy of contract) ( 1 (WI
C. All or part of the project site Is covered in an Option Agreement
(If yes,submit copy of Option) 1 I (✓)
D. All or part of the project site is covered in a Lease Agreement
(if yes,attach copy of tense) ltrl (•
I
E. All ur part of the project site is covered by any form of
agreement other than those autod above that cuutmits[wad project ( I lel
sponsor to acquire property.Of yes,submit copy of agreement)
Rev.3102 •
""u'' nnnnn>n.�+ nn nr rnn> irn inn
PA
YORKVILLE P4-1—__ rk-Al2 f)
II
Pig
PAWS 6 RECREATION Yorkville Parks&Recreation Department
908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep(a,,aol.com
Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347
Memo
To: Park Board
From: Laura Brown
Date: June 6, 2003
Cc: Art Prochaska, Mayor
Re: Truck Bid Opening
As Approved by Park Board on 4/14/03 and City Council on 5/13/03, Scott Sleezer, Park
Foreman conducted a request for proposal and a Bid Opening for the purchase of a two
wheel pick up truck. The funds to purchase the truck were identified in the Parks Capital
budget from 2002-2003 and would be carried over into the reserve Parks Capital of 2003-
2004.
Attached are the results of the bid opening held on May 30, 2003.
Staff are requesting approval to proceed with the purchase of the two wheel pick up truck
from the lowest bidder- River Oaks Ford.
1
Memorandum
To: Laura Brown
CC: Eric Dhuse
From: Scott Sleezer
Date: 6/5/2003
Re: Truck Bids opening
Parks truck bid opening is as follows.
Elm Ford $ 16681.55
Ron Tirapelli Ford $12991.00
Dempsey Dodge $19916.00
Fox Valley Ford $17821.00
River Oaks Ford $12447.00
Advantage Chevrolet $14750.00
Northwest Ford $14564.60
Coffman Trucks $15249.00
Ron Westphal Chevrolet $16567.70
All bidders met the truck specifications,it is my recommdation to purchase the truck from
River Oaks Ford in the amount of$12447.00.
Respectfully,
45541,.(r.c
Scott Sleezer
1
s
APPROVED
Memorandum
cv,„
To: Laura Brown
CC: Eric Dhuse �cO ` -2r1 .
From: Scott Sleezer
Date: 4/14/2003
Re: Budget Expense
Laura I have noticed in the current budget we will have a carry over in the
parks capital line item. With the expansion of staff and the alignment of summer
crews we are having difficulties in getting all of the man power and equipment to the
park locations with the current vehicles. The following is a purposed transportation
and vehicle assignment list. Brett—Utility truck Tony—(Dump truck July) Ryan
—89 pickup Rob- 01 pickup Scott—(03 pickup June) Jamie- (new pickup if
allowed) .The utility cart is used by all park staff based on where there working. By
having an additional two wheel drive basic pickup vehicle it would alleviate some of
the limitations. With your permission I would like to go out to bid on a 2003 two
wheel drive basic pickup with specks as follows and an amount not to exceed fifteen
thousand( 15000.00 ).
Respec y,
Scott Sleezer
4
1