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Committee of the Whole Packet 2003 08-05-03
United City of Yorkville ///��� _zm� County Seat of Kendall County EST. �`1836 800 Game Farm Road , Cl) Yorkville, Illinois 60560 O �� !1 O Phone:630-553-4350 'A �� Fax:630-553-7575 �`k LE `w AGENDA COMMITTEE OF THE WHOLE Tuesday, August 5, 2003 7:00 PM City Conference Room REVISED: 8/4/03 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. • Mayor: 1. Intergovernmental Agreement between School District, City, Parks and Recreation and Police for the exchange of facilities and services *COW 7/1/03 and 7/15/03 2. Kendall County Jail Proposal & Intergovernmental Agreement Public Works Committee: 1. Fox Hill Recapture *COW 7/1/03 2. Dickson Court - Results of Bid Opening *PW 7/28/03 3. NPDES Phase 2 Storm Water Requirements *PW 7/28/03 4. Route 34/Game Farm Road Traffic Signal Change Order *PW 7/28/03 5. South Elevated Water Storage Tank - Results of Bid Opening 6. South BPS/PRV Station - Results of Bid Opening • 7. Well 7 - Results of Bid Opening 8. Route 34/Game Farm Road Traffic Signal - Change Order • Page 2 Committee of the Whole August 5, 2003 Economic Development Committee: 1. Westbury Village Revised Annexation Agreement *COW 7/15/03 2. Caledonia Preliminary Plan and Amendment to Annexation & PUD Agreement *COW 7/15/03 3. Kimball Hill Homes Annexation Agreement *CC Public Hearing 7/8/03, COW 7/15/03 4. PC 2003-06 Senior Apartment Housing PUD Draft *EDC 6/19/03, COW 7/15/03 5. Rear Yard Setback Variance *ZBA 7/16/03 6. Resolution Acknowledging the Cable System Upgrade and Designating the Southwest Fox Valley Cable & Telecommunications Consortium as Agent • Public Safety Committee: 1. Monthly Police Reports for June 2003 *PS 7/24/03 2. Hiring of 2 Additional Personnel in accordance with Grande Reserve Annexation Agreement *PS 7/24/03 Administration Committee: 1. Copier Proposals *Admin 6/12/03 2. Employee Manual *Admin 3/13/03, COW 6/3/03 and 6/15/03 3. Windett Ridge SSA Documentation *COW 7/1/03 4. Raintree Village SSA Documentation *COW 7/1/03 Park Board: 1. No Report. • Additional Business: Note: Andy Clements from Weblinx will be taking pictures at the 8/12/03 City Council meeting for the website. 4 � 0T United City of Yorkville MMICounty Seat of Kendall County EST.% 1836 800 Game Farm Road ,� {{ ftW Yorkville, Illinois 60560 O iI O Phone:630 553-4350 �,� . Fax:630-553-7575 v `/4LEN'' AGENDA COMMITTEE OF THE WHOLE Tuesday, August 5, 2003 7:00 PM City 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. • Mayor: 1. Intergovernmental Agreement between School District, City, Parks and Recreation and Police for the exchange of facilities and services *COW 7/1/03 and 7/15/03 �. Kendall County Jail Proposal & Intergovernmental Agreement Public Works Committee: 1. Fox Hill Recapture *COW 7/1/03 2. Dickson Court - Results of Bid Opening *PW 7/28/03 3. NPDES Phase 2 Storm Water Requirements *PW 7/28/03 4. Route 34/Game Farm Road Traffic Signal Change Order *PW 7/28/03 5. South Elevated Water Storage Tank - Results of Bid Opening 6. South BPS/PRV Station - Results of Bid Opening 41) 7. Well 7 - Results of Bid Opening Page 2 W Committee of the Whole August 5, 2003 Economic Development Committee: 1. Westbury Village Revised Annexation Agreement *COW 7/15/03 2 Caledonia Preliminary Plan and Amendment to Annexation & PUD Agreement *COW 7/15/03 3. Kimball Hill Homes Annexation Agreement *CC Public Hearing 7/8/03, COW 7/15/03 4. PC 2003-06 Senior Apartment Housing PUD Draft *EDC 6/19/03, COW 7/15/03 5. Rear Yard Setback Variance *ZBA 7/16/03 Public Safety Committee: 1. Monthly Police Reports for June 2003 *PS 7/24/03 • 2. Hiring of 2 Additional Personnel in accordance with Grande Reserve Annexation Agreement *PS 7/24/03 Administration Committee: 1. Copier Proposals *Admin 6/12/03 2. Employee Manual *Admin 3/13/03, COW 6/3/03 and 6/15/03 3. Windett Ridge SSA Documentation *COW 7/1/03 4. Raintree Village SSA Documentation *COW 7/1/03 Park Board: 1. No Report. Additional Business: Note: Andy Clements from Weblinx will be taking pictures at the 8/12/03 City Council meeting for the website. • 4 UNITED CITY OF YORKVILLE AGENDA • COMMITTEE OF THE WHOLE Tuesday, August 5, 2003 7:00 PM BEECHER COMMUNITY BUILDING, PERKINS ROOM REVISED: 8/4/03 STATUS: MAYOR: l/ Intergovernmental Agreement between School District, City, Parks and Recreation and Police for the Exchange of Facilities and Services JPD tic."\-- ( 2. Kendall County Jail Proposal& Intergovernmental Agreement OD PUBLIC WORKS COMMITTEE: I IkC 7 ( (Lb V7 Al4") 1 1 1. Fox Hill Recapture / `- / 2. Dickson Court-Results of Bid Opening . % 0 I 9t 1� \\ V�. L ,/ 3. NPDES Phase 2 Storm Water Requirements .. - ,.,, 4- - * C-4.°A,Le.toti9.il. s "r 4. Route 34/Game Farm Road Traffic Signal Change Order r (1,,,i A f7iot 5. South Elevated Water Storage Tank-Results of Bid Opening 4 6. South BPS/PRV Station -Results of Bid Openingl /iCt 7. Well 7 -Results of Bid Opening •-/ '---(„t") 8. Route 34/Game Farm Road Traffic Signal - Change Order ECONOMIC DEVELOPMENT COMMITTEE�Q Lfk ,•- : / c do./A17//6/ ' e - ,7 -c . - 11 1. Westbury Village Revised Annexation Agreeme /47 07111_1 2 N i, IP 74\I' a C"nn-Lcdk-) K) 4 ' ti ' ' 1I 2. Caledonia Preliminary Plan and Amendment to Annexation& PUD D cit Agreement 1, C J1 q(I'' P q Yfie-/ \ Iv .0A-1 C4Q / C-s� l ./c-1/ 3. Kimball Hill Homes Annexation Agreement r ,,`J 1 'C-°e-4-'\- oQ 4. PC 2003-06 Senior Apartment Housing PUD Draft L. L DUN ,5. Rear Yard Setback Variance !� rJ Resolution Acknowledging the Cable System Upgrade and Designating the Southwest Fox Valley Cable& Telecommunications Consortium as Agent PUBLIC SAFETY COMMITTEE: G J 1. Monthly Police Reports for June 2003 t4.°11 2. Hiring of 2 Additional Personnel in accordance with Grande Reserve Annexation Agreement ADMINISTRATION COMMITTEE: , 6 1. Copier Proposals Al/ 4 C67 (� 2. Employee Manual /424 iS '� lf 62e0-PF' c t f (4/47 Ai )/1.4A19‘1.- 3. Windett Ridge SSA Documentation vx /iii: 4,2„, , .., 4. Raintree Village SSA Documentation PARK BOARD: • No Report./ 0,4&.°/// I-7 e,t-e,..—..:, 6-irg .--c-J 12111Z'eie______Z____ i 4/2, e... -/ -4-14 0 , x_e., ., . . . Additional Business 43y-j___Q_., Ce.,-J2-- - 1,:w-.1.-_ryftio idocep. ..._ tfr), ' ,p‘64/1._ 171/1 --- ,f __- / , 0 Jir" )'' /$1 -44- ;•"/°- ,.9 THE INTERGOVERNMENT COOPERATIVE AGREEMENT OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT #115 and THE UNITED CITY OF YORKVILLE This agreement is made and entered into this 28 th day of July 2003,by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "CITY"), and the Board of Education of YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 (the "SCHOOL DISTRICT"). WITNESSETH WHEREAS, the parties hereto are interested in establishing an Intergovernmental Agreement for the sharing of current "CITY" and "SCHOOL DISTRICT" facilities and services; WHEREAS, this Agreement shall supercede any and all prior oral or written Agreements between the parties as for the provisions related to a Police Officer, sometimes herein referred to as "School Resource Officer." WHEREAS, said Agreement has been created, and has been adopted by the City Council of United City of Yorkville; and WHEREAS, said Agreement has been created, and has been adopted by the School Board of the Yorkville Community Unit SCHOOL DISTRICT#115; and WHEREAS, Intergovernmental Cooperation Agreement is authorized by the Illinois Constitution of 1970 and The Intergovernmental Cooperation Act of the State of Illinois,providing for the execution of agreements and implementation of cooperative ventures between public agencies of the State of Illinois (5 ILCS 220/1-220/7 et. seq,). The SCHOOL DISTRICT and the CITY recognize and understand that this unique Agreement providing the optimum use by two public organizations of the physical facilities and services being provided for the taxpayers of both agencies. It is, therefore recognized by both the SCHOOL DISTRICT and the CITY that there will be a need from time to time, for periodic review and modification of the schedule set forth after formal adoption and execution of this Agreement. Such reviews shall take place as needed, at the request of either the SCHOOL DISTRICT or the CITY. At the conclusion from the date indicated at the signing of this agreement, both parties will evaluate this agreement in its entirety for philosophical, and overall benefits for both parties. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1 "SCHOOL DISTRICT" SCHOOL POLICE OFFICER WHEREAS,the parties have waived the exchange of dollars for compensation of said arrangement for use of one Police Officer,in the amount of "CITY" USE OF THE SCHOOL FACILITIES BY THE CITY. The SCHOOL DISTRICT agrees to permit the CITY to utilize designated school owned facilities for City sponsored activities during non-school hours when the facilities are not required for educational purposes by the SCHOOL DISTRICT at no cost. The CITY will have the first right of use by the arrangements of this agreement. The CITY shall be entitled to reasonable modes of ingress and egress to and from the facilities, and use of the SCHOOL DISTRICT's parking facilities during those times when it uses the facilities. For purposes of this Agreement, "non-school hours"shall be defined as follows: A. Weekdays—Monday through Friday, 4:00pm— 10:00 pm throughout the school term. B. Weekends— Saturdays and Sundays, 6:00 am—9:00 pm throughout the school term. C. At other times, such as summer recess, school holidays, other times as requested, these are subject to availability and approval by the SCHOOL DISTRICT Superintendent and/or designated staff. In entering into this Intergovernmental Cooperative Agreement, the CITY agrees that all students of the SCHOOL DISTRICT shall be considered residents of the CITY when registering for CITY programs Conducted solely or primarily at the facilities owned by the SCHOOL DISTRICT's. TERMS OF USE OF FACILITIES & GROUNDS To Facilitate the scheduling of the School and CITY usage of designated Facilities, and Grounds, the SCHOOL DISTRICT and CITY will meet annually to develop a master scheduling calendar for the upcoming school year. This yearly scheduling shall be completed no later than July 15, and bhall be incorporated into the SCHOOL DISTRICT's and CITY Park and Recreation Department's Master Calendars for the upcoming fiscal/school year. Once the master schedule has been developed, it shall be the responsibility of each party to schedule their respective activities and events within the agreed upon timeframes. It is understood and agreed upon by the SCHOOL DISTRICT and CITY that there may be an occasion when either party may need to utilize the facilities in order to accommodate special use, as the need arises. Therefore, upon a minimum of fourteen(14) days written notification by School Superintendent and /or City Administrator, or Executive Director of Park and Recreation, either party may request a modification of the usage schedule set forth. By mutual consent of the parties, the schedule set forth may be modified. If special circumstances make it impossible for either the SCHOOL DISTRICT or CITY to cancel or change the scheduled use, each party will provide best effort to find an alternative date. Under these circumstances, both parties hereto, agree that the scheduled event shall take priority over any attempted change. Additionally, at those time when either the SCHOOL DISTRICT or the CITY has the facilities for a particular activity but elects not to use the 2 Facilities for that activity, this Agreement shall not preclude the other party's use of the Facilities for a function appropriate to its governmental purpose, upon written request to the other party for such use and receipt of written clearance for such use from the other. The Governing Bodies of each public entity, "CITY"(Mayor and City Council), and "School District", (School Board) reserve the right to act as the final authority in determining the use of their respected facilities and services where controversial issues are involved when it deems the action to be in the best interest of the each public entity(CITY and/or SCHOOL DISTRICT). OPERATIONAL COSTS Fees for Use The SCHOOL DISTRICT and CITY agree neither party will exchange dollars or compensation for use of the facilities, grounds or Police Officer Services. It will be the responsibility of each party utilizing the others property and facilities to return the condition of the facility or property to the same state. The SCHOOL DISTRICT and CITY will provide respected staff with a key to the designated facility,building or area to allow access without the need of having additional personnel present. Each party hereto, will be responsible for securing the facility, building or area upon leaving. Integration of all terms into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the CITY and the SCHOOL DISTRICT. 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. IN WITNESS WHEREOF, the parties hereto have,the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor, United CITY of Yorkville Attest: United CITY of Yorkville, City Clerk 3 I YORKVILLE COM o UNIV SCHOOL DISTRICT #115 1 '0...,........,... By +'reside Attest: ..mi,... 7. Secretary • 4 08/04/2003 14 48 FAX 630 553 5764 DANIEL J. KRAMER 2002/004 J?`�0p CT`0, United City of Yorkville EST. '°`t _�X806 County Seat of Kendall County 900 Game Farm Road �':� CO Yorkville, Illinois 60560 I fIJ,L p Phone;630-553-4350 - 'nom = Fax:630-553-7575 kLEw August 4, 2003 County of Kendall County 111 W. Fox Rd. Yorkville, IL 60560 RE: Old Kendall County Jail 111 W. Madison St. Yorkville, IL 60560 Ladies and Gentlemen: Please be advised that at this time United City of Yorkville is inquiring into the acquisition of the Old County Jail Property located at the above referenced address. As evidenced by the interest of the community in preservation and restoration of the Old Kendall County Courthouse, the United City of Yorkville recognizes the historical significance of the preservation and restoration of the adjacent Old Kendall County Jail facility. As a result of the desire of both the United City of Yorkville and its citizens, I would appreciate the opportunity to share and explore the potential uses for the property and engage in preliminary negotiations with the County of Kendall in the hopes that an agreement may be reached to transfer ownership from the County to the United City of Yorkville. Why City Ownership? 1. Contribution to the revitalization and redevelopment of downtown area. 2. The City has access to grants and other resources to find the restoration of the facility. Proposed Uses: 1. Visitors Center 08/04/2003 14 48 FAX 630 553 5764 DANIEL J. KRAMER 1003/004 2. Storage Space 3. Office Space Preliminary Proposal-Intergovernmental Agreement Within days of entering/execution of the Intergovernmental Agreement the following would occur. 1, The County would execute a deed transferring ownership of all real property and accompanying improvements for the area commonly known as 111 W. Madison Street to the United City of Yorkville for the cost of$1.00 plus any mutually agreed upon incidental casts. Said incidental costs may include survey, closing costs, title searches, and/or recording costs. 2. The City shall have the right to determine uses for the property which may include restoration of the facility to provide for a Visitor's Center, Museum, City Offices, City Storage Facility,Leasing Space, and/or Municipal Parking. 3. The City will use its best efforts to maintain, upgrade and restore the property, as funding becomes available from private or public sources, 4. Within the first 5 years of ownership the City shall have the ability to sell/convey all or a portion of the above referenced property. Said property will be assessed and sold as provided for by the Municipal Code of the Illinois State Statute. 5. If the situation in paragraph 4 should occur,the City would propose to recover all costs incurred by the City during its ownership of the property from the sale,with the remainder of the sale proceeds being divided equally between the County and the City. 6. Should the City maintain ownership of said property for a period longer than five years, the City shall have no financial obligation to the County, I appreciate your time and consideration in this matter. Should the County wish to discuss this matter in greater depth please feel free to contact me. Very truly yours, Mayor Arthur Prochaska UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat From: Joe Wywrot, City Engineer 146, Subject: Dickson Court Roadway Improvement,—Results of Bid Opening Date: July 24, 2003 Bids were received on July 24, 2003 for construction of roadway improvements on Dickson Court. This project includes curb replacement and sidewalk construction at various locations, and repaving of the roadway. The following bids were received: Meyer Paving, Inc. $ 64,659.46 50W363 Route 64 Maple Park, Illinois 60151 Aurora Blacktop, Inc. $ 70,725.75 1065 Sard Ave. Montgomery, Illinois 60538 Johnson Blacktop, Inc. $ 76,341.64 825 Hicks Drive Elburn,Illinois 60119 Engineer's Estimate $ 73,311.50 We contracted with Meyer Paving in 2000 for our Naden Court roadway project, which turned out well. Based on the results of the bids, I recommend that we award the contract for this project to Meyer Paving, Inc. for the bid amount of$64,659.46. Please place this item on the Public Works Committee agenda of July 28, 2003 for review. Cc: Traci Pleckham, Director of Finance -. - ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 21 7-782-3397 JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026 ROD R. BLAGOJEVICH, GOVERNOR RENEE CIPRIANO, DIRECTOR 217/782-0610 June 30, 2003 Re: NONCOMPLIANCE ADVISORY LETTER-NPDES Phase II Storm Water Program for Municipal Separate Storm Sewer Systems of Municipalities Listed in the 1990 & 2000 Census Dear Urban Area Entity: Your entity has been listed in the.latest Decennial Census by the Bureau of the Census as being in an urbanized area. This means that if your entity operates a small municipal separate storm sewer system (MS4), you are required to submit a Notice of Intent(NOI) application for NPDES permit coverage. This application was to have been submitted by you to the Illinois Environmental Protection Agency(Illinois EPA) by March 10, 2003. To date, the Illinois EPA has not received an NPDES permit application for your entity. In order to help you determine whether or not you have an MS4, definitions for"Small Municipal Separate Storm Sewer System", "Conveyance", and other pertinent terms from the Federal Register are included as an Attachment to this letter. The Illinois EPA requests that your entity submit an application for NPDES permit coverage within 45 days of the date of this letter. Also attached is a copy of the NO! application form for small MS4s. We have a computer input NOI form that is also available on our website at www.epa.state.il.us. To request forms by telephone, call the Permit Section at (217) 782-0610. E-mail requests should be addressed to marl lyn.davenport!aIepa.state.i I.us. If you have any questions or need any assistance, please contact Marilyn Davenport at the above telephone number and address. Very truly yours, r<;,,f/ To Frevert, P.E. Manager Division of Water Pollution Control TF: SAK:MED:ms4reminderltr Enclosure cc: Records Unit • Regional Offices • ROCKFORD-4302 North Main Street,Rockford,IL 61 103-(815)987-7760 • Des PLAINES-9511 W.Harrison.St„ Des Plaines,IL 60016-(847)294-4000 ELGIN-595 South State, Elgin, IL 60123-(847)608-3131 • PEORIA-5415 N. University St.,Peoria, IL 61614-(309)693-5463 BUREAU OF LAND-PEORIA-7620 N.University St.,Peoria,IL 61614-(309)693-5462 • CHAMPAIGN-2125 South First Street,Champaign,IL 61820-(217)278-5800 SPRINGFIELD-4500 S.Sixth Street Rd.,Springfield, IL 62706-(217)786-6892 • COLLINSVILLE-2009 Mall Street,Collinsville,IL 62234-(618)346-5120 MARION-2309 W.Main St.,Suite 116,Marion,IL 62959-(6181993-7200 PRINTED ON RECYCLED PAPER PART VI. DEFINITIONS AND ACRONYMS (SEE ALSO SPECIAL CONDITIONS) All definitions contained in Section 502 of the Clean Water Act. 40 CFR 122, and 35111. Adm. Code 309 shall apply to this permit and are incorporated herein by reference. For convenience, simplified explanations of some. regulatorystatutory definitions have been provided, but in the event of a conflict, the definition found in the statute or regulation takes precedence. Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements. operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMP is an acronym for"Best Management Practices." CFR is an acronym for"Code of Federal Regulations." Control Measure as used in this permit, refers to any Best Management Practice or other method used to prevent or reduce the discharge of pollutants to waters of the United States. CWA or The Act means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95- 576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq. Discharge, when used without a qualifier, refers to discharge of a pollutant as defined at 40 CFR 122.2. Illicit Connection means any man-made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Illicit Discharge is defined at 40 CFR 122.26(b)(2) and refers to any discharge to a municipal separate storm sewer that is not composed entirely of storm water, except discharges authorized under an NPDES permit(other than the NPDES permit for discharges from the MS4)and discharges resulting from fire fighting activities. MEP is an acronym for "Maximum Extent Practicable," the technology-based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in storm water discharges that was established by CWA.Section 402(p). A discussion of MEP as it applies to small MS4s is found at 40 CFR 122.34. MS4 is an acronym for "Municipal Separate Storm Sewer System" and is used to refer to either a Large, Medium, or Small Municipal Separate Storm Sewer System (e.g. "the Dallas MS4"). The term is used to refer to either the system operated by a single entity or a group of systems within an area that are operated by multiple entities (e.g., the Houston MS4 includes MS4s operated by the city of Houston, the Texas Department of Transportation. the Harris County Flood Control District, Harris County, and others). Municipal Separate Storm Sewer is defined at 40 CFR 122.26(b)(8) and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters. ditches, man-made channels. or storm drains): (i) Owned or operated by a State, city, town, borough,county, parish. district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes. storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States: (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer; and(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. NOI is an acronym for"Notice of Intent" to be covered by this permit and is the mechanism used to "register" for coverage under a general permit. :VPDES is an acronym for"National Pollutant Discharge Elimination System." Outfall is defined at 40 CFR 122.26(b)(9) and means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. Owner or Operator is defined at 40 CFR 122.2 and means the owner or operator of any"facility or activity" subject to regulation under the NPDES program. Permitting Authority means the Illinois EPA. Point Source is defined at 40 CFR 122.2 and means any discernable, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Qualifying Local Program is defined at 40 CFR 122.34(c) and means a local, state, or Tribal municipal storm water management program that imposes, ata minimum, the relevant requirements of paragraph (b) of Section 122.34. Small Municipal Separate Storm Sewer System is defined at 40 CFR 122.26(b)(16) and refers to all separate storm sewers that are owned or operated by the United States, a State [sic], city, town, borough, county, parish, district, association, or other public body(created by or pursuant to State [sic] law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States, but is not defined as "large" or"medium" municipal separate storm sewer system. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases. large hospital or prison complexes. and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas. such as individual buildings. Stornh Water is defined at 40 CFR 122.26(b)(13) and means storm water runoff, snowmelt runoff. and surface runoff and drainage. Storm Water Management Program (SWIVIP) refers to a comprehensive program to manage the quality of storm water discharged from the municipal separate storm sewer system. SWMP is an acronym for"Storm Water Management Program." TMDL is an acronym for"Total Maximum Daily Load." Waters (also referred to as waters of the state or receiving water) is defined at Section 301.440 of Title 35: Subtitle C: Chapter 1 of the Illinois Pollution Control Board Regulations and means all accumulations of water, surface and underground. natural, and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon the State of Illinois, except that sewers and treatment works are not included except as specially mentioned; provided, that nothing herein contained shall authorize the use of natural or otherwise protected waters as sewers or treatment works except that in-stream aeration under Agency permit is allowable. "You"and "Your"as used in this permit is intended to refer to the permittee, the operator. or the discharger as the context indicates and that party's responsibilities (e.g., the city, the country, the flood control district, the U.S. Air Force, etc.). ILLINOIS ENVIRONMENTAL PROTECTION AGENCY Input forms in Word format are available NOTICE OF INTENT by via email. FOR GENERAL PERMIT FOR DISCHARGES FROM marilvn.davenportAepa.state.il.usor by calling the Permit Section at SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS 217/782-0610 (MS4s) See address for mailing on last page For Office'Use Only—Permit No. ILR40 Part 1. General Information 1. MS4 Operator Name: 2. MS4 Operator Mailing Address: Street City State Zip 3. Operator Type: ❑ City ❑ Borough ❑ DOT/Highway Adm [l County ❑ Precinct El Sewer District 7 Parish ❑ Hospital ❑ Flood Control Dist El Reservation ❑ Prison ❑ Drainage District ❑ Village ❑ Military Base El Association El Town n Park n Other (list) ❑ Township ❑ College/University 4. Operator Status ❑ Federal El State El County ❑ Local El Other 5. Names(s) of Governmental Entity(ies) in which MS4 is located: 6. Area of land that drains to your MS4 (in square miles): 7. Latitude/Longitude at approximate geographical center of MS4 for which you are requesting authorization to discharge: Latitude: Longitude: DEC. MIN. SEC. DEC. MIN SEC. • 8. Names(s) of known receiving waters Attach additional sheets (Attachment 1) as necessary: 1. 2. • 3. 4. 5. 6. 7. 8. Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form!rum being processed and could result in your application being denied. Page I IL 532-2772 9. Persons Responsible for Implementation/Coordination of Storm Water Management Program: Name Title Telephone No. Area of Responsibility • Part II. Best Management Practices (include shared responsibilities) Proposed to be Implemented in the MS4 Area • (Details of BMP implementation for each checked BMP number, e.a.,A.1, E.2, is required in Part IV of this NOL) A. Public Education and Outreach D. Construction Site Runoff Control A.1 Distributed Paper Material n D.1 Regulatory Control Program 7 A.2 Speaking Engagement D.2 Erosion and Sediment Control BMPs A.3 Public Service Announcement ❑ D.3 Other Waste Control Program 7 A.4 Community Event D.4 Site Plan Review Procedures 7 A.5 Classroom Education Material D.5 Public Information Handling Procedures n A.6 Other Public Education ❑ D.6 Site Inspection/Enforcement Procedures ❑ D.7 Other Construction Site Runoff Controls B. Public Participation/Involvement n B.1 Public Panel E. Post-Construction Runoff Control ❑ B.2 Educational Volunteer E.1 Community Control Strategy n B.3 Stakeholder Meeting n E.2 Regulatory Control Program n,B.4 Public Hearing n E.3 Long Term O&M Procedures 7 B.5 Volunteer Monitoring ❑ E.4 Pre-Construction Review of BMP Designs (1 B.6 Program Coordination E E.5 Site Inspections During Construction _ B.7 Other Public Involvement E.6 Post-Construction Inspections ❑ E.7 Other Post-Construction Runoff Controls C. Illicit Discharge Detection and Elimination C.1 Storm Sewer Map Preparation F. Pollution Prevention/Good Housekeeping n C.2 Regulatory Control Program n F.1 Employee Training Program (1 C.3 Detection/Elimination Prioritization Plan 7 F.2 Inspection and Maintenance Program 7 C.4 Illicit Discharge Tracing Procedures n F.3 Municipal Operations Storm Water Control 7 C.5 Illicit Source Removal Procedures ❑ F.4 Municipal Operations Waste Disposal n C.6 Program Evaluation and Assessment n F.5 Flood Management/Assessment Guidelines UC.7 Visual Dry Weather Screening ElF.6 Other Municipal Operations Controls (1 C.8 Pollutant Field Testing FT C.9 Public Notification ( I C.10 Other Illicit Discharge Controls Inlurmation required by this I'm m oust he provided to comply with 415 ILC'S 5/39(2000). Failure to do so may prevent this lurm from being processed and could_ result in your application being denied. Page 2 NNW Part III. Qualifying Local Programs (Describe any qualifying local programs that you will implement in lieu of new permitting requirements.) 1. Public Education and Outreach: 2. Public Participation/Involvement: 3. Illicit Discharge Detection and Elimination: 4. Construction Site Runoff Control: 5. Post-Construction Runoff Control: • 6. Pollution Prevention/Good Housekeeping: II - Information required by this form must be provided to comply with 415 ILCS 5/39(2000). failure to do so may prevent this form from being processed and could result in your application being denied. Page 3 Copy and complete this page if additional pages are necessary: Part IV. Measurable Goals (include shared responsibilities) Proposed to be Implemented by the MS4 (BMP No. should match that checked in Part II of this NOI. The applicant may repeat the same BMP No. where more than one BMP of similar type is to be implemented. Where necessary, attach additional sheets to provide more detail on each specific BitMIP.) BMP No. Brief Description of BMP: Measurable Goal(s), including frequencies: Milestones: Year 1: Year 2: Year 3: • Year 4: Year 5: BMP No. Brief Description of BMP: Measurable Goal(s), including frequencies: Milestones: Year 1: Year 2: Year 3: Year 4: Year 5: Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this Iurm from being processed and could result in your application being denied. Page 4 Part V. Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and imprisonment. Authorized Representative Name and Title Signature Date • Mail completed form to: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY DIVISION OF WATER POLLUTION CONTROL ATTN: PERMIT SECTION POST OFFICE BOX 19276 SPRINGFIELD, ILLINOIS 62794-9276 • • Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this Form From being processed and could result in your application being denied. Page 5 Copy and complete this page if additional pages are necessary: Attachment 1 Receiving Streams Continued • 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Information required by this form must be provided to comply with 415 ILCS 5/39(2000). Failure to do so may prevent this form from being processed and could result in your application being denied. Page 6 UNITED CITY OF YORKVILLE To: Tony Grafiy City Administra r From: Joe Wywrot, City Engineer , Subject: Route 34/Game Farm Road • c S .• —Change Order No. 2 Date: July 23, 2003 Attached find one copy of proposed Change Order No. 2 for the referenced project. This change order, in the amount of a$1,253.37 increase, is for pavement striping. When this project was designed,the intent was to not change existing pavement markings. We forgot, however, that stop bars would need to be placed on Route 34 when the signals were activated. This change order covers that work and also some miscellaneous striping removal. The high cost for this relatively minor amount of work is primarily due to union rules regarding payment for a minimum number of hours when workers are called to a jobsite. This work should be covered by the joint agreement between the city and IDOT, which means that IDOT would fund approximately 93% of the work. Please place this item on the Public Works Committee agenda of July 28, 2003 for consideration. 1 .V" Illinois Department Request for Approval of Transportation of Change in Plans Date July 21, 2003 County Kendall Contractor Van Mack Electric Road District or Municipality Yorkville Address 2433 Reeves Road Section 02-00028-00-TL Joliet, IL 60436 Request No. 2 CO addition I recommend that an ❑ extension be made to the above contract. 0 deduction ❑ from Between Station and Station a net length of (Do not fill in unless a change in length is involved) The estimated quantities are shown below and the contractor agrees to furnish the materials and do the work at the unit prices. Show station location for major items. -Items Description and Unit Quantity Unit Price Additions Deductions FRC00100 Pavement Striping, $ 1253.37 $1.00 $1,253.37 Totals $1,253.37 Net Change $1,253.37 Amount of loriginal contract $ $142,510.32 ® addition Total net ❑ deduction to date $ 3,299.77 which is 2.32 % of Contract Price BLR 6301 (Rev.2/01) State fully the nature and reason for the change Prior to the turn-on of the new traffic signals on January 3`d, 2003, stop bars needed to be installed at the intersection. Temporary paint pavement markings were required since thermoplastic is not allowed to be placed between November 1"and April 15`" (Section 780.05). When the net increase or decrease in the cost of the contract is$10,000 or more or the time of completion is increased or decreased by 30 days or more, one of the following statements shall be checked. ❑ The undersigned has determined that the circumstances which necessitate this change were not reasonably foreseeable at the time the contract was signed. El The undersigned has determined that the change is germane to the original contract as signed. 0 The undersigned has determined that this change is in the best interest of the local agency and is authorized by law. Signed Signed Highway Commissioner Municipal Officer Title of Municipal Officer Date Date Approved Recommended Approved County Engineer District Engineer Date Date Note Make out separate form for change in length quantities. Give net quantities only. Submit 3 copies of this form to District Engineer(4 copies for road district). If plans are required attach 3 sets. SLR 6301 (Rev.2/01) Page 2 of 2 1VIAr"�KING SPECIALISTS HIGHWAY MARKING CONTRACTOH CORP. P.O. Box 745 Arlington Heights, Illinois 60005 March 5, 2003 • US Rt. 34 & Game Farm Road - Signals Section 02-00028-00-TL - Kendall County Force Account Bill for Temporary Paint Pavement Markings • Total Hours Insurance Payroll January, 2003 3rd S.T. Rate Amount Amount Carlos Puente TSW III 2 $16.00 $ 32.00 $ 32.00 Carlos Puente TSW III 6 27.50 165.00 165.00 Guadalupe Salinas TSW III 2 16.00 32.00 32.00 Guadalupe Salinas TSW III 6 27.50 165.00 165.00 Alfredo Salazar, Jr. TSW III 2 16.00 32.00 32.00 Alfredo Salazar, Jr. TSW III 6 27.50 165.00 165.00 Subtotal Labor $591.00 $591.00 Teamsters Pension & Welfare Funds 24 Hrs. @ 6.825 163.80 Subtotal Labor $754.80 Plus 35% of $754.80 264.18 Subtotal Labor $1,018.98 Plus W.C./Insurance 10.83% of $591.00 = $ 64.01 Fed Unemployment Tax 7.65% of 591.00 = 45.21 Federal S.S. Tax 0.80% of 591.00 = 4.73 State Unemployment Tax 6.80& of 591.00 = 40.19 Total Payroll Additives 154.14 Plus 10% of $154. 14 15.41 169.55 Total Labor $1,188.53 I hereby certify that the above statement is a copy of that portion of the payroll which applies to the above stated work and that the rates shown for, taxes and insurance are actual costs . Sign - 4 . rking Specialists Corporation I.D.O.T. Certified DBE, Cook County Certified MBE, Metra Certified MBE An Equal Opportunity Employer Marking Specialists Corporation Page 2 Of 2 Equipment Expense Hours Amount Utility Truck25.5GVW 1.5 x 20.05 $30.08 Arrow Board 1.5 x 2.45 3.68 Hao dliner 1.5 x 2.05 3.08 Grinder 1.5 x 4.00 6.00 Total Equipment Expense $42.84 Material Used Paint PM, Wh 1.5 gal @ $6.75 = $10. 13 Glass Beads 7 lbs. @ $0.231 = 1.61 Total Material Expense $11.75 AFFIDAVITT This is to certify that the material entered on this force account bill which was taken from stock is shown at our cost. Marking Specialists Corporation By A,--.00 . �? Total Labor Expense $1,188.53 Total Equipment Expense 42.84 Total 'Material Expense 11.75 Total Expense $1 ,243.12 Bond '0.75% 9,32 Plus 10% of Bond .93 Total Bill $1,253.37 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Englnssring Entsrprlszssz, Inc. August 1, 2003 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.1 — South Elevated Water Storage Tank United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened and tabulated for work to be done on the above referenced project at 10:00 a.m., July 31, 2003. Representatives of the United City of Yorkville, contractors bidding the project, and our firm were in attendance. A tabulation of the bids is attached for your information and record. Consistent with direction from the City Staff, we took alternate bids on a 1.0million gallon (mg) and 1.25 mg elevated water storage tank to be located within The Highlands Subdivision. The budgeted construction amount for the tank is $1,500,000 and was originally based on a 1.0 mg tank. The bid for the 1.0 mg tank is $1,380,000 and the 1.25 mg tank is $1,592,000. During the Southern Service Area Water Works System Study we identified a need to create a new pressure zone and to add an elevated water storage tank to serve proposed development. The zone that would be created, would be the highest within the City's planning area and therefore any storage facilities added could potentially serve a significant area. We also noted in the Study that since the potential service area was so large, that in the future additional storage facilities would be required as development within the area increased. From the location selected within The Highlands, water storage can and will be utilized by the remaining portions of the City. After reviewing the bids with City Staff, we recommend that the 1.25 mg tank be selected (provided additional funds are available) for the following reasons: 1. The cost of the 1.0 mg storage is $1.38/gallon. The incremental cost to increase the tank to 1.25 mg is at $0.85/gallon for 250,000 gallons. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Tony Graff August 1, 2003 Page 2. The cost to add storage in the future will undoubtedly be more expensive, therefore it is more cost-effective to add it now. 3. The 1.25 mg tank provides greater operation flexibility and back-up for the water works system. 4. The investment in the 1.25 mg tank will extend the time before a second tank in the southern area would be required. Determination of the additional storage needed can then be based on more defined land use and optimized accordingly. Based on the above analysis, we recommend the acceptance of the bid and approval of award to be made to the low bidder CB&I, 1505 North Division Street, Plainfield, IL 60544 in the amount of $1,592,000.00. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Project Manager BPS/dmg pc: Mr. Art Prochaska, Jr., Mayor Mr. Joe Besco, Chairman of Public Works Committee Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Tracy Pleckham, Finance Director Mr. Tim Pawlak, CB&I • G:\PUBLIC\Yorkville\2003\Y00307 Contract C.1 South Water Storage Tank\Doc\Icofyo0l.doc BID TABULATION CONTRACT C.1-ELEVATED WATER STORAGE TANK UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS CB&I ENGINEER'S ESTIMATE CONTRACT C.1-ELEVATED WATER STORAGE TANK BID TABULATION 1505 North Division Street UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS RECD 7/31/03 Plainfield,IL 60544 ITEM UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT DIVISION A-SITE WORK 1 EARTH EXCAVATION LUMP SUM 1 $ 10,000.00 $ 10,000.00 $ 7,500.00 $ 7,500.00 2 TRENCH BACKFILL CU.YD. 28 22.00 616.00 20.00 560.00 3 6'X 6'CONCRETE SPLASH PAD FOOT 1 400.00 400.00 500.00 500.00 4 CONNECTION TO EXISTING 16-INCH WATERMAIN EACH 1 300.00 300.00 750.00 750.00 5 WATERMAIN,16-INCH D.I.P.,CLASS 54 FOOT 30 60.00 1,800.00 75.00 2,250.00 6 HYDROSTATIC TESTING-WATERMAIN IMPROVEMENTS LUMP SUM 1 400.00 400.00 750.00 750.00 7 DISINFECTION AND SAMPLING-WATERMAIN IMPROVEMENTS LUMP SUM 1 400.00 400.00 750.00 750.00 8 CONNECTION TO EXISTING CATCH BASIN EACH 1 150.00 150.00 500.00 500.00 9 STORM SEWERS,CLASS A,TYPE 2,REINFORCED CONCRETE PIPE,12" FOOT 50 25.00 1,250.00 45.00 2,250.00 10 CATCH BASINS,TYPE A,4'DIAMETER,TYPE 1 FRAME,OPEN LID EACH 1 2,000.00 2,000.00 2,500.00 2,500.00 11 TEMPORARY AGGREGATE STAGING AREA SQ.YD. 640 13.00 8,320.00 10.00 6,400.00 SUBTOTAL DIVISION A-SITE WORK $ 25,636.00 $ 24,710.00 DIVISION B-ELEVATED WATER STORAGE TANK(1,000,000 GALLON) 12 ELEVATED WATER STORAGE TANK-1,000,000 GALLON SINGLE PEDESTAL LUMP SUM 1 1,024,564.00 1,024,564.00 1,300,000.00 1,300,000.00 SPHEROID INCLUDING DESIGN AND CONSTRUCTION 13 FOUNDATION INCLUDING PIPING AND VALVE VAULT,BUTTERFLY VALVE, LUMP SUM 1 180,000.00 180,000.00 75,000.00 75,000.00 ELECTRICAL CONDUITS,AND APPURTENANCES FOR ITEM 1 INCLUDING DESIGN AND CONSTRUCTION 14 EXTERIOR AND INTERIOR PAINTING LUMP SUM 1 130,000.00 130,000.00 140,000.00 140,000.00 15 BAND AND LETTERING LUMP SUM 1 8,200.00 8,200.00 15,000.00 15,000.00 16 LOGO LUMP SUM 1 9,200.00 9,200.00 5,000.00 5,000.00 17 TESTING AND DISINFECTION FOR FINAL COMPLETION LUMP SUM 1 1,000.00 1,000.00 2,000.00 2,000.00 18 TELECOMMUNICATION CONDUIT AND APPURTENANCES LUMP SUM 1 1,400.00 1,400.00 10,000.00 10,000.00 SUBTOTAL DIVISION B-ELEVATED WATER STORAGE TANK(1,000,000 GALLON) 1,354,364.00 1,547,000.00 BID TABULATION • CONTRACT C.1-ELEVATED WATER STORAGE TANK UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS CB&I ENGINEER'S ESTIMATE CONTRACT C.1-ELEVATED WATER STORAGE TANK BID TABULATION 1505 North Division Street UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS RECD 7/31/03 Plainfield,IL 60544 ITEM UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT (ALTERNATE)DIVISION B-ELEVATED WATER STORAGE TANK(1,250,000 GALLON) 12 ELEVATED WATER STORAGE TANK-1,250,000 GALLON SINGLE PEDESTAL LUMP SUM 1 1,196,164.00 1,196,164.00 1,525,000.00 1,525,000.00 SPHEROID INCLUDING DESIGN AND CONSTRUCTION 13 FOUNDATION INCLUDING PIPING AND VALVE VAULT,BUTTERFLY VALVE, LUMP SUM 1 200,000.00 200,000.00 85,000.00 85,000.00 ELECTRICAL CONDUITS AND APPURTENANCES FOR ITEM 1 INCLUDING DESIGN AND CONSTRUCTION 14 EXTERIOR AND INTERIOR PAINTING LUMP SUM 1 150,000.00 150,000.00 150,000.00 150,000.00 15 BAND AND LETTERING LUMP SUM 1 8,400.00 8,400.00 15,000.00 15,000.00 16 LOGO LUMP SUM 1 9,400.00 9,400.00 5,000.00 5,000.00 17 TESTING AND DISINFECTION FOR FINAL COMPLETION LUMP SUM 1 1,000.00 1,000.00 3,000.00 3,000.00 18 TELECOMMUNICATION CONDUIT AND APPURTENANCES LUMP SUM 1 1,400.00 1,400.00 10,000.00 10,000.00 SUBTOTAL DIVISION B ALTERNATE-ELEVATED WATER STORAGE TANK(1,250,000 GALLON) 1,566,364.00 1,793,000.00 TOTAL DIVISION A AND DIVISION B(1,000,000 GALLON) $ 1,380,000.00 $ 1,571,710.00 TOTAL(ALTERNATE)DIVISION A AND DIVISION B(1,250,000) $ 1,592,000.00 $ 1,817,710.00 BELOW/ABOVE ENGINEER'S ESTIMATE -0.126400446 G1PUBLIC\Yorkville12003\YO0307 Contract C.1 South Water Storage Tank\EngpidtabOl.xlsISheetl f)c�' l41 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/486-9380 www.eeiweb.com Engineering Entsrprl:s:. August 1, 2003 Ino_ Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.4— South BPS PRV Station United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened and tabulated for work to be done on the above referenced project at 10:15 a.m., July 31, 2003. Representatives of the United City of Yorkville, contractors bidding the project, and our firm were in attendance. A tabulation of the bids is attached for your information and record. The low bid was slightly higher than the Engineer's Estimate ($346,311.00), however, it was well below the original budget of $444,650.00. We recommend the acceptance of the bid and approval of award to be made to the low bidder Seagren Construction, 103 North State Street, Hampshire, IL 60140 in the amount of$374,095.00. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Project Manager BPS/dmg pc: Mr. Art Prochaska, Jr., Mayor Mr. Joe Besco, Chairman of Public Works Committee Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Tracy Pleckham, Finance Director Mr. Doug Seagren, Seagren Construction G:\PUBLIC\Yorkville\2003\Y00308 Contract C.4 South BPS PRV Station\Doc\Icofyo0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying • BID TABULATION CONTRACT C.4-SOUTH BPS PRV STATION UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS SEAGREN CONSTRUCTION MECHANICAL,INC. ENGINEER'S ESTIMATE CONTRACT C.4-SOUTH BPS PRV STATION BID TABULATION 103 North State Street 25687 Hillview Court UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS RECD 7/31/03 Hampshire,IL 60140 Mundelein,IL 60060 ITEM UNIT UNIT - UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 TRENCH BACKFILL CU.YD. 24 $ 25.00 $ 600.00 $ 20.00 $ 480.00 $ 30.00 $ 720.00 2 BITUMINOUS CONCRETE BINDER COURSE,SUPERPAVE,IL-19.0L(LOW ESAL),2" SQ.YD. 165 23.00 3,795.00 24.00 3,960.00 4.80 792.00 3 BITUMINOUS CONCRETE SURFACE COURSE,SUPERPAVE,IL-9.5L(LOW ESAL),1.5' SQ.YD. 165 15.00 2,475.00 22.00 3,630.00 3.60 594.00 4 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT,6" SQ.YD. 26 115.00 2,990.00 84.00 2,184.00 40.00 1,040.00 5 AGGREGATE BASE COURSE,TYPE B,4" SQ.YD. _ 26 15.00 390.00 22.00 572.00 10.00 260.00 6 AGGREGATE BASE COURSE,TYPE B,12" SQ.YD. 165 18.00 2,970.00 22.00 3,630.00 20.00 3,300.00 7 CONNECTION TO EXISTING 12-INCH WATERMAIN EACH 2 2,500.00, 5,000.00 1,500.00 3,000.00 1,500.00 3,000.00 8 DUCTILE IRON FITTINGS LUMP SUM 1 6,500.00 -6,500.00 11,500.00 11,500.00 5,000.00 5,000.00 9 WATERMAIN,12-INCH D.I.P.,CLASS 52 FOOT 165 125.00 20,625.00 100.00 16,500.00 60.00 9,900.00 10 WATERMAIN TESTING-PRESSURE AND DISINFECTION LUMP SUM 1 3,500.00 3,500.00 2,500.00 2,500.00 1,000.00 1,000.00 11 CONNECTION TO EXISTING SANITARY SEWER EACH 1 2,000.00 2,000.00 500.00 500.00 1,500.00 1,500.00 12 SANITARY SERVICE,6-INCH PVC SDR 26 FOOT 65 50.00 3,250.00 70.00 4,550.00 80.00 5,200.00 13 FURNISH ENGINEERING FLUID,INC.FACTORY BUILT PACKAGED WATER-SHED LUMP SUM 1 185,000.00 185,000.00 197,000.00 197,000.00 190,000.00 190,000.00 BOOSTER PUMPING STATION WITH ALL NECESSARY PIPING,CONTROLS AND APPURTENANCES 14 INSTALLATION OF BOOSTER PUMPING STATION,INCLUDES CONNECTION TO LUMP SUM 1 15,000.00 15,000.00 33,000.00 33,000.00 21,000.00 21,000.00 WATERMAIN,CONSTRUCTION OF CONCRETE FOOTING AND FOUNDATION WALL AND PLACEMENT OF BACKFILL _ 15 FURNISH AND INSTALL ARCHITECTURAL COMPONENTS,INCLUDES ROOFING LUMP SUM 1 10,000.00 10,000.00 33,000.00 33,000.00 17,500.00 17,500.00 SYSTEM,BRICK EXTERIOR AND APPURTENANCES 16 SITE WORK,INCLUDES ALL EARTH EXCAVATION,TOPSOIL PLACEMENT,SEEDING, LUMP SUM 1 25,000.00 25,000.00 13,000.00 13,000.00 12,000.00 12,000.00 FERTILIZER AND PLACEMENT OF EROSION CONTROL BLANKET 17 ELECTRICAL SERVICE,INCLUDES INSTALLATION OF SERVICE FROM COMED LUMP SUM 1 15,000.00 15,000.00 13,000.00 13,000.00 6,000.00 6,000.00 TRANSFORMER TO THE BOOSTER PUMPING STATION AND CONSTRUCTION OF TRANSFORMER PAD 18 FURNISH AND INSTALL GENERATOR AND CONCRETE PAD,COMPLETE LUMP SUM 1 60,000.00 60,000.00 67,000.00 67,000.00 65,000.00 65,000.00 19 LANDSCAPING LUMP SUM 1 10,000.00 10,000.00 12,994.00 12,994.00 7,500.00 7,500.00 TOTAL FOR BID ITEMS 1-19 $ 374,095.00 $ 422,000.00 $ 351,306.00 %BELOW/ABOVE ENGINEER'S ESTIMATE 6.4869373% 20.1231974% G:\PUBLIC\Yorkville\2003\YO0308 Contract C 4 South BPS PRV Station\Eng\Ibidtabol.XIsISheetl (..'C *111 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/468-9350 FAX: 630/466-9380 www.eeiweb.com Englnesring Entsrpriszss. Inc. August 1, 2003 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Contract C.6 -Water Well No. 7 United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened, and tabulated for work to be done on the above referenced project at 2:00 p.m., July 31, 2003. Representatives of the United City of Yorkville, the contractor that bid the project and our firm were in attendance. A tabulation of the bids is attached for your information and record. We recommend the acceptance of the bid and approval of award to be made to the low bidder,Layne Western, a Division of Layne Christensen Company, in the amount of $685,590.00. The contractor's address is 721 W. Illinois Avenue, Aurora, Illinois 60506-2892. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Project Manager BPS/tpf Enclosure pc: Mr. Art Prochaska, Jr., Mayor Mr. Joe Besco, Chairman of Public Works Committee Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Tracy Pleckham, Finance Director Mr. Tom Healy, P.E., Layne-Western PGW, JWF— EEI G:\PUBLIC\Yorkville\2003\YO0310 Contract C.6 Well No.7\Doc\Icofyo0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying PAGE 1 OF 2 ;:i13.1.TABK441710N:: BASE BID CONTRACT C.6-WATER WELL•NO.7 UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS LAYNE WESTERN,INC ENGINEER'S ESTIMATE CONTRACT C.6-WATER WELL NO.7 BID TABULATION 721 West Illinois Avenue UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS RECD 7/31/2003 Aurora,IL 60506-2892 _ ITEM UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 CONSTRUCT AND MAINTAIN SITE ACCESS ROAD CY 2,100 $ 21.00 $ 44,100.00 $ 17.00 $ 35,700.00 2 METAL PIPE CULVERT,12" LF 30 58.00 1,740.00 25.00 750.00 3 METAL END SECTION,12" EA 2 178.00 356.00 200.00 400.00 4 MOBILIZATION LS 1 128,000.00 128,000.00 75,000.00_ 75;000.00 5 DRILL 29"MIN.DIA.HOLE FOR 24"O.D.CASING(0'TO 189') LF 189 208.00 39,312.00 200.00 37,800.00 6 FURNISH AND INSTALL 24"O.D.STEEL CASING(0'TO 189') LF 189 116.00 21,924.00 100.00 18,900.00 7 DRILL 23"MIN.DIA.HOLE FOR 18"O.D.CASING(189'TO 1346') LF 1,157 170.00 196,690.00 185.00 214,045.00 8 FURNISH AND INSTALL 18"O.D.STEEL CASING(+2'TO 1346') LF 1,348 60.00 80,880.00 60.00 80,880.00 9 FURNISH AND INSTALL CEMENT SHOE: - - • 9a. 24-INCH EA 1 1,800.00 1,800.00 1,500.00 1,500.00 9b. 18-INCH EA 1 1,250.00 1,250.00 1,200.00 1,200.00 10 FURNISH CEMENT GROUT BAGS 1,650 14.00 23,100.00 15.00 24,750.00 11 INSTALL CEMENT GROUT - - • 11a. SURFACE CASING LS 1 4,800.00 4,800.00 5,000.00 5,000.00 1 lb. LONG STRING CASING LS 1 10,000.00, 10,000.00 12,000.00 12,000.00 12 DRILL 17"MIN.DIA.HOLE(1346'TO 1529') LF 183 148.00 27,084.00 143.00 26,169.00 • 13 WELL DEVELOPMENT BY HYDRAULIC JETTING METHOD - - 13a. FURNISH,INSTALL 8 REMOVE EQUIPMENT LS 1 4,200.00 4,200.00 4,000.00 4,000.00 • 13b. PERFORM WELL DEVELOPMENT HR 32 345.00 11,040.00 344.00 11,008.00 14 WELL DEVELOPMENT BY AIR PRESSURIZING - - 14a. FURNISH,INSTALL 8 REMOVE EQUIPMENT LS 1 14,400.00 14,400.00 15,000.00 15,000.00 14b. PERFORM WELL DEVELOPMENT HR 32 392.00 12,544.00 410.00 13,120.00 15 SAND BAILING WITH RIG AND 2 MAN CREW HR 16 270.00 4,320.00 258.00 4,128.00 16 FURNISH,INSTALL AND REMOVE TEST PUMP EQUIPMENT LS 1 31,000.00 31,000.00 30,000.00 30,000.00 17 FURNISH,INSTALL AND REMOVE PIPE FOR PUMPING TEST LF 2,900 3.00 8,700.00 4.00 11,600.00 18 CONDUCT PUMPING TEST HR 30 375.00 11,250.00 350.00 10,500.00 19 CONDUCT TELEVISION SURVEY LS 1 1,800.00 1,800.00, 2,100.00 2,100.00 20 PERFORM WELL DISINFECTION LS 1 2,100.00 2,100.00 2,200.00 2,200.00 21 CONDUCT WATER ANALYSIS EA 1 2,600.00 2,600.00 2,500.00 2,500.00 22 FURNISH AND INSTALL TEMPORARY CAP ON WELL EA 1 600.00 600.00 300.00 300.00 TOTAL FOR BID ITEMS 1-22 $ 685,590.00 $ 640,550.00 ..BIDTABUtAT1Ot MAttDATORY:ALTERNATEBID :': ; ; 19ELL QR1LtiiNG WITH!C1TY WA7gR SUPPLY . CONTRACT C.6-WATER WELL NO.7 • UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS LAYNE WESTERN,INC ENGINEER'S ESTIMATE CONTRACT C.6-WATER WELL NO.7 BID TABULATION 721 West Illinois Avenue UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS BIDS REC'D 7/31/2003 Aurora,IL 60506-2892 ITEM UNIT UNIT NO. DESCRIPTION UNIT QUANTITY PRICE _ AMOUNT PRICE AMOUNT FURNISH,INSTALL AND REMOVE EQUIPMENT TO SUPPLY WATER 38 FROM CITY'S WATER SOURCE AND ELIMINATE THE DRILLING AND ABANDONMENT OF THE TEMPORARY SUPPLY WELL FROM THE BASE BID LS 1 ADD/DEDUCT $ (16,500.00) ADD/DEDUCT $ (10,000.00) TOTAL OF ITEM 38-WELL DRILLING WITH CITY WATER SUPPLY $ (16,500.00) $ (10,000.00) - TOTAL MANDATORY ALTERNATE BID $ 669,090.00 $ 630,550.00 G:IPUBUCWork,IIel20031YO0310 Connct C.6 Well No.TErg'(Bidtab02.,ds]Base B Alt Bid ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL PAGE 2 OF 2 BID TABULATION. 3U0F'LEMEIITAL 8t(](11",O>rQUiRDj .. . CONTRACT C.6 -WATER WELL NO.7 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS LAYNE WESTERN,INC CONTRACT C.6-WATER WELL NO. 7 BID TABULATION 721 West Illinois Avenue UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS BIDS REC'D 7/31/2003 Aurora, IL 60506-2892 ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT WELL DEVELOPMENT:BY AIR LUT SURGING": 23 FURNISH, INSTALL AND REMOVE AIR LIFT SURGING EQUIPMENT LS 1 $ 26,000.00 $ 26,000.00 24 PERFORM WELL DEVELOPMENT BY AIRLIFT SURGING HR 40 488.00 19,520.00 25 PERFORM SAND BAILING WITH RIG&2 MAN CREW HR _ 16 270.00 4,320.00 26 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT — EA 1 27,000.00 27,000.00 27 CONDUCT PUMPING TEST HR _ 30 375.00 11,250.00 TOTAL OF ITEMS 23-27-WELL DEVELOPMENT BY AIR LIFT SURGING — $ 88,090.00 iiiaiRM WELL bEVIrLOPMENT BY SINGLE PIPE At. PUMPINC3 . .. ;; 28 FURNISH, INSTALL AND REMOVE EQUIPMENT LS 1 $ 7,350.00 $ 7,350.00 29 PERFORM WELL DEVELOPMENT HR _ 40 435.00 17,400.00 30 PERFORM SAND BAILING WITH RIG&2 MAN CREW HR 16 270.00 4,320.00 31 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT _ EA 1 27,000.00 27,000.00 32 CONDUCT PUMPING TEST HR 30 375.00 11,250.00 TOTAL OF ITEMS 28-32-WELL DEVELOPMENT BY SINGLE PIPE AIR PUMPING — $ 67,320.00 WELL DEVELOPMENT BY EXPLOSIVES f ... 33 FURNISH, INSTALL AND DETONATE BULK NITRO-GLYCERIN SHOTS LB 600 33.00 19,800.00 34 WELL DEVELOPMENT BY AIR PRESSURIZING 34a. FURNISH, INSTALL& REMOVE EQUIPMENT LS 1 14,400.00 14,400.00 34b. PERFORM WELL DEVELOPMENT HR 40 392.00 15,680.00 35 PERFORM SAND BAILING WITH RIG&2 MAN CREW HR 240 270.00 64,800.00 36 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 27,000.00 27,000.00 37 CONDUCT PUMPING TEST HR 30 375.00 11,250.00 TOTAL OF ITEMS 33-37-WELL DEVELOPMENT BY EXPLOSIVES r • I - $ 152,930.00 G:\PUBLIC\Yorkville\20031Y00310 Contract C.6 Well No.7\Eng\[Bidtab02.xls]Suppl.Bid Sch ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL Page 1 of 1 Subj: (no subject) Date: 7/18/2003 2:07:07 PM Central Standard Time From: WDavis553 To: COYCLERK Liz, The variance for setback of a three-season room for petitioner Brad J. Quincer was recommended for approval on 7/16/03. The ZBA was unanimous with 4 out of 4 members approving the variance. The property location being petitioned was 2147 Kingsmill St.,Yorkville, IL 60560 (parcel#05-09-202-002). The variance was granted under section 10-14-5 section C. subsection d.which states (The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located). I hope this is helpful and let me know if you need anything else. Sincerely, William W. Davis ZBA Co-Chair Tuesday, July 22, 2003 America Online: COYCLERK Page 1 of 2 UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS MEETING WEDNESDAY, JULY 16, 2003 7:00 P.M. Committee Members Present: William Davis Ryan Woods Ben Moe Harold Feltz Guests; Petitioner Brad J. Quincer Resident Doug Fisher Previous Meeting Minutes: None Public Hearings: Petitioner Brad J. Quincer stated that the property he is seeking variance for zoning is a new house under construction at 2147 Kingsmill Street in Yorkville. Mr. Quincer said that currently the set back line is 45.3 deep. He is requesting a variance for 6 feet over the rear set back line to add a 12 ft. x 15 ft. three seasons room to the back of the new home. He said that right now there is nothing behind the home but open space but later a retention pond and eventually town homes built beyond that. Committee member Harold Feltz asked if the open space was a registered plat. Resident Doug Fisher said he could not confirm that but that the open space behind the property is around 100 yards. On the outside of the open space there are a group of trees that will remain there and the future town homes would be built beyond the trees. The committee saw no problems with Mr. Quincer's request for variance for the property. New Business: Committee member William Davis recommended approving the variance under section C of the Standards for Variations and also section D of Authorized Variations. Motions were made by committee members to approve the petitioners request for variance. Roll Call Vote: Harold Feltz—Yes William Davis—Yes Ryan Woods—Yes Ben Moe- Yes The Board of Appeals recommends to the City to approve this petition as filed. Additional Business; Mr. Davis stated that he spoke with Building Official Bill Dettmer about things Mr. Dettmer would like to add to the ZBA Commission, ordinance book. Mr. Dettmer would like to go over these ideas with committee members and hold another meeting at a later date. Page 2 of 2 There was no more additional business. Meeting Adjourned: 7:30 p.m. • Minutes by Theresa Brady 08/01/2003 11 .28 FAX 830 553 5764 DANIEL J. KRAMER a002/005 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2003- ORDINANCE APPROVING VARIANCES FOR REAR-YARD SETBACKS FOR RESIDENCE LOCATED AT 2147 KINGSMILL STREET WHEREAS, Brad J. Quincer filed ZBA Petition 2003-09 requesting a variance for rear- yard setbacks for the construction of a single family residence which is more specifically described in the attached exhibit"A"; and WHEREAS, the Petitioners plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition; and WHEREAS, the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought; and WHEREAS,the Zoning Board of Appeals recommended the approval of said requested rear-yard variances to the City Council; and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considered the public comment presented at the public hearings and have determined that the requested variances are 1 08/01/2003 11 :28 FAX 630 553 5764 DANIEL J. KRAMER 1/1003/005 appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, the following Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit "A": 1. Rear Yard Set Back: 10-6B-4 of the United City of Yorkville Zoning Code is hereby varied to permit the rear yard set back of single family residence to be thirty four feet (34'). The variances granted herein are contingent upon the construction residence pursuant to the design,plan and specifications presented to the Zoning Board of Appeals and the City Council. No other variances from the City Code for design, plan or specifications for said structure shall be permitted. IN WITNESS WHEREOF,this Ordinance has been enacted this day of , 2003 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE JOSEPH BESCO VALERIE 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. 2003. 2 08/01/2003 1 1.28 FAX 830 553 5764 DANIEL J. KRAMER a 004/005 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2003. Attest: CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630.553.9500 3 08/01/2003 11 .28 FAX 830 553 5764 DANIEL J. KRAMER 0005/005 EXHIBIT "A" Legal Description of Property: 4 OPE,,,.ou,, L11200303 ICOr GAG' 06,40E0 10 YORKVILLE POLICE DEPARTMENT CHIEF OF POLICE 804 Game Farm Road Phone (630) 553-4340 Harold O.Martin III Yorkville,Illinois 60560 Fax (630) 553-1141 Date: July 10, 2003 To: Chief Harold 0. Martin III From: S/Sergeant Ron Diederich Reference: Monthly Mileage Report During the month of June 2003, the Yorkville Police Department logged a total of 16,141 miles. Individual miles are: Monthly Current Reassign / Squad Vehicle Squad Usage Miles Miles Replace Date • M-1 2001 Ford Crown Victoria Patrol 1,636 52,,953 1, 2004/2005 M-2 1996 Chevrolet Caprice Admin. 341 12 ,050 2004/2005 • M-3 1998 Ford Crown Victoria Patrol/Support 130 I15,224 2003/2004 M-4 2002 Chevrolet Impala Patrol3,298 24,466 2005/2006 M-5 1998 Ford Crown Victoria Lieutenant 314 107,349 2003/2004 M-6 2003 Chevrolet Impala Chief 811 6,764 2007/2008 M-7 2001 Ford Crown Victoria Patrol 1,457 64,200 2004/2005 M-8 M-9 2000 Ford Crown Victoria Patrol884 56,291 2004/2005 M-10 1991 Ford Thunderbird DARE 654 122,168 :'" 2004/2005 M-11 2003 Ford Crown Victoria Patrol 1,537 21,843 2005/2006 M-12 1999 Ford Expedition Patrol/Support 1,371 36,407 2009/2010 M-13 2001 Ford Crown Victoria K-9 1,300 � � 29,930 2010/2011 M-14 2003 Ford Crown Victoria Patrol 2,408 25,619 2005/2006 Yorkville Police Department Manhour Report - June 2003 PATROL.: APR 02 MAY 02 JUN 02 ' JUL 02 AUG 02 SCP 02 OCT 02] NOV 02 1 DEC 02 JAN J FEB MAR' :APR ( MiAY JU.N2003 TOTALS Accidents 18,37', 19.08', 17.70 20.78 20.48 21.50 21.37 26.05 13.80 16.00 16.75 21.75 9.75 18.02 21.92 104.19 :\dnrinishatiie.\ctivit1 387.72 590.78 492.92 411.40 417.52 436.83 650.83 502.75 326.80 432.67 316.42 354.65 293.67 271.07 346.08 2,014.56 r%initial Complaints 4.22 4.33 4(18 2.00 6.50 3.92 3.17 3.25 2.33 2.50 4.75 3.92 2.08 9.83 5.42 28.50 Anes)Activity 16.17 23.83. 33.25 29.00 22.33 26.92 15.42 20.98 21.67 21.82 24.63 26.58 35.33 20.33 37.75 166.44 \s5ist Agencies 102.88 87.55 109.58 108.42 147.12 128.47 110.03 109.68 98.48 115.82 125.00 106.42 109.42 132.60 126.06 715_32 Com m nlity Relations 69.57. 52.53 19.42 21.87 72.83 42.33 41.28 42.75 42.58 27.50 25.42 37.58 30.87 64.50 46.67 232.54 Departmental Duties 92.77 92.15 107.17 110.92 84.50 64.75 74.75 74.58 89.43 87.58 97.08 72.08 87.00 77.83 80.73 502.30 Investigations 55.42 48.83 117.08 107.33 96.00 90.77 143.33 106.75 142.92 116.87 89.42 100.50 45.08 99.25 112.08 563.20 Ordinance/Tia111c Violations 82 23 65.12 70.98 84.58 85.12 75.58 66.98 71.07 83.78 63.10 86.82 63.33 84.00 69.15 5822 424.62 Personnel Activity 455.75 516.58 500.63 649.88 501.57 409.75 618.25 649.75 698.58 466.35 344.30 434.97 516.75 427.25 527.93 2,717.55 Preventive Patrol 541.17 596.40 547.43 590.78 702.35 626.62 541.97 550.83 585.83 520.33 558.52 622.80 688.13 718.98 626.83 3,735.59 Public Complaints 60.27 56.78 66.30 63.63 70.87 57.35 45.28 45.03 44.17 36.13 40.33 51.95 63.67 64.33 62.77 319.18 Public Services 32.28 55.57 36.08 28.57 34.12 35.30 39.20 20.58 34.38 35.67 31.33 36.75 28.75 33.08 28.67 194.25 Repoli Activit} 84.65 139.95 172.13 128.07 16833 148.50 174.83 139.78 129.33 177.33 114.73 143.75 172.90 119.58 131.50 859.79 School Activity 71 00 57.42 0.00 000 58.58 159.58 218.08 147.08 174.75 230.08 192.83 252.75 166.33 213.00 61.75 1,116.74 'Finnic Activit}' 23110 224.27 130.37 213.93 229.38 251.70 226.50 301.58 328.58 309.17 287.98 257.50 241.33 252.75 212.75 1,561.48 Training 13183' 489.58 110.75 84.00 34.33 261.75 274.92 160.20 19.17 127.83 102.33 128.08 290.42 333.08 16400 1,145.74 ADAl1NIST'RA]I'VE APR 02 I I IAY 02 1''JUN 0�1 JUL OZIAUG 02 1 SCP 02 1OCT 02,I,NOY.02 1 D1✓C 02 JAN 1 FCI3 I MAR ] ::APR 1 MAY. JUN 2003]OTALS Chief 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,039.98 CPA oIli rer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,039.98 Crossing Guards(In Days) 16.00 23.00 0.00 0.00 9.00 38.25 47.00 36.00 32.00 38.00 33.50 34.00 32.00 40.50 8.00 186.00 Lieutenant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,039.98 0111ce Supervisor 173.33 173.33] 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1,039.98 Records Clerks 296.33 300.83' 270.33 288.33 302.33; 283.33 296.33 270.33 263.33 278.83 276.08 302.83 297.83 290.58 277.08 1,723.23 201,',LS 3443.061:-4137, 11•:',•.349 .53L.030.:321 3756.591 :3856.53'] 4302:851 3972.35[ ;3825.24 ::3796.4X1 340];541. 3745 51.[ .3888,631 3949,,031 3629.53, 22471.15 Yorkville Police Department Offense Report - June 2003 Offense Categories MAY 021 JUN 02 .IUL 02 I AUG.021 Sial'021 OCT O I NOV 021 fEC 02 :JAN 'I FEB.i SCAR APR 1 01.AY 1' JUN 03 TOTALS Arson 0 0 0 0 0 00 0 0 0 0 0 0 0 0 Assault 2 1..,: 2 0 1 1 0 0 0 0 1 (3 3 Battery S_ 4,, 7 7 • 7 9...: 6 6 8 4 3 9 7 8 39 Burglary 5 4 2 20 7 18 9 18 7 2 E 1 42 6 22 Cannabis Offenses 3 1 1 2 2,. 1 0 1 1., 2 �.:.. 10 Controlled Substance Offenses 2 0,,, 0 0 1 0 EE 0 1 0 ._ 0.:, 0 0 0 0:: 0 Crimes Involving Children 4 1 1 3 1 3 3 4 2 7 0 4 1 0 ,. 14 Criminal Damage 6 _. 8 8 15 15 46:, El 11 23 9 3,,.. 10 10 15 13 C0 Deceptive Practices 4 1 1 1 3 -:. EE 4 2 9 7 2 0 2 22 Drug Paraphernalia Offenses 2 5 2 1 1 2 3 1 1 1... 1 1 2 0 6 Firearms Offenses 0 0 1 0 0 0 0 0 0 0 0. 0 0 0 0 Oambling Offenses 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Kidnapping 0 1 1 1 1 0 • 3 0 0 ... 0 0 0 2 0 2 *,Ui ti Cu:1:\r1 rat ... t 'l :' it .. . 0.;: '• t.... .::. . ' • ,1 ii... lta �t to 1h4.iylxtzvw 1.,: 3:. .. 1..;:..::; . 1:...:: ©. E:;;;;.. U tl .....: N q Liquor Offenses 8 0 1 0 0 1 2 0 0 1 0 1 0 6 8 Murder 0,,, (1 0 0 0 0.... 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 E 0 0 0 0_. 0 0 0 0 0 Sex Offenses 0 1 0 0 0 0 0 1 0 0 E 0 0 0 0 0 Theft 8 3 6 11 E 7 9 13 10 6 4 10 4 8 8 40 All Other Criminal Offenses 14 14 6 16 • 18 14 16 17 13 18 • 20 15 E 21 0 87 Traffic incidents :> ^ MAY 1 JUN JUL 1 AUG SEP 1 OCT 1 NOV DBC TAN 1 FEB MAR J APR 1 :: IAY,1 JUN: 03 TOTALS; Driving Under The Influence 10 4 12 8 4 3 E. 9 6 8 7 10 4 0 8 37 license/Registration Violations 27 22 27 27 • 38 4836 18 33 41 44 45 44 36 243 Seatbelt Citations 15 10 15 7 26 6.:. 15 1 9 18 9 2 19 10 67 Seatbelt Warnings 20 7 8 8 10 4 0 9 8 8 0 11 EE 15 13 55 Speeding Citations 47 52 52 39 E 71 44 21 16 31 39 39 32 25 38204 Speeding Warnings 42 51 41 56 57 51 EE 36 19 44 6 4._ 45 35 0 .::. 0.:, 183 Transportation of Alcohol 7 0,: 3 2 2 3 E. 3 2 0 1 2 0 EE 0 2 5 Uninsured Motor Vehicle 33 21 46 54 59 47 27 20 36 39 32 44 44 34 229 Total Citations Issued 189 'I 1377 202 .174 263 I'. 217 136 79 84 175' 164 .151 171 163 : .`904 Total Verbal Warnings Issued 38 44 40 44 37 71 34 37 35 32 3:3 :::14:,.:::.::.•]",:,•'.',::•:,,26:::•:, 37 ' 200 Total Written Warnings Issued 195 280' 217 289 .'..•352.•:::H•.:::::297;1 234 •167 297 451 2735 282 :I 371 22I 1907 Accident Reports• Liken JU1� AUG SEP OCT iNOV DEC.:: JAN IFEB ] MAR. APR 1MAY JJUN. 03 TOTALS 1 1 . r iIJU1VI Hit and Run Accident 0 0 2 0 2 2 1 3 4 2 E 3 1 EE 3 0 13 Property Damage Accident 15 18 29 23 26 21 El 24 23 17 20 23 14 19 25 118 Personal Injury Accident 2 3 1 3 1 3 4 5 3 1 3 0 2 7 16 Total.Accidents Taken 17 21'. 32 26 29 26 29 3124 23 '! 29 715 24 32 147 Yorkville Police Department - Overtime Manhour Utilization Report - July 12, 2003 Date Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time 05/17/03 5 9.5 1.5 6 0 0 5.5 9 36.5 102 05/31/03 8 9 6 43.5 1.5 0 25.5 3 96.5 85.5 06/14/03 6 0 6 11 29 0 14 6 72 64 06/28/03 8.5 0 0.75 0 2 0 12.5 0 23.75 84.5 07/12/03 6 0 0 8 0.75 0 8 0 22.75 173.5 07/26/03 0 08/09/03 0 08/23/03 0 09/06/03 0 09/20/03 0 10/04/03 0 10/18/03 0 11/01/03 ! 0 11/15/03 0 11/29/03 0 12/13/03 0 12/27/03 0 01/10/04 0 01/24/04 0 02/07/04 0 02/21/04 0 03/06/04 0 03/20/04 0 04/03/04 0 04/17/04 0 05/01/04 0 FY03-04 Court Training_ Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Totals 33.50 18.50 _ 14.25; 68.50 33.25 0.00 65:50 18.00 251.50 251.50 Percents 13% 7% 6% 27% 13% 0% 26% 7% < 100% N/A Average 6.70 3.70 2.85 13.70 6.65 0.00 13.10 3.60 9.67 9.67 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03. Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Total Hours 100.25 154.75 557.5 232.75. 113 16 488;75 130.5 179.3.5 1824 Percents 6% ' 9% 31% 130/0 6% 1% 270/0 7% 100.0/0 N/A Averages 3.86 5.95 21.44! 8.95 4.35 0.62 18.80 5.02 94.25 . 70.15 Prepared by Shamim Hopkins 7/21/2003 Page 1 Yorkville Police Department 804 Game Farm Road Yorkville, Illinois 60560 630-553-4340 Date: July 15, 2003 To: Chief Harold O. Martin III From: S/Sgt. Ron Diederich Reference: Speed Trailer Chief The following are the dates and times and locations the Alpha Speed Trailer was deployed. Also this month the trailer assisted three agencies, the Oswego Police Department for Prairie Fest, the Kendall County Sheriff's Department in Newark and the Yorkville High School for graduation. June 3 through June 7 Northbound Game Farm Road at Beecher Center June 8 YHS Graduation (sign mode) June 9 through June 12 Eastbound Fox Road at S. Main St. June 13 through June 15 Northbound Rt. 71 at Franklin St., Oswego June 16 through June 19 Eastbound Spring St. at Liberty St. June 20 through June 23 Northbound Rt. 71 at Union St. June 24 through June 27 Eastbound John St. at Chestnut St. (citizen request) The trailer was deployed a total of 493.5 hours for June. Respectfully, S/Sgt. Ron Diederich ff KOPY KAT COPIER, INC. '' 1550 NORTH FARNSWORTH AVENUE, AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 All equipment will be fully networked. Maintenance contract will include all parts, labor, travel time, mileage plus toner and developer. Kopy Kat Copier Inc. will bill United City of Yorkville for only the copies you use. You will be given one invoice with a breakdown of each location and volume. This contract will be billed at $.010 per copy. Kopy Kat Copier will guarantee this cost for 3 years. At that time we will raise the cost 5% for the next years. The cost per copy for color copies is $.08 per copy. Traci, If I can answer any further questions please feel free to call me at 630-851-9822 or my cell phone at 630-461-2373. Kopy Kat Copier has been a long standing vendor for Yorkville. We hope to continue that relationship. Sincerely, /Joan Boldan Kopy Kat Copier GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR • -r KOPY KAT COPIER, INC. -1/4 ' 1550 NORTH FARNSWORTH AVENUE,AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX; (630)552-0325 COST PER IMAGE ANALYSIS Current Volume: 67,147 Billed at Various Amounts: $2,328.50 Proposed Volume: 65,147 B &W Copies billed at$.010 . S 651.46 Color Copies billed at $.08/copy 69.36 TOTAL: $ 720.83 Lease Options: 60 Months(FMV)Lease* $ 1,586.00 36 Months(FMV)Lease* $ 2,236.00 *with a non Appropriation Form signed Currently you are paying for service alone: 5 2,328.50 Proposed cost including new equipment: $2,306.83 GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR f / KOPY KAT COPIER, INC. 1550 NORTH FARNSWORTH AVENUE, AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Traci Pleckham, Finance Director 06/17/03 Dear Traci, As per our conversation, Kopy Kat Copier Inc. agrees and guarantees the following: 1. KKC, Inc. will guarantee a response time of 4 hours for service calls. 2. Cost per copy billing-includes all service calls,plus toner and developer as needed. Excludes paper and staples. This cost is guaranteed for 3 years. At that time an increase of 5% for the next 2 years. 3. KKC, Inc. will allow the United City of Yorkville to upgrade or downgrade equipment during the term of the lease. Sincerely, 1 g, John Kaufman Joan Boldan Owner/President Sales Representative GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR KOPY KAT COPIER, INC. ' 1550 NORTH FARNSWORTH AVENUE, AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 06/17/03 References as requested: Company: Contact: Phone Number: St. Anne's Church Jan 630-554-3331 Kane County CCS Chris 630-879-2277 City of Aurora Gary 630-844-3618 Smith Engineering Amy 630-553-7560 Zieter & Dickson Joe 630-553-5776 Countryside Vet. Dr. Schlapp 630-553-7436 Yorkville Natl. Bank Duane Christian 630-553-4230 Traci, I hope that this will help in your decision to continue your Partnership with K.K.C, Inc. If you have any further questions, please feel free to call me at any time. incerely/ 4111i;i' L 0/ oan Bola an GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR KOPY KAT COPIER, INC. ' 1550 NORTH FARNSWORTH AVENUE,AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630)552-0325 1. Main Office Gestetner 7502 Including: ADF Unlimited Duplex Print/Scan Finisher w/Stapler, 3 Hole Punch 4 Position Punch Retail Price: $40,195.00 Government Price: $20,381.00 Color Applications as follows: 2. MAIN OFFICE CANON C3200 DIGITAL COLOR SYSTEM INCLUDES: 32 COPIER PER MIN. FULL COLOR AUTO. DOCUMENT FEEDER DUAL 550-SHEET DRAWERS SADDLE-STITCH FINISHER W/ FOLDER EXTERNAL PRINT CONTROLLER FOR OPTIMUM COLOR PRINTING RETAIL PRICE: $ 23,171.00 GOVERNMENT $ 15,397.00 GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR 1 ' KOPY KAT COPIER, INC. 1550 NORTH FARNSWORTH AVENUE, AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 1. Main Office-Lower Level Gestetner 5502 Digital System Including: 55 cpm Unlimited Duplex Networked Finisher with Stapler, 3 Hole Punch 4 Position Punch Retail Price: $25,219.00 Government Price: $12,866.00 GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR • KOPY KAT COPIER, INC. s ' 1550 NORTH FARNSWORTH AVENUE,AURORA,ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 1. Police Department Gestetner 5502 Digital System Including: 55 cpm ADF Unlimited Duplex Networked Finisher with Stapler, 3 Hole Punch Retail Price: $25,219.00 Government Price: $12,866.00 2. Police Department Gestetner 3502 Digital System Including: 35 cpm ADF Unlimted Duplex Networked Finisher with Stapler Retail Price: $17,403.00 Government Price: $8,892.00 GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR KOPY KAT COPIER, INC. ' 1550 NORTH FARNSWORTH AVENUE, AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 LIBRARY EQUIPMENT GESTETNER 2712 DIGITAL COPIER INCLUDES: 27 COPIES PER MIN AUTO DOC. FEEDER RED/ENLARGMENT BOOK COPYING DELUXE CABINET 20 MB MEMORY RETAIL PRICE: $ 7,655.00 GOVERNMENT: $ 3,907.00 GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR • s' KOPY KAT COPIER, INC. ' 1550 NORTH FARNSWORTH AVENUE,AURORA, ILLINOIS 60505 • (630) 851-9822 • FAX: (630) 851-9855 12 EAST MAIN STREET, PLANO, ILLINOIS 60545 • (630) 552-0320 • FAX: (630) 552-0325 1. Beecher Location Gestetner 3502 Digital System Including: 35cpm ADF Unlimited Duplex Networked Finisher with Stapler Retail Price: $17,403.00 Government Price: $8,892.00 GESTETNER • RICOH • SAVIN • MURATEC • CANON • SHARP SALES • SERVICE • SUPPLIES • DIGITAL • COPIER • FACSIMILE • DUPLICATOR Elw Lea ing ation UNPIN GreatAmerica Lease Agreement LESSOR:PO Box 609,C d r RapidsSIA 52406-0609 �� LEASING CORPORATION 625 First Street SE,Cedar Rapids,IA 52401 Lease No. L SSEE(hereinafter erred to as"You"or"Your') I i 4.SI., ,I.,6 fr Aprss G'0 (0 - Sta ll/ Zip .CJS-County ..C-d..�C_C� VENDOR(Vendor is not GreatAmerica's Agent nor is vend"authorized to waive or Iter any terms of this Lease) EQUIPMENT LOCA ON_ff other than above) TERMS AND CONDITIONS• PLEASE READ CAREFULLY BEFORE SIGNING I DESCRIPTION OFE IPMENT LEASED-U See attached schedule for additional equipment Quantity Type Make,Model Number ap induded acc nes Serial# d ‘ 161-1t--eO PS 0-0 &(/ MONTHLY RENTALPAYMENTS OF$ /521�j, t. SECURITY DEPOSIT $ / PURCHASE OPTION: (CHECK ONE) ]FAIR MARKET VALUE D $1.00 or D OTHER( %of equipment cost) LEASE AGREEMENT AND FEES: You (the Lessee Us at the end of the lease term (or any renewal term); 2) You breach any other term of this Lease or any other specified above)want to acquire the above Equipment from timely pay the purchase option;or 3)deliver to Us written agreement with Us, then You will be in default of this Vendor. You want Us,GreatAmerica Leasing Corporation, notice at least sixty(60)days prior to the expiration of the Lease. If You default,We may require that You pay 1)all to buy the Equipment and then lease it to You.This Lease term or renewal term, then this Lease will automatically past due amounts under this Lease, and 2) all future Agreement (this Lease) will begin on the date the renew on the same terms on a monthly basis. "Average amounts owed for the unexpired term, discounted at the Equipment is delivered to You (or any later date We Saleable Condition" means the Equipment is immediately rate of 6% per annum. Upon a default, We may also designate).We may charge You a reasonable fee to cover available for use by another lessee without the need of any choose to repossess the Equipment.If We do not choose to documentation and investigation costs.This Lease is NON- repair. You also agree to reimburse Us for repair costs. If repossess the Equipment, You will also pay to Us our CANCELLABLE FOR THE ENTIRE LEASE TERM. YOU You are granted a purchase option,and provided You have booked residual value for the Equipment. We can also use UNDERSTAND THAT WE ARE BUYING THE not defaulted under this Lease, You may purchase the any and all remedies available to Us under the UCC or any EQUIPMENT BASED ON YOUR UNCONDITIONAL Equipment from Us"WHERE IS, AS IS"for the option other law. You agree to pay all the costs and expenses, ACCEPTANCE OF THE EQUIPMENT AND YOUR price at the end of the lease term.At the termination of this including attomey's fees,We incur in any dispute related to PROMISE TO PAY US UNDER THE TERMS OF THIS Lease, if You have not defaulted,your security deposit will this Lease or the Equipment.You also agree to pay interest LEASE, WITHOUT SET-OFFS, EVEN IF THE be refunded to You without interest.Your security deposit on all past due amounts,from the due date until paid, at EQUIPMENT DOES NOT WORK PROPERLY OR IS may be commingled with our other assets. You may not the lower of one and one-half percent(1.5%)per month or DAMAGED FOR ANY REASON,INCLUDING REASONS payoff this Lease in full and return the Equipment prior to the highest lawful rate. THAT ARE NOT YOUR FAULT.If any amount payable to the end of the lease term without our consent and We may ASSIGNMENT: You have no right to sell, transfer, Us is not paid when due, You will pay Us a"late charge" charge You,in addition to the other amounts owed under assign or sublease the Equipment or this Lease. We may equal to: 1)the greater of ten (10)cents for each dollar this Lease,an early termination fee equal to five percent sell, assign or transfer this Lease or our rights in the overdue or twenty-six ($26.00) dollars; or 2) the highest (5%)of the total amount We paid for the Equipment. Equipment.You agree that if We sell,assign or transfer this lawful charge,whichever is less. OWNERSHIP, TITLE AND UCC's: Except for any Lease,the new owner will have our rights,but it will not be NO WARRANTY: We are leasing the Equipment to You software covered by this Lease the"Software",We are the subject to any claim, defense or set-off that You assert AS IS.We do not manufacture the Equipment and are not owner of the Equipment and have title to it. You appoint against Us or any other party. related to the Vendor.You selected the Equipment and the Us as attorney-in-fact to execute and file on your behalf, WAIVER OF ARTICLE 2A RIGHTS: You agree that Vendor,based on your own judgment.You may contact the and at your cost,Uniform Commercial Code(UCC)financing this Lease is a "finance lease"as that term is defined in Vendor for a statement of the warranties, if any,that the statement(s)to show our interest in the Equipment. Article 2A of the UCC.You hereby agree to waive any and Vendor or manufacturer is providing.We hereby assign to SOFTWARE:We do not have title to the Software. We all rights and remedies granted to You by Sections 2A-508 You the warranties given to Us, if any. WE MAKE NO are not responsible for the Software or the obligations through 2A-522 of the UCC,including the right to reject or WARRANTIES, EXPRESS OR IMPLIED, INCLUDING owed by either You or the licensor under any License revoke acceptance of the Equipment. WARRANTIES OF MERCHANTABILITY OR FITNESS Agreement for the Software. If You properly exercise the MISCELLANEOUS: You agree that this Lease is the FOR A PARTICULAR PURPOSE, IN CONNECTION purchase option,if any,for the Equipment,You understand entire agreement between You and Us regarding the lease WITH THIS LEASE. You agree to settle any dispute You that We do not own the Software and cannot transfer it to of the Equipment and supersedes any purchase order You may have regarding performance of the Equipment directly You. Except as provided in this paragraph,all references to issue. Any change must be in writing and signed by each with the manufacturer or Vendor. "Equipment"in this Lease includes the Software. party. We may accept a facsimile copy of this Lease as an EQUIPMENT USE AND REPAI$: You agree the LOSS AND INSURANCE:You will keep the Equipment original. ANY CLAIM RELATED TO THIS LEASE WILL Equipment will be used for business purposes only.You are fully insured against loss and will obtain a general public BE GOVERNED BY IOWA LAW AND WILL BE responsible for keeping the Equipment in good working liability insurance policy covering the Equipment and its ADJUDICATED IN A STATE OR FEDERAL COURT order. Except for normal wear and tear, You are use. You will name Us as loss payee and an additional LOCATED IN CEDAR RAPIDS, IOWA. YOU HEREBY responsible for any damage or losses to the Equipment.We insured and provide Us with evidence of insurance.If You CONSENT TO PERSONAL JURISDICTION AND VENUE are not responsible for,and You will indemnify Us against, do not, We may obtain insurance for You and add an IN SUCH COURT AND WAIVE ANY RIGHT TO any claims, losses or damages, including attorney's fees, insurance fee to the payment amounts due from You. TRANSFER VENUE. EACH PARTY WAIVES ANY related to your use or possession of the Equipment.IN NO TAXES: You agree that You will pay when due all taxes RIGHT TO A TRIAL BY JURY. EVENT SHALL WE BE RESPONSIBLE FOR ANY relating to this Lease and the Equipment. If this Lease CONSEQUENTIAL OR INDIRECT DAMAGES. includes a$1 purchase option,You agree to file any END OF TERM:If You fail to 1)return the Equipment to required personal property tax returns. Us in Average Saleable Condition,to a location specified by DEFAULT: If You do not pay any sum by its due date,or THIS LEASE IS NOT BINDING ON US UNTIL WE SIGN BELOW. THIS LEASE IS NONCANCELLABLE FOR THE FULL LEASE TERM. LESSOR:GreatAmerica Leasing Corporation LESSEE:(As Stated Above) By: Date Accepted: X Date: (Signature) (Signature) Print Name&Title: Print Name&Title: UNCONDITIONAL GUARANTY The undersigned unconditionally guarantees that the Lessee will timely perform all obligations under this Lease. The undersigned also waives any notification if the Lessee is in default and consents to any extensions or modifications granted to the Lessee. In the event of default,the undersigned will immediately pay all sums due under the terms of this Lease without requiring Lessor to proceed against Lessee,any other party or the Equipment. The undersigned consents to personal jurisdiction,venue,choice of law and jury trial waiver as stated in the"Miscellaneous"paragraph above and agrees to pay all costs and expenses,including attorney's fees,incurred by Lessor related to this guaranty. X Individually X Individually GALCIPLPO(0802) KOPY KAT COPIER, INC. INVOICE # RETAIL PURCHASE AGREEMENT 1550 N. Farnsworth Avenue 12 E. Main St. Aurora, Illinois 60505 Plano, Illinois 60545 (630) 851-9822 (630) 552-0320 (630) 851-9855 FAX FAX: (630) 552-0325 Date: Installation Date: BILL TO: SHIP TO: NAME NAME ADDRESS ADDRESS PHONE PHONE ATTN: ATTN: HRS FRT. ELEV. YES NO STAIRS YES NO METER T r QUANTITY SERIAL NUMBER ID# DESCRIPTION PRICE l LESS: DISCOUNT/TRADE IN SUB-TOTAL TAX INSTALLATION/SET-UP FEE SERVICE CONTRACT FINAL PRICE SPECIAL CONSIDERATIONS: LEASE PRICES: 1 yr. 2 yr. 3 yr. 4 yr. 5 yr. Buyout MANUFACTURERS WARRANTY 30 DAY 60DAY 90 DAY OTHER I authorize the above purchase or lease of the described equipment and/or supplies,and agree to accept terms of agreement. Cancellation of this agreement will result in a 20%restocking fee.I have read and understand all information on this agreement. Authorized Purchaser Date Kopy Kat Salesperson Date Leasing Services 06/10/2003 8 : 26 PAGE 1/1 Leasing Services GreatAmerica` AgimitihsING CORPORATION HARD WORK * INTEQRITY * EXCELLENCE LESSOR: GreatAmerica Leasing Corporation P.O. Box 609 Cedar Rapids, Iowa 52406-0609 NON-APPROPRIATION OF FUNDS ADDENDUM This Addendum will become part of that certain Lease Agreement # dated as of ("Agreement") between Lessor and ("Lessee"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. You hereby represent and warrant to Us that as of the date of the Agreement, and throughout the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of the Agreement full power and authority to execute the Agreement; and that all required procedures necessary to make the Agreement a legal and binding obligation of the Lessee have been followed; (b) the Equipment is essential to the immediate performance of a governmental or proprietary function by You within the scope of Your authority and shall be used during the Agreement Term only by You and only to perform such function; (c) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted and unencumbered appropriation. In the event You are not granted funds in future fiscal years for the Equipment subject to the Agreement or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to You to pay the Rent and other payments due under the Agreement, and there is no other legal procedure or available funds by or with which payments can be made to Us, and the appropriation did not result from an act or omission by You, You shall have the right to return the Equipment in accordance wth the section in the Agreement titled, Location, Inspection and Return of Equipment and terminate the Agreement on the last day of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and (c) You have exhausted all funds legally available for payment of Rent. If you terminate the Lease because of non-appropriation of funds, You may not purchase, lease or rent, during such fiscal period, equipment performing functions similar to those performed by the Equipment for a period of twelve (12) months. LESSOR: LESSEE: GREATAMERICA LEASING CORPORATION By: By: Printed Name: Printed Name: Title: Title: Date: Date: Jun . 10. 2003 9 : 14AM No. 1961 P . 3 1 rGreatAmeriCa` GreatAmerica Leasing Corporation miimott•siNo toAoOMAt1oM Telephone 800-234-8787 mei,won • INTEGRITY • DtcslsE>'ictt Credit Application Fax 888-850-0067 VENDOR To improve response time.may we corartLessee Directly? Yes fl No ❑ Name fax 4 Phone f E-Mail City,State Address Vendor Contact Vendor Number . .... Company Name Phone u Address City State Zip E-Mail Contact Name Address ❑Partnership ❑Corporation: Date Incorporated ,State ❑Proprietorship No.of Employees Business Nature Year Established PERSONAL DATA on MajoStock' r holders,Panthers or Prgpnetor _ . _ -' . ....-....... ...— PERSONA! INFORMATION 15 REQUIRED FOR AU.CORPORATIONS IN RuSINtsS LESS'MAN TWO YEARS,HAVING FEWER TUN rO EMYLOYt ES ANO ALL PARTNERSHIPS OR PROPRIFTORSNIHS. Name Tide Home Address Social Security 4 1. 2. RANK FEi�ENCES{Two-year History) Name City/State Phone 4 Contact Account 9 1. 2. LEASE/LOAN REFERENCES ..':..:: Name r•-- City/State Phone# Contact Account#-1 1. 2. EQUIPMENT To Be tHased _... __. ....... Quantity Descnption Model# New or Used N LEASE TERMS _ _ ...._. _ ...... Term of Lease(In Months) Eouioment Cost S Rate Factor Installation Payment Amount $ Other I Lease Plan Taxes Security Deposit S Total Cost 4 ... ... . I hereby authorize GreatAmerica or any credit bureau or Other investigative agency employed by GreatAmeriw to investigate the references herein listed or statements or other data obtained Froin Inc or from any other person pertaining to my business and/or personal credit and FInanciat responsibility. Date Signature/Title DISCLOSURE OF RIGHT TO REQUEST SPECIFIC REASONS FOR CREDIT DENIAL GIVEN AT TIME OF APPLICATION If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact GreatAmerlca Leasing Corporation, 625 l St SE, Cedar Rapids, Iowa 52401 (319-365-8000) within 60 days from the date you are notified of our decision. We will send you.a written statement of reasons for the denial within 30 days of receiving your request for the statement. GALC(0102) I MAINTENANCE AGREEMENT Kopy Kat Copier Inc. Invoice# 1550 N. Farnsworth,Aurora, IL 60505 (630)851-9822 This Agreement constitutes the entire Agreement between the parties with respect to the furnishing of maintenance service, superseding all previous proposals, oral or written. No representation or statement not contained herein shall be binding upon KKC's as a warranty or otherwise, nor shall this agreement be modified as amended unless in writing and signed by KKC's service manager.Any suit between the parties relating to this Agreement, other than for payment of the maintenance fees due thereunder, shall be commenced, if at all, within one (1) year of the/date that it accrues. 44.1,e-a i- - , Custo,9e�r�Name: / / 4, Ad.ess: 6 /�C ;� j 615.&10 . ( jp. j 3-, z3- Ie: ID#: 3,omer Signature: (Z Date: MAKE/MODEL SERIAL# AMOUNT CHARGED TERM #OF COPIES OVERAGE CHARGE Ail- .75 . (9/0 id: j--,56,, , 0/0 /O. 6-752) , b l o .0. 3,6.E . 0 / 0 1 ,4. gSo . oj0 n- , 121 , 010 c 3 o o ogo _ )9./L/ 11 /1 % (2f it/t,([1C, .1.• y ��D „e"..(---7,i,e , ,,L.,y( i _. . . ( ) ,PA,,e.iril 7,(i 6-1 D e/ii,d4?67 )1),--4:1 -/41- 6. - BEGINNING METER#: EFFECTIVE DATE: A 714 KOPY KAT COPIER REPRESENTATIVE: 7--Th ,/--?1)1---- --------- ' MAINTENANCE AGREEMENT Kopy Kat Copier Inc. Kopy Kat Copier (hereinafter referred to as KKC), by its acceptance hereof, agrees to furnish to the named customer, who agrees to accept, maintenance service as described on the equipment listed on the reverse side of this agreement. 1. This Agreement shall cover a one-year period beginning on the effective date listed and will be automatically renewed for successive one-year periods at the then current maintenance charge for the Equipment covered until terminated by either party as provided herein. 2. The minimum annual maintenance charge provided for in this agreement shall be due and payable upon receipt of an invoice therefor. There shall be added to the charges due thereunder an amount equal to any taxes, however designated, levied on such charges or on the services rendered, supplies, or parts supplied pursuant hereto. 3. Any transfer of equipment covered by this agreement to a customer other than listed or a location outside of KKC's normal service area, automatically excludes such equipment from the terms of this agreement.Transfer of equipment to a different zone within KKC's normal service area will result in an adjustment of charges to the applicable rate to the new zone. 4. All routine preventative maintenance and emergency service necessary to keep the Equipment in efficient operating order will be performed by KKC during its regular business hours (8:30 a.m.to 5:00 p.m., Monday through Friday, except holidays) at no cost to customer, provided that the equipment is in good working order on the date of commencement of this agreement; and provided, further that such services shall not include the following: (A)Repairs resulting from causes other than normal use; Customer's willful act; negligence or misuse (including, without limitation, damage to copier drums and use of supplies or spare parts which do not meet the manufacturers specifications and which cause abnormally frequent service calls or service problems); non-rebuildable or damaged units: ie. fuser assemblies/units, developer assemblies/units, drum assemblies/units, etc. may require additional cost. (B)Repairs made necessary by service performed by personnel other than those of KKC. (C)Work which customer requests to be performed outside regular business hours. (D)Shop reconditioning or modification to the equipment except those specified by KKC's service department to assure greater performance of the equipment. All of the foregoing shall be invoiced in accordance with KKC's established per call rates and terms then in effect. When, in KKC's opinion, Equipment because of advance age or usage in excess of the norm, cannot be maintained in good working order through routine preventive maintenance service, or if work beyond the scope of this agreement is required, it shall submit to customer a cost estimate of such work. If customer refuses to authorize the same, KKC shall have the right, on ten days written notice to customer to terminate service under this agreement as to any terms of Equipment, in which event charges will be prorated and KKC will refund the unearned portion of any amount prepaid thereunder. KKC shall have the right to substitute equivalent equipment at any time during the term hereof, and removed parts replaced by KKC shall become the property of KKC. KKC shall have full and free access to the Equipment to provide service thereon. 5. Maintenance service provided under this agreement shall not include consumable supplies including but not limited to paper, developer, staples, toner, drums, oils, ink, masters and all parts needing replacement as the result of any causes other than ordinary use as intended by the manufacturer.All Inclusive Agreements will include toner, developer and PCU's. EXCEPTION: Installation of user installable supplies such as toner, drums, PCU's, staples, waste toner bottles, is not included in these agreements. 6. Consumable products such as toner, developer, ink, drums, oils& staples not supplied by KKC will void maintenance contract or guarantee. 7. This agreement may be terminated effective at the end of the first year or each year thereafter by either party without incurring any liability to the other party, provided thirty(30) days advance written notice of termination is given to the other party. Notwithstanding the above, either party may terminate without notice upon occurrence of a material breach of this agreement. 8. KKC's obligation and warranties under this agreement are in lieu of (A) all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose, and (B) all other obligations or liabilities for damages, including, but not limited to, personal injury of property damage (unless caused by dealer's negligence), loss of profit or other consequential damages, arising out or in connection with this agreement of the maintenance service performed thereunder, nor shall KKC be responsible for delays or inabilities or other reason of a similar nature beyond its control. q. All covered equipment must be protected by a Panamax surge protector. KOPY KAT COPIER, 1550 N. FARNSWORTH, AURORA, IL 60505 SO C4f? United City of Yorkville Memorandum ,,,,:t P-1/71 800 Game Farm Road -�.� Yorkville, Illinois, 60560 .C.4. ~` Telephone: 630-553-4350 a.* Fax: 630-553-7575 LLE AN,y Date: August 1, 2003 nC�� To: Mayor & City Council From: Traci Pleckham - Finance Directo CC: Tony Graff - City Administrator Subject: Windett Ridge and Raintree Village SSA Documentation Final Draft documentation for the above listed Special Service Area Projects is currently available. There are 2 sets of binders located on the table below your mailboxes for your review. Attorney Kramer will also be issuing a SSA opinion letter for both projects. Should you have any questions, please contact me. Thank you. 1 UNITED CITY OF YORKVILLE To: Tony Graft City AdministratQr From: Joe Wywrot, City Engineer _ , Subject: Route 34/Game Farm Road Trac Signal—Change Order No. 3 Date: July 31, 2003 Attached find one copy of proposed Change Order No. 3 for the referenced project. This change order, in the amount of a$1,108.80 increase, is for furnishing and placing topsoil. This project included seeding of disturbed areas, but did not include adding topsoil. When the foundations and conduit were installed, we found that the existing soil was of poor quality. In order to establish a good stand of grass, we decided to add topsoil. This work should be covered by the joint agreement between the city and IDOT, which means that IDOT would fund approximately 93% of thi . Please place this item the Public Works Committee agenda of Au 5, 2003 for consideration. ‘,, , F i7 Illinois Department Request for Approval of Transportation of Change in Plans Date May 21, 2003 County Kendall Contractor Van Mack Electric Road District or Municipality Yorkville Address 2433 Reeves Road Section 02-00028-00-IL Joliet, IL 60436 Request No. 3 ® addition I recommend that an ❑ extension be made ® to the above contract. ❑ deduction El from Between Station _ and Station a net length of (Do not fill in unless a change in length is involved) The estimated quantities are shown below and the contractor agrees to furnish the materials and do the work at the unit prices. Show station location for major items. Items Description and Unit Quantity Unit Price Additions Deductions X9100201 F&P Topsoil, CY 42 $26.40 $1,108.80 Totals $1,108.80 Net Change $1,108.80 Amount of original contract$ $142,510.32 ►� addition Total net ❑ deduction to date $ 3,155.20 which is 2.21 % of Contract Price BLR 6301 (Rev.2/01) State fully the nature and reason for the change The existing soil has an abundance of sand, gravel and clay. For the proposed seed to germinate, additional topsoil, free of undesirable material, needs to be used. When the net increase or decrease in the cost of the contract is$10,000 or more or the time of completion is increased or decreased by 30 days or more, one of the following statements shall be checked. ❑ The undersigned has determined that the circumstances which necessitate this change were not reasonably foreseeable at the time the contract was signed. ❑ The undersigned has determined that the change is germane to the original contract as signed. ❑ The undersigned has determined that this change is in the best interest of the local agency and is authorized by law. Signed Signed Highway Commissioner Municipal Officer Title of Municipal Officer Date Date Approved Recommended Approved County Engineer District Engineer Date Date Note Make out separate form for change in length quantities. Give net quantities only. Submit 3 copies of this form to District Engineer(4 copies for road district). If plans are required attach 3 sets. BLR 6301 (Rev.2/01) Page 2 of 2 NUM : UAN—MACK ELECTRIC FAX N0. : 815-725-7888s. Ma y. 28 2003 10: AM P2 K3 • • •MI V 1> Van-Mack Electric (815) 725-7883 Fax (8.15) 725-7888 May 28, 2003 Smith Engineering 759 John Street Yorkville, IL 60560 Attn: Don Ryba Subject: Landscape Pricing for Route 34 and Game Farm Road -- Yorkville • Dear Don: Van-Mack Electric submits the following price: Unit pricing to haul in, spread and grade pulverized black top soil over areas damaged during excavation. $26.40/cu. Yd. Please let me know if this is acceptable to you. Thank you, • Toby Van Du t e TVD/cvd 2433 REEVES ROAD • JOLIET, ILLINOIS 60436 08/04/2003 13: 11 FAX 630 553 5764 DANIEL J. KRAMER 002/019 -hC STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) PROPOSED FIRST AMENDMENT TO ANNEXATION AGREEMENT and PLANNED UNIT DEVLEOPMENT AGREMENT BETWEEN THE UNITED CITY OF YORKVILLE, A MUNICIPAL CORPORATION,AND INLAND LAND APPRECIATION FUND, L.P., A DELAWARE LIMITED PARTNERSHIP (ROUTE 47 AND CORNEILS ROAD) NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located in the County of Kendall, State of Illinois,hereinafter referred to as "CITY",INLAND LAND APPRECIATION FUND, L.P., a Delaware Limited Partnership,hereinafter referred to as "OWNERS/DEVELOPERS". WITNESSETH WHEREAS, an Annexation Agreement was entered into by and between OWNERS/DEVELOPERS and the CITY on March 25, 2003 providing for the annexation, zoning and general plan of development for certain real property which at that time was located outside of the boundaries of the CITY; and WHEREAS, OWNERS/DEVELOPERS are desirous of entering into this Planned Unit Development Agreement for the real property which is the subject matter of said Agreement comprising approximately 85.296 acres, more or less an R-2 Planned Unit Development Use —1— 08/04/2003 13: 11 FAX 630 553 5764 DANIEL J. KRAMER fJ 003/019 pursuant to the March 25, 2003 Annexation Agreement incorporated herein by reference; and WHEREAS, OWNERS/DEVELOPERS agree to enter into said Amendment to said Annexation Agreement and enter into said Planned Unit Development Agreement that shall become effective upon execution; and WHEREAS,the CITY through its Plan Commission, City Council, and Staff review of the proposed First Amendment to the Annexation Agreement and Planned Unit Development Agreement presented by OWNER/DEVELOPER and wishes to enter into this First Amendment to the Annexation Agreement and Planned Unit Development Agreement; and WHEREAS, in mutual consideration of OWNERS/DEVELOPERS purchasing the subject real property from OWNERS/DEVELOPERS, and the CITY agreeing to certain Annexation Agreement amendments with OWNERS/DEVELOPERS which inure exclusively to the mutual benefit of each party hereto,the parties do agree to enter into the following First Amendment Annexation Agreement: NOW THEREFORE,in consideration of the mutual covenants and promises herein contained the parties agree as follows: 1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those recitals as part of this Agreement. 2) REAL PROPERTY EFFECTED: This First Amendment shall affect only the terms, conditions, and general development plan as set out in the original Annexation Agreement of March 25, 1995 of which are hereby specifically referenced herein. This First Amendment to Annexation Agreement shall only —2— 08/04/2003 13: 11 FAX 630 553 5764 DANIEL J. KRAMER ()004/019 become effective upon, AMENDMENTS: The Annexation Agreement of March 25, 1995 shall be superceded by the Planned Unit Development Agreement providing for R-2 Single Family Use for approximately 85.296 acres legally described in Exhibit"A"attach hereto and incorporated herein by reference. 3. AUTHORIZATION OF AMENDMENT: OWNERS/DEVELOPES warrant that the parties hereto have full and express authority to enter into an Amendment of the original Annexation Agreement dated March 25, 1995 to which this Amendment is appended pursuant to that Agreement. 4. RATIFICATION: All parties hereto agree that except to the extent performance standards or other terms of the original Annexation Agreement have been amended by the Planned Unit Development Agreement, all other terms of the original Annexation Agreement dated March 25. 1995 are hereby ratified, re-published, and reconfirmed between the parties hereto and remain the agreement of the parties. Both OWNERS/DEVELOPERS warrant that OWNERS/DEVELOPERS shall stand in the position of a successor and assign of OWNERS as to all rights accruing under the original Annexation Agreement. 5. All parties agree that a new Planned Unit Development Preliminary Plan incorporated herein as Exhibit"B" is hereby adopted as part of this Amendment. —3— 08/04/2003 13: 11 FAX 630 553 5764 DANIEL J. KRAMER Z005/019 6. SEVERABILITY: Should any provision of this Annexation Amendment be found to be unenforceable by a Court of competent jurisdiction,the remaining terms and conditions of this First Amendment Annexation Agreement as well as the original Annexation Agreement dated March 25, 1995 shall remain in full force and effect. 7. Notice until further notice shall be provided at the following addresses: CITY: City Clerk United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Copy to: Attorney Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNERS: Inland Land Appreciation Fund c/o Matthew Fiascone 2901 Butterfield Road Oak Brook,IL 60523 8. TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Amendment shall be performed in a timely manner by all parties hereto. —4— 08/04/2003 13: 11 FAX 830 553 5784 DANIEL J. KRAMER 006/019 IN WITNESS WHEREOF, the undersigned parties have executed this Amendment to Planned Unit Development Agreement this day of , 20 . CITY: OWNERS/DEVELOPERS: UNITED CITY OF YORKVILLE INLAND LAND APPRECIATION FUND, L.P.,. By; By: Attest: Attest: Dated: Dated: Dated: Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville,Illinois 60560 630.553.9500 —5— 08/04/2003 13. 11 FAX 630 553 5764 DANIEL J. KRAMER 121007/019 STATE OF ILLINOIS ) COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND INLAND LAND APPRECIATION FUND,L.P.,A DELAWARE LIMITED PARTNERSHIP, DEVELOPER AND OWNER OF RECORD (CALEDONIA SUBDIVISION) NOW COMES, INLAND LAND APPRECIATION FUND, L.P., a Delaware Limited Partnership, OWNER and DEVELOPER of certain real property described in the attached Exhibit"A", and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, who hereby enter into this Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the City Council of the United City of Yorkville upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows; I. WHEREAS, each party agrees that it is in the best interests of the OWNER and DEVELOPER and the CITY to annex and develop the subject real property described in the attached Exhibit"A"as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the —1— 08/04/2003 13: 11 FAX 630 553 5764 DANIEL J. KRAMER 0008/019 development and to adjoining real property; and 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property; and 3. WHEREAS, each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property; and 4. WHEREAS,the DEVELOPER has agreed to perform certain requirements made by the United City of Yorkville. 5. WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and 6. WHEREAS, OWNER desires to enter in this Planned Unit Development Agreement for the said real property described in the attached Exhibit"A"and amend the Annexation Agreement entered into on March 25, 1995; and 7. WHEREAS, CITY, its Plan Commission has considered the Petition, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and the CITY; and 8. WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be developed in an orderly manner; and 9. WHEREAS, OWNER and its representatives have discussed the proposed rezoning and have had public meetings with the Plan Commission and the City —2— 08/04/2003 13. 11 FAX 630 553 5764 DANIEL J. KRAMER 009/019 Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree, as follows: A. The subject property described in the attached Exhibit"B" shall be zoned in conformance with each unit or zoning set forth in the approved Preliminary Planned Unit Development Plan, consisting of Preliminary Plat and Preliminary Engineering, copies of which are attached hereto and incorporated herein as Exhibit"C"and made a part hereof,providing for R-2 One-Family Residential District, and shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached hereto and incorporated herein by reference as part of Exhibit "C"; the legal description for the R-2 One-Family Residential District being attached hereto and incorporated herein as Exhibit"D". The subdivision shall further be developed and improved according to the Preliminary Landscape Plan,a copy of which is attached hereto and incorporated herein as Exhibit"F". B. That single-family areas of the development shall be governed by the following performance standards which shall when in conflict with the City Subdivision Control Ordinance shall take precedence: 1. Lot sizes shall be a minimum of 10,000 square feet with lot sizes generally following the lot sizes set out and calculated on the approved Preliminary —3— 08/04/2003 13. 11 FAX 630 553 5764 DANIEL J. KRAMER Q1010/019 Plat as set out in the attached Exhibit "C". 2. 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. 3. 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. C. That the DEVELOPER has agreed to satisfy the City of Yorkville Land/Cash Ordinance through the contribution of a school site of acres,which shall be deeded to Yorkville Community School District#115 at the time of recording of the First Final Plat of Subdivision. In the event the land conveyance does not totally satisfy Ordinance requirements the OWNER shall pay any excess contributions due to the Yorkville Community School District#115 in addition of land contributions for schools in conformance with the City of Yorkville Land/Cash Ordinance in effect at the date of Final Plat approval as to each respective phase or unit of the R-2 One-Family Residential District of the development attached hereto and incorporated herein as Exhibit"H"is a letter from the Yorkville School District acting to reserve cash in lieu of land contribution. For all residential phases of said subdivision,payment of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the issuance of the subject single-family building permit. —4-- 08/04/2003 13 12 FAX 630 553 5764 DANIEL J. KRAMER 1011/019 D. That the DEVELOPER shall pay Dollars ($ )cash contribution and complete the following on-site improvements to the development in lieu of land contributions for parks in conformance with the United City of Yorkville Land/Cash Ordinance in effect at the date of Preliminary Plat approval: 1. The DEVELOPER shall provide acres of permanent open space as per the approved Preliminary Plat. E. In order to facilitate said open space maintenance OWNERS/DEVELOPERS shall form an Illinois Not-For-Profit Corporation and provide an initial estimated budget,by-laws and assessment terms creating a mechanism for said open space improvements maintenance prior to or simultaneous with the first Final Plat of Subdivision being approved by the City Council. In order to provide for the maintenance of open space and trail areas, OWNERS/DEVELOPERS agree to execute a consent to the creation of a Special Tax Service Area and have approved Ordinance encumbering all residential units of said subdivision, in the event the homeowners association for Caledonia Subdivision fails to carry out its maintenance responsibilities, That the development of said property shall be subject to approval of all Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, City Land-Cash Ordinance, City —5— 08/04/2003 13 12 FAX 630 553 5764 DANIEL J. KRAMER ?)012/019 School Transition Fee Ordinance, City Development Fee Ordinance and Siren Fee, which have been voluntarily contracted to between the parties and agreed to by DEVELOPER as a condition of approval of the Planned Unit Development Agreement. DEVELOPER,except to the extent varied by this Agreement,the Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance,City School Transition Fee, and City Development Fee,which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers,however,will be bound by changes in BOCA building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY 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 —6— 08/04/2003 13: 12 FAX 630 553 5764 DANIEL J. KRAMER 1013/019 Council after the date of execution of this Agreement. F. The DEVELOPER shall pay Three Thousand Dollars($3,000.00)as School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District,Two Thousand One Hundred Dollars($2,100.00)in Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition,development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective subject single-family building permit. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees,or School-Park Land Cash flees shall be charged on any real property zoned for business purposes under the terms of this Agreement. G. OWNER/DEVELOPER and CFfY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts to assist the DEVELOPER in the acquisition of easements or permission to use easements from Bristol Township,Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of DEVELOPER. —7— 08/04/2003 13: 12 FAX 630 553 5764 DANIEL J. KRAMER Q1014/019 H. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control: 1. Roadway right-of-ways,widths of streets, and roadway constriction standards shall comply with the requirements as set out on the approved Preliminary Plat and each phase of the Final Plat. 2. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines,the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any oversizing. 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Nat,Preliminary and Final Engineering Plans approved by the City Engineer. 1. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois —8— 08/04/2003 13: 12 FAX 630 553 5764 DANIEL J. KRAMER Z015/019 Environmental Protection Agency. 2. The CITY agrees to negotiate with DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefitting future users that are contiguous or within a reasonable service area of the subject subdivision. Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by DEVELOPER,and approved by a majority vote of the City Council. J. The Annexation and Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Preliminary Nat attached hereto and incorporated herein as Exhibit"C", Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. DEVELOPER further agrees to conform its Final Engineering and Final Plats to provide the buffering and screening agreed to between DEVELOPER and the adjoining owners of the subject property. K. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, and assigns of each party hereto. L. If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and —9— 08/04/2003 13: 12 FAX 630 553 5764 DANIEL J. KRAMER 1016/013 effect between DEVELOPER/OWNER and the CITY. M. This Agreement shall be binding upon each party hereto in terms of performance for a period of twenty years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER. N. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska,Jr. 111 W. Fox, Ste. 3 Yorkville, IL 60560 With a Copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A. S.Bridge St. Yorkville,IL 60560 If to the OWNER/DEVELOPER: Inland Land Appreciation Fund c/o Matthew Fiascone 2901 Butterfield Road Oak Brook, IL 60523 Or to such other addresses as any party may from time to time designate in a written notice to the other parties, 0. This Agreement shall be enforceable in the Circuit Court of Kendall County by —10— 08/04/2003 13. 12 FAX 630 553 5764 DANIEL J. KRAMER a 017/019 any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. P. In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions,said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. Q. The CITY agrees to adopt any Ordinances, which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute approving Planned Unit Development/Annexation Agreement after due public hearing thereon, or to correct any technical defects which may arise after the execution of this Agreement. —11— 08/04/2003 13: 12 FAX 630 553 5764 DANIEL J. KRAMER Z019/019 IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of , 20_ UNITED CITY OF YORKVILLE, Kendall County,Illinois By: MAYOR Attest: CITY CLERK —12— 08/04/2003 13. 12 FAX 630 553 5764 DANIEL J. KRAMER 1019/019 OWNER/DEVELOPER: INLAND LAND APPRECIATION FUND,L.P., a Delaware Limited Partnership By: Attest: Dated: Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630353.9500 —13— STATE OF ILLINOIS ) 07/14/03, 8/1/03 )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF GAIL C. FISHER, GARY L. CONOVER, DIANE J. CONOVER,JOHN E. LIES, DOLORES C. LIES AND KIMBALL HILL HOMES This Annexation Agreement (hereinafter "Agreement"), is made and entered into this day of , 2003, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", the owners of record GAIL C. FISHER, GARY L. CONOVER, DIANE J. CONOVER, JOHN E. LIES AND DOLORES C. LIES, herein collectively referred to as "RECORD OWNER" or"OWNER", and KIMBALL HILL HOMES, herein referred to as "DEVELOPER". WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 300 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and 59844/3 1 WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit"B"; and 59844/3 2 WHEREAS inreliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the City of Yorkville. CITY 59844/3 3 agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. D. Preliminary Plan. The CITY hereby approves the Preliminary Plan attached hereto as Exhibit C, prepared by Jen Land Design dated 6/2/03. 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 from the Yorkville Bristol Sanitary District. 59844/3 4 B. OWNER/DEVELOPER shall cause the PROPERTY, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which 59844/3 5 MEW acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Rob Roy Creek Interceptor is available at the property line of the PROPERTY. 4. WATER. The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the needs of the PROPERTY. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay Three Thousand Dollars ($3,000.00) as School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by DEVELOPER to the Yorkville Community School District #115; City Development fees of Two Thousand One Hundred Dollars ($2,100.00) per residential dwelling unit shall be paid by DEVELOPER at the time of building permit issuance as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition, Development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective single- family building permit. Said fees are being paid voluntarily and with the consent 59844/3 6 of DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances at the election of the CITY. 1. DEVELOPER agrees to dedicate a Park Site at the location and acreage amount as shown on the Concept Plan attached hereto and incorporated herein by reference as "Exhibit C". 2. CITY agrees to accept ownership of and to forever maintain the proposed trail system within the PROPERTY. 3. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 4. The Yorkville Community School District #115 has indicated to DEVELOPER that it seeks satisfaction of Land/Cash Contribution by a 59844/3 7 land donation as set out in the Letter attached hereto and incorporated herein by reference as "Exhibit D". 5. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind improvements within the parks and/or construction of bicycle paths. C. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any oversizing or additional road improvements. D. Upon annexation, police protection; 911 service, and library service will be provided by the City at no charge tothe Developer. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an 59844/3 8 irrevocable letter of credit or suretybond will be used as the securityinstruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phasesof Development at the sole P P discretion of the DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of DEVELOPER'S request for approval of any public improvements.8. OVERSIZING. In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require 59844/3 9 anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards Organization (ISO) isurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the 59844/3 10 PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of seven (7) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said seven (7) year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said seven (7) year period. After said seven (7) year period, the PROPERTY and its development will be subject to ail ordinances, regulations and codes of the CITY in existence on or adopted after the expiration of said seven (7) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "Grandfather" provision contained in such superior governmental mandate which 59844/3 11 would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challengin such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said seven (7) year period so as to: (i)_affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the CITY's Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annextion to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are 59844/3 12 ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof. DEVELOPER and all successor developers of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendements to the CITY'S ordinances, regulations, resultions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resultions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisons of any ordinances, codes, regulations and resolutions of the CITY. 10. RECAPTURE DEVELOPER understands and agrees that it is liable to the CITY for water and sanitary sewer previously installed by the CITY that serves the PROPERTY. DEVELOPER shall pay $525.00 per each building permit to fully reimburse the CITY. In the event that any lots within the PROPERTY are served by the proposed Rob Roy Creek sanitary sewer a credit for said lots shall be given to the DEVLEOPER. 11. FEES AND CHARGES. 59844/3 13 During the first four (4) years following the date of the Agreement, the CITY shall impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 11. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement, except the Forest Preserve District. The CITY agrees to accept title to the floodplain adjacent to Rob Roy Creek if and when offered by the DEVELOPER. 12. PROJECT SIGNS Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all 59844/3 14 necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the PROPERTY as identified in Exhibit "G"attached hereto. .13. MODEL HOMES, PRODUCTION UNITS,SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for 59844/3 15 mimmimimmiw each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional 59844/3 16 model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 15. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected 59844/3 17 on the Concept Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the DEVELOPER's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. In the event that the CITY decides not to extend Faxon Road to Route 47, the CITY agrees to vacate at no charge to the DEVELOPER, any dedicated street stub right-of-way for said Faxon Road extension. The CITY hereby grants any necessary variances to the CITY subdivision and/or Improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plat. The CITY agrees to allow up to six feet (6') of bounce in any stormwater management facility. 59844/3 18 In the event that the CITY determines that a bike path adjacent to and parallel with Rob Roy Creek on the PROPERTY is not necessary, the money proposed to be allocated for said bike path and credited against Park fee donations under the land/cash ordinance, may instead be used by the CITY to construct a bicycle/pedestrian bridge over Rob Roy Creek.16. MASS GRADING. Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the CITY agrees to allow the DEVELOPER to begin mass earthwork before final plat approval, but only after review and approval of the final engineering grading plan for the PROPERTY. DEVELOPER agrees to post any necessary bond for said work with the CITY prior to commencement of operations. 17. 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. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/ DEVELOPER of the PROPERTY. 59844/3 19 Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 DEVELOPER Kimball Hill Homes 5 999New Wi lkeRd.,Building5 Rolling Meadows, IL 60008 DEVELOPER'S: John F. Philipchuck, attorney Dommermuth, Brestal, Cobine & West, Ltd. 111 W. Downer Place Aurora, IL 60504 RECORD OWNERS: GAIL C. FISHER GARY L. CONOVER DIANE J. CONOVER JOHN E. LIES DOLORES C. LIES 59844/3 20 19. 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. 20. 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. 21. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and 59844/3 21 agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, 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. 59844/3 22 D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not effected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and 59844/359844/2 23 resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 59844/359844/2 24 M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. 22. 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. 59844/359844/2 25 CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK RECORD OWNERS: GAIL C. FISHER GARY L. CONOVER DIANE J. CONOVER JOHN E. LIES DOLORES C. LIES 59844/359844/2 26 DEVELOPER: KIMBALL HILL HOMES By: Attest: Prepared by and Return to: John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine & West, Ltd 111 West Downer Place, Suite 300 Aurora, IL 60506 59844/359844/2 27 EXHIBIT LIST Exhibit A - Real property description Exhibit B - Annexation Plat Exhibit C - Preliminary Plan Exhibit D - Yorkville Community School District#115 Letter Exhibit E - Yorkville Building Code Exhibit F - Fee Schedule Exhibit G - Signs 59844/359844/2 28 EXHIBIT"E" CURRENT CITY BUILDING CODES 2000 International Building Code (Ord. 2003-01) with two amendments: i. Stair height and risers (Ord. 2003-08) ii. Energy Code (Ord. 2003-05) 60026/2 EXHIBIT "F" SCHEDULE OF FEES Fee S/Unit/Acre Sanitary Sewer Tap-On Fee $500/unit Water Tap-On Fee $2,000/unit School Transition Fee $3,000/unit Cash Donation $58,000/acre Park Donation $58,000/acre City Fees Capital Improvement Fee $2,100/unit Administration Fee Paid separately Engineering Review Fee Paid at hourly rate to EEI Building Permit Fee $650 + $.20/sf Sanitary and Water Recapture $525/+interest/single-family homes at time of building permit S!ren $75/acre payable at building permit In lieu of Traffic Impact Fee; Developer improving Faxon Road and relocating Faxon Road, within the Property and adding a northbound left turn bay to Cannonball Trail at Faxon Road. 60026/2 EXHIBIT "G" SIGNS All project signage is subject to review and permitting but will be in substantial conformance with the following and shall meet any site distance and other health/safety issues. Onsite Project Identification Signs: 1. Number: 2 2. Maximum Height: 20 feet 3. Maximum Sign Faces per sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer II. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 8 2. Maximum Height: 25 feet (Flags/Poles) 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Location: As from time to time determined by Developer V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the City Sign Ordinance or as otherwise approved by the City Council or Building and Zoning Officer upon request by DEVELOPER. 60026/2 08/04/2003 14 13 FAX 630 553 5764 DANIEL J. KRAMER @}007/016 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) PROPOSED PLANNED UNIT DEVELOPMENT AGREEMENT OF NEW DIRECTION IIOUSING CORPORATION This Planned Unit Development Agreement(hereinafter"Agreement"), is made and entered into this day of , 2003, by and between the UNITED CITY OF YORKVILLE, a municipal corporation,hereinafter referred to as"CITY" and NEW DIRECTION HOUSING CORPORATION,INC.,hereinafter referred to as"DEVELOPER" and SUNFLOWER ESTATES, L.L.C.,hereinafter referred to as "OWNER". WITNESSETH WHEREAS, OWNER owns fee simple interest to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 3.48 acres, more or less (hereinafter"PROPERTY"); and which is depicted in the Preliminary Plat of Subdivision which is attached hereto and incorporated herein as Exhibit"B"; and WHEREAS,DEVELOPER has entered into a written agreement to purchase the real property which is the subject matter of said Agreement comprising approximately 3.48 acres, more or less; and WHEREAS, CITY has determined that a need for affordable housing for the population over the age of 62 exists within the UNITED CITY OF YORKVILLE; and WHEREAS, the CITY and DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the R-4 General Residence Zoning Use shall be exclusively for an age restrictive facility specifically providing residences for those individuals who are 62 years of age or older. WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the orderly development of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Planned Unit Development Agreement and the Ordinances of —1— 08/04/2003 14. 13 FAX 630 553 5764 DANIEL J. KRAMER 1008/016 the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and and to provide rezoning to an R-4 General Residence Zoning Use for said parcel; and WHEREAS, it is the desire of the CITY and DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and WHEREAS, it is the intent of OWNER and DEVELOPER to design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS,the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to this Agreement all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER, DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an R-4 General Residence District as set forth in the attached hereto and incorporated herein as Exhibit "B'; and WHEREAS, the DEVELOPER agrees to enact and record a Declaration of Covenants describing the age restrictions and services to be provided on the PROPERTY a copy of which is attached hereto and incorporated by reference as Exhibit"C"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the rezoning of the PROPERTY; and NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: —2— 08/04/2003 14 13 FAX 630 553 5764 DANIEL J. KRAMER 0009/016 A. That the development of said property shall be subject to approval of all Ordinances of the CITY; Preliminary Plat of Subdivision, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances,Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance, City School Transition Fee Ordinance, and City Development Fee Ordinance,payable at the time of annexation,which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement. OWNER/DEVELOPER, except to the extent varied by this Agreement,the Preliminary Plat and Final Nat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, 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 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 B. The OWNER/DEVELOPER shall pay Three Thousand Dollars ($3,000.00)as School Transition fees per dwelling unit in said subdivision for the real property zoned R-4 General Residential District and,to the Yorkville Community School District#115,Two Thousand One Hundred Dollars ($2,100.00)in Development fees per dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, Development, and other fees for each zoning classification shall be paid on a per dwelling unit basis concurrent with and prior to the issuance of each respective subject 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 Fee, 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. —3— Mak 08/04/2003 14 : 14 FAX 630 553 5764 DANIEL J. KRAMER 010/016 C. Utilities and Public Improvements, That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway right-of-ways,widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Preliminary Plat and Final Plat. D. Sanitary Sewer Facilities. 1. DEVELOPER shall cause the Subject Property, to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol"or"YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of 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 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 DEVELOPER for each Phase of Development which are eighteen(18) inches or greater in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and,at its expense,be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care,maintenance, replacement and renewal of said Small Lines following the CITY'S acceptance thereof, which acceptance shall not be unreasonably denied or delayed. 2. In the event the CITY requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines,the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat, Preliminary and Final Engineering Plans approved by the City Engineer. 4, That off-site improvements for the provision of water, sanitary sewer and other utility —4— 08/04/2003 14. 14 FAX 630 553 5764 DANIEL J. KRAMER Ia011/018 and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER,the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CITY agrees to negotiate with 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 the City Council. 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Bristol Township,Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. 7. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Preliminary Plan attached hereto and incorporated herein as Exhibit"B", Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape,Preliminary and Final Engineering and Preliminary and Final Plats to provide the buffering and screening agreed to as set out in the Preliminary Plan for the Subject Property. 8. Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan("Final Landscape Plan") and final engineering plans ("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 long as it is in substantial conformity with the approved Concept Plan and Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in —5— 06/04/2003 14 . 14 FAX 630 553 5764 DANIEL J. KRAMER 0012/016 Paragraph I of this Agreement,for such Phase of Development, (ii)the payment of applicable fees to the CITY as provided for in this Agreement and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat,Final Landscape Plan and Final Engineering are referred to herein collectively as the"Final Plans". Concurrent with and prior to recording a Final Nat the CITY's review of Final Plans for a Phase of Development DEVELOPER shall submit to the CITY and the CITY shall review a copy of the Declaration of Covenants,Restrictions and Easements(or similarly named document)("Declaration")which will be used by DEVELOPER to establish the covenants,conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a"Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph L thereof,for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "J"attached hereto("Common Facilities") and the collection of assessments from the association members to defray the cost thereof, The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The SSA, as defined in Paragraph L of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph L,to fund the cost of maintaining the Common Facilities. E. AMENDMENTS TO ORDINANCES. Al] 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. —6— 08/04/2003 14 : 14 FAX 630 553 5764 DANIEL J. KRAMER @10131018 F. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase 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. G. GENERAL PROVISIONS. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. Successors and Assigns, This Agreement shall inure to the benefit of and be binding upon the OWNER,DEVELOPER and their successors in title and interest, and upon the CITY,and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends,regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees,have been reached through a process of good faith negotiation,both by principals and through counsel,and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: —7— 08/04/2003 14: 14 FAX 630 553 5764 DANIEL J. KRAMER 1014/016 If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska,Jr. 111 W. Fox, Ste. 3 Yorkville,IL 60560 With a Copy to; United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A, S. Bridge St. Yorkville, IL 60560 If to the DEVELOPER: New Direction Housing Corporation c/o Roger Brown 1920 Highland Ave., Suite Lombard,IL 60148 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes(2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion,clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition,the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. Agreement This Agreement, and any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto,without the consent of the owner of other portions of the Subject Property not effected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and —8— 08/04/2003 14 : 14 FAX 630 553 5764 DANIEL J. KRAMER 2D015/018 resolutions necessary to permit the OWNER,DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. The term of this Agreement shall be for five(5)years. In the event construction is commenced within said five year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois,at DEVELOPER's expense. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. (Please include language stating that the City has adequate water sources/availability to serve the Development) Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. • Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required —9— 08/04/2003 14. 15 FAX 630 553 5764 DANIEL J. KRAMER Z016/016 or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER,or OWNERS,including, but not limited to, county, state or federal regulatory bodies. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of, 2003. UNITED CITY OF YORKVILLE, Kendall County, Illinois By: MAYOR Attest: CITY CLERK OWNER/DEVELOPER: NEW DIRECTIONS HOUSING CORPORATION By: Attest: Dated: —10— I Resolution No. 2003 - RESOLUTION ACKNOWLEDGING THE CABLE SYSTEM UPGRADE AND DESIGNATING THE SOUTHWEST FOX VALLEY CABLE & TELECOMMUNICATIONS CONSORTIUM AS AGENT WHEREAS, a cable franchise agreement was approved by the United City of Yorkville on September 12, 2002 (hereinafter"Franchise Agreement" that established the term of the Franchise depending on the completion date of the upgrade and necessary reconstruction of the cable system; and WHEREAS, AT&T Broadband/Comcast has completed the upgrade and reconstruction of the cable system in the United City of Yorkville as of the date of this Resolution and as required by the Franchise Agreement, subject to ongoing maintenance and repair; and WHEREAS, the United City of Yorkville(hereinafter"City") has joined and is a member of the Southwest Fox Valley Cable and Telecommunications Consortium(hereinafter "Consortium"); and WHEREAS, the Franchise Agreement allows the United City of Yorkville to designate an agent for monitoring compliance, advising, facilitating enforcement, investigating, and any other non-policy making and ministerial functions relating to the cable system. NOW, '1'HERFORE, BE IT RESOLVED by the Mayor and City Council as follows: 1. The recitals set forth above are incorporated herein as the material and significant findings of the Mayor and City Council. 2. It is hereby acknowledged and agreed that, as of the date of this Resolution, the cable upgrade and reconstruction in the United City of Yorkville has been completed, and that the term of the Franchise shall be twelve (12) years accordingly. 3. The United City of Yorkville hereby designates the Consortium as its agent for monitoring compliance, advising, facilitating enforcement, investigating, and any other non- policy making and ministerial functions relating to the Franchise Agreement and the cable system. Page 1 of 2 Presented to the City Council of the United City of Yorkville, Illinois this day of , 2003, A.D. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO Passed by the City Council of the United City of Yorkville, Illinois this day of , 2003, A.D. Approved and signed by me as Mayor of the United City of Yorkville, Illinois this day of , 2003, A.D. Arthur F. Prochaska, Jr. Mayor ATTEST: Jacquelyn Milschewski, City Clerk 8/4/03 Resolution Cable Agent-Deputy Clerk Page 2 of 2 08/04/2003 09 51 FAX 630 553 5764 DANIEL J. KRAMER ij002/005 A Dr-/(-- .- -, ?� ' o United City of Yorkville u County Seat o/Kendall County EST' 1896 n. � 800 Game Farm Road H Ybrkvill0,111410;6 60560 c) ,L 4?Alk; p Phone:630-553-4350 lQ- ; Fax 630-553-7575 7 �v41E � August 4, 2003 MEMORADUM To: Mayor and Aldermen RE: City Employee Manual Dear Mayor&Aldermen: Please be advised that I did have a lengthy telephone conference with Abby Rogers, our Labor Attorney from Seyfarth Shaw last week in regard to the proposed changes in the Employee Manual. She is preparing a written memo of her position about pre-discharge hearing rights, and was very adamant about the position previously taken. Because in any discharge proceeding you are the final arbitrators as Mayor and City Council,she felt any modification of the proposed Manual other than what you are seeing would not be in the best interest of the City. I have asked her to provide that written memo directed to our office, which should be distributed for the August 5 Committee of the Whole Meeting during which I will be out of town. Should you have any questions,Kelly Kramer from my office did participate in the phone conference as well. Very truly yours, 1 Daniel J.\\ ,__6amer Attorney at Law DJK:rg .......... IIIP I N 02-170201 -006 LqCAT1 -1 7-201 -009 02 AREA TABLE m P' L A N PRELIMINARY P , U . D .LOPER: INLAND LAND APPRECIATION FUND LP NAME SO. FT. ACRES NAME !O FT. ACRES PROPOSED EXISTING PROPOSED EXISTING 2901 BUTTERFIELD ROAD IOF STfM SEWER VALVE AND VNJLT OAK BROOK, ILLINOIS 60523 IMl*ffGMRY ----- ----Q229-4------ ............ ........ S�IFARY SEWER ::L-Ql-?------------------9 un---- ----Q!2?_5..... ...L-QI-10.9-----_-----ro;5 J-6............Qt�1751--- 630-218-8000 FAx: 630-954-5673 WATER VALVE W_ _-W_- W�ER MAIN -------- -------10,15-0----- ----!L2U..... ... ------------ ;A?3------ ----Qt371--- W M N GAS VALVE 0.301 VVVVVV.INLANDGROUP.COIV1/IRED L.Q 1-.4-----------------3 IAJI----- ----------------- --- ------ j,15A4------ ----- 3.3fi... GR 4 -T-T- HAND HOLE LJQ 1.5----------------13 A JI----- ----- ..... ... --- --- ...... ..... CALEDONIA SUBDIVISION Uh�R4 WND TELEPHONE LINE-E-E- UNFIRGROUND ELECTRIC LINE ---------------- ----- ----�IZM..... ... ---------- ------ -----Qt3.3fi... FLARED END SECTION -CATV- UN�ERGRWND CffV U14E ----------------!Q0 .992----- ----M52..... ... ------------ 210------ -----Q0.72... STREET LIGHT OW,RHEAD WIRE(S)ON UFIUTY POLES ------------13t�19...... ..... -OH-OH- OH---------------!Q!37-0----- ----RS23A----- --- ------------------- RAMAD -0- UTILITY POLE TRAFFIC SIGNAL N -X-X- F&E W�ERS'EOGE I ...............I_Q ?.y----- ----Q 2 3I---- ---01-_1 1 ------------15 ------ ----- 0 ITRAFFIC SIGNAL BOX ...............1DI31-3----- -_��!23!..... ...01-11.9------------I� a5------ -----M72_ (0) SNITARY MANHOLE--_--_-----1.11,298..... ....DI23-6..... ...L-Q.T.-1_?_Q------------R-��A 17------ -----Qt5.Q_i___ NOTE: I ST)RM MANHOLE ---------------IDI284----- ----Qt23.6..... ... ----- -------- --06------ -----0 2Z---------------I-Q,259----- ----0.23-6----- ---UI-J12-----:------10NO------ -----0-,2.3 Q UNDERGROUND UTILITIES ARE SHOWN BY USING PHYSICAL CAP BASIN I9 I ---------------!Q128-0--- - ----QS23h----- ---ul-j23-----_-_- ------ ----- EVIDENCE FOUND ON THE SURFAC 11 E MANHOLE MAILBOX COMPANY FIELD STAKES AND, THEREFORE, THEIR-1.01-17---------------13j-894_--- ----D i 31.9..... ...L-01-1-2.4---------_IQ 3 ------ -----0�230_ YORKVILLE SIGN I -------- ----- ----- I----- ---�_Ijjj?5 ------10 5.3------ ------Q!23-1 LOCATIONS ARE APPROXIMATE AND SUSPECTED AND MAY E031 TEEPHONE MANHOLE- ------ FOR MORE ACCURATE I ---------------1.Q2.40----- ----Q!2 3-9----- --- ----- ------ 0 5.9...... ......Q2231-.. 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CA9E TV UPRIGHT CONTROL POINT LOCATION ---------------1.Q -5 3 4----- ----9!24-2----- --- ------------10 �6...... .....0 t ITf!EPHONE UPRIGHT ------I-6W EXISTING CONTOUR---------------I 9 11.05.6----- -----Q.�.?31..... ... ------------IQ U------ ------Q22AI--- PIPE FLOW DIRECTIONS, IF SHOWN, ARE BASED M [11 I Ffr flYDRMT -680 PROPOSED CONTOUR ----------------9 23�L3----- ----- !2?-Q----- --- - -----3.Q------------IQ 09------ -----at.?44 ON F ELD INVERT ELEVATIONS UNLESS EXISTING PLANS I CUTRWILS RLMAD ...............12 1 JQ 3.2----- ----R!2 9-5..... ... 3A-------------A 1 7-1 J------ --- 8 SCALE 1" 100' -1-U-25................R2-4?0..... ....Q!2 j.Q..... ...L-QI-132------------12 31 PLAN FLOW DIRECTIO -------------I14 4 L_Q I-?_5--_-----------9135-Q..... ....Q t.2 1-5----- ---01-133 25 ---- ----- I Q��_331---21-5----- ---L.Q ...3.4............ ------ ----- 1 7 6iii ---------------- LIMIFTS OF-1-U-28----------------%13j----- ----!Qi2?A----- ---LQT---3.5............M 1-0...... .....ot.25Q---�QT .0.?38 i, 'I, ". 11 0 100 200 .1_Q1.29----------- 9.,7-91----- ----Q!2 2-5----- --- - ---13.6 !Q L�5.7 UNITED CITY I.1-Q1.30---------_----9.119.Q----- ----M25----- --- ------------1.1 I 2 7-0------ -----0 ? ---- 8 OF I., ML t. -3 6 OF YORKVILLE i ----- ----M?5----- --- -Q .38 ...QI211. 11 PIP ---------------IzInQ----- ----M9_4..... ... J 01-13-9............JU 6.0------ -----0 3.6fi.-----------------.1_Q1.33....... .......1?,,.797----- ----Q!29-1..... ...Loj:-J.4.Q............211 2.09.3 .... 0 5.02... ---------.........I N- L.Qi_ 41 -------- -------- 1716 A8 --- RECORDED 10-10-2000 ------------ ------ ----------------------------------- ----- -_P-.24.9..... ...L.01.143------ ..... .NIZ3------ -----0 N.T.S. -7--1-U-37---------------1D,_U2----- ----Qt2�L9..... ... ------------ 1`1 ?,2------ -----0- H2 I ............_.I_QT-38---------------10_t8,31----- -----QI24.9..... ...01.1�15------------ 0 2J------ -----0.�?,32_ -F ON NW QUARTER OF_1_Q1_39----_---------!QIR3 �---- ----Q!2�L9..... ... 4h------------11.�i'_2 3 8------ -----Q t3.0.4 315.96, HAT .0B.EXCEPT Lu I ---------------12]I - ----- 0!29.4----- --- T i4i------------IQ k5 5 7------ -----M-43- S88013'59"W Q�z' E 0�k, 0 HALF OF-SEC 17-J7-7 ARC LENGTH bH 0 R D 11 -OF THE:'THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, BOUNDED AND DESCRIBED LJQ 1-.41 --------------j 5.2. Q' 85.05 06 _2_L� ----- ----DI20.5..... ...01_14h_---------- ----- ----- Ij 2.05 ,'ING -.L-QT---42---------------121_�j ----- -----MM.... ... ------------ ---- -----Qt237. NE CORNER' L ur-SF6. 4-- lf-j4-4 ..1-91 NW QUARTER OF V)----- --- - ------------ NWL=41 C 1 110.00 95.99 _L_Q1.A3---------------!ZiM----- ----44 0 5 -S 0 EC;�C-3- 209 ---------------1?_,.3 62--- ----Pi2!3.4..... ...01-152--------------9�92J------ ----- UNITED CITY ...... OQ I- ! , 1, S.tJNE O�,, CORAEILS RD.'%, S760`58' I 3' ._L_QT__46---------------13,-61-4----- -----Q i 31.3----- -01-1.53...............94893...... .....0. a 2-5 C> ' -11'Q3 1:e S S ,17-37-1-00 1e12 ------ --------12,04---- ------i27-Q----- ---01 15-1------------1 ------ ------Q2231. LlufT T CA36-0 C 268-0 f3 .40 0 0 37 E.LINE OF WEST------ 8_51------ OF YORKVILLE -NWL=41 -5 E.0 .15 1 -07 ---------------12 3h 1-3----- ----Qt29-4----- ---01 15A------------ %,_750------------OuZU < ------------ ----------- ------ CL C:> 50-80. 126-36 _1_Qi_A8---------------133Mz----- ----Qe305----- --- ------- ------9'7-9j------------ouz?5--,3 5 .4 J --------------------j_Qj 49 17,33-4 _TM----------- t?.z15 V) 14 LANDSCAPE SEC 17-37-7 A 1'1'4' ----- ----Q!3 9.8----- --- ----------- -9;I 6 2 1:65' 70.00", 91.75' r' r-A3 r-M r-IV I --------------- ----- -----MBA- --- - ------------ ------ ----- - z 11" I r -)4 . 0 2Y2_._69 ;eul.Z4 S1 71 2ff 3 c C78 N51 C79" Lo 0 R4jV 02-1,65-11W---- .1-U-51--------------Z�iA95----- ----Qt-532..... ... ------------ ----- ----- 2 Ln C) IQ- N27 -1-U-5?---------------iz3hij----- ----Q!29.4..... ...LOI-15-9-----------AD 115�----- ----- '6 1�53. 0 32.3 N;Z q f jb-" ----------------aj.Q?3----- ----a!_z?h----- ---0i-j_6_Q------------1.0 ki 15------ ----- - ZE AUGUST 4, 1988), T - ___ I---- 1,11 !;: -4.0 �Lb,Z L-QT-54-----------------q j-8?_3----- ----0 i?_?h..... ...01.16A.------------19475...... ..... .t?,3-4--- 20.401.44 SQ2 05 ------------ 9 ua?3----- ----M?h----- - ...162-------- 1�03 3----- M.0--- C L 733.-9- 8.8_'_ C c C 1 LINE PARALLEL WITH 4 661.60 `5 C2 c� c�3 Q1.2A ........ -------%B23----- ----0. ---- -- .... 63 co C C.------------ 2j. 46 otZ95-13111-53 ------------I-V492------ ----- E.LINE OF W.HALF RECORDED SEPTEMBER 13, Cl 5 jJQ1.57........ _9 j_a23----- ----0 i-Z?-6----- --- S1 - -7 0 I- 6. 35�� QQ 05 C2 SEC 17,37 C -.L-Q.T.58----------------9 a 2,3----- ----Qt2?.6..... ..._QT..16.5------------1.1 ------ -----0 5-4--- 203� '�2: C V.- -.21-1.- IL - ----- c:)C 7 283-00 5.82 t ----------------al.823----- ----pt2?h----- ---01.16.6-- --------- ----- ..... 5 C71 7A_ 5u �kv J> ----------------5!i-a 2,3----- ----Qt.z?h..... ...01.16i-- ---------1?-'06i----- 60.43' 70.00' 67.57'---------------- 1.5?_3----- ----M?.Q----- --- r CD 0 293. uv 91 ---------- ------ -----0 �ojz C�p _u c-N- ''353-00 __LJQ1_62------- --------3 -M----- ----Q t?_?-Q----- -01� .9_� ---------12j-493------ -----M81--- cp 38.0attT111- - I 961"u), I -_�O __L_Q1_53----------------3 1-4 2-3�---- ----0.t 2 2-6---- ---0 I 7.0--- --------12,-4 9 3. ... ..... A -- ------ --------9,8?3----- ----� t2?h----- -01 17A------------ __.__Q.t287 C) I_f c) 66!60 -------- ----- ----�Q!2?.5..... ...LQI-172------------11.05 7------ ----- 6 00 C'94 5-1'- a,_&1-6---- -----Q!2 9-4----- ---Q T--1.73------------ t-45-i---0� _40' I 25!0 3!. �'ry.- _.L_Q1.57........ ------I?,!-41-6----- -----Q!2 9-4----- ---01-17.4............13 yj 9 7------- ----- I73!t N 48 5Q E ------- --------9 I R9_Q----- ----- --- 5 15.0 123. 0 �jj- - I ----- U01, 09; 69 M? EAST 8 Or N 48,,.5Q"E -- - ---- ----------------5[iR9_0----- ---- IA056------ ------OI251--- of iQQ- _,_- -2 -03 25E' Qt2? - N81�710pw IW.'LINE C28 183 1 ----------------91 -7----- ---01-.17-1------------ \p�Gov��5 H _t30_Q__.I-Q-T-11----------------5 1.119.0----- Q. CD SEC 17-J7-7 C 1 00 ----N ----------------5 1no---- ----- --- ------------ -4i.QJ.Q...... ......Q-L3AQ__. CD C) CD ... . ... tn.I b OF SEC 17-37 :323 42 E N3 N. NE 2 ................ Q!2? cn 0� �5 35 M ----------------3IR_-35 36 5 ---- .2 - ----- ..... ... ------------2 2�5 ----- -22-7..... ...L_QT 17-Q------------I 9..... _.__0 C:)5!QQ 36 142.94,35- 191 ------ ---01_18n---------- ------ 1-2 LINE PARALLEL WITH 3 LQ_T_7 5----------------5,R9-0-- - ----0!22-7..... ...L.Q.T.182----- I- '1�54 2MQ. "11-'27-- --35 M-- ---- cn �S89*48'50"W Ln E-4-3-6--- ----N` fi) 2Y-0 IN --- I7 M I.! In- ---- ----- ------- -;, 191 ME 140.00 c)CS5 25.00 39! __LQ1_15----------------51!5%Q---- ---- ---- ---Q36 25 --- 2 _01-17----_---------ID,A7.9- --- ----Q!2 3-4----- ---01-10.4------------ N89*48'50"E 7 1 15.44 6 3 '237..... gt?,35--- ZONE M-1 S89'48'50"W N 9*50'59"E 2-5- -0- 35 3-V 78--------------- ----- --- ------------ __j 411 '13 11E C 7' - -- 04 on ---- 0_. ----- S) 200 201 4391-� N88 59 1 - 0 ----Pt28_4----- --- - ----------I-QY237----- 141.30' 140.00" 202 8 0 --------------- I - 70.03 25.0 0 -------- '12 114.67' lju.a C 2 3 4-.26 36-05 N �5 35'"2 _AJQi-Ro------- -----Q.%4_Q!l..... ... ------------U2237...... .....M-35--- N lack 70.03' 31 ZONED R-4 X.'00" 34.90' 35.12' 70.03' 70.03'C) 92.50' 70.00' -00' C40 25- 0 7, -.,91 - 36 S 23-,v_" --------1 fi 1.41-4--- .... ... ------------1.0)237------ ------Qt?,35--- F> -51 � ------- 1-183........... C) �N 149 148 147 C41 2-51 I5.4, 1 575-, _f a 16, __L_Q1_B2---------------t_Q 5.0----- 1.23.5.... ...L.Q. 237...... ....Qt?35... 89*48'50"E 150 1. - __ 8'. ---- -I.Qk 192' 151 C 2 2,51 Ib- -y 6 N 4. 4 5 __L_Q1_B3---------------t_Q I 5-0----- ---- t23-5----- ---01_19.Q.1�------------12;`aj-6------ -----Q-.29A... L8 140.00'14 __ 9�481�0w S89048'50"W CD CD CD -Q, Q!23-5 LINE PARALLEL WITH W.UNE S8 :z c� Cp 3' 2 5 11, ---------- CD C> C) 35 140.00, ca)�6 (;j ��: CD C)5 1 -1 I OF NW QUARTER OF,,SEC 17-37-4.. -4 CD--- --- --------------- ----- ----Dt235..... ...0i.192---- ---------52_QQQ_ cg N 4 25, 7 Q Lp C4.5, ------ --------10,25-0----- ----Qt23j.___. Z6 --t c� Liz LO cR N2 ... ... j 11 Y., c� ca c> J�- CD c� cj� c� Z, -:W--:: __ , M 25-00- _6 ----_--------10,25.0----- -----QI235----- ---01.19.4---------- .QQQ------ _Qt??5... 88 = M :1E_47 ;�5 ------ - CD 35 6 N 4. 48,50 E ---------------10,25-0----- ---- i23.5----- ---L.01.1-9.5------------- N89*48'50"E.1 --- ----3' 1. .... C48 8.60'. -- - N ---------------1?, ----- ----Q!2 9.4----- ---01-19.E------------�j_Qoo ..... .....M25--- 193 A 41 10 IC49 2 -QQ- ----- -5 It" ---------------I -a 1-6----- ----9-29.4..... ...L,01-191-------------RjA00--�---- -----Dt225... 140.00' 0 N8948.'50"E N89048'50"E .2 35 36 N 00 '48 _,. _q:. -i ------- -------I_Q 1 2 5_Q----- -----QI235----- ---01-19-&-----_------%_QQQ------------OtM_ ilf 25, I _ -- ----- 5 'f ---- ---LJOT-19-9------ -----1 15BO------------0 IL A5. 140.00 11,10' 71*11" 'O.00' 70.00' 70.00,1 50.65'.1 --- N 111,10 IN -5-0----- ------QI23-5- Q___ 140.91t, 70.00' 70.W O'.0 O' I 5 IQ!25-0 Q!2 3-5----- ---01-ZOD.... - ----- ------ -----QtZM_ - - tN T IQI? C:) NORTH 88 DEGREES 17 MINUTES 09 SECONDS EAST ALONG THE LAST DESCRIBED L NE 660-00 C5 5 64 C52 25.00 39.27 3 '.3 6 '4 -------- -4 C:) -- ----- -5,11.�---- - ---- NUTES 22 SECONDSIEST ALONG THE LAST,DESCRIBED LINE.1106-44 FEET TO 25 3.5----- --- j------ -----0 au_01-9�1---------------lotzu-----------O!?_ 202------------2R.?'454 ,0�51_5:,i EXCEP HEREFROM,AHE,-54 Z�IOO: -55--42--- ----32�t _4 aw, -18'50"W F'�EIEOI NN 1 IN U 40 % - . 00 --------------AD zu..........Qs23_5----- ---L-01- W�� - �p I 0 �.KEKALL COUNTY._,II,LINOIS;, TING'oft"-- - __ .,.LINEwOF-,I�NW.90UAHIL-t.fzut���SEC 17-37-7-_ _P!A_��� EL"'THAT PART"�OFHENORTHWEST C55 25. 3 5 1A, u N89048'50"E------------Qt 5. : S89'48'50"W Z!)'UU b' QT-04 _Q.T - ------ ........... 33_ W L_QJT:-_-9 5.;- _Q!2 3-5----- ---L.0 I 140.00'-5 W -$Q_ LO 4" -4 115.791;---- ... S 3 1414 ,01_-�qq_ ----- ----QI302 '2' 700 140.71 117.95 7 il, p 1 16 AL0 SECTIONI, C59 �5 QQ 37.91--- ---- L_Q1 I_Q_Q------- -----ifi,51_6..... b 01- '"' I - ----- C2 5.2 892. E �5'00 IN 4 ------------- ---- ----Q!.U_Q---- ---L_Q1_A---------------5.4 4110 I...........It.3314 RTH LINE ON A STRAIGHT LINE EXTENSION 39!27 -2 `42"L ------------- -------- cn Zn -4 N0048'50"E 4 140,0b' C> -4 c� -TOTH NORTHEAST CORNER 19 N89048'5 LO ---------------- ---- 3 ,_�?7.4 c" C-62 25-.-O-O-- 19 6 1 E1:":E:: ------------- ----- -0!_13_e---- --- -------------- 31 Q9 I'�1.- ��OL T Ln -4 BED COURSE, A DISTANCE OF 440-00 FEET LOT D 08,391 4.095 BACK N89*48'5 ___..,,Zn 2-5.,60, 39.27 ----3- U; -- ----- 140.00' C) c> OF THE WEST HALF OF THE NORTHEAST QUARTER Or SAID SECTION 17;: THENCE SOUTHERLY, .57 178 168 064' 50 2 _5q qjj W --------------------------- 167 158 ..97--' I ------ ---- LOT 105 ---- ---- 7-9 0 140. 1� -A4 EIEST HALF OF THE EAST HALF OF SAID SECTION. 17, AT-AN 1-59. I 58�#2 ---N12 1 LOT 1 06 !Q!33 ..... DEDICATIUNI 848,621 19-482 S89*48'5 Yow N89048'50"E S89*4 146 ALONGJHE EAST LINE OF TH 1.95 14,7 0.338 '_�A GLE,DF,B8 DEGREES 25 MINUTES.57. SECONDS AS MEASURED COUNTERCLOCKWISE FROM c� 142.95' 140.70' 140 144.18' DESCRIBED COURSE, A DISTANCE OF 495-19 FEET; THENCE WESTERLY, ALONG A 190 IN89048'5'0"E C66' '500 00- 210 .66 7-Z.59 U0 I TOTAL, 3,7141'�1860 85-281 142.95'09 4,11 - ------------- LINE WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, -560'00 ---- b N8,9048'50"E 11 N89*48'50"E S 177 0 C68 _500. 0 290-94 BUILDING 12 , ' S89048'50"W 169 ph - H0.001 0 00 C>2 CR C>.580 ------ co ;� --j ) M (" cn I CIO— .01- 10 I - FT CA I I THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID 11. SOB 19 W O LR 1501ow 1.69 , 24,700 :SO LINE N89*48'50"E 4 LA C '0`1 '350 SO FT! 571 7, 572 T: LOT 26 - 9. 140.32' LR 166' S�9*48 J i0jow LEL WITH 58.28 CD p S89048-----58-Y8--- - c� C, 184 11W N09048'5011E 5 !7,4 T 144�E 91 123. �5' 1 6_1 S85?48'5 S89*48'50"W 140.00' I$A c� .78 -,0---- -CT4' - -----56"V 97 V- JN89-48'50"E 142 95' I I -N` 2-45 4 189048,50-t 142.95' -4 CD�7 1 IL". "I 176`E---- DISTRICT J, LIMITS OF C76 283-00 2 i4O.00' CD,(" cn cz -UNITED CITY SO FT AND IS :NOT N89048'50"E 140.00' LD, _N , co OF YORKVILLE -4 1 83 - -----45-."57 4 85 -ZJ 11 L M -560 60- 02.56 ICD 9 I , S89!48'50"W 140.12' N8948$O"E 144 UTILITY AND NOTES: 18-3- -0-0- FRONT DRAINAGE -183 165c� 144A,87 C 0 198 I N89'48'50;'E S89'48'50"W S89*48'50"W 140.00'-It OE, I I- 1: 140.70'C81 $8fl!�Q_ Jt. I ! - 1 1�?-.q N89048'50"E"%Do C>-63 -5 60 UO- -----�2-.-5-9- 2.Zo.b 8 140.00' % 4 b zi LOT DETAIL* 175 ,.18 .00 Go. lea co 139.92, C/) cn 31; r__ rri 85-, 2618- 00- Lp '48'6 -64 __5----- --------IS— b U.4f i 5Z *01 1 I' �p, r- - S89 iov 143 N89A8'50"E 199 Ln 6' N89048'50"E-' 14 4A 3' 164 18 4--C-66" -361.UO- SZ2,'2-22 951.94 Squ, p ul SIDE SETBACKS 10 T WIDTH AT 140.0.V` -4 cn p N89048'50t'E -ri 068 -6-, _W3 '36r,35" t478006'591,W �SR4493!11'1 E 64. 3- S V5, FRONT SEBACK LINE, UNLESS PUBLIC �15 N69*48'50"E 162 UTILITY 'IS LOCATED IN SIDEYARD THEN k3::- 110.70, -4 ic -68' N .1 MINIMUM EASEMENT IS 10'. N89'48'50"E----S- 1-7 2-4....... p .- *48,5o,,E 142 Izo Lc) z LINE OF S.3.33 CHAINS OF, 142.95' 163 , N89 THE EAST /O CHAINS OF THE 139.73'C-52 __217-00 89.98 -'34 Ln-53' "'211'60- '3' r.) 181 �0 j17Z I p -4 Ln - ----- b4'44"E 03 E .,,NE QUARTER OF AIW QUARTER OF�NSIFC 17-37-7 lb 4 123� -N-11 I )1 21.60- V 67 .2�Z 05 -5 16 r�r 12-3-M- .-.30 41'40'47"E C96 _`I 30 $9 36 4 A5 N34'56'50"E 114-7q'42- �4 W.LINE OF THE S.3.3.3 �PAINS` 140.33' N89036'40"E-n 180 -54_._94--- --- 5 8.'Q OF THE EAST /O CHAINS OF N88017 0911E 83.18' C-' -W -4 C98 12-3 00 ... ------ \J-NE QUARTER OF NW QUARTER 10 192�.00 M 35 --:5 -40 "Y TiT.51, -,r- - 2 12.85'4 N D PJA 4- OF SEC 17-�V-7,:3 ,- I �Z3 ---44--- 40 47 IN 0. .1 S M 3: -2 21 20 19�., 17�; .41' 1 � SOUTH ARROW BOL E 24 23 2 M C102 r-a 66','60- 0_44- N q12 N.LINE OF THE 10 - r, g 66.00 CD SE QUARTER :a: C) CD c--C> C> CD -----------r's 1, -45;0t�- -TO-.00'25 r,3 4 cn 2) SIN. ARROW BOLT O 10 Lo 3 C:5 r,3 7 bo It _cz Tj 2� 50 IN bD 4.28' (USGS)C107 353-.60- -55 -13--� A 2j�"0:42`21:"' ': OF THE NW N89036'18"E L C108 01 51 S45*29'17" I-4 Ln WEST LINE tc I60- i T2 -92 IT .1,51 E SEC 17-37-7 'OF EAST Ln 2V 60 _60-4--- --- 6-1 S05" 511 C�C> CD CD 2 60- -----59-97 c226 -E5 C�10 60, 70.00Y� b6.... ..... f C81.HAL-- OF_C111 217 60- b �70.00�, ,' 72�-�50' 72 5 C1 14 10'50� -69 1-0---- -_.__ _ _ - J� 92.��O' 70s C11 111 5 . 1. 1 _G___ ' _ 5, M8936'18"E I I I %�, 0 150- .57.2 I&Z V1 12" F/S)Y3-.-92 2.2. A Sg E OF VERS �UBDIVI I133.61' W E N, 30.66 137 199 40 WESTERL,5,4*0_,4b W I-E-D RhfE-- 136* 139 117L ?4 134.14 20.80'2 7 S21'34'56"'14-.'60--- --- --Z'- .'b--U-' ---91 5 150.30' 0 C3 98.77'C1 20 21�3 0,5 70.0 PC 2003-04 Caledonia 0 OW-SA kN�-18- >21 25�0 39.27 115.001,- 20 00, I 0 430.05' S8 40'19"W Inland Land Apprec. Prelim, Plat 6 57-M -7 C-1'22 25 60' _�s 115.-54 -65 .5 i 0 "F71 133.68' 119 !N3 ST LIN Lu 124 EA-3-0 -W480-48 0.3 IN N86 66 67-5' 3 .�36 si"N V-frW----C n 60 �017'08"E IF C1'25 2 Ob 59 OF WEST LLI .:36 Aif� Ln T4 .....638.27 EHALF CD COW: 8/5/03 C) F�HALF OF > z CD 3 -------Ln r -17-'37-7 132�SEC"Cl'26 �5"O`O 39 OF THE� NW QUARTER'353 _-9 U28 3 67 60' T6.1 6 .101 NU,4.7X�J_,.9 f OF THE,,SE QUARTER z Cf29 53 9 3 157 28 O"Lu 4 0.7,0_ z)3u"3u 13 ---- N8936'18"E -N8 N89036'18"E 9*308'!E7"-40!12--- 9*308"E N8 C)4 56--- -----------3`19"E 0. ZONED MI-R2 LO 40,00' u _31 W66)INER OF S.3.33 CHAINS 139.81' 14�0,01,36,1�60 Nv _�� I E oc. No. 20000008620 I Olt -- ------ _'50 30 f4 4 3-3.-ON, 62-57 2 S25 4 co 0 0 C'1'34 N2 '29 36E b L�-v- 0 OF THE EAST /O CHAINS OF 68 t9 Iid8.44 lip.65 91 118 I35 cn IOF7NW QUARTER NE QUARTER 7' Z�Fri 2 C-)MG 217.01 4.64... ... NUO-DU 0.) IN '29 84 LOT 24 LOT 23 LOT 22 LOT OF SEC 17-37-7 .21' Lu Lu_V-14 728`83 :f 4 --SB9'36'18"W S89036118"M 38 58 _0 2 140.00' 140.001 IS8505 594 z ca._60 .3 4 69 U%I- CD 64 ------1. .52' 130 -4 I- ----------CA .......... ..184 ---R49 N8536'18"E 112 1 113 20-00- 'A28?.8 I-------- -25)TT_ 00NEO' M1 C> H F� W IE �W C�l co;__c" IS 3-, 1 1 1 C3 -4 rs 1W 1 r-3 5n'36'18 r C> c� c�"CR cz f'.1�89036'18'fW 4. b I139.85'N89*36'18"E __j S89*36'18"W U.DO 00" 0 I40'O.MEN= m�= M= 4MMM 01 4 BE110 T,vams , z 89 664 AWAM _- [plimpoc E ' OHL 140 70 140 11115111101 any= almmmxl 0@1 -" " . I Old IT r3l 9036'18"E NBn6,,'-1801E REVIS19NS:N8 12W 6'18"W. ,S89!W.LJNE OF THE EAST%HALF 6184 f S8 '3 02/1 4)j03 81.81 I;8 S89-36,18 140.09' 140.00' W JOB NO: 3317 9 OF THE SE QUARTER OP 7 THE NW QUARTER OF C) CD,62; '28-37-7 1_0 -, . -SEC 17 177� ONTANADW tE 05/17/,03 cn 3 X -S89*36'18"W if 17PREPUD01 07/11 /103 :,fjvq'1L N8936�18"E 140.00' 140.00, S8936'1 I 9 , 9575 W. Higgins Road, Suite 700,-1 r I Rosemont, Illinois 60018 SHEET IPhone: (847) 696-4060 Fax: (847) 696-4065 1 OF" 2 14 14 14 tIIII _ ._ . ,_ w _k_ _,, - .........,n...,-_�,_�::_. -_._-__--.._1_...._ _ ... .: : . r. __ ..�.. . TM ._. ... .�. •.a -_..u.,>,_,w..,�w ......•...____1.--1-,.,_:...... .........>_ ..._... ...,,:4ew_a ..a_"..: u., :iu.:,: v.v,>'x.u:d:.kJ ai,::,a .w :i') ;',?: ''.`S:.Y: •.v<9-- JYv.:. 'It4�+1.M :rw+r vm:iM.-1m1Y •wM�:aiaardr. a.W.ir.'�e, rtSew. "N++++4�r'. "NN,+... MLW.n>r C�KR: fq,yy' . _�tSa iaRYB k;.:.rm>. k^'+':..-pn -•v,. .:�. ,:m --.,. [+ nw- ... -i(•.i - ?.'v..x."♦' ib1 Y.br YUJR^W IPCIr .§i rq Mc'.''.1., ,4.1.i+M'x. :+.et+nz4,a,:,<.:..:. ..:.�++«y ;i' .^"src..na' S,+"s: :=1..R=t tD:vA-::r"A3N .rxMs.': 1�c..: ,§M,YR.W6.:.1« , , , - . . ..s. L:r+..Y:.,,a__ 4 ,n;7.rr_ ... _:__ , .As,-,s , ,:.>,__,.,s,::. K•:x-..:.;,,.... ._.€.-<__�.:..,a^ sN,-�:•e,. ....; 1 . ) '- � I ; ' I Ii l J I l ; ; !I . : PRELIMINARY P . U . D . PLAN : I I NOTES: I ® " I . A CURVE INFORMATION QS SH,, N ON A TABLE ON SHEET P1. CALEDONIA N � : I .,, I AREA INFORMATION ON SHE 1. I� BEING A SUBDIVISION OF PART OF SECTIC�I 17 , TOWNSHIP 37 NORTH , RANGE 7 EAST € 14o.ou' Iyu.uu OF THE THIRD PRINCIPAL MERIDIAN I N K I DALL COUNTY , ILLINOIS . �' r s G1ffi' 1. o o 0.7 r':... '' � `J 1` �, t :l 1.'7" 1 10 cy - 16 LM 0I ' I o �.. o .`' W., W ,_.,.x,7'15 .- m I i- . ti' 13 .a2' 108.44 s r 17 .87 Lo , 2 L 9 > r �$ _. , , .. , „ IST 889°3618 WI _ ' 1' �' 84.21 L LiT 2 11 „ _ 92;50 81'$1' 81.8 81.8 �o °3618 W d, ,, ,/ t o N8936'18 E 589 �' 1 9.86 589°3618 W, 89381��'' ,« € 3 V. 111 `� 5°25'59 w r lk 2 1 ;' 140.00' 140.00 0� 11 a 113 sa 11r0 14 69 _ 92 52, ;:, 64 X40:0 � o 60 , I j ' �` , ' 1. _ 146. 130 SCALE 1 = 100 yy�pp o o < -.,,.� 61 Ql IV ..__jV kn DO`i O O l0 OD ,'?" . 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E �-,.."m , 6� i ,• �4 ., � _ O N > O.' N r e° N N , 1 < N � p 12 I : : ' N 0- Ql : : �t,r, W W - _ _ y=' _ aL �7 - - -"" ` ;� 0 I o 58936'19"W ,,', �. : . I N893618,E I--- N » i 140.00 N8936'18"E NB936:18"E .� , m o "' I, 1" ? 5 4 140 00'° % i r 58936'18"W 9 7 140.0 0.0 10 sa L Q T 8 1...71 9 0' 9 0' 93618 W o �_ t o 0 0 2 8143.73' 1 139.79 14 , E 444 � 125 09 N m m;a a T I C'i E �4 - 1--- 1 10$'�� :'107 •106 5 " [ W 34 ' ZONES 9- w W -» «_.N I 81.81' 92.50' o f.... 'N d `v `. r r I c g N8936'18"E ` 58936'1'"W I �' 2.5 1.81. 9 Y 0 1 , . S NESS 1 � � ► N 140;00' .00„ 00 103 0 1, � � F T I � _ 140.00 �O 140.00 �1�.- E 1 F R N 3 , 140 .1 70 1 4 75 589361,8"W >, S89 1 58 r _ r � ._._ , .,_. tom., __l�}j-r _ �,� - •., -_ 8 ">101 2'' S8 6'18"W 95.00' 90. 0' 00 1 „ O 58936' W � �• �-, T • �/ 1 I 1 .•1� 'r� o 0 143.49 P' :N C? �. 134. 7' � a, m 'I 98> 99 0 2E �., - o �, 124 , SP I-E:- ,.� Fx , D No. 0t 120 . 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NQ936'18"E S8936'18"W \ 2 l": t, o R 0 T R U NIT CEN E : � � "° -. ;'. ,4 �,, '.o ., 40.00'' 153.0T "� - ��_ - - 589°36'18"W 9--nrn x -r � 9-°36-Ia ,. �.'' 8 f � __-,__ 0' C6 Nca.01 Slots 714 7fa ...._-r,3» ;w .. - 5 - Y ar C a ' - •1 ; . S 7 l o c ---; 121 I 40 a �r 012 8 , : » _ - � ,. ,e " kft''. 589361 _ m r = - 1N �,' � ,�. � __---__..-e� 142.7 S8936'18"W ti � " o i 4" 38,, 139:73 N8936r18'E ,•- E UNE'' ozrn LOT 1 «r' 140.00' OF EA$T" C E !. -GX�1• » �'. [ 1 !38 187. 8 E N N893 1 . Y 4 z 5 H OF I A(F ,. , . • > >• I s "" l' S^ O I ..• ; o o �, SEC n-37 7 0, 142.54' L rn m ` � � 79 » , „ .� o " ,. ,� _"_.".. 1 �nz us N. 2 0 , N89'36'18"E _E - ry ��� , N893618 E N8936'18"E o I cr) � -oi �m� . 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' T BE DEED ` PARK DISTR T; ' c .0 n :.. , BY SEPARATE DOCUMENT % AVENUE 000 72 .99 C • � � � � j1 . i'1 - 70.00;, 70�0' 70,0 0" r�C.A. - 4 • � p� � S l8 7 9 .fro. r ; , !1 s I , ( 15 506 AC ) ".� t THERETOFORE DEDICATED) - ,.. v I . Q ,• V , . r , / - � _.. - " _ , - - - ¢ j a° w Z No o E . Lft ter tr" '" ,o Z �� , a z. o o. o SOUTH UNE , ?) .� o �, o °r' 4� - A r'a OF NORTH > , • , a , Qa p :. "", _.. � HALF OF SEC 1737 7 ._... , , ,:Sa .. -. ", ,., , 0 QUARTER F - _ ��-. N L� cn O _ I r; 'Al E S C) o u� 46 - - - - - - m F r TER.0 E R �7 ' S.LINE O,ItF - NW QUARTER - - 4 4 - - .o ..__»__ F-.,.sEG-Ff'377 4- 19 z' - - _ I'! k C 43 r a;' 4 ..� 1 , 2 a o.or 9 c�a �g5 '' � �� °� I 4I I:} 70.02 ,7 0.02 70.02' - % r ->------->, ,_. uj YaRK INESS `, , , 99 CENTER .:v - , ,:� 4 E r- 0 - I .. - ; �1N r ' 29 9' 8$'1 , �, I , , .", » a t NORTH UNE `' DoIrls 718 OF SOUTH` . , [I ,! 11' SW CORNER OF EAST HALF OF REC>10 1 120008 + HALF OF a I { N.LINE OF SW QUARTER OF SEC 17-37-7 THE SE QUARTER OF NW SEC 17=37-7 °'�`' CORRECTED: i QUARTER"OF SEC n-37-7 f ;,- » _». i I 20500' as : 11 I - ------ --- --------._ � ?'m:_"„" -- L7ac.Na,20 14055 1 fI2f2000 EC O > R I c Y I{ ,. ., -:n ;;: --------------» CITY COUNCIL CERTIFICATE ,� ," !! 1:; _>,' I :F;--1� STATE OF ILLINOIS ) i i LETT 4 )SS t 1! �' - _ Fps-� � ) 1' ,A b � Tnv= s3an59 i \_ W.UNE OF LOT 4 COUNTY OF KENDALL) € 91 I THIS PLAT HAS BEEN APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF I 11THE UNITED CITY OF YORKVILLE, ILLINOIS, AT A MEETING HELD THIS DAY 3 ' } 1 , ii�i! 2 - ti,= 3 0 it I 1 r T BE DEEDED TO PARK D I STR I GT A,<' of A D. o0 f W.LINE� of THE EAST BY SEPARATE DOCUMENT R ' HALFIIIOF SW QUARTER "( 15.506 `AC. ) °� �` BYMAYOR 777=RK ATTEST: OF SEC 17-37-7 ,- ,$ ';r',''• �._. - . TW.UN COMMONWEALTH t33UE ;p > i EDISO ROW) 4 .. - _; �.� . �. r �1 !I i , EASTE LY UNE of 8�1 YORK �/ ILI� E BUSINESS LM� E H D ( GOMMO EALTH III { DISON TRACT. GEN �R SUB ) I � I ON PROPOSED EXISTING P OPOS D EXISTING a'.1 2000 I .. )': >, .1 S 0 18 Roo.10`lDa LT . 1, S1 t 7 � � NG R E N 00C'O STORM SEWER r VALVE AND VAULT 13: -} >••.••••••„•• ;, - SANITARY SEWERD ( WATER VALVE I I. -ww- , w- WATER MAIN 11; _ co E ra - , -- 11 I uI. ,� ; ��'S ' --G G -G r' GAS MAIN GAS VALVE I �1 '11fir 1 50 WATTS --En 1;---- -E-E- UNDERGROUND ELECTRIC UNE 7 T T T- UNDERGROUND TELEPHONE UNE 0 __, NAND HOLE ��, H P S L U M I N A R E D Lr' FLARED END SECTION I 111 F CONCRETE -oi ori -OH-OH-;Yr h'EV chzv UNDERGROUND CATV UNE I -3• I OVERHEAD WIRE(S)ON UFIUTY POLES STREET UGH( I I I LIGHT POLE t � i,1 I i rR.O.W. I - - - - - - WATERS'EDGE o ,•. All r > t! --- ._ -_ ss-' 66' R.O.W. 10' 0 R.0. x l F UTILITY POLE I m t,l, ,"C1U T L Q T A � �j,7 SANITARY MANHOLE ® TRAFFIC SIGNAL '+ EASEMENT EASEMENT I',.3 TRAFFIC SIGNAL BOX � ,! c .% 1' 5' 12' 3 0' 8-B 18' ` STORM MANHOLE rl 11.Is._. . .,, _ AXY 2' TREE I 6 ' CATCH 8AS1N , 1 , , 3' I ( ® ELECTRIC MANHOLE SIGN 1. 5" P.C. CONCRETE ( 1' TELEPHONE MANHOLE 1 M ', l AGGREGATEOBASE I I y M PROVIDE MIN. 6" Q ® INLET 1 ;: � FIRE HYDR TOPSOIL RESPREAI� ANT 1 • _•» __.__63 S_`.;...- u' ,>.- COURSE. THICKEN N 2% M N. � � CAeLETVUPRIGHr � � CONTROL POINT j - _ �r _ �s «` SIDEWALK TO 6 ATI 2.00% 2.00% $ HYDROSSEDING 3 I I i _ _- _ ._,>__ . DRIVEWAY CROSSINGS z (TYP. ) ® ® TEIFPNONE UPRIGHT l EXISTING CONTOUR (j) _ `v 4•:.. _ B-BOX g I { FIRE HYDRANT I 1 _ I GRADE SIDEWALK GBO - PROPOSED CONTOUR I �''' '. _ _ I ( n RING IiI I i.1 I OSTORM ``s it 1 3 r, ear>,..`.--=-_;_ I WM COMB. CCAG TY. B6.1 2(T P. ) ''' l!I _ __ REVISIONS DATE 1-28-03 „ i, �,�,._• CURB AND GUTTER „_ 31 I 11( s - AN I TARY 11 }a� s� „_,- - �„ „•..•• � _> ��w 1 I -• s " `�,: •`-".", U FACE COURSE (1 I z ) 02/14/ 3 9 ' B I CONC B 1 DER OURSE (212,) JOB N0 3317 . .tm MI:;-Go . :: " ....- 10T AGGREGATENBASECCOURSE A 1- : : 1 ' - FC) H [EVIFEW a05/17/D3 FILENAMER • •'1 II I I - .., ::- '.a,.•-_ ...- I 17PRESUBD02 ! I� © � 07/11/Q3 9575 W. Higgins Road, Suite 700, LTHE UNITED CITY OF YORKVILLE TYPICAL STREET SECTION hit-- I{ NaT To scALE 07/23 103 Rosemont, Illinois 60018 SHEET !a I I T Phone: (847) 696-4060 Fax: (847) 696-4065 2 OF 2 I I II �IhI 51 I i,! !I 11! 1. I