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Committee of the Whole Packet 2003 12-16-03 4United City of Yorkville � County Seat of Kendall County EST 1836 800 Game Farm Road ��= CO Yorkville, Illinois 60560 o �� ci \ o Phone:630-553-4350 'A ...7 W �= Fax:630-553-7575 � �.`lt L E `sv AGENDA COMMITTEE OF THE WHOLE Tuesday, December 16, 2003 7:00 PM City Conference Room REVISED: 12/12/03 Public Hearing: None Presentation: 1. Transportation Study by Smith Engineering 2. Feasibility Study for Eastern Bridge Crossing by Smith Engineering 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. Coffee with the Mayor: December 20th at Book'n Around from 9:30 - 11:30 a.m. 2. Eldamain Road Jurisdictional Transfer 3. Resolution for Revision of Sanitary Sewer Maintenance Fee - COW 11/18/03 4. Employee Manual - Update Economic Development Committee: 1. Yorkville Hill Landscaping PUD Agreement - COW 11/18/03 2. Gary & Susan Kritzberg Development Agreement - Plan Comm 11/12/03 3. Raintree Village PUD Amendment - public hearing @ 11/25/03 CC 4. Richard and Valerie LaBerge Annexation Agreement - public hearing @ 12/9/03 CC 5. Gary and Lelalu Maxwell Annexation Agreement - public hearing @ 12/9/03 CC Park Board: 1. Resolution Approving Athletic Field Policy Public Works Committee: 1. Acceptance of Fox Hill Units 1, 2, 3, 4, 6 and Route 34 Improvements • 2. Water Treatment Buildings - Façade Selections 3. Hydraulic Breaker for Skidsteer 4. South PRY Station Easements • Page 2 Committee of the Whole December 16, 2003 Public Safety Committee: 1. No Report. Administration Committee: 1. Investment Policy - Admin 12/11/03 2. RFQ for Facility Master Plan - Admin 12/11/03 Additional Business: • • `s.D C/T 0, United City of Yorkville EST. y i6 County Seat of Kendall County iro .4 800 Game Farm Road .4 N Yorkville, Illinois 60560 ��� Q Phone:630-553-4350 Fax:630-553-7575 LE \‘'v AGENDA COMMITTEE OF THE WHOLE Tuesday, December 16, 2003 7:00 PM City Conference Room Public Hearing: None Presentation: 1. Transportation Study by Smith Engineering 2. Feasibility Study for Eastern Bridge Crossing by Smith Engineering 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. Coffee with the Mayor: December 20th at Book'n Around from 9:30 - 11:30 a.m. 2. Eldamain Road Jurisdictional Transfer 3. Resolution for Revision of Sanitary Sewer Maintenance Fee - COW 11/18/03 4. Employee Manual - Update Economic Development Committee: 1. Yorkville Hill Landscaping PUD Agreement - COW 11/18/03 2. Gary & Susan Kritzberg Development Agreement - Plan Comm 11/12/03 3. Raintree Village PUD Amendment - public hearing @ 11/25/03 CC 4. Richard and Valerie LaBerge Annexation Agreement - public hearing @ 12/9/03 CC 5. Gary and Lelalu Maxwell Annexation Agreement - public hearing @ 12/9/03 CC Park Board: 1. Resolution Approving Athletic Field Policy Public Works Committee: 1. Acceptance of Fox Hill Units 1, 2, 3, 4, 6 and Route 34 Improvements • 2. Water Treatment Buildings - Façade Selections 3. Hydraulic Breaker for Skidsteer • Page 2 Committee of the Whole December 16, 2003 Public Safety Committee: 1. No Report. Administration Committee: 1. Investment Policy - Admin 12/11/03 2. RFQ for Facility Master Plan - Admin 12/11/03 Additional Business: ID S UNITED CITY OF YORKVILLE AGENDA • COMMITTEE OF THE WHOLE Tuesday, December 16, 2003 7:00 PM CITY CONFERENCE ROOM REVISED: 12/12/03 STATUS: PRESENTATION: I c i cG-47`; •2-k fyi 1. Trans ortation Smith En ' ee�1Ri,14eA1,-)---), P Study by � g 2. Feasibility Study for Eastern Bridge Crossing by Smith Engineering • MAYOR: 1. Coffee with the Mayor: December 20th at Book'n Around from 9:30 - 11:30 • 2. Eldamain Road Jurisdictional Transfer 3. Resolution for Revision of Sanitary Sewer Maintenance Fee - COW 11/18/03 4. Employee Manual -Update • • ECONOMIC DEVELOPMENT COMMITTEE ?(r..4,..ei%a '�,�wz, j42v UZ4 (�� if LI .Pit- Yorkville Hill Landscaping PUD Agreement - COW 11/18/03 ,..c i j 2 _ ��csc.a , ,1417 (c a r.)ct i___ lir ary& Susan Kritzberg Development Agreement-Plan Comm 11/12/03am �..? C 5'2-C7 7���' �, .FL 554 2‘"7-1j-'715<- / '"(4-t=u."4-t.o-- • ,.C;,4) t) - ,--,--- f /914----4---1- -, �.y- - --- 1J - . Raintree Village PUD Amendment - public hearing @ 11/25/03 CC 11[7> chard and Valerie LaBerge Annexation Agreement - public hearing @12/9/03 CCii -/„ a:t.j1),,,_ q _ 1,...)(741-/ ,‘ 7 ,,,., use jls ,i f J- -' l,G'L 16 e'tt 5. Gary and Lelalu Maxwell Annexation Agreement- public hearing / @ 12/9/03 CC . t , . PARK BOARD: 0 cC& 1. Resolution Approving Athletic Field Policy • PUBLIC WORKS COMMITTEE: t / dle,41-----'�L� ‹ .5. z A. . / ( (s)L-2') iv 1. Acceptance of Fox Hill Units 1, 2, 3, 4, 6 and Route 34 Improvements yam' 06-;)'7---e----- 2. Water Treatment Buildings -Façade Selections X45 ?' 0 t`'v ,,, _i( �u3. Hydraulic Breaker for Skidsteer 4.eidil....„ .4 e 4 Tz/,A 4d ‘1. �ily 4. South PRV Station Easements PUBLIC SAFETY COMMITTEE: L.r 1. No Report •.DMINISTRATION COMMITTEE: G' - FC t4-1,-) 0/ 1. Investment Policy- Admin 12/11/03 2. RFQ Request for Facility Master Plan- Admin 12/11/03 ( Additional Business ;��� � (,,k,12,ec tie/, j- a„be c„_.. / e_ / • UNITED CITY OF YORKVILLE To: Tony Graff, City Administr for From: Joe Wywrot, City Engineer Subject: South PRV Station Easemeri Date: December 12, 2003 We have been working with Tommy Hughes to obtain an easement for the south pressure- reducing valve station on his property just south of McDonalds on Route 47. We have tentatively agreed that the city will purchase the easement for $9000, which is the same amount Tommy received for an easement with Ameritech a few years ago. Wiseman-Hughes is currently constructing the Route 47 watermain that will connect to the PRV Station. I called Tommy to see if he would allow them to enter onto his property before the easement is formally approved. His attorney (Greg Ingemunson) has advised him to have a letter of agreement quickly put together that would obligate the city and Tommy to sign the easement. I spoke to Kirk Hiland of Wiseman-Hughes, and he is willing to delay that section of watermain construction until after New Year's Day but doesn't want to wait any longer. If the letter of agreement takes longer than that, he would like to construct the watermain in the MOT right-of-way instead of in the easement. From our prospective, we would like to have the watermain located in the easement if at all possible. In order to meet Wiseman-Hughes' timeframe, we would need to place this item on the December 16, 2003 Committee of the Whole agenda, then approve the letter of agreement at the December 23rd City Council meeting. Dan Kramer or Greg Ingemunson would need to prepare the letter of agreement by then. I had already sent a memo to Dan (see attached) to begin preparations of the formal easement document. Please see me to discuss this matter. / / UNITED CITY OF YORKVILLE To: Dan Kramer, City Attorney From: Joe Wywrot, City Engineer Subject: Access and Utility Easement — outh PRV Station Date: December 5, 2003 We have been in discussions with Tommy Hughes regarding an easement we are seeking along Route 47 just south of McDonalds. The easement is for a pressure reducing valve station, which is a point of connection between two water pressure zones. Attached find a copy of the Plat of Easement for the station. We have tentatively agreed with Tommy that the cost of the easement will be$9000. Please prepare the easement document for this item as soon as possible and forward it to me for review. It should also include restoration of disturbed areas. If you need additional information, please call me. Cc: Tony Graff, City Administrator 11/14/2003 16: 16 FAX 630 553 5764 DANIEL J. KRAMER a006/010 ....• •..;, .... 1 v1 n v a . •C ..rvv v.....1 ,v 'Y • r I,-Jones Rd. LT;sew°rave 19 Rovk• 1�' KP.NE _t / _ Baseline Rd. Rd. to i rilk4. , - :• . �_, � , / r r ti '9 2 2 1'i\ +� iet 6 r , 5 4 3 '....... . )., AmT • . 1 r."-" i m m 6 R /• ! 11 1�. I 21 B .�/ 9 ti 1C '1 . Henning Rd. ` re r Rd. 1\ . Rd'. Comeits � Y �' / .- , tN -' �:i 15 '1 111 1 MILEw 1 a '` 'Rc,,y;-. ,.kt..,i,, 1B ° ° `" m.fit';^`,; �]�( ki.l. �a r•�• Plii�■ ,, p j <r•1lr :,cI •/^t.. .y ,. o CR ,t .. Lfr''1; a?TJ-: ��rA•• R r; ti Sr/•• 11 S Isr I,+teayrol IP, h a ,rt�F► r "4.:.51 f,7,4 1' ,'ka":,FeN� IoL 1e,[On, fid. • ' �O -- Ii ....•,,,-, p ,L�``it r: t I,, �'l f'�' 4 20 22 21 :g e,� ,. 1' r ,` .t` 24 )j:i'I k c�' a 19 r ill 1...4..,...„4 :,...„ d7 ,/ill:0 ki.Au t ' •' , �(ij�` 11 .,fa., 'i r ryr yra � NMI �- Tune 1'V• ��DP,1I+ • r I ,�1 t 1`� jr•t�� j �I' �r o,,,,. 1irfrit•-111."."." ...."...IIMIWA , gs •. WSW or'Rd. -c-771 �y'H■ h �,ri1 tl f 1r , 1 7,'' L - Ii rt � 'f t` 2 �; I JURISDICTIONAL TRANSFER 6 St. ' =F t i -'ELDAMAIN ROAD- • 9lackhawk, City of Yorkville To Kendall County M:ream) cr, .e Rd. rF.A • 0.32 Mles� 41 err f,Fi ; 38 F • • 34 Ie:Slyer 112i...1--',. .1,-,.y.:4..'.-.:47::-,:f:,,‘i �r=_ t �.. 31 - '..,fir it &&&&& 9 in..+tet; _ • (h : r c Rlaherd 4�!�' ` {��6 r ,9 l i' y'ri Qidifil ?•�� >✓I,� \ Your D ��� a k i rti""'";% ! Ira #���.�' - �' 1: 4N ,,,..,...,.....,..,,,:,..i:4.:,,,.....,........,, 1 ;IRd. 1 5` . 1 4 Yor PpQ ♦ y. °': 4rr'.'-,...... . cr 1 �114*. �,i s l,t;�� r1t" '3-+.-I +Y°' r 1 B1 iIP � 4 r 1,:h7 i �T` Ire 'd '`� y.'r,i7a • 11111111k Kendall nrrWm.. =` - y„ 3 Fahgrou .Bo..ii .� 1. Meadow x 4� r' oe Lou •Z,.----- 'J'4,- _ ll c �[kg 10 \ '\ '' .f:71.-" •-i:. 4.2u ) ag ' t..., Rd. „dim I 1 i iron 1� 1,l 6v� 1 • ),, 16 , cc UrIt 1�•. , -.Th.... 14 13 L,; � 17 ,a _ . Ic i `� $ " SUPPLEMENT #1 6 21' 1 / 22. • 41?p._. 24 ':1 19 . ' — ` - !` J LOCATION MAP N. •,�` IV lAl1{.s._***--"'""-•-�! .i /� j ' .1... mo., . -. 11/14/2003 16: 16 FAX 630 553 5764 DANIEL J. KRAMER 1?)007/010 KENDALL COUNTY Resolution No. Providing for the addition of a portion of Eldantain Road(CEI 7)to the County Highway System WHEREAS. the County Board of Kendall County and the City of Yorkville have entered into an agreement to transfer jurisdiction of Eldamain Road.to Kendall County, THEREFORE, BE IT RESOLVED, by the County Board of Kendall County, and subject to review and approval by Illinois Department of Transportation, that Eldamain Road from the south corporate limits of Yorkville,a point approximately 1700' south of U.S. Ratite 34,and extending northerly to U.S.Route 34,be added to the highway system of Kendall County. BE IT FURTIIF.,R RESOLVED, that the Kendall County Clerk is hereby directed to forward three certified copies of this Resolution to the State of Illinois through its District Engineer's Office at Ottawa, Illinois. STATE OF ILLINOIS ) ' ) SS COUNTY OF KENDALL ) I,Paul Anderson, County Clerk in and for said County,in the State aforesaid, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Kendall County Board,at its regularly scheduled meeting in Yorkville, Illinois, on the day of ,AD. 2003. Pau]Anderson—Camay Clatk (peal) SUPPLEMENT#2 11/14/2003 18: 16 FAX 630 553 5764 DANIEL J. KRAMER a008/010 ,f� DRAFT ,,. . . (....../. IjEXAMPLE . M nicipal Ordinance No. ,,;i Providing for the (addition, deletion) of street from . to `: (to, from) the Municipal Street System of the (City, Town, Village) of County, Illinois. . < whereas the (City, Town, Village) of and the (County, State) of • under date of 19 , entered Into en agreement for transfer of Jurtsdictio (pti • of - Street to 'the- nicipal Street, County Highway, State Highway) System. Now, therefore, be it ordained by the (City Council ) (President and Board of • Trustees). of the (City, Town, Village) of that . Street �' from to _ be Padded to, deleted from) the fluntcipal Street System. . Y.; The (City, Town, Village) Clerk 1s directed to forward a •certified copy of this Ordinance - the State of Illinois through its District Engineer's office at . Illinois Certificate - I, , (City, 'Town, Vifl age)-Cl ark in and 'for the (City, Town, Village) of in the County of in the State. of Illinois, and keeper the record and files thereof, as provided by statute, , do hereby certify the foregoing to be.a true, perfect and cam l ete copy of an ordinance passed. by the (City council (President and Board of Trustees• of the (City, town, Village of at its rneeti n4 .held on 19 `. In testimony whereof, I 'have hereunto set my hand and affixed the seal of (City. Town, Village) at nay office this _ A.D. . •19 • • r (Seal ) (City, Town, flhlage) cleric , 4.i. , -22- • 11/14/2003 16: 16 FAX 630 553 5764 DANIEL J. KRAMER a 009/010 • INTERGOVERNMENTAL AGREEMENT Between KENDALL COUNTY AND CITY OF YORKVILLE WItEREAs,City of Yorkville,hereafter referred to as"City",has entered into an agreement with Kendall County, hereafter referred to as "County". to transfer jurisdiction of Eldarnain Road to the County beginning at the south corporate limits of Yorkville, a point approximately 1700' south of U.S.Route 34 and extending northerly to U.S. Route 34, and; WHEREAS, the City desires to ensure that Eldarnain Road will continue to attract new commercial and industrial users and provide said users adequate access and other transportation- related efficiencies,and; THEREFORE,KENDALL COUNTY AND CITY OF YORKYILLE MUTUALLY AGREE.that said parties will adhere to the following recitals in administration of the construction, maintenance and permitting activities on that section of Bldaanain Road identified above, end including new sections of Eldarnain Road that will become incorporated into Yorkville in.the future: 1. The County shall"grandfather"all existing non-agricultural entrances and allow them to remain in perpetuity. • 2. The County shall allow one full-access to the east side of Eldarnain Road for the Fox Hill—Unit 7 Subdivision. 3. The County shall allow one additional full-access to the east side of Eldamain Road between U.S. Route 34 and the Pox Hill —Unit 7 Subdivision for the commercial- zoned property at this location, provided said entrance conforms in all other ways to the Kendall County Highway Access Ordinance. 4. The County, in its administration of the Kendall County Highway Access Regulation Ordinance,will classify Eldamain Road between River Rnad and Galena Road as an Access 2 Highway, allowing full-access points not less than every 1/3 mile. Nothing will prevent the County from seeking a Beater access spacing if both parties agree that the greater spacing will still adequately serve industrial or residential developments in the future. • 5. The County agrees to maintain Eldamain Road within the Yorkville corporate limits as an 80,000#truck route. 6. In the spirit of intergovernmental cooperation,the Countywill work with the City of Yorkville to foster economic development along the Eldamain Road Corridor,insofar as administration of roadway issues can achieve this end. • SUPPLEMENT#4 11/14/2003 16: 16 FAX 830 553 5764 DANIEL J. KRAMER Z010/010 • 7. The City will require new development to reserve and dedicate to the County not less than 75' of right-of-way for Eldamain Road;measured from the centerline of road to the right-of-way line,and providing a total right-of-way width of 150' 8. Considering the mutual benefits derived from an efficient transportation facility, the City, in negotiating any new annexation agreements,will pursue funding from the developers for improvements to Eldamain Road. These funds will be made available to the County to improve the road so that it will be functional in both capacity and structure. • • FOR Tux Courrrir FOR THE CITY NAML John Church NAME Arthur Prochaska • TITLE County Board Chairman Trrue .Mayor SIGNATURE SIGNATURE Subscribed and sworn to before me this day of , 2003 Notary Public 12/12/2003 09. 53 FAX 630 553 5764 DANIEL J. KRAMER 1002/008 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO: 2003- RESOLUTION ADOPTING AND INCOPORATING YORKVILLE-BRISTOL SANITARY DISTRICT ORDINANCE 2003-6 AN ORDINANCE AMENDING A CERTAIN ORDINANCE KNOWN AS "AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS,PRIVATE WATERWATER DISPOSAL,THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM AND PROVIDING PENALTIIES FOR VIOLATION THEREOF, IN THE YORKVILLE-BRISTOL SANITARY DISTRICT,COUNTY OF KENDALL, STATE OF ILLINOIS AS PASSED AND APPROVED ON THE 15TH DAY OF SEPTEMBER, 1975 AS AMENDED" WHEREAS, the United City of Yorkville through its City Council,Mayor, and City Staff, have strived to provide a harmonious relationship with other governmental bodies; and WHEREAS, the UNITED CITY OF YORKVILLE through its City Council, Public Works, and City Engineering Staff has diligently reviewed the terms of Yorkville-Bristol Sanitary District Ordinance 2003-6 attached hereto as Exhibit "A" and has determined it in the best interest of the City to adopt and incorporate said Ordinance; and WHEREAS, the UNITED CITY OF YORKVILLE through its City Council has determined that it should adopt and incorporate the Yorkville-Bristol Sanitary District Ordinance 2003-6 providing for the separate metering and billing for each industrial, governmental and commercial users in the event multiple industrial, governmental or commercial users are located within one(1) building serviced by one (1) meter, and that the billing for such multiple industrial, governmental or commercial users shall be on the basis of the one (1) meter reading, —1— 12/12/2003 09:53 FAX 630 553 5764 DANIEL J. KRAMER 1?j003/006 and shall be directed to the person in whom said meter is registered: NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those Aldermen so voting hereby adopts and incorporates the User Charges as set out in the attached Exhibit"A". 1. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict with this Ordinance. 2. This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. 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. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 20 _. Attest: CITY CLERK —2— 12/12/2003 09 53 FAX 630 553 5764 DANIEL J. KRAMER Z004/006 • Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —3— 12/12/2003 09.53 FAX 630 553 5764 DANIEL J. KRAMER Z005/006 Le a CLUJ J: ourn k.1'Gy OT T orKvl L le ORDINANCE NO, 2003-6 AN ORDINANCE AMENDING A CERTAIN ORDINANCE KNOWN AS "AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS. PRIVATE WASTEWATER DISPOSAL. THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM;AND PROVIDING PENALTIES FOR VIOLATION THEREOF,IN THE YORKVILLE- BRISTOL SANITARY DISTRICT,COUNTY OF KENDALL,STATE OF ILLINOIS AS PASSED AND APPROVED ON THE 15TH DAY OF SEPTEMBER, 1975 AND AS AMENDED" BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE YORKVILLE-BRISTOL SANITARY DISTRICT OF KENDALL COUNTY, ILLINOIS: That a certain ordinance regulating the use of public and private sewers and drains. private wastewater disposal. the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system; and providing penalties for violations thereof, be, and the same is hereby amended as follows: ARTICLE Val THE USER CHARGES Sectipit 9: For the purposes of this Ordinance, Users shall include, but not be limited to. each individual dwelling unit; each separate business operation: and such similar classification as will be in general harmony with the spirit of this Ordinance. For the purposes, however, of billing for industrial, governmental and commercial users, that in the event multiple industrial,governmental or commercial users are located within one ( I ) building serviced by one (1) meter, that the billing for such multiple industrial. governmental or commercial users shall be on the basis of the one(1) meter reading, and shall he directed to the person in whom said meter is registered. Collectibn of sewer users charges as imposed in Section 3 hereof shall be imposed against all users and shall be collected therefrom, providing; however, that with regard to multiple residential dwelling units. "User' is hereby defined to mean the owner of the multiple unit dwelling, and collection of the charge as determined by the number of residential units shall be imposed against the owner. 12/12/2003 09: 53 FAX 630 553 5764 DANIEL J. KRAMER 11006/006 Di ? 2003 3: 58PM City of Yorkville bbu-ooa- /oia P' c This Ordinance shall take effect and be in full force from and after its passage and publication in accordance with the taw. ADOPTED by the Board of Trustees of the Yorkville-Bristol Sanitary District this day of 6 c e .2003 by the following vote, Ayes: 2- Naycs: fl Absent: at, Lir al% Presig 'o e Board of Trustees Yorkvillc-Bristol Sanitary District ATTEST- . lerk of the Board of Trust Yorkville-Bristol Sanitary District 12/12/2003 03 55 FAX 630 553 5764 DANIEL J KRAMER Z002/011 STATE OF ILLINOIS ) 11-10-03 )SS COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF YORKVILLE HILL LANDSCAPING This Annexation and 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 YORKVILLE HILL LANDSCAPING,hereinafter referred to as"OWNER/DEVELOPER". WiTNESSETH WHEREAS,OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit"A"attached hereto,consisting of approximately 5.07 acres,more or less(hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached hereto and incorporated herein as Exhibit"B";and WHEREAS,OWNER/DEVELOPER is the owner of real property which is die subject matter of said Agreement comprising approximately 5.07 acres,more or less; and WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY;and is not located within the corporate boundaries of any other municipality;nor is any portion thereof classified as flood plain;and WHEREAS,the CiTY and OWNER/DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the B-3 Service Business Zoning Use shall be exclusively for a landscaping business and providing for storage of nursery stock, landscaping materials and equipment and retail showroom. WHEREAS,it is the desire of CiTY and OWNER/DEVELOPER to annex PROPERTY and 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 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 to provide rezoning ro a B-3 Service Business Zoning Usc said parcel;and WHEREAS,it is the desire of the CiTY and OWNER/DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions —I— 12/12/2003 09 55 FAX 630 553 5764 DANIEL J. KRAMER IA003/011 of this Agreement and the Ordinanc s of the CITY; and WHEREAS,OWNER/DELOPER and CITY has or will perform and execute all acts required by law to effectuate such greement;and WHEREAS,it is the intent4f OWNER/DEVELOPER to design a storm water management system for the subject ROPERTY 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 i 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 B-3 Service Business Zoning Use as set forth in the attached hereto and incorporated herein as Exhibit"B'; and WHEREAS, the OWNER/DEVELOPER agrees to abide by the landscaping provisions of which are 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: A. That the subject real property described in the attached Exhibit"A"shall be annexed to the CITY and that the development of said property shall be subject to approval of all Ordinances of the CITY; Site Plan approval,engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance,City —2— 12/12/2003 09 55 FAX 630 553 5764 DANIEL J. KRAMER 0 005/011 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 shrill 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 roved PreliminaryPlat,Preliminaryand Final q PP Engineering Plans approved by the City Engineer. 4. That off-site improvements for the provision of water,sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CITY agrees to negotiate with 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 OWNERJDFVELOPER,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>cquisition of easements or permission to use easements from Kendall Township,Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of —4— 12/12/2003 09: 55 FAX 630 553 5764 DANIEL J. KRAMER lI006/011 OWNER/DEVELOPER. E. The Planned Unit Development being approved,as part of this Agreement shall be constructed in substantial conformance with the Site 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 Final Site plan to provide the buffering and screening agreed to as set out in the Preliminary Site Plan for The Subject Property and Exhibit"C". Prior to approvglpf„,brxFiy_11 Site Plan,OWNER/DEVELOPER agrees to obtain an estimate cost„pt the landscape improvements reference _L,q„jarahihit"C"'and agrees to post a letter of credit or bond with the,(MI"I;Y_fQr thhJmnunt of said landscape improvementl, CiTY agrees Ln rgd,Ltgg and/or release the letter of credit or bond fir Lhc Ign iscaping improvements in accordance with th,e.p licies in place at the time of execution of this Agreement. Thi QWNE;IVDEVEL,OPER areea tbpt pror.to the issuance of any building permit the site will conform to the(DIY Lanc�. crrpi ng Ord i Hance, 1, Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER to the CITY of a Final Site Plan("Final Site Plan"), final landscape plan("Final Landscape Plan")and final engineering plans("Final Engineering")for the Development,which substantially conform with the Preliminary Plans as to such Phase of Development,the CiTY shall promptly approve such Final Plan So long as it is in substantial conformity with the approved Preliminary Plan,and that DEVELOPER is not in material breach or default as to any terms of this Agreement,Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to(i)the posting of the applicable Security Instruments,as defined in Paragraph I of this Agreement, for such Phase of Development,(ii)the payment of applicable fees to the CITY as provided for in this Agreement and(iii)the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat,Final Landscape Plan and Final Engineering are referred to herein collectively as the"Final Plans". G. AMENDMENTS TO ORDINANCES. All ordinances,regulations,and codes of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm water management and drainage,building requirements,official plan,and related restrictions,as they presently exist,except as amended,varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five(5)years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council,so long as said changes are applied uniformly throughout the City. 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 —5— 12/12/2003 09. 55 FAX 830 553 5784 DANIEL J. KRAMER l 004/011 Reimbursement of Consultants and of Review Fees Ordinances,Municipal Building Fee, Weather Warning Siren Fcc,City Land-Cash Ordinance,and City Development Fee Ordinance, payable at the time of Site Plan approval,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. That OWNER/DEVELOPER shall permit the CITY Building and Zoning Department to inspect the PROPERTY to determine the improvements to be completed. B. OWNER/DEVELOPER,except to the extent varied by this Agreement the Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement. No change in the United City of Yorkville Zoning Ordinance,Subdivision Control Ordinance,City Reimbursement of Consultants and of Review Fees Ordinance,and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,performance standards,or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers,however,will be bound by changes in building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date of this Agreement,the City will allow the OWNER/DEVELOPER to comply with reduced standard. 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 Site Plan. D. Sanitary Sewer Facilities, 1. The OWNER/DEVELOPER shall cause the Subject Property,to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol"or"YBSD")for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol should said service be extended within a distance specified by Ordinance to the PROPERTY. 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/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 —3— 12/12/2003 09:56 FAX 630 553 5764 DANIEL J. KRAMER [2008/011 amends,regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement,including the payment of any fees,have been reached through a process of good faith'negotiation,both by principals and through counsel,and represent terms and conditions that are deemed by the parties to be fair, reasonable,acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid,addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F.Prochaska,Jr. 800 Game Farm Rd. 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/ Yorkville Hill Landscaping DEVELOPER: 8591 Route 126 Yorkville,IL 60560 With a Copy to: Attorney John McAdams 624 W.Veterans Parkway Suite D Yorkville,IL 60560 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 Corralled S nt fes(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 —7— 12/12/2003 09 56 FAX 630 553 5764 DANIEL J KRAMER Z 007/011 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 authonty, 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. H. 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 ,in compliance with the requirements of said ordinance,and shall adopt the resolution acceptingoeietea:rig Phan of Oc topme u said public improvements not later than thirty(30)days following the apprnva,of the as built Deleted:submission 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 upun 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/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 terns and conditions agreed upon by the parties hereto and no other prior agreement,excepting the Annexation Agreement it —6— 12/12/2003 09.56 FAX 630 553 5784 DANIEL J. KRAMER a 009/011 • 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 Cornpiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto,without the consent of the owner of other portions of the Subject Property not affected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER to sell or convey all or any portion of the Subject Property,whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER,and their successors or assigns,to develop the Subject Property in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement. .The term of this Agreement shall be for five(5)years. In the event construction is commenced within said five year period all of the terms of this Agreement shall remain enfmeablc despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER, Captions and Paragraph Readings. 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 the expense of OWNER/DEVELOPER. Recitals and Exhibits. The recitals set fonh at the beginning of this Agreement, and the exhibits attached hereto, arc 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 —8— 12/12/2003 09 56 FAX 630 553 5764 DANIEL J. KRAMER Z 010/011 • permits that may bc 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 bc required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property,the CITY,the OWNER/DEVELOPER,including,but not limited to,county,state or federal rcE.ulatory 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 —9— 12/12/2003 09 56 FAX 630 553 5764 DANIEL J. KRAMER VI011/011 OWNER/DEVELOPER: YORKVILLE HILL LANDSCAPING Attest: Dated -10- 12/12/2003 12 56 FAX 830 553 5784 DANIEL J. KRAMER EA001/001 L--- „ .-) ,--) 4-7, ------ -.7"... .1---- ) United City of Yorkville „ .1--^=' County Seal of Kendall County EsT 183e 800 Game Farm Road CA Yorkville.Illinois 60560 C LI 6 Phone:630-553-4350 'Q�4-". v itLE \‘' Fax:630-553,7575 December 12, 2003 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Kritzberg Zoning Dear Ladies and Gentlemen: Please be advised that the above referenced petitioners are seeking to rezone their property located on Route 47 in the United City of Yorkville. Due to some concern raised by the Plan Commission, the Petitioners are negotiating Development Agreement with the City. At this point in time there are a few legal questions I am researching to determine whether the City can implement certain requirements. There will be a completed Development Agreement available at the City on Monday, December 15, 2003. Should you have any questions please feel free to contact my office. Ve y ly yours, Kelly A. Kramer Attorney at Law , CkT !1)i4c: ,5 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR GARY AND SUSAN KRITZBERG Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 1 DEVELOPMENT AGREEMENT This Development Agreement, hereinafter referred as to "Agreement", is made and entered into this day of , 2003,by and between GARY AND SUSAN KRITZBERG, hereinafter referred to as "OWNER/DEVELOPER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER/ DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is the Owner of certain real property, hereinafter referred to as "Property", located in the CITY and legally described as set forth in Exhibit"A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is located within the United City of Yorkville and is currently zoned R-2 One Family Residential District and is commonly known as 308 N. Bridge Street, Yorkville, Illinois; and WHEREAS, the OWNER/DEVELOPER has petitioned the CITY to rezone the property to B-2 General Business District; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER/DEVELOPER has informed the CITY that they intend to utilize the property as a retail establishment specializing in the sale of assisted living equipment and services; and WHEREAS, the DEVELOPER, their vendors, grantees, assigns, successors, trustees, and all others holding any interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any future owner or developer and their representatives; NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I LANDSCAPE AND BUFFERING The OWNER/DEVELOPER agrees that they shall comply with and conform their landscape improvements to the Site Plan attached hereto and incorporated herein as Exhibit "B". 2 ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be pursuant to the preliminary site plan approved by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit "B" which shall further contain all preliminary landscape requirements to be developed on site. ARTICLE III PROPERTY USE The OWNER/DEVELOPER and CITY acknowledge that the Property is rezoned to B-2 General Business District, and any permitted uses as defined by the United City of Yorkville Zoning Code B-2 General Business District shall be allowable uses on the Property. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date the date of execution by the parties. ARTICLE V MISCELLANEOUS PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. B. The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby. C. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail, postage-prepaid, return receipt requested, to the Parties at the addresses given below or at such other address as may be specified by written notice. 3 If to OWNER/DEVELOPER: Gary and Susan Kritzburg 1217 Game Farm Road Yorkville, IL 60560 It to the City: United City of Yorkville United City of Yorkville Attn: Daniel J. Kramer, City Attorney Attn: Tony Graff, City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville, IL 60560 Yorkville,IL 60560 IT WITNESS WHEREOF, the Parties have executed this Agreement this day of , 2003. United City of Yorkville, Illinois By: Arthur F. Prochaska, Jr., Mayor ATTEST: City Clerk OWNER/DEVELOPER: Gary Kritzberg Susan Kritzberg 4 EXHIBIT LIST Exhibit"A" - Legal Description Exhibit"B" - Preliminary Site Plan &Preliminary Landscape Plan 6 Exhibit "A" Legal Description of Property (308 N. Bridge Street, Yorkville,IL) Sought to Be Rezoned: LOT 3 AND THE NORTH 1/2 OF LOT 4 (EXCEPT THE SOUTH 15 FEET OF THE SAID NORTH 1/2 OF LOT 4) IN BLOCK 16 OF THE ORIGINAL VILLAGE OF BRISTOL, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS t '� w - / RSL : .. y SNI `'' / - - i'7i ll, t ,' • ., 1 11UI1 titl)l!' N •-.'\, I" , ll�i drllh{IP 1 .-l'� ,�1�hNl ' k11 i1fI1>uI i) I,`ill I �1iI ,I II,IIIII'llipkl, flldy, •• .. 4 �1,„,„:1�1i1I Il, !Ili, , -:I, k��V, I d 1,,-,11,-,,,,..10,,,I,'I) }lIf GG ''1',11,,,,,?i ) dil' it a �'i 1111•'t�'',I•.' t! lig . p ,,.Is I' a II,�,lirtI�dl 1 t ,N�9 ,I y 1 kd� 'I' 9II ,°I�rllN•�� •'e,10,11[••,,I f 1 4,, .. M t1 t { �J' 1.,itcu 111P.N. ?,Il• OVrFii'�i�ki'Mt LI''! i�'li ji!1l 111 J ,i. 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I _ ��E�w, 1111 I; a, I t - • 71,02„ .E..d (.. �t e•z(�y � u r 1P L•H,,.5 cky-E' vJor. a rAl' 5,G '. 7: 12/12/2003 09:50 FAX 630 553 5764 DANIEL J. KRAMER Ij 006/011 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, A MUNICIPAL CORPORATION,AND RAINTREE VILLAGE, LLC, OWNER/DEVELOPER, AN ILLINOIS LIMITED LIABILITY CORPORATION NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located in the County of Kendall, State of Illinois, hereinafter referred to as "CITY", and RAINTREE VILLAGE, LLC, an Illinois Limited Liability Corporation, hereinafter referred to as "OWNER/DEVELOPER". WITNES SETH WHEREAS, RAINTREE VILLAGE, LLC has become the Successor-Owner and Developer of Raintree Subdivision formerly known as The Highlands Subdivision, and the CITY have previously entered into a Planned Unit Development Agreement for said Subdivision;and WHEREAS, a portion of the subject real property designated in the attached Exhibit"A" was to be developed as open space pursuant to the Planned Unit Development Agreement; and WHEREAS, after consultation with the City Park Board,Recreation Director, and City Council the CITY has made a decision to accept the contribution of cash in lieu of the dedication of the real property described in the attached Exhibit "A:; and 12/12/2003 09:50 FAX 630 553 5764 DANIEL J. KRAMER al 007/011 WHEREAS, OWNER/DEVELOPER has agreed to take the real property described in the attached Exhibit"A" and develop the same with a clubhouse facility for the benefit of the residents of its development, and contribute the cash equivalent of the land that formerly was going to be dedicated to the CITY for open space purposes as designated in the attached Exhibit "A"pursuant to the United City of Yorkville Land-Cash Ordinance; and WHEREAS, under the United City of Yorkville Land-Cash Ordinance, the CITY has the right to elect to take cash in lieu of land and does agree to do so: 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 Amendment shall affect only the terms, conditions, and general development plan as set out in the original Planned Unit Development Agreement, and as described in the attached Exhibit "A", 3) OWNER/DEVELOPER hereby is authorized to construct a clubhouse for the use of its residents of its subdivision, Raintree Village, on the site described in the attached Exhibit"A". 4) The CITY agrees that OWNER/DEVELOPER shall pay the sum of$ as the cash equivalent for land-cash contributions in lieu of dedicating the site described in the attached Exhibit"A"pursuant to the United City of Yorkville Land-Cash Ordinance. 2 12/12/2003 03 50 FAX 630 553 5764 DANIEL J. KRAMER [2]008/011 5) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into an Amendment of the original Planned Unit Development Agreement to which this Amendment is appended pursuant to that Agreement. 6) RATIFICATION: All parties hereto agree that except to the extent performance standards or other terms of the original Planned Unit Development Agreement have been amended herein, all other terms of the original Planned Unit Development Agreement are hereby ratified, re-published, and reconfirmed between the parties hereto and remain the agreement of the parties. OWNER/DEVELOPER warrants that DEVELOPER shall stand in the position of a successor and assign of OWNER as to all rights accruing under the original Planned Unit Development Agreement. 7) 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 Amendment to Planned Unit Development Agreement as well as the original Planned Unit Development Agreement shall remain in full force and effect. 8) 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 3 12/12/2003 09. 50 FAX 630 553 5764 DANIEL J. KRAMER a 009/011 Copy to: Attorney Daniel J. Kramer 1107A S.Bridge St. Yorkville,IL 60560 OWNER/DEVELOPER: Greg Collins,Planning&Zoning Manager Raintree Village, LLC 9) 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 12/12/2003 09.50 FAX 630 553 5764 DANIEL J. KRAMER 12010/011 IN WITNESS WHEREOF, the undersigned parties have executed this Amendment to Planned Unit Development Agreement this day of , 20_. CITY; UNITED CITY OF YORKVILLE By: Attest: Dated: OWNER/DEVELOPER: RAINTREE VILLAGE,LLC, An Illinois Limited Liability Corporation By: Attest: Dated: Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 5 12/12/2003 09: 51 FAX 630 553 5764 DANIEL J. KRAMER Lj011/011 EXHIBIT LIST Exhibit"A" - Clubhouse site 6 12/12/2003 09 51 FAX 630 553 5764 DANIEL J. KRAMER V1002/009 STATE OF ILLINOIS COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE LABERGE PROPERTY THIS AGREEMENT is made and entered into this day of , by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County,Illinois(hereinafter referred to as "City"), and RICHARD LABERGE and VALERIE LABERGE of Bristol Township,Kendall County,Illinois (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, Owner is the owner of real property which is the subject matter of said Agreement comprising approximately 3 acres, more or less, and is more particularly described in the attached Exhibit "A", which is incorporated herein by reference; and WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, Owner desires to annex the said real property described into the City, its Plan commission has considered the Petition to Annex, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of Owner and the City; and WHEREAS, Owner has presented, and the City has considered, the tract, of real property 1 12/12/2003 09.51 FAX 630 553 5764 DANIEL J. KRAMER 12 003/009 herein described in the attached Exhibit"A" as B-3 Service Business District in order to make said real property a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner, and WHEREAS, Owner and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly pub)ished 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. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 LLCS 5/11-15.1-1 through 51.1-5, inclusive,relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 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, for and in consideration of the mutual promises and covenants herein contained,the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONING. The City shall adopt an ordinance —2— 12/12/2003 09 51 FAX 630 553 5764 DANIEL J. KRAMER 0004/009 annexing to the City all of the real property described herein in the attached Exhibit"A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit"A"subject to the further terms of this Agreement as B-3 Service Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit"B"for the B-3 Service Business District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The Owner, and successors,heirs, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the City Council of the United City of Yorkville, 2. CITY'S AGREEMENTS. A. The City agrees that due to the nature of the non-residential use and zoning classification of said parcel, Owner has no obligation to pay School Transition Fees or Land- Cash Fees. B. In the event, at a later date Owner seeks to modify the existing zoning to a Residential Class Zoning, Owner agrees that School Transition fees to the Yorkville School District shall be paid per residential dwelling unit in said subdivision as required by City Ordinance at the time of a residential zoning class being granted and 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 Ordinance 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 —3— 12/12/2003 09 52 FAX 930 553 5794 DANIEL J. KRAMER Qj005/009 voluntarily and with the consent of Owner and Developer based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. Owner/Developer knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business,office, or manufacturing purposes under the terms of this Agreement. C. Owner shall be allowed one free Sanitary Sewer Tap to the City Sanitary Sewer Mains(up to 6" when available); and one free Water Main Tap to the City of Yorkville Water mains(up to 2" when available), and a meter therefore as to the real property described in the attached Exhibit"A". Nothing contained herein shall waive any Recorded Recapture Agreement payments which may be required to be paid upon hooking up to City Water and Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property being within any Recapture Service Area; or any fees charged by other governmental agencies. D. THE UNITED CITY OF YORKVILLE agrees to rebate to the Owner within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer, the City's portion for the City and Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the City until the property is developed, by reason of a building permit being issued, upon a Final Plat of Subdivision being recorded for any portion of the subject real property, or for three(3)years after sewer and water service becomes available within 250'of the subject property, whichever occurs first. E. Owner shall not be required by THE UNITED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sower System at the time of entering into this annexation —4— 12/12/2003 09:52 FAX 630 553 5764 DANIEL J. KRAMER a 006/003 Agreement,but may do so upon its desire to obtain those services,when available to the subject property. F. In the event City water and sewer are unavailable at the time Owner desires to develop the subject property, the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of temporary private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types, density, intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. In the event the City grants development without sewer and water, the Owner agrees to hook on when it becomes available within 250 feet of the subject property. G. The City agrees that if the subject property is developed for Business, Manufacturing or Office Zoning classifications and the developer front funds the extension of offsite water and/or sanitary sewer extensions, developer will receive a rebate of water and sewer connection fees; which shall be recovered as a credit of up to 50 percent of the sales tax generated on the subject property on an annual unit basis the cost of off-site extension is recovered in full. On-site extension costs are at Owner or Developer's expense. H. Upon annexation, the Owner will receive police protection, 911 service and library service as provided by City. I. The City will not require the Owner annex to Yorkville Bristol Sanitary District or other applicable sanitary district,until platting or application for a building permit seeking to hook up to the City sewer system is sought by Owner. Property owner agrees to cooperate with other entities to formulate a separate agreement to allow for contiguity of other —5— 12/12/2003 09:52 FAX 630 553 5764 DANIEL J. KRAMER 0007/003 properties to a Sanitary District if requested. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building, financing, developing and all such purposes, and that said persons, trusts,partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer,the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings,to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs,successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State —6— 12/12/2003 09 52 FAX 630 553 5764 DANIEL J. KRAMER a 008/009 of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 7. NOTICE. 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: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 To Owner: Richard LaBerge 11925 Route 34 Yorkville,IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCE ABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this -7- 12/12/2003 09: 52 FAX 630 553 5764 DANIEL J. KRAMER V1009/009 Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES, The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WTTNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2003. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr.,Mayor Attest: City Clerk OWNER: Richard LaBerge Valerie LaBerge Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —8— 12/12/2003 09.49 FAX 830 553 5764 DANIEL J. KRAMER Il002/009 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE AND GARY AND LELALU MAXWELL THIS AGREEMENT is made and entered into this day of by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois(hereinafter referred to as"City"), and GARY AND LELALU MAXWELL of Kendall Township, Kendall County,Illinois(hereinafter referred to as "Owner"). WITNESSETH WHEREAS, Owner is the owner of real property which is the subject matter of said Agreement comprising approximately 6.21 acres,more or less, and is more particularly described in the attached Exhibit"A", which is incorporated herein by reference; and WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, Owner desires to annex the said real property described into the City, its Plan commission has considered the Petition to Annex, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of Owner and the City; and WHEREAS, Owner has presented, and the City has considered, the tract, of real property 1 12/12/2003 09: 49 FAX 830 553 5784 DANIEL J. KRAMER Ij003/009 herein described in the attached Exhibit "A" as 3-3 Service Business District in order to make said real property a desirable addition to the City; and WHEREAS,all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner, and WHEREAS, Owner and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 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, for and in consideration of the mutual promises and covenants herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONING, The City shall adopt an ordinance -2- 12/12/2003 09: 49 FAX 630 553 5764 DANIEL J. KRAMER Z004/009 annexing to the City all of the real property described herein in the attached Exhibit"A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit "A"subject to the further terms of this Agreement as B-3 Service Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on Exhibit "B" for the B-3 Service Business District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The Owner, and successors,heirs, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the City Council of the United City of Yorkville. 2. CITY'S AGREEMENTS. A. The City agrees that due to the nature of the non-residential use and zoning classification of said parcel, Owner has no obligation to pay School Transition Fees or Land- Cash Fees. B. In the event, at a later date Owner seeks to modify the existing zoning to a Residential Class Zoning, Owner agrees that School Transition fees to the Yorkville School District shall be paid per residential dwelling unit in said subdivision as required by City Ordinance at the time of a residential zoning class being granted and 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 Ordinance 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 —3— 12/12/2003 09:49 FAX 630 553 5764 DANIEL J. KRAMER a 005/009 voluntarily and with the consent of Owner and Developer based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. Owner/Developer knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business, office, or manufacturing purposes under the terms of this Agreement. C. Owner shall not be required by THE UNITED CITY OF YORKVILLE to hook-on to the city water or Sanitary Sewer System at the time of entering into this annexation Agreement, but may do so upon its desire to obtain those services,when available to the subject property, D. In the event City water and sewer arc unavailable at the time Owner desires to develop the subject property,the City will give consideration to a request for a variance from its subdivision Control Ordinance for use of temporary private well and septic systems. In determining the applicability of such a variance for the subject parcel, the City shall consider soil types,density,intended use of the development, and proximity of the subject parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal and sanitary district systems. In the event the City grants development without sewer and water, the Owner agrees to hook on when it becomes available within 250 feet of the subject property. E. Upon annexation, the Owner will receive police protection, 911 service and library service as provided by City. F. The City will not require the Owner annex to Yorkville Bristol Sanitary District or other applicable sanitary district, until platting or application for a building permit —4— 12/12/2003 09 49 FAX 630 553 5764 DANIEL J. KRAMER 0006/009 seeking to hook up to the City sewer system is sought by Owner. Property owner agrees to cooperate with other entities to formulate a separate agreement to allow for contiguity of other properties to a Sanitary District if requested. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS, It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons,trusts, partnerships, firms,or corporations, for investment,building, financing, developing and all such purposes, and that said persons,trusts, partnerships, firms,or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings,to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of —5— 12/12/2003 09: 49 FAX 630 553 5764 DANIEL J. KRAMER a 007/009 the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 7. NOTICE. 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: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S.Bridge Street Yorkville, IL 60560 To Owner: Gary and Lelalu 8710 Route 71 Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained, —6— 12/12/2003 09:49 FAX 630 553 5764 DANIEL J. KRAMER 1008/009 In the event any portion of said 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. 9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2003. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr., Mayor Attest: City Clerk OWNER: Gary Maxwell Lelaue Maxwell Prepared by and Return to: —7— 12/12/2003 09: 49 FAX 630 553 5764 DANIEL J. KRAMER 0009/009 Law Offices of Daniel J. Kramer 1107A S, Bridge Street Yorkville, Illinois 60560 630.553.9500 -e- 12/12/2003 09 54 FAX 630 553 5764 DANIEL J. KRAMER fj002/003 RESOLUTION NO.: 03- RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT ATHLETIC FIELD RESERVATION POLICY WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVLLLE after careful consideration deem it to be in the best interest of the City and the Community to approve the Park and Recreation Department Athletic Field Reservation Policy; and WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE find that the implementation of the Yorkville Park and Recreation Department Athletic Field Reservation Policy will facilitate efficiency and enhance the quality of the Yorkville Park and Recreation Department; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE have carefully considered said Policy and deem it to be acceptable and beneficial to the City: NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE: 1. That the City hereby approves the United City of Yorkville Park and Recreation Athletic Field Reservation Policy until further review or modification by the United City of Yorkville Park and Recreation Department and City Council. PASSED AND APPROVED this day of ,2003, WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 12/12/2003 09 54 FAX 830 553 5764 DANIEL J. KRAMER Z003/003 MAYOR ATTEST: CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT ATHLETIC FIELD RESERVATION POLICY The Athletic Field Reservation policy of the United City of Yorkville has been established to provide a systematic method by which athletic fields (baseball, softball and soccer) may be reserved by the residents of the community. A reservation is not required for athletic field use for occasional play or pick up games. League play (which includes multiple days, or week play) a permit is required and will guarantee use for the dates and times specified on the permit. Objective • To provide maximum utilization of athletic fields through centralized scheduling • To provide an impartial distribution of athletic fields to the various community groups who wish to reserve fields. • To plan cooperatively with other community agencies to enhance individual and group recreational needs. • To provide recreational activities which take into consideration the needs of the community. • To provide the best possible maintenance of athletic fields using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Athletic Field Use Priorities When scheduling reserved use of athletic fields, the following priorities shall be established: 1. United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Youth Leagues that have approved cooperative agreements with the City of Yorkville. 4. Privately sponsored athletic programs within the community requesting to reserve an athletic field(s) on a seasonal basis. 5. Private groups or individuals requesting to reserve an athletic field(s) on a single or multiple dates. 6. Other Residents groups (groups with 80% or more United City of Yorkville residents) shall be given priority over non-resident groups. The 80% residency requirement shall be calculated based on the total number of people using the field. Athletic fields may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized league games. Groups or individuals with an approved reservation or permit and City programs will have priority use. In case of inclement weather, the United City of Yorkville Park and Recreation Department shall make the final decision regarding playability of all fields. Request for Athletic Field Reservation Organizations, Groups and individuals desiring to reserve athletic fields shall complete the standard application for athletic field reservation. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: • A certificate of insurance— co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation • The team roster(s) with addresses and signed waiver forms from each player or guardian. • The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use of a field. Reservation requests shall be approved beginning on the following dates: Spring Season (March— May) February 15th Summer Season (June—August) April 15th Fall Season (September— November) July 15th TOURNAMENT ATHLETIC FIELD RESERVATION Any groups wishing to host a tournament shall have an approved athletic field reservation prior to submitting a bid to host a tournament. A. MAJOR TOURNAMENTS Athletic field reservation requests for major tournaments shall be submitted in writing at least nine months prior to the tournament date. Major tournaments shall include, but are not limited to, national, regional and state tournaments. B. SMALL TOURNAMENTS Athletic field reservation requests for small tournaments shall be submitted in writing at least sixty days prior to the tournament date. Small tournaments shall include, but not limited to, city-wide or county tournaments. C. SPECIAL REQUESTS Any special tournament requests for any variances shall be submitted in writing along with the athletic field reservation request. Special tournament requests shall include, but are not limited to, selling concessions (including items to be sold and their prices), extended park hours use, use of a public address system, admission charges, additional bleachers, additional field maintenance, use of snow fence, and water or electrical access. D. PROCEDURE Written requests for tournament athletic field reservations and special requests shall be submitted to the Recreation Department according to the deadlines listed above. In addition, certificate of insurance, team rosters and signed waiver forms for each player participant shall be submitted to the Recreation Department at least one week prior to the tournament date. Athletic field reservation requests shall be approved by the Recreation Department. Special tournament and use requests shall be approved by the Park Board. The group or organization requesting the use of the fields for tournament use is responsible for all participant and players conduct while on the fields, park, surrounding areas including parking lot. All players attending a tournament or other uses of the athletic fields should adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City fields and/or facilities. Furthermore, the groups assumes all responsibility for the repair or replacement of damage as a result of misuse of the field, equipment or park amenities. ATHLETIC FIELD RESERVATION FEES A. Establishment The Board shall annually (based on fiscal year) recommend fees for the reserved use of athletic fields based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. Fees shall be established in the following categories: 1. Soccer Fields and football fields 2. Baseball and softball fields, daylight use 3. Baseball and softball fields, night use with lights 4. Resident, non-resident and commercial use fees 5. Single or multiple and seasonal use fees 6. Tournament use 7. Special use B. Resident/ Non-Resident Users To qualify for resident fees a group shall consist of 80% or more residents of the United City of Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total number of players using the field, not just on the group requesting use of the field. Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members. The Recreation Department may waive the residency requirement if it considered to be in the best interest of the City. C. Commercial Users Any group reserving an athletic field for profit making purposes shall be charged the commercial fee. D. Waiver of Fees to School District or private school groups Public and parochial schools that provide school facilities to the City of Yorkville at no charge shall have free reserved use of City athletic fields. These schools shall provide their own set- up of athletic fields including, but not limited to, lining, base set-up and hand raking. Should these schools wish to reserve an athletic field at night with lights, the established lighting costs shall be paid by the school. E. Payment of Fees Groups reserving an athletic field on a seasonal basis shall be billed monthly by the Recreation Department, however, a 20% deposit shall be required to guarantee the reservation. Groups or individuals reserving athletic fields on a single or multiple use basis shall be required to pay the established fee at least one week prior to the date reserved. A permit shall be issued upon payment of the fee. Payment of fees shall be made at the Beecher Community Center. If an athletic field is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and /or repair. F. Refund of Fees A refund of athletic field reservation fees may be granted for the following reasons: If the United City of Yorkville Park and Recreation Department staff feels that the athletic field is in unplayable condition and therefore, the game is cancelled. If the group or individual provides written notification of cancellation to the Department at least one week prior to the date reserved. ATHLETIC FIELD RESERVATION FEES Attached fee schedule. The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. All fees are subjected to changing without notice. GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES: • No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department • No ball hitting or pitching into fences or dugouts is allowed. • Each party will report any damage, accidents and or maintenance concerns to the park and recreation department immediately. • Coordination of work involving the park department staff or use of the equipment will generally require a two-week notice,for scheduling purposes. • Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the fields proper. • All requests for use of fields, or park(s) must be in writings. • Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use. This form must be turned into the Park and Recreation Department at the end of the season or maintenance obligation. • Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use only the area,field,or park that has been assigned to them. • No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. • No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. • Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Damage or excessive litter may result in a loss of privileges and use. • Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions,or times when safety is a concern). • Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign ordinance, Building rental policies, Lightening Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). ATTACHMENT ATHLETIC FIELD RESERVATION POLICY Fiscal Year 2003 —2004 ATHLETIC FIELD RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. All fees are subjected to changing without notice. Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Ctg A Ctg B Ctg C Ctg D Ctg E Ctg F 0-2 hours $10.00 $10.00 $20.00 $30.00 $40.00 $40.00 2-4 hours $15.00 $15.00 $25.00 $40.00 $50.00 $50.00 4-6 hours $20.00 $20.00 $30.00 $45.00 $60.00 $60.00 6-8 hours $25.00 $25.00 $35.00 $50.00 $70.00 $70.00 PREPARATION OF FIELDS - additional fee Baseball /softball field prep — includes bases, fine dragging and lining Weekday $25.00 per day Weekend $35.00 Soccer field prep - includes nets, lining of the field Weekday $30.00 Weekend $40.00 *" Lights—currently not available on any fields SPECIAL USE Water or electrical access $20.00 additional. Must supply your own extension cords. Please reference the concession stand /vendor operation policy for special use request and tournaments. STANDARD APPLICATION FOR ATHLETIC FIELD RESERVATION UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning on the following dates: Spring Season(March—May) February 15th Summer Season (June—August) April 15th Fall Season (September—November) July 15th Please indicate type of Group requesting use of athletic field by circling the appropriate category Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately(at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Group or Individual Name Contact Person: Address Home Phone: Work Phone: Email FIELDS REQUESTED: DATE(s)I TIME(s) REQUESTED: PURPOSE Special Use requests (concessions,water,electrical,other). In order complete the athletic field request,the following documents must be forwarded to the Recreation Department: A certificate of insurance—co-naming the United City of Yorkville as an additional insured,Assumption of liability, and Waiver of subrogation. The team roster(s)with addresses and signed waiver forms from each player or guardian. OFFICIAL USE Addition information requested Reservation Amount Deposit amount (20%) Date of Request Date Received Staff initials Approved/Denied Refund Requested Field Assigned l UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r t From: Joe Wywrot, City Engineer Subject: Fox Hill Punchlist & Outstanding Items Date: December 11, 2003 Attached find a request from Marvin DeLahr stating that the Fox Hill punchlist for Units 1, 2, 3, 4, 6, and the Route 34 Improvements are now complete, and requesting that the public improvements in those units be accepted. We have checked the punchlist and found the that following items remain: • Provide a commitment letter from Primus Corporation regarding repair of B-Boxes at 1733 John Street, 1209 Willow Way, and 1225 Willow Way. Attached find a letter from Marvin DeLahr with a note from Terry Faltz. Is this adequate? • Entire storm sewer system along Route 34 needs to be jetted to remove mud. Clean out all manholes, catch basins, and inlets. • Reimburse city for any outstanding invoices of$1586.45. Paul Dresden has been invoiced but payment has not been received. See attachment. Also attached is a letter from Marvin DeLahr (see attachment) regarding the cleaning of sump structures. The original punchlist called for mud and debris to be removed from all storm structures (manholes, catch basins, and inlets). The developer felt that cleaning of structures was a maintenance function that the city should perform. We felt that most of the mud was carried into the storm sewers during initial construction of the subdivision due to inadequate sediment control by the developer. We finally compromised by only requiring the sump structures (catch basins and sump manholes) to be cleaned. We field checked all storm structures and identified 52 with sumps. The developer had all 52 cleaned, but found that 18 of them were not sump structures. We have confirmed that these were not sump structures. When we checked them, the bottoms of these structures were filled with mud, and they appeared to be sump structures. The developer is requesting reimbursement in the amount of$1224 for cleaning those 18 structures. Also attached is a memo from Eric Dhuse for a water service repair we performed recently at 1225 Evergreen. Eric's total cost for labor should be increased by a factor of 1.7 to reflect fringe benefit costs for workers. This increases the cost of this repair to date to $596.61. There will be additional costs for landscape repair next spring. Please place this item on the December 16, 2003 Committee of the Whole agenda for consideration. DEVELOPMENT CONSTRUCTION SERVICES L.L.C. Phone : 815 464 2031 Fax: 815-464-2032 Cell : 815-791-6167 9217 GULFSTREAM ROAD, SUITE 102 FRANKFORT, IL 60423 Email : devconser@msn.com December 6, 2003 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Tony Graff Re: Fox Hill Subdivision punchlists Dear Tony, - - On September 17th you sent me a letter (copy enclosed) outlining what we would need to do to finish up the Fox Hill Subdivision punchlist. This letter is to inform you all the items on the list have been completed. I. Joe Wywrot marked 6 trees for replacement. Midwest Nursery planted them November 19th. 2. J.S. Alberico repaired the manhole steps as requested. 3. Better Enterprises cleaned the necessary and additional manholes as specified by the City. 4. Better Enterprises cleaned the designated Route 34 storm sewer structures. 5. The Conover easement document was supplied to the engineering department. 6. Utility Dynamics would not agree to the hold harmless request. We instructed them to order a new pole. You should have already received the new pole. 7. Primus was the builder on these lots and agreed in a letter provided to you to repair the b- boxes. 8. The lot 20 valve box was acceptable to the City. At this time we are requesting you put us on the next meeting for the council's approval and acceptance of the completed improvements. We are also requesting the release of the subdivision bond. Please call with any questions. Sincerely, / Marvin DeLahr Cc: Paul Dresden Robert Gamrath III Arthur Prochaska Jr. Joe Wywrot Daniel Kramer D.C.S. 1 (cilD 14 0 United City of Yorkville EST.% 1836 County Seat of Kendall County 800 Game Farm Road < f` Yorkville,Illinois 60560 O s-. R. 0 Phone:630-553-4350 `may' _ ��� Fax:630 553 7575 � `a<LE \N"v September 17, 2003 Mr. Marvin DeLahr Development Construction Services, Inc. 9404 Corsair Road Suite 201 Frankfort, IL 60423 RE: Fox Hill Punch List Dear Mr. DeLahr: -- This letter is in response to your meeting with Mayor Prochaska on September 12, 2003 reviewing the final punch list for Fox Hill. I have summarized the meeting and outlined items within the punch list that was acceptable and other items that need to be address as recommended by staff. Here are the updated outstanding items: 1. Replacement of the dead parkway trees still needs to occur, however,please notify the City and we will monitor the trees after the installation is completed. 2. Revise MH#2 punch list item to call for removal of all steps and grout resulting holes. Also, MH#4 should remain on the list to install one MH step and remove debris. 3. The catch basin and sump structure misunderstanding reflects to the letter dated February 28, 2003 that was faxed to you as a summary ofthe meeting that was held on February 27, 2003 (See attached letter). On item 2, you stated, you will determinehowmany sump structures-exist and this needed to be discussed further. Joe does not have any record of the number of structures that were identified from you, so this is still an open issue and the recommendation is to follow Joe's punch list request to completely clean all sump structures. 4. RT34 storm sewers structures still need to be jetted and cleaned of debris. The Mayor recognizes that your contractor did work in this area in August of 2003 however; the inspection still indicates debris in the structures. I recommend that your contractor clean the structures and notify the City Engineering Department when they are on site to observe the work being performed to the City's satisfaction and sign off with an inspection immediately. 5. Provide the document number for the offsite utility easement so we can retrieve the recorded copy from the County. This number was not included on the as builts. 6. Provide the hold harmless letter for the streetlight pole to be reviewed by City Attorney Kramer. This is in reference to the punch list item discussing placing a street light pole in inventory because of the damage to the base flange. 7. The b-boxes still need to be repaired because this was part of the Unit 4 punchlist when the staff agreed to remove the buried b-boxes from the list as long as they were located on the as builts,these damaged b-boxes were still required to be repaired as a condition of acceptance as part of Unit 4. 8. Clean out dirt from the operating nut S/E corner of lot 20-valve box. This item is satisfactory and accepted. - Any questions regarding this letter please call Mayor Arthur Prochaska(630-553- 8519) or myself at 630-553-8529. Thank you for your time and cooperation. Sincerely, l ,_,) Tony Graff City Adminstrator Cc:Mayor Arthur Prochaska, Jr. City Attorney Daniel Kramer City Engineer Joe Wywrot DEVELOPMENT CONSTRUCTION SERVICES L.L.C. Phone:8l5-464-2031 Fax:815-464-2032 9217 GULFSTREAM ROAD,SUITE 102 FRANKFORT, IL 60423 Cellm :815-791-6167evconer@ Email:devconser@msn.com December 6, 2003 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Tony Graff Dear Tony, On November 11th I sent you a letter(copy enclosed) asking for reimbursement for unnecessary work we had completed in the Fox Hill Subdivision. As of today's date I haven't received a response. I don't feel this extra cost is Mr. Dresden's responsibility and would like to get the matter resolved. Please call with any questions or comments. Sincerely, Y Marvin DeLahr Cc: Paul Dresden Robert Gamrath III Arthur Prochaska Jr. Joe Wywrot D.C.S. 1 DEVELOPMENT CONSTRUCTION SERVICES L.L.C. Phone : 815-464-2031 Fax: 815-464-2032 -791-6167 9217 GULFSTREAM ROAD, SUITE 102 FRANKFORT, IL 60423 Cellm : 815vconser@ Email: devconser@msn.com November 11 , 2003 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Tony Graff Dear Tony, On September 17th you sent me a letter (copy enclosed) outlining what we would need to do to finish up the Fox Hill Subdivision punchlist. This letter is in reference to item number three. At a meeting on February 27th at city hall we agreed to vacuum all the catch basins in the subdivision. I went thru the plans and determined, based on the symbols, there were 26 catch basins. I hired Better Enterprises to vacuum the 26 catch basins. Better was on site June 16`h to complete the task. Enclosed is a copy of the paid invoice. On September 2°d Joe Wywrot sent me a list of an additional 52 "sump" structures he wanted cleaned out. I objected to the additional work in my meeting with Mayor Prochaska. After receiving your letter dated September 17th we decided to clean the 52 "sump" structures. Again I hired Better Enterprises to do the work. Matt Bennett with Better Enterprises was on site October 27th and 28th vacuuming the storm structures. He called me on the 29th and said 18 of those structures were not"sump" structures. He said they were regular manholes with the pipe sitting on the concrete bottom of the structure. He had kept track of them. Enclosed is a copy of the original list with the 18 structures in question marked. Better charges us by the structure not by the depth. At their rate of$68 each it means we will be paying $1224 for the cleaning of those 18 structures. Since we did not agree to this we feel the city should reimburse us for the additional work. Please call with any questions or comments. Sincerely, 4'1/ / // Marvin DeLahr Cc: Paul Dresden Robert Gamrath Art Prochaska Joe Wywrot _Abe, D.C.S. 1 79 c't 7 : 1 G AM PRIMUS CORP 31 — azrkv L.L.L. .1 j -Fax:815-464-2032 9217 GuLFSTREAM ROAD,sun 102 FRANKFORT,IL 60423' ' October 2, 2003 slims Corporation ' West Merchants Drive ;m:go IL 60543 .\.:Icntion: Terry Faltz • We recently received a punchlist from Joe WywrOt concerning the Fox Hill Subdivision.In punchlist he is requiring the repair of the B-boxes on Lot's#136(1733.John Street),206(1209 \,1hw Way), and 214(1225 Willow Way). These were turned over to you in new condition at the ri; u.of the Lot purchases. Evidently during home construction on the lots the B-box was damaged. :We requesting that you contact your sub contractors-and have the 8-boxes repaired. _ . • • -N r‘i DeLahr lr. Paul Dresden 1,\ c_j; (/ O. 11\4 SC.... /0/7/ -5 • Abb. D.C.S. • . . • • 0 lC.:niter_ City of Yorkville Esti ' �- 1675 County Seat of Kendall County �� 800 Game Farm Road u7 Yorkville, Illinois 60560 O A O Phone:630-553-8528 _ A Fax.630-553-6204 �L —/LLE `\- e/tieYMA9/7 aomUtde To: JOE WYWROT OM: Thursday, December 11, 2003 H@: FOX HILL ACCOUNT STATUS Below please find the current Account Status for all of Fox Hill, excluding Unit 7: Description of Bill Invoiced Charge(s) Engineering Billing Hours June 2003 $492.93 Engineering Billing Hours July, Aug. 2003 $344.81 Engineering Billing Hours September 2003 $742.79 Interest Charges $5.92 $1,586.45 United City of Yorkville County Seat of Kendall County EST.Ili 1836 800 Game Farm Road (/) Yorkville,Illinois 60560 - p Phone:630-553-4350 o$N1.17 Fax:630-553-7575 To: Joe Wywrot, Engineer From: Eric Dhtise, Public Works 1 Date: December 4, 2003 Re: Fox Hill Service Repair Joe, I have attached an invoice for the repair we did to a service at 1225 Evergreen Ln. When we dug it up, we found a bad piece of copper right next to the b-box. We don't know if this was bad from the factory, or if it was damaged during the installation. We also need to send a letter to the developer stating that he needs to repair the sod damage in the spring. If you have any questions, let me know. Itemized Bill For Water Service Repair in Fox Hill Unit 4 1225 Evergreen Ln. (hours) Item Unit Quantity Price Total Utility Truck ea 3.50 $8.31 $29.09 Backhoe ea 3.50 $32.83 $114.91 Generator ea 3.50 $2.15 $7.53 Compression Curb Stop ea 1.00 $30.00 $30.00 Compression Coupling ea 1.00 $30.00 $30.00 Brian Sorensen 3.50 $24.96 $87.36 Joe Moore 3.50 $25.16 $88.06 Kevin Lawrentz 3.50 $14.60 $51.10 $438.04 UNITED CITY OF YORKVILLE To: Tony Graff, City Adnunistrat r From: Joe Wywrot, City Engineer _ Subject: Water Treatment Buildings—Facade elections Date: December 11, 2003 Attached find several different style, colors, and textures for the brick, roofing, and exterior metals for the several water treatment and booster station buildings that will be constructed over the next few years. The previous selections by the City Council could not be provided due to minimum order requirements. Therefore we are requesting that the Council again review the samples and make new selections. Also attached find a print of a wall section showing where the different brick patterns would be used when the buildings are constructed. EEI has made a recommendation for the facade (see attached letter), and I have tagged those brick, roofing, and colors. Note that most of the utility brick samples are smaller than the actual size brick that will be used during construction. They are smaller to make the samples lighter and easier to carry around. EEI has included one full-size utility brick sample to show the actual size of the brick. Please place this item on the Committee of the Whole agenda of December 16, 2003 for consideration. Cc: Eric Dhuse, Director of Public Works NOTE: TRUSS TAIL HEEL HEIGHT DIMENSIONS TYPICAL AT 5/8"CDX FIR PLYWOOD, APA RATED ALL WALL SECTIONS 301 ROOFING FELT / PREFABRICATED WOOD AIR PATH BAFFLE USSES 0 24" OC. 1 MIN. 1-1/2" AIR SPACE T2 12" BAIT INSULAl10N, ft-38 Ci) 4 WI1H 6 MIL VAPOR BARRIER SEE DETAIL 'N- Adilli 235#CLASS"A" SHWGLES i Ali. TOOF START .�l-KM-E SEAMLESS ��!�,$ TOP OF MASONRY 46 JM. GUTTER �ii��n -- EL777.33 = 109.-4" 1 2-LAYERS 5/8' EXTERIOR TYPE GYPSUM BOARD L • 1 I , METAL RESILIENT CHANNELS 0 24"DC. ALUM. FASCIA— ,A. , 1 III \ 1'X 4'MOULDING 2" X 12" SUB-FASCIA / // U \ 2-2'X 8"PR.TR. TOP PLATES VENTED ALUM.SOFFIT ANCHOR BOLTS 2"X 4"LOOKOUTS 0 24'DC. /ir/ " 1i TOP COURSE BLOCK GROUT SOLID ii 2' X 4"PR.1R. BLOCKING 11 /\ CONTINUOUS BOND BEAM,GROUT SOLID 12" SOLDIER COURSE li WITH 2- 95 CONT. REBARS UTILITY FACE BRICK, / \ HORZMETAL JOINT REINFORCING 0 16"OC.VERT. RUNNING BOND, TOOLED JOINT l , GROUND FACE CMU I 8"CMU WALL, RUNNING BOND, TOOLED JOINTS 111 41 1; 2" RIGID EXTRUDED POLYSTYRENE INSULATION, MIN.R-10 UTILITY FACE BRICK, II I or• ,ii ---MIN. 1"AIR SPACE 11 11 SPLIT FACE CMU- u 111 nl In MORTAR NETTING --- - i, BASE FLASHING W/ROPE WEEPS 0 16' DC. II n 16 REBAR 0 32'OC.,FULL HEIGHT IN WALL II — EXPANSION JOINT WITH SEALANT ROPE WEEPS 0 16"DC. REINF.CONCRETE FLOOR, SEE STRUCTURAL DRAWINGS " it TOP OF CONC. SLAB it d II 9 °/" it 44 a 11 u: 4 C , COMPACTED GRANULAR BACKFILL m • >-REINF.CONCRETE WALL,SEE STRUCTURAL DRAWINGS 4 f BITUMINOUS DAMPPRODFlINSULATION NG \ X 24" EXPANDED POLYSTYRENE WITH PROTECTIVE SHEET \ ° , �IN REINF.CONCREIE FOOTING, SEE STRUCTURAL DRAWINGS 4 a 4 SECTION A-T I SCALE: 3/4" = 1' - 0" Al 4 2IGHT`,:. 2003 ENGINEERING ENTERPRISES, INC. Engineering Enterprises, Inc. WATER WORKS SYSTEM Consulting Engineers IMPROVEMENTS 52 Wheeler Road United City of Yorkville Sugar Grove, Illinois 60554 630/466-9350 Kendall County, Illinois A 1111111111 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Engineering Enterpriase . December 5, 2003 Ina. Mr. Joe Wywrot City Engineer 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Wywrot: As requested, we are submitting the available color options for the public facilities currently under design and/or construction for your review. These include brick, ground face and split face block, roof shingles, window frames, louvers, exterior metals (such as soffit, facia, gutters and downspouts). It has come to our attention that the brick previously selected has a minimum order requirement well beyond the needs for each individual project. Therefore, we are submitting alternate brick samples that are readily available for your selection. We recommend the following colors for the following items: Face Brick Beldon 470-479 Split/Ground Face Block Buff Window Frames Dark Bronze Louvers Dark Bronze Exterior Metals Bronze Roof Shingles Heather Blend Please provide us with your selections as soon as you have made them such that we can forward the information to the Contractors. If you have any questions or require any additional information, please call. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Timothy P. Farrell, P.E. Project Manager TPF/me pc: BPS, JWF, KSB, EEI \\snapl\DOCS\PUBLIC\Yorkville\2003\Y00316 Contract E.4 Wells No.8 and 9 Treatment Facility\Construction\ Consulting Engineers Specializing in Civil Engineering and Land Surveying 12/10/2003 10:25 630553437777 CITYHOFOYORKVILLE PAGE 01 o United City of Yorkville k County Seat o!Kendall County EBT. `_._- 1839 800 Game Farm Road co yorkvill9,Illinois 60560 a li CilO Phone 630553-4350 '9 .�.".�, �' Fax 630-553,7575 �lE �� To: Joe Besco, Chairman From: Eric Dhuse, Public Works Date: December 2, 2003 Re: Hydraulic Breaker Joe, I have put together the quotes for the hydraulic breaker for the skidsteer. After searching for products that match equally to the bobcat brand attachment, we found that the price was not only competitive, but was actually the lowest of the three quotes. Apparently the other models that we were looking at were not as durable,nor were they actually comparable in performance standards, I have attached the required quote sheet and specs for your information. I would ask that this be placed on the December 16, 2003 COW agenda. If you have any questions or comments please let me know. 12/10/2003 10:25 630553437777 CITYHOFOYORKVILLE PAGE 02 UNITED CITY OF YORKVILLE BID INFORMATION FORM (MUST BE TYPED OR PRINTED LEGIBLY) � DATE: 11 - Z 5 20 03 DEPARTMENT:S�1 .c & T` REQUESTED BY:T r t,� g-2._1 c, VENDO R #1 101223,-#2 VENDO NAME: AT-Las cCrf�T NAME: Pia.*4-4 Kid LT-5Z' NAME: .v1Z215 Eau 'Q ADDRESS: te,) TC41tADDRESS: ST. C444aee3 ADDRESS: NAME/TITLE NAME/TITLE NAME/TITLE OF PERSON OF PERSON OF PERSON QUOTING BID: to-A, �( QUOTING BID: py QUOTING Be �tpS12, HOW LONG HOW LONG HOW LONG IS BID FIRM? (`) ti,r IS BID FIRM? IS BID FIRM? 3D Q4.-1 S _ 1 BID OBTAINED: PHONE . BID OBTAINED: PHONE K BID OBTAINED: PHONE X WRITTEN: K WRITTEN: X, WRITTEN: CATALOG: CATALOG: CATALOG: COMMENTS: c_AT e. rlt? COMMENTS: COMMENTS: ►iUSK,10- VENDOR SELECTED: S IF NOT LOW BIDDER,STATE JUSTIFICATION IN"COMMENTS"SECTION (USE REVERSE SIDE FOR DETAILED EXPLANATION) AMOUNT REQUESTED VENDOR#1 VENDOR#2 VENDOR#3 UNIT OF UNIT TOTAL UNIT TOTAL UNIT TOTAL QUANTITY MEASURE DESCRIPTION OF ITEM(S) PRICE PRICE PRICE PRICE PRICE PRICE I yr Eikuu A516 499e►0 , IO,zo0 F r& SKJ t:ST^L•ra-a, • l TOTAL PRICE _161Sl 63611 D 'IOI O DELIVER TO' 1 DEPARTMENT HEAD SIGNATURE A7 ' U\J I Investment Policy United City of Yorkville, Illinois DRAFT 12/09/03 1.01 Policy It is the policy of the United City of Yorkville(the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. 1.02 Scope This policy includes all funds governed by the City Council. It does not include IMRF or Police Pension Funds, which is governed by other policies. Cash balances from various funds, which are not restricted or special use, may be pooled to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principals. 1.03 Objective The primary objective, in order of priority, shall be: • Legality: Conformance with federal, state and other legal requirements. • Safety: Preservation of capital and protection of investment principal. • Liquidity: Maintenance of sufficient liquidity to meet operating requirements. • Yield: Attainment of market rates of return. Local Considerations: The City recognizes the benefits of retaining money within the community for future growth and economic well being. The estimated value of these benefits is either 10 % of the Illinois Funds money market rate or.25 % (25 basis points) whichever is the smaller amount. The portfolio should be reviewed periodically as to its effectiveness in meeting the entity's needs for safety, liquidity, rate of return, diversification and its general performance. 1.04 Standards of Care 1. Prudence Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of their capital, as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the"prudent person" standard and shall be applied in the context of managing an overall portfolio. 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. 3. Delegation of Authority The investment policy shall be administered in accordance with all applicable State of Illinois statues as well as city codes and ordinances. Oversight of the investment policy is delegated to the Treasurer. Day- to-Day management and administrative responsibility for the investment policy is hereby delegated to the Finance Director. 1.05 Authorized Finance Dealers and Institutions The Finance Director shall maintain a list of local financial institutions authorized to provide investment services and provide them 3ith a copy of the City's Investment Policy. These institutions shall comply with all qualifications and requirements as set forth in Illinois State Statute 30 ILCS 235/6 as well as any and all other laws, statutes, and fiduciary responsibilities not mentioned within this policy. With the exception of Illinois Public Treasurer's Investment Pool, financial institutions shall have a local presence within The United City of Yorkville, unless they are specifically approved by the City Council. Temporary interim deposits in outside institutions, which also require Council approval, may be permitted to establish bond issues and similar accounts. 1.06 Safekeeping and Custody 1. Security All security transactions, including collateral for repurchase agreements, entered into by the United City of Yorkville, shall be conducted on a delivery-verse-payment (DVP)basis. Securities will be held by an independent third party custodian, and evidenced by safekeeping receipts and a written custodial agreement. Funds invested in Repurchase Agreements shall comply with all governing laws including IIlinois State Statute 30 ILCS 235/2 (g-h). 2. Internal Control The Treasurer, working with the Finance Director, is responsible for establishing and maintaining an internal control structure designed to insure that the invested assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. In addition, an annual independent review by an external auditor will be performed. The internal controls shall address the following points. • Control of collusion • Separation of transaction authority from accounting • Custodial safekeeping • Written confirmation of telephone transactions for investments and wire transfers 1.07 Authorized and Suitable Investments Investments may be made in savings, checking, money market accounts, certificates of deposit and the Illinois Public Treasurer's Investment Pool. Any other type of investment will require City Council approval. Investments shall be made that reflect the cash flow needs of the fund type being invested. All investments shall be as allowed for in the Illinois Statute 30 ILCS 235/2 sec 2 regarding the investment of public funds. 1.08 Investment Parameters 1. Collateralization Funds on deposit(checking account, certificates of deposit, etc.) in excess of FDIC limits shall be secured by some form of collateral and witnessed by a written collateral agreement. Collateral shall be held at an independent— third party institution in the name of the municipality. The third party institution shall comply with all qualifications and requirements as set forth in the Illinois State Statute 30 ILCS 235/6. All changes in collateral shall be sent to the City Treasurer. 2. Diversification The City shall diversify its investments to the best of its ability based on the type of funds invested and the cash flow needs of those funds. Diversification can be by type of investment, number of institutions invested in, or length of maturity. 3. Maximum Maturities To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the United City of Yorkville will not directly invest in securities maturing more than five years form the date of purchase. Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. 1.09 Reporting 1. Financial Dealers and Institutions Monthly reports shall be provided to the City including: Account#'s, investment description, face value, purchase price, %yield on investment (net of fees), purchase dates, maturity date, custodian, and collateralization. In addition, a rate summary of the entire portfolio shall be provided on a quarterly and annual basis and compared to a benchmark of"The Illinois Funds" money market rates. 2. The Treasurer shall prepare monthly Treasurer's report to the City Council and be available on request. The report shall be in a format suitable for review by the public. An annual report shall also be provided to the Council. 1.10 Performance Standards 1. This investment portfolio shall be managed in accordance wit the parameters specified within this policy. The portfolio shall obtain a comparable rate of return during a market/economic environment of stable interest rates. Portfolio performance shall be compared to the current Illinois Public Treasurer's Investment Pool rate. 2. Marking to Market A statement of the market value of the portfolio shall be issued to the City Council quarterly. 1.11 Investment Policy Adoption The investment policy shall be adopted by the City Council. The Treasurer shall review the policy within 90 days of the end of the fiscal year and any modifications made thereto must be approved by the City Council. Above referenced statutes may be accessed at: littp://www.legis.stateil.us/leQislationJilcs/ilcs.asp A Dit -1±---)___, . .o cr .tet # a United City of Yorkville 7: ,, : ;J County Seat of Kendall County 14 _ 800 Game Farm Road - .itrii, at Yorkville,Illinois 60560 14.)::,,,,,-7-'- 4 ' Phone: 630-553-4350 LLE �ti~ Fax: 630-553-7575 REQUEST FOR QUALIFICATIONS MUNICIPAL FACILITIES MASTER PLAN Introduction The United City of Yorkville, IL (City) is seeking a multidisciplinary team of professional consultants to provide a community and facilities master plan to guide development in this rapidly growing city. The Consultant Team will be required to work with the City Council, City Departments and Staff, Stakeholders and the Public in developing the master facilities plan. This effort requires a creative and efficient approach to meet the demanding project requirements. Background The United City of Yorkville is a rapidly growing community in Kendall County in northeast Illinois with a population of approximately 8,000, founded in the 1830's. Yorkville is the county seat and is located on the Fox River. Yorkville is served by Illinois State and County Highways 47, 34, 126, 71, and 30 and the Burlington Northern Santa Fe railroad. At current rates, the population of Yorkville is expected to triple in the next 10 years. Yorkville recently completed an update to its Comprehensive Plan and Parks and Open Space Master Plan. The plans focus on current and proposed land uses and zoning. It is the City's desire to continue with a more detailed study of the community's identity and facilities. Comprehensive Plan documents for the United City of Yorkville are available for i examination at City Hall. Required Scope of Services Inventory and Analysis: The Consultant Team will inventory City amenities and facilities. The inventory and analysis will include review of existing available data, site conditions, proposed developments,relevant planning documents and funding options. The Consultant United City of Yorkville Request for Qualifications — Revised 1 2/1 2/03 December 2003 Page 2 will analyze the data to determine community needs as well as the ability of the City to meet the current and future community facility needs. Public Participation: The Consultant Team will conduct public and individual meetings with residents, and relative partners as necessary to get input from and build community consensus for the plan. (Partners may include Economic Development, County Planning Office, School District, Forest Preserve District, Business Associations etc.). Alternatives: The Consultant Team will develop alternative approaches to address community needs. The alternatives will address issues such as projected growth developments; transportation and infrastructure planning; greenways identification; community historical identity; facilities identification and collaboration; housing development impact fees and recommendations; and master facilities funding and implementation strategies. Recommendations: Based upon the input received from community workshops and the preferred alternative, the Consultant Team will develop a Municipal Facilities Master Plan to be presented at a public forum. Documentation: The Consultant Team will document the approved recommendations into a final report and provide 6 bound copies, I unbound copy, and a digital version in a format acceptable to the City. The final report will include prototypical facility designs, space considerations and projected costs. Schedule The following is the approximate schedule for the issuance,response, selection performance and approval of the work. Request for Qualifications issued: December 22, 2003 Qualifications due: January 26, 2004 Review Proposals: February 12, 2004 Finalist Presentations: February 17, 2004 City Council approval: March 9, 2004 (FY04/05 Budget) Scope and Consultant Contract: April 2004 Municipal Facilities Master Plan: April -November 2004 Presentation to City Council: December 2004 2 United City of Yorkville Request for Qualifications — Revised 12/12/03 December 2003 Page 3 Selection Process The City will select a Consultant Team on the basis of responsiveness to the Request for Qualifications submittal requirements. The City reserves the right to reject any or all submittals and to request written clarification of supporting materials. Responses may be rejected if the consulting team fails to perform any of the following: 1. To adhere to one or more of the provisions established in this Request for Qualifications. 2. To demonstrate competence, experience, and ability to provide the services described in this Request for Qualifications. 3. To submit a response on or before the deadline and complete all required forms. 4. To respond to any written request for clarification or additional information. Discussions/interviews may be conducted with responsible Consultants Team that has submitted qualifications. All submittals shall be afforded fair and equal treatment with respect to any opportunity for discussion. The selection of up to 5 finalists shall be made by the Mayor and Administration committee. Finalist presentations will be made to the City Council, which may then select the Consultant Team. The City reserves the right to negotiate with more than one potential Consultants Team after the submission of all qualifications. The City reserves the right to select a Consultants Team based on initial qualifications received. The City reserves the right to accept any submittal, or any part or parts thereof, or to reject any, some or all submittals. Evaluation Criteria The qualifications will be reviewed and evaluated in accordance with the following criteria: competence, expertise, approach, ability to complete the work within the required time, and past record in performing similar work. The following factors will be evaluated for each Consultants Team that submits qualifications. 1. Successful experience of working with communities of similar size. 2. Successful experience of working with rapidly growing communities. 3. Successful experience of working with riverfront communities. 4. Successful experience of gathering, analyzing and responding to community and public input. 5. Successful experience of completing projects on multi-disciplinary teams. 6. Capability to meet the projected schedule. 7. Consultant team's understanding of project goals, requirements and work plan. 8. Provide samples of completed facilities plans. 3 United City of Yorkville Request for Qualifications — Revised 12/12/03 December 2003 Page 4 Submission Requirements Provide 5 copies of the following no later than 3:00 p.m. local time, January 26, 2004 1. Identify each Consultants Team responsibilities and services to be provided. 2. Identification and qualifications of the individuals from each Consultants Team responsible for the project and their role on the team. 3. Identification of at least 4 (four) similar projects completed by the Consultants Team within the last 5-7 years. For each project, include name, location, description, cost, date completed and client contact. 4. Provide the scope of services and work plan required to complete the United City of Yorkville. Indicate timeframes for each phase of the project. 5. Provide hourly rates for the individuals who will be responsible for the completion of the project. 6. A sample of a complete comprehensive facility plan for a community of similar size or growth trend. Inquires are to be directed to Anton Graff, City Administrator (630) 553-4350, fax (630) 553-7575 and/or e-mail tgraff@yorkville.il.us. One original and four additional copies of the proposal clearly marked "RFQ Facility Master Plan" signed by an officer of the company, are to be submitted and addressed on the outside as follows: United City of Yorkville Re: (Company name) "RFQ Facility Master Plan" 800 Game Farm Rd. Yorkville, IL 60560 4 i " �, ��.. �� .. � -- =-_moi_ _._— _ --���__ � � ® • s a • ss � ii�' � ilk i � '� � , - ;� � �� • 15 WHEN MIA r WE r � ! � � I "1 '� w■ �•rr r i - , `moi" POEM k7l MM Eli i e s , v e � '�' A �''' �! � _ _...-,..YT/'y. / ���� �� �� { � •►�' ��ar• + _ ������ me�� ' . � '� '� II � ' u�.. ��yr 1 �: �� �� a LI �� ,i :.• � 1®��� ( �.�`l[ ,,, � '�.� - � -- - I -3' II � �� . � � � � � r��,�, ��►-; ► �_u: i,u li y�.u HT1 •,,.��.r� �.'��! ' - � � ' I �� tet. 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