Loading...
Committee of the Whole Packet 2005 04-19-05 ,�E� carr United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST. 1836 Yorkville, Illinois, 60560 ---__ Telephone: 630-553-4350 0 1'F Fax 630-553-7575 >44? Website: www.yorkville.il.us SCE x\'> AGENDA COMMITTEE OF THE WHOLE Tuesday, April 19, 2005 7:00 p.m. City Conference Room Revised 4/18/05 Public Hearing: None Presentations: 1. Pulte Homes - Del Webb Development 2. Grant Writer Contract Renewal - Laura Ross - Admin 4/7/05 Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. None Mayor: 1. Future of the Park Board - COW 3/15/05 2. ZBA 2005-09 - 802 S. Main - Request for Setback Variances - ZBA 4/6/05 3. Blackberry Creek Watershed Program Contribution Request Economic Development Committee: 1. Prestwick of Yorkville Annexation Agreement - CC 2/22/05 public hearing 2. Aspen Ridge Estates Annexation Agreement - CC 3/22/05 public hearing 3. Lincoln Prairie Yorkville Annexation Agreement - CC 3/22/05 public hearing 4. Landscape Depot Annexation Agreement - CC 3/22/05 public hearing 5. Bristol Bay Annexation Agreement and Preliminary Plan - COW 4/6/05 6. Engineering Enterprises, Inc. Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor Between Route 34 and Base Line Road 4. 7. Smith Engineering—Needs and Feasibility Study for Fox River Crossing Page 2 Committee of the Whole April 19, 2005 Park Board: 1. Park, Gazebo, Shelter Reservation Policy Update - COW 4/6/05 2. Agreement Renewal with Congregational Church - Pk Bd 4/11/05 3. River's Edge Park II - Concept Design and Request for Town Meeting - Pk Bd 4/11/05 Public Works Committee: 1. Cannonball Estates Phase 2 - Letter of Credit Reduction #4 - COW 4/6/04 & PW 3/28/04 2. Cannonball Estates Phase 1 - Letter of Credit Reduction #5 - COW 4/6/04 & PW 3/28/04 Public Safety Committee: 1. No Report. Administration Committee: 1. Special Census Agreement - Admin 4/7/05 2. Land Cash Valuation Analysis & Report - Admin 4/7/05 3. Resolution Declaring Intent to Issue Special Tax Bonds for Autumn Creek SSA - Admin 4/7/05 4. Resolution to Dissolve and Transfer Chief's Account - Admin 4/7/05 5. Dental/Vision Self Insured Plan - Admin 4/7/05 6. Revised FY 04/05 Budget 7. Proposed FY 05/06 Budget Executive Session: 1. For the purchase or lease of real property for the use of the public body. Additional Business: 0 C1,* United City of Yorkville County Seat of Kendall County 800 Game Farm Road 1636 Yorkville, Illinois, 60560 Telephone: 630 - 553 -4350 O� �;_ '- O� Fax: 630 - 553 -7575 Website: www.yorkville.il.us <LE �V AGENDA COMMITTEE OF THE WHOLE Wednesday, April 19, 2005 7:00 p.m. City Conference Room Public Hearing: None Presentations: 1. Pulte Homes - Del Webb Development 2. Grant Writer Contract Renewal - Laura Ross - Admin 4/7/05 Detail Board Re wort Bill List): Items Recommended by Committee for Consent Agenda:, 1. None Mavor: 1. Future of the Park Board - COW 3/15/05 2. ZBA 2005 -09 - 802 S. Main - Request for Setback Variances - ZBA 4/6/05 3. Blackberry Creek Watershed Program Contribution Request Economic Development Committee: 1. Prestwick of Yorkville Annexation Agreement - CC 2/22/05 public hearing 2. Aspen Ridge Estates Annexation Agreement - CC 3/22/05 public hearing 3. Lincoln Prairie Yorkville Annexation Agreement - CC 3/22/05 public hearing 4. Landscape Depot Annexation Agreement - CC 3/22/05 public hearing 5. Bristol Bay Annexation Agreement and Preliminary Plan - COW 4/6/05 6. Engineering :Enterprises, Inc. Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor Between Route 34 and Base Line Road 7. Smith Engineering — Needs and Feasibility Study for Fox River Crossing Page 2 Committee of the Whole April 19, 2005 Park Board: 1. Park, Gazebo, Shelter Reservation Policy Update - COW 4/6/05 2. Agreement Renewal with Congregational Church - Pk Bd 4/11/05 3. River's Edge :Park I1- Concept Design and Request for Town Meeting - Pk B d 4/11/05 Public Works Committee: 1. Cannonball Estates Phase 2 - Letter of Credit Reduction #4 - COW 4/6/04 & PW 3/28/04 2. Cannonball Estates Phase 1 - Letter of Credit Reduction #5 - COW 4/6/04 & PW 3/28/04 Public Safetv Committee: 1. No Report. Administration Committee: 1. Special Census Agreement - Admin 4/7/05 2. Land Cash Valuation Analysis & Report - Admin 4/7/05 3. Resolution Declaring Intent to Issue Special Tax Bonds for Autumn Creek SSA - Admin 4/7/05 4. Resolution to Dissolve and Transfer Chief s Account - Admin 4/7/05 5. Dental/Vision Self Insured Plan - Admin 4/7/05 6. Revised FY 04/05 Budget 7. Proposed FY 05/06 Budget Executive Session: 1. For the purchase or lease of real property for the use of the public body. Additional Business: _`,C°® Cll.)" ,?o United City of Yorkville Memo '" 800 Game Farm Road ZEST. iitmE 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-4350 P01 ix Fax: 630-553-7575 14 Kendal County Date: April 18, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant CC: Department Heads Subject: Additional information for Committee of the Whole packet—April 19, 2005 Attached please find information on the following items: Presentation #1 - Pulte Homes—Del Webb Development EDC #3 —Lincoln Prairie Yorkville Annexation Agreement Admin#7 —Proposed FY 05/06 Budget Apr-18-05 02:18pm From-PULTE T-362 P.02/03 F-783 l [ ( ,: . 1, 1 lia f jØ 'M 2250 Point Boulevard April 15, 2005 Suite 401 Elgin, Illinois 60123 Tel: (847) 841-3500 The Honorable Arthur Prochaska Jr. United City of Yorkville Fax: (847) 793-0892 800 Game Farm Road www.dclwebb.com Yorkville, IL 60560 RE: Del Webb Presentation Dear Mayor Prochaska: Thank you for the opportunity to introduce Del Webb to the Yorkville City Council at the Committee of the Whole meeting on April 19, 2005. As you are aware, we are the contract purchaser for the Brummel and Garritano parcels west of Route 47 and north of Galena Road. The assemblage of the parcels is approximately 580 acres. Del Webb has been the leader in creating active adult communities since the very first Sun City opened in 1960. The Del Webb brand stands out because our communities are much more than homes for people aged 55 and over—we are about lifestyle and value. Decades of knowledge go into the planning and building of a truly unique living experience. The presentation on Tuesday will be a brief overview of the history of the company and the research we have done on developing communities where active adults want to live. It will also be an opportunity to answer any questions about a Del Webb community. A specific concept plan will be submitted soon and will follow the regular development process. Sun City Huntley was the first four seasons Del Webb community. Recently, new projects (Shorewood Glen in Shorewood and Edgewater in Elgin) have been approved in the Chicagoland area. You can view additional information on these and other new communities throughout the country at www.delwebb.com (select the state, then the community). We know that a Del Webb community is a long-term commitment. We also understand that for it to be successful, we must have a strong partnership with the United City of Yorkville. We are confident that working together with you, the staff, and the citizens we can build a premier active adult community in Yorkville. Apr-18-05 02:18pm From-PULTE T-36Z P 03/03 F-783 Again, thanks for your time and we look forward to working with you on this exciting new opportunity. Sincerely, dAki,_ 11/0 Matt Cudney Land Entitlement ager, Del Webb cc: City Council Members Tony Graff, City of Yorkville Lynn Dubajic, YEDC Karen Brunhofer, Del Webb Todd Briner, Del Webb Dan Venard, Del Webb Grant Status Report May 2004— September 2004 May—July 2004 Completed grant application and follow-up for the Grand Victoria Foundation grant for Natural area acquisition in the amount of$250,000. Laura Ross and Mark Yergler attend the August department head meeting to discuss communication process for potential grants. Laura Ross discussed and distributed grant identification sheets, potential projects needs from City of Yorkville staff. Will wait for City of Yorkville staff to contact regarding potential projects. Park and Recreation Staff contacted Laura Ross regarding OSLAD grant and potential projects. Mark Yergler and Laura Ross met with Park and Recreation Staff on June 10th to review potential OSLAD grant applications. July 2005 Mark Yergler completed DNR status report for the Rivers Edge OSLAD grant project. July— September Laura Ross and Mark Yergler completed the OSLAD grant application for Cannonball Ridge Park (Cannonball Estates and Kylyns Ridge subdivisions). Total Project cost $233,134; grant funds requested from OSLAD - $120,000. Laura Ross coordinated the site visitations by IDNR staff for the OSLAD Grants on September 30th and will be monitoring the progress of the grant requests. September 2004— March 2005 January 2005 — Springfield. Laura and Mark assisted Yorkville staff with the presentation to the IDNR review committee for funding of the OSLAD grant for Cannonball Ridge Park. Mark Yergler met with staff to discuss final report filing for the Rivers Edge Park— OSLAD Grant required paperwork. Received notification of funding for Illinois Tomorrow Corridor Grant for the amount of $102,000. Grant was submitted 7/29/03. Coordinated a meeting with Fox Valley Park District, Oswegoland Park District, Kendall County Forest Preserve, and City of Yorkville regarding regional Bike Path Connection Plans and pending DNR Bike Path grant application. Secured $100,000 COLT funding for West Hydraulic land acquisition— application submitted 12/15/02. Submitted IDNR Bike Path Grant application for Grand Reserve Bike Path Development for 4.2 miles of trails. Grant request is for $200.000 —total project is $490,000. Received notification on 3/28 that OSLAD grant in amount of$128,000 had been secured for Cannonball Ridge Park development. Met with Park and Recreation staff to investigate potential grants and funding. Items discussed included CDAP funding and projects, Boat Access and Infrastructure Grants (pending DNR development with the Glen Palmer Dam), Block Grants (currently requires communities to be economically challenged), Transportation — IDOT grants — (currently no additional funding available), Future construction of a Senior Center and/or service/ programs (research currently underway). Currently compiling information for the upcoming 05/ 06 OSLAD grant cycle (July 1 application deadline date). March 29, 200 10:57 AM From: Mark Yergkkv Fax?lumbar: 217-5294M Page 1 a 10 0 lF 1 I l ill Date: Monday, March 28, 2005 Time: 10:57 AM To: Laura Brown Company: Yorkville, City of Fax '1`umber: 630-553-4347 From: Mark Yergler, Schrader &Associates Subject: 2004 OSLAD Grant Announcements T >tal Number of Pages (including cover): 10 Memo: CONGRATULATIONS!! Just received this notice. More to follow as I hear more from DNR grant staff. They apparently have not yet received notification to send out the actual "approval" letters. If all pages were not received, please call back immediately: (217) 585-8271 ;larch 29, 2005 10:57 AM Fron,: Mark Verglar Fax Number: 217-329-Z66S Pages 2 of 10 • Illinois Department of Natural Resources Rod R Blapzcjevich, Governor. One Natural Resources Way•Springfield,Illinois 62702-1271 Joel Brunsvold,Director hitp://drx.stale.a.us FOR IMMEDIATE RELEASE CONTACT: March 25,2005 Gayle Simpson 217/558-1543 STATE ANNOUNCES $253 MILLION IN PARKS GRANTS • Funds for land acquisition and development of local parks throughout Illinois SPRINGFIELD—Illinois residents will have greater opportunities for recreation and relaxation as Governor Rod Blagojevich today announced S253 million in grants for 77 local park projects throughout Illinois. The grants fund an array of enhancements,including new land to be developed into parks,funding for new projects in existing parks, and protection of natural areas. "Developing parks is good for the Illinois economy. When people choose where they will raise their families,parks are part of the equation of evaluating quality of life in a community,"said Illinois Department of Natural Resources Director Joel Brunsvold. "As we make communities attractive to families by developing parks, we make the communities attractive to businesses looking for places to locate or expand where their employees will be happy." Funding for the grants derives from two sources established specifically to provide money for local park projects -the state Open Space Lands Acquisition and Development program($21.2 million)and the federal Land and Water Conservation Fund program ($4.1 million). The two matching grant programs provide up to one-half the funding for local park land acquisition and development projects. Today's grants will pay for a wide gamut of recreational opportunities. The new development projects include funds for new playgrounds,ball diamonds,basketball courts, soccer fields, walking and jogging paths, and skating facilities. The grant program is administered by the Illinois Department of Natural Resources. Local governments interested in applying for grants through OSLAD/LWCF should contact the IDNR Division of Grant Administration,One Natural Resources Way, Springfield, IL 62702-1271,or check the web site at http://dnr.state.il.us. -more- 490' *05 March 28, 2005 1€0:37 AM From: Mark Yergiar FMS Numbor: 217-3294M Page 3 of 10 FY2005 OSLAD/LWCF GRANT RECIPIENTS (A)- Land Acquisition Project (D)- Park Development Project (D)ALGONQUIN,VILLAGE OF(McHenry Co.) $400,000,to develop a 145-acre community park, including a bike path,tennis and basketball courts, soccer fields, playground, two shelters, interpretive trails and a parking lot. (ID) :ARRINGTON PARK DISTRICT (Lake Co.) $400,000,for initial development of a former brownfield site,adjacent to the Cuba Marsh Nature Preserve,to include playfields,trails, walking path,ice skating rink,picnic areas,shelters, gazebo,playground, amphitheater,nature hut,restrooms,maintenance building,road improvements and a parking lot. (D) 'ATAVIA PARK DISTRICT(Kane Co.)$400,000,to add balifield lighting, a playground, canoe launch area,and a BMX action park,as well as bridges,shoreline stabilization,habitat restoration,fishing stations,and shelter renovation. (D) BEDFORD PARK DISTRICT (Cook Co.)$400,000,for renovation of the 10.5-acre community park to include a splash pad playground,tot lot playground, shelter,restrooms, baseball and softball fields. (D) T ENSENVILLE PARK DISTRICT(DuPage Co.) $265,000,for development of the first passive park site in the community. Development will include a wetland demonstration area, native plants, a woodland garden, sensory and therapeutic gardens,shelter,interpretive displays, environmental-theme playground, drinking fountain and a parking lot. (D)BLOOMINGTON,CITY OF(McLean Co.) $400,000,for renovation of the existing Holiday Park pool. A new pool deck,filter system,children's pool,bathhouse/concession building and parking lot will be constructed. (A)CAROL STREAM PARK DISTRICT (DuPage Co.)$383,900,to acquire 4.5 acres of land for a neighborhood park. Proposed development will include a fitness trail,bocce ball courts,horseshoe pits,a shelter with game tables,landscaping and a parking lot (D)CHAMPAIGN PARK DISTRICT (Champaign Co.)$400,000,to renovate Centennial Park Pool. Renovation will be completed on the pool,bathhouse and filter building. (A)CHAMPAIGN PARK DISTRICT (Champaign Co.) $215,200,to acquire 18.2 acres for a neighborhood park on Staley Road in northwest Champaign. Future development will include a playground,basketball court,picnic shelter,practice sports fields,landscaping and parking. (D)CHARLESTON,CITY OF(Coles Co.)$400,000,to renovate Rotary Pool. Upgrades will Printed on recycled and recyclable paper Page-2- iarob 23, 2055 10:57 AM From: Mark Yargksr Fax Mia nbar: 217-629-8383 tees 4 of 10 include a new filter system,stainless steel guttering, concrete decking,zero depth wading pool, lengthening lap pool,mechanical/restroom/concession building and landscaping. (I))CHICAGO,CITY OF(Cook Co.) $576,000, development of a I.1-acre park Plans include relocating the parking lot,removing the fieldhouse and adding a playground, athletic field, basketball/volleyball court,lighting, seating and landscaped learning gardens. (D)CHICAGO,CITY OF(Cook Co.) $381,100,to develop 6.8-acre Palmer Square Park to include a playground,walking trails,soft surface jogging trail,open lawn areas, lighting, seating, and landscaping. (D)CHICAGO PARK DISTRICT (Cook Co.)$856,800, for initial development of Kedvale Park to include a soccer field,playground,basketball court, spray pool, landscaping, walkways, lighting,entry plazas and fencing. (D)CLA:'K COUNTY PARK DISTRICT (Clark Co.)$49,900,to further develop Mill Creek Recreation Area by constructing a shelter,basketball court,volleyball court, soccer/football field, parking and lighting. (A)CLYDE PARK DISTRICT (Cook Co.)$117,500,to acquirel9 acres of land as an expansion of North Clyde Park. The proposed development for this addition is a tot lot. (D)CRETE PARK DISTRICT (Will Co.)$163,100,to further develop Heritage Park with ballfields,picnic shelter,two playgrounds and a skate park (D) t0 ECATUR PARK DIST'.iCT(Macon Co.) $352,500,to develop soccer fields at Mound Park on Mound Road on the north side of Decatur. The project also includes the lighting of two existing soccer fields at the Soccer Complex and a.walking path around Mound Park. (D)DEKALB COUNTY FOREST PRESERVE DISTRICT $70,000,to further develop Potawatomi Woods Forest Preserve with water service,picnic shelters,interpretive trail with signage and an observation deck,play equipment, a canoe launch and landscaping (D)DUNDEE TOWNSHIP PARK DISTRICT (Kane Co.)$269,900,for initial development of Silverstone Lakes Park in Carpentersville. Development will include baseball fields,soccer fields,playground,exercise path,parking and landscaping. (A) JUPAGE COUNTY FOREST PRESERVE J ISTRICT (DuPage Co.)$703,000,to acquire 22.85 acres of land that will complete the acquisition of the Medinah Wetlands site. The site is a natural area for public education and enhancement of existing wetland flora and fauna. (D)ELGIN,CITY OF(Kane Co.)$400,000,to further develop Continental Park by adding a boat launch,fishing pier,playground, shelters,parking,shoreline stabilization and habitat enhancement. The ballfields will also be improved. Printed on recycled and recyclable paper Page-3- Marsh 28, 200 10:37 AM From: Mark Yurglnr Fax lumber: 217-5294'65 Pags 5 of 10 (D)ELK GROVE PARK DISTRICT(Cook Co.)$400,000, for construction of a new pool,tot pool, in-line skating/ice rink,picnic area and pathways in Rainbow Falls Water Theme Park. (D)EVANSTON,CITY OF(Cook Co.) $400,000,for redevelopment of Mason Park. Construction will include upgrading the playgrounds,basketball courts,baseball fields, walkways,and site furnishings. (D)FAIRMOUNT,VILLAGE OF(Vermilion) $30,300,for renovation of the existing community park located on State Street. Improvements include a new playground,repairs to the pavilion,basketball court,tennis court, and the development of a parking lot (I))FRANKFORT PARK DISTRICT (Will Co.) $221,000, construction of the new 20-acre Jackson Creek Park site with shelters, a playground,ballf elds, a skate park,fishing pier, basketball courts, open play areas,walking path,restroom building and landscaping. (I))FRANKFORT SQUARE PARK DISTRICT (Will Co.) $144,000,to improve Union Creek Park, including a fenced dog park area with exercise structures, a teen performance shelter, a new playground and therapeutic sensory garden. (D)FRANKLIN PARK --'STRICT (Cook Co.)$151,500,to redevelop Robinson Crusoe Park, located on Crescent Drive. Development plans include a playground,t-ball field,ball practice area with batting stations,basketball shoot-around and a water spray ground. (A)FREMONT TOWNSHIP(Lake Co.) $601,800,to acquire 28 acres of land for future park development. Planned future development consists of multi-use football/soccer/lacrosse fields, picnic shelter,playground, gardening plots, interpretive trail and restroom facilities. (D)GENEVA PARK DISTRICT(Kane Co.)$400,000,to develop Mill Creek Community Park on Keslinger Road. Proposed facilities include ballfields,football fields, an access road, parking,shelter,playground, interpretive paths and wetland/prairie restoration. (D)GENOA TOWNSHIP PARK DISTRICT (Dekalb Co.) $192,900,to develop a new 4.11- acre neighborhood park on Madison Street. Amenities will include an interpretive/walking path, playground,picnic pavilion and landscaping. (D)GRAYSLAKE PARK DISTRICT(Lake Co.) $400,000,to restore and expand resources at Central Park. Planned development includes three group picnic shelters, a community scale playground, an interactive water splash pad,a senior citizen recreation area with game tables and courts, accessible fishing overlooks, an amphitheater with pavilion with terraced seating (A)GRAYSLAKE PARK DISTRICT (Lake Co.) $750,000,to acquire 40 acres on Alleghany Road in southern Grayslake. Future development of the site includes sports fields and courts, picnic areas, a playground,trails,habitat restoration and parking. Printed on recycled and recyclable paper Page -4- ,laroh 29, 2003 10:37 Paji From: Mark Yoegler FE:: Numbar: 217-3294St3S Fags S of 10 (D)GURNEE PARK DISTRICT (Lake Co.)$283,500, initial development of Churchill Hunt Park. Proposed development will include habitat restoration in the woods and wetlands,walking paths, interpretive trails and signs,playground, shelter,basketball and teen skate area. (D)HANOVER PARK DISTRICT(DuPage Co.)$350,900,to redevelop the 30-acre Heritage Park, located on Arlington Drive in Hanover Park. The project includes the renovation of the basketball and tennis courts, playground improvements, erosion control measures around the lake, a fishing pier,lighting and a new pavilion. (D)HE 1 RON TOWNSHIP(McHenry Co.) $246,100,to develop a new 10-acre community park east of the Village of Hebron, adjacent to the Hebron Trail. Park amenities will include picnic shelters, baseball and soccer field,restroom facility and access to the trail. (1))HOMER TOWNSHIP(Will Co.)$365,000,to develop the 50-acre Trantina Farm.The new park site will offer a nature interpretive center,picnic shelters, a farm theme playground, equestrian trails,and a dog exercise park. (D)JO NSON COUNTY (Johnson Co.) $338,900,to develop a sports complex near Vienna. The new complex will include an access road,soccer fields and a football field. (D)JOLIET PARK DISTRICT(Will Co.)$200,000,to upgrade facilities at the Inwood Sports Complex. New additions to the park will include a skate park,regulation horseshoe pits, a bocce ball area,a 3,300-foot walking trail,replacement of a playground and a gazebo. (D)BANE COUNTY FOREST PRESERVE DISTRICT, $344,100,to develop the 1,000-acre Dick Young Preserve. Proposed site features include interpretive trails and signs,hiking and equestrian trails, a 1.5-mile extension of the regional bike path, interpretive and picnic shelters, 150 acres of prairie and wetland habitat restoration,access areas and parking. INDALL COUNTY FOREST PRESERVE DISTRICT, $750,000,to acquire 140 acres on the Fox River,west of Yorkville on Fox Road. The property contains nearly one mile of Fox River shoreline,wooded bluffs,ravines,wetlands, seeps and 150 native plant species- including state threatened plants and trees. LAKE VILLA TOWNSHIP(Lake Co.) $750,000,to acquire 39 acres of undeveloped woodland,wetland and open space adjacent to District 41 Olive C. Martin School. Future development will include hiking,biking,skiing trail,fishing,ice skating,picnicking,primitive camping site and multi-use play fields. (D)LEMONT TOWNSHIP(Cook Co)$400,000,to develop 58 acres for passive recreation opportunities in Heritage Woodland Sanctuary Park. The project include enahcnemment of natural areas,walking trails, and a small playground. Printed on recycled and recyclable paper Page -5- March 23,2005 10:57 AM From: Mark VgrgGar Fax Nto nb®r: 217-629-066S page 7 of 10 (D)MADISON,CITY OF (Madison Co.)$120,000,to develop Chouteau Island. The first phase will involve constructing a parking and entrance area and a paved connection to the trailhead. Construction of the nature trails will involve wetland delineation,interpretive signs, benches and viewing areas. (A)MAHOMET,VILLAGE OF(Champaign Co.)$83,000,to acquire 10.72-acres of park land located on Diane Lane. Future planned improvements include youth ball fields,field for youth soccer and flag football,tennis courts, full and half court basketball, horseshoe pits, pavilion and walking trail (D)MARYVILLE,VILLAGE OF(Madison Co.)$99,100,to make improvements to the 60- acre Drost Park. Planned development will include an observation deck and fishing pier, a wildlife exhibit, a shelter/restroom facility and expansion of the parking area. MCHENRY COUNTY CONSERVATION DISTRICT(McHenry Co.) $750,000,to acquire a 219-acre oak woodland area on O'Brien Road. The acquisition will add to a 390-acre existing area known as Bailey's Woods west of Hebron. This project will preserve greenway along the upper reaches of the North Branch of the Nippersink Creek. MEMORIAL PARK DISTRICT (Cook Co.)$400,000,to redevelop Stevenson Park, located on Washington Boulevard in Bellwood. Proposed facilities will include a water playground,a children's playground,senior citizens area,walking path,picnic shelter, gazebo with stone amphitheater,fishing pond and pier, and lighting for the basketball courts. (D)1\ r'TRO EAST PARK AND RECREATION DISTRICT(St. Clair Co.) $400,000,to develop the Malcolm W. Martin Memorial Park on 31.4 acres of donated land. Proposed development will include picnic shelters,a terraced picnic area,multi-use trails, interpretive signs,natural habitat enhancement, observation deck,access drive and parking. (D)MUNDELEIN PARK DISTRICT(Lake Co.) $400,000,to develop a 7-acre aquatic facility on Midlothian Road. Phase four of this multi-phased project will include a zero depth pool,bath house,concession area, and sun and shade areas. (D)NAPERVILLE PARK DISTRICT(Will County), $400,000,to further develop the 80-acre Commissioners Park site on 111th and 248th Streets in southwestern Naperville. Phase II development includes four half-court basketball courts,a playground,fishing pier,skateboard/in- line skate facility,fitness stations for the multi-use trail,two lighted sand volleyball courts and a picnic shelter with restrooms. (D)NEW CANTON,TOWN OF(Pike County), $51,100,to renovate a 3-acre park on Church Street. Facilities include a playground,half-court basketball,refurbished horseshoe pits, along with new walkways and a parking area. Printed on recycled and recyclable paper Page -6- larch 28, 2005 W0:57 AM From: Mark Varg@or Fax itlurrsbar: 217-529-8898 Page 9 of 10 (D)NEW LENOX COMMUNITY PARK DISTRICT (Will County), $400,000,to develop a 4.4-acre park. Amenities include two shelters, sand volleyball courts, playground area, interior walkways, an open play area, landscaping and parking. NORTH UTICA,VILLAGE OF(LaSalle County), $182,000,to acquire a 17.75-acre property on the Illinois River. Future development includes a boat access, fishing piers, a boardwalk with viewing platform,picnic areas,walking paths and parking. D) PEORIA PARK DISTRICT (Peoria County), $320,000,to develop a new 34-acre park site west of Koerner Road. Facilities include tennis courts,a playground,soccer and baseball fields, two shelters, a fishing pier,multi-use trail, a skate park,basketball court and parking area. (D)PINCKNEYVILLE,CITY OF(Perry County), $38,200,to develop an accessible fishing Pier,two pavilions and parking area at the 170-acre city lake. (D)RANIKIN,VILLAGE OF(Vermilion County), $50,300,to complete the development of a 0.6-acre site with playground equipment,a new pavilion,a pathway around the perimeter of the park,site lighting and parking lot improvements. (A)RO;. :INS, VILLAGE OF(Cook County), $187,900,to acquire 10.6 acres of open space off 137th Street for the future development of soccer and softball fields,multi-use trails and landscaping. (A)ROCKFORD PARK i ISTRICT(Winnebago Co.), $612,000,to acquire the existing Roy Gayle Park. The complex includes 55 acres of open space with seven baseball/softball diamonds, a concession building and parking (D)ROCKTON,VILLAGE OF(Winnebago County), $396,700,to renovate and add new facilities at a 10.2-acre park on Blackhawk Avenue and Hawick Street The existing softball diamond, soccer/football field and recreation path will be improved. New facilities include a picnic shelter with restrooms and drinking fountain,basketball courts,a boating/fishing pier and landscaping. The project also includes the donation of a 5-acre parcel to expand the existing site. (D)ROSELLE PARK DISTRICT(DuPage County), $258,500,to redevelop 15-acre Turner Park on Roselle and Devon. Phase one includes a new playground, splash pad, fishing pier, a basketball/volleyball court, additional pathways, landscaping and picnic shelter and parking lot improvements (D)SAVOY,VILLAGE OF (Champaign County), $400,000,to develop a 50-acre community park. This first phase consists of the construction of entrances and an access road,two soccer/football fields,a multi-use trail around the site and parking area. (D)SILVIS,CITY OF(Rock Island County), $81,800,to develop 10 acres. Planned amenities Printed on recycled and recyclable paper Page -7- larch 23, 2005 10:57 AM Frnm: Mark ergker Paw Number: 217-5 s9-s 6Se Page 9 a 10 include playground equipment, a picnic shelter,restroom facilities, hiking/nature trails,prairie plantings, along with an access road and parking area. (D)SOUTH ELGIN,VILLAGE OF(Kane County), $212,000,to initially develop a 10-acre park site on McDonald Road. The park will feature a multi-purpose lighted athletic field for soccer and football, a multi-purpose sport court for roller hockey,full court basketball and winter ice skating, a playground,picnic shelter,trails and a parking area. (1))SPRING VALLEY,CITY OF(Bureau County), $150,800,to renovate 19-acre Kirby Park on Devlin Street. Improvements will include a new soccer field, a summer/winter skating facility,fitness trail with six fitness stations, conversion of existing tennis courts into a tennis court and basketball courts, and parking and pathway improvements. (D)ST. CHARLES PARK DISTRICT(Kane County), $391,300,to develop a 46-acre site off Kirk Road in eastern St. Charles. Amenities include nine soccer fields,a playground,fishing pond and pier,one mile of pathway with exercise stations,a picnic shelter and parking. (A)ST.CLAIR COUNTY, $304,000,to acquire 91.66 acres to expand Foley Park,northeast of Smithton on Douglas Road. Future development includes a multi-use trail and parking. (D)ST.JOSEF• VILLAGE OF(Champaign County), $400,000,to develop a 40-acre community park near U.S. Route 150 and Sportsmen's Club Road. The first phase includes a roller hockey/basketball court,three softball/baseball fields,a football/soccer field,playground, multi-use trails and a pavilion with concession stand and restrooms. (A) SWANSEA,VILLAGE OF(St. Clair County), $157,100,to acquire 10.27 acres of open space located off Honeysuckle Lane. Future development includes shelters,tennis courts, sand volleyball,playground,walking trail,band shell, restrooms,parking and landscaping. (D)SYCAMORE PARK DISTRICT (DeKalb County), $306,400,to develop a 13-acre park site which includes a 9-acre pond. Amenities include a fishing pier, picnic shelter,parking area, a multi-use trail around the site and a bike/pedestrian bridge over the Kishwaukee River for a path connection to the north. (D)VENICE,CITY OF(Madison County), $148,900,to develop a 1-acre park site off the McKinley Bridge entrance with two picnic shelters,a drinking fountain,educational kiosk, lighting,landscaping and parking area. (D)WARRENVILLE PARK DISTRICT (DuPage County), $302,000,to develop a 5.17-acre parcel adjacent to an existing park site off Talbot Street. Planned development at the site includes a new baseball/softball field,soccer/football field,picnic shelter,tennis courts, in-line skating area,playground,pathway improvements, interpretive signs and parking lot improvements. (Contact: Diane Dillow, 630/393-7279) Printed on recycled and recyclable paper Page -8- larch 23, 2005 10:57 AM From: Mark` erglnr Fax it aratcev: 217-52s-sass Page 10 of 10 (D)WASHINGTON PARK DISTRICT(Tazewell Co.), $400,000,to renovate Washington Park Pool. A new bathhouse will be constructed and improvements will be made to the existing pool. A new picnic shelter and playground will also be constructed (D)WILL COUNTY FOREST PRESERVE :t ISTRICT, $400,000,to develop the 620-acre Messenger Marsh Preserve in northeast Will Co. Amenities include a group picnic shelter, latrine,wildlife observation overlooks,primitive camping sites,an improved parking area and 1.5 miles of multi-use trails. (A)WINNE::AGO COUNTY FOREST PRESERVE DISTRICT, $476,000,to acquire 252 acres at South Bluff Road and Rockton Road adjacent to the Village of Rockton. The site lies along the Rock River and future development includes wetland and prairie restoration,hiking trails,fishing areas and parking. (D)WINNE:AGO PARK DISTRICT (Winnebago County), $325,200,to develop a 26-acre site off Church Street in Winnebago. Planned development includes baseball and softball fields, horseshoe and bocce ball,sand volleyball and a playground. (D)WINNETKA PARK DISTRICT(Cook County), $250,000,to renovate a 17-acre site at Willow Road and Euclid Avenue. Improvements include the renovation of a picnic shelter into an interpretive center, a new picnic area, additional pathway with a boardwalk through the natural area,additional plantings and benches. (ID)YORKVILLE,CITY OF(Kendall County), $128,000,to develop a 3.3-acre neighborhood park site on Western Lane in northwest Yorkville. Project elements include a park shelter, playground area,three basketball half-courts, drinking fountain and landscaping -30- Printed on recycled and recyclable paper Page -9- Charles H. Schrader and Associates 2 South 648 Deerpath Road Batavia, Illinois 60510 Laura Ross -Stuart Mark Yergler Tele: (630) 879-2084 Tele: (217) 585-8271 FAX: (630) 879-3659 FAX: (217) 529-8666 March 22, 2005 MEMO TO: Laura Brown FROM: Laura Ross - Stuart RE: Annual Letter of Understanding Please find attached our renewal letter for services for the up-coming year. It has been a pleasure serving you this past year and we look forward to another successful year. Please call Mark if you have any questions. Thank you for your consideration. Laura C. H. Schrader & Associates 2 South 648 Deerpath Road Batavia, Illinois 60510 Laura Ross -Stuart Mark Yergler Tele: (630) 879-2084 Tele: (217)585-8271 FAX: (630) 879-3659 FAX: (217) 529-8666 Mr. Anton Graff, City Administrator April 1, 2005 United City of Yorkville 800 Game Farm Rd. Yorkville, Illinois 60560 Dear Mr Graff: Please accept this as a letter of understanding for professional consulting services provided by C.H. Schrader & Associates(CHSA), to the United City of Yorkville for the period of one year. It is our understanding that we are to 1) help assess the City's future park/open space capital plan and City infrastructure needs, 2) research potential grant sources, 3) develop long range grant strategies, 4) consult with you and your staff on these programs and strategies, and 5)prepare and present grant applications as directed by your agency. The general area of grant research will be in, but not limited to, state and federal funding programs. In addition,we will perform necessary agency liaison work in Springfield and Washington relevant to such grant programs and work with you and your staff to help ensure successful management of approved grant projects in accordance with individual program guidelines. To carry out the above referenced work, it is understood that your staff will provide, as necessary and in a timely manner, appropriate agency background infoimation,statistics,materials,and reproductions for the grant applications. This is generally limited to project development plans/maps, cost estimates, master plans, public hearing documentation, environmental evaluation information, and documents relating to property ownership. Once a project is approved for funding,we will also need the actual project implementation cost records as a part of the reimbursement/final project report package. For these services, we understand that a fee of$14,000(fourteen thousand dollars) is to be paid in quarterly installments beginning May 1, 2004. In addition, we understand we may be reimbursed for out of pocket expenses with your prior approval. We hope this fairly represents our discussions. We thank you and look forward to an exciting and successful relationship with you. Sincerely, Z(_LA Lura Ross-Stuart Mark Yergler SCHRADER &ASSOCIATES Accepted by: (signature) (date) Please return one copy to Schrader &Associates at the above address. )ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:30:10 DETAIL BOARD REPORT .D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM IENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT kROLAB ARRO LABORATORY, INC. 33850 04/08/05 01 WATER OP-SAMPLES 51-000-65-00-5822 00202456 04/26/05 20.00 WATER SAMPLES INVOICE TOTAL: 20.00 VENDOR TOTAL: 20.00 ATT AT&T 6305534350-0305 03/24/05 01 ADMIN-CITY HALL PHONE CHARGES 01-110-62-00-5436 04/26/05 6.73 TELEPHONE 02 PD-CITY HALL PHONE CHARGES 01-210-62-00-5436 6.73 TELEPHONE 03 WATER OP-CITY HALL PHONE CHGS 51-000-62-00-5436 6.74 TELEPHONE INVOICE TOTAL: 20.20 VENDOR TOTAL: 20.20 BANKONE CARDMEMBER SERVICES 040605 04/06/05 01 PD-HOTEL & MEALS FOR 3 01-210-64-00-5605 04/26/05 224.19 TRAVEL EXPENSES 02 EMPLOYEES AT ILEAS CONFERENCE ** COMMENT ** 03 PD-GAS 01-210-65-00-5812 27.25 GASOLINE 04 PD-TUITION Q NORTHWOOD UNIV. 01-210-64-00-5608 760.00 TUITION REIMBURSEMENT 05 FOR RON DIEDERICH ** COMMENT ** INVOICE TOTAL: 1,011.44 VENDOR TOTAL: 1,011.44 040605 04/06/05 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 04/26/05 322.46 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 322.46 VENDOR TOTAL: 322.46 P1 )ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 2 'IME: 12:30:10 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 7ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 3ATSERV BATTERY SERVICE CORPORATION 137791 03/18/05 01 STREETS-2 TRUCK BATTERIES 01-410-62-00-5409 00202521 04/26/05 109.90 MAINTENANCE-VEHICLES INVOICE TOTAL: 109.90 VENDOR TOTAL: 109.90 040705 04/07/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 110.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 110.00 041105 04/11/05 01 VISION ASSISTANCE 01-110-50-00-5205 04/26/05 85.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 85.00 VENDOR TOTAL: 195.00 BKFD BRISTOL KENDALL FIRE DEPART. 033105-DEV 03/31/05 01 TRUST/AGENCY-JAN, FEB, MARCH 95-000-78-00-9010 04/26/05 152,750.00 BKFD DEV FEE PAYMENTS 02 2005 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 152,750.00 VENDOR TOTAL: 152,750.00 021705 04/10/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 138.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 138.00 030305 04/10/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 127.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 127.00 VENDOR TOTAL: 265.00 P2 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 3 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 ' INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ARGIL CARGILL, INC 1294120 03/17/05 01 WATER OP-LOAD SALT 51-000-62-00-5407 00202464 04/26/05 1,389.85 TREATMENT FACILITIES O&M INVOICE TOTAL: 1,389.85 VENDOR TOTAL: 1,389.85 :ENLIME CENTRAL LIMESTONE COMPANY, INC 2510 03/31/05 01 STREETS-CA-6 STONE, & 4" STONE 01-410-65-00-5817 00202523 04/26/05 780.97 GRAVEL INVOICE TOTAL: 780.97 VENDOR TOTAL: 780.97 041205 04/13/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 201.20 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 201.20 VENDOR TOTAL: 201.20 i :OMED COMMONWEALTH EDISON 0603137051-0405 04/05/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 216.35 ELECTRICITY 02 1991 CANNONBALL TRL PUMP ** COMMENT ** INVOICE TOTAL: 216.35 0793671002-0305 03/23/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 7,521.25 ELECTRICITY 02 420 FAIRHAVEN DR ** COMMENT ** INVOICE TOTAL: 7,521.25 1151159019-0405 04/04/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 37.20 ELECTRICITY 02 4600 N BRIDGE ST WATER ** COMMENT ** P3 SATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 4 'IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OMED COMMONWEALTH EDISON 1151159019-0405 04/04/05 03 STORAGE TANK ** COMMENT ** 00202522 04/26/05 INVOICE TOTAL: 37.20 1215036017-0305 03/23/05 01 STREETS-MONTHLY CHARGES 01-410-62-00-5435 00202522 04/26/05 3.30 ELECTRICITY 02 495 PARKSIDE LN LITE ** COMMENT ** INVOICE TOTAL: 3.30 1242045013-0405 04/04/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 144.58 ELECTRICITY 02 GRANDE RESERVE WELL #9 ** COMMENT ** INVOICE TOTAL: 144.58 1263138068-0305 02/17/05 01 WATER OP-MONTHLY BILL 51-000-62-00-5435 04/26/05 2,113.97 ELECTRICITY 02 2702 MILL RD DEEPWELL #8 ** COMMENT ** INVOICE TOTAL: 2,113.97 1263138095-0405 04/04/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 1,649.00 ELECTRICITY 02 2702 MILL RD DEEPWELL 8 ** COMMENT ** INVOICE TOTAL: 1,649.00 1491138036-0305 03/31/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 196.89 ELECTRICITY 02 1908 RAINTREE - PUMP ** COMMENT ** INVOICE TOTAL: 196.89 2808132114-0405 04/04/05 01 STREETS-MONTHLY CHARGES 01-410-62-00-5435 00202522 04/26/05 217.71 ELECTRICITY 02 7 COUNTRYSIDE PKWY LITE ** COMMENT ** INVOICE TOTAL: 217.71 4438001000-0305 03/24/05 01 STREETS-MONTHLY CHARGES 01-410-62-00-5435 00202522 04/26/05 1,607.63 ELECTRICITY P4 BATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 5 'IME: 12:30:10 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :OMED COMMONWEALTH EDISON 4438001000-0305 03/24/05 02 CITY STREET LIGHTS ** COMMENT ** 00202522 04/26/05 INVOICE TOTAL: 1,607.63 4893044029-0405 04/04/05 01 SEWER OP-MONTHLY CHARGES 52-000-62-00-5435 00202522 04/26/05 60.34 ELECTRICITY 02 1064 WHITE PLAINS LIFT STATION ** COMMENT ** INVOICE TOTAL: 60.34 5031044028-0405 04/04/05 01 WATER OP-MONTHLY CHARGES 51-000-62-00-5435 00202522 04/26/05 3.74 ELECTRICITY 02 2224 ASTOR LN DEEP WELL #7 ** COMMENT ** INVOICE TOTAL: 3.74 5243028029-0405 04/01/05 01 SEWER OP-MONTHLY CHARGES 52-000-62-00-5435 00202522 04/26/05 154.83 ELECTRICITY 02 276 WINDHAM CIR LIFT STATION ** COMMENT ** INVOICE TOTAL: 154.83 5601054009-0405 04/04/05 01 STREETS-MONTHLY CHARGES 01-410-62-00-5435 00202522 04/26/05 124.90 ELECTRICITY 02 1 MCHUGH RD LITE ** COMMENT ** INVOICE TOTAL: 124.90 6933026081-0405 04/04/05 01 STREETS-MONTHLY CHARGES 01-410-62-00-5435 00202522 04/26/05 282.00 ELECTRICITY 02 1 COUNTRYSIDE PKWY LITE ** COMMENT ** 03 METERED/PKG LOT LITE ** COMMENT ** INVOICE TOTAL: 282.00 7026711005-0405 04/01/05 01 STREETS-MONTHLY CHARGES 01-410-62-00-5435 00202522 04/26/05 129.24 ELECTRICITY 02 133 E HYDRAULIC ST ** COMMENT ** INVOICE TOTAL: 129.24 VENDOR TOTAL: 14,462.93 P5 )ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 6 'IME: 12:30:10 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :ONDESGN CONSERVATION DESIGN FORUM 0003659 03/31/05 01 PASQUINELLI DEVELOPMENT 01-000-13-00-1372 04/26/05 150.00 A/R - OTHER INVOICE TOTAL: 150.00 0003660 03/31/05 01 BLDG/ZONE-WETLAND PROTECTION 01-220-62-00-5401 04/26/05 450.00 CONTRACTUAL SERVICES 02 ORDINANCE ** COMMENT ** INVOICE TOTAL: 450.00 VENDOR TOTAL: 600.00 2OREXP CORPORATE EXPRESS 59957879C 03/24/05 01 ADMIN-JOINT PURCHASING, 01-110-65-00-5802 00102276 04/26/05 427.69 OFFICE SUPPLIES 02 ENVELOPES, FOLDERS, HANGING ** COMMENT ** 03 FOLDERS, PERMANENT MARKERS, ** COMMENT ** 04 COPY PAPER, PENS, RUBBERBANDS, ** COMMENT ** 05 LABELS, WHITE OUT ** COMMENT ** INVOICE TOTAL: 427.69 60141210 03/24/05 01 SEWER OP-LIQUID HAND SOAP 52-000-65-00-5805 00102276 04/26/05 31.73 SHOP SUPPLIES INVOICE TOTAL: 31.73 VENDOR TOTAL: 459.42 CROWE CROWE CHIZEK AND COMPANY LLC 728-1372373 03/30/05 01 ADMIN-TIME CHARGES RELATED TO 01-110-61-00-5308 04/26/05 2,504.00 GASB 34 02 IMPLEMENTATION OF GASB 34 ** COMMENT ** INVOICE TOTAL: 2,504.00 VENDOR TOTAL: 2,504.00 CUSTOM CUSTOM SIGNS P6 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 7 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT USTOM CUSTOM SIGNS 032905 03/29/05 01 ENG-LETTERING FOR YORKVILLE 01-150-62-00-5409 04/26/05 90.00 MAINTENANCE-VEHICLES 02 ENGINEERING DEPT. TRUCK ** COMMENT ** INVOICE TOTAL: 90.00 VENDOR TOTAL: 90.00 IENTONG DENTON, GAIL MARIE 040604-COW 10/08/04 01 MINUTES-COW ON 04/06/04 01-110-62-00-5401 04/26/05 78.75 CONTRACTUAL SERVICES INVOICE TOTAL: 78.75 VENDOR TOTAL: 78.75 )EPO DEPO COURT REPORTING SVC, INC 11787 03/28/05 01 ADMIN-PLAN COMMISSION HEARING 01-110-62-00-5401 04/26/05 244.65 CONTRACTUAL SERVICES 02 MARCH 23, 2005 ** COMMENT ** INVOICE TOTAL: 244.65 11804 04/07/05 01 ADMIN-CITY COUNCIL MTG 1/11/05 01-110-62-00-5401 04/26/05 329.35 CONTRACTUAL SERVICES INVOICE TOTAL: 329.35 VENDOR TOTAL: 574.00 040705 04/08/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 620.69 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 620.69 VENDOR TOTAL: 620.69 DODD L.J. DODD CONSTRUCTION INC 040405-EEI 04/04/05 01 WATER IMPROV-ENGINEER'S 41-000-75-00-7504 04/26/05 42,298.47 NORTH WATER TOWER-CONTRACT P7 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 8 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ODD L.J. DODD CONSTRUCTION INC 040405-EEI 04/04/05 02 PAYMENT ESTIMATE NO. 4, ** COMMENT ** 04/26/05 03 CONTRACT A.2A, CANNONBALL ** COMMENT ** 04 TRAIL BOOSTER PUMP/PRESSURE ** COMMENT ** 05 REDUCING VALVE STRATION, ** COMMENT ** INVOICE TOTAL: 42,298.47 VENDOR TOTAL: 42,298.47 )OMEST DOMESTIC UNIFORM RENTAL 033105 03/31/05 01 SEWER OP-UNIFORM RENTAL 52-000-62-00-5421 00202413 04/26/05 146.24 WEARING APPAREL 02 STREETS-UNIFORM RENTAL 01-410-62-00-5421 292.48 WEARING APPAREL INVOICE TOTAL: 438.72 VENDOR TOTAL: 438.72 EI ENGINEERING ENTERPRISES, INC. 30831 11/30/04 01 MFT-CONTINGENCY FAXON ROAD EXT 15-000-75-00-7112 04/26/05 3,185.00 FAXON ROAD ENGINEERING INVOICE TOTAL: 3,185.00 31106 12/29/04 01 MFT-CONTINGENCY FAXON ROAD EXT 15-000-75-00-7112 04/26/05 2,275.00 FAXON ROAD ENGINEERING INVOICE TOTAL: 2,275.00 VENDOR TOTAL: 5,460.00 ELAN ELAN FINANCIAL SERVICES 040405-COY 04/04/05 01 STREETS-ASCE CONFERANCE 01-410-64-00-5604 04/26/05 120.00 TRAINING & CONFERENCES 02 ADMIN-2 NOTARY STAMPS 01-110-65-00-5804 31.30 OPERATING SUPPLIES 03 ADMIN-MAYOR SYMPATHY FLOWERS 01-110-64-00-5607 129.95 PUBLIC RELATIONS P8 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 9 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :LAN ELAN FINANCIAL SERVICES 040405-COY 04/04/05 05 ADMIN-NEXTEL CLIP REPLACEMENT 01-110-62-00-5438 04/26/05 48.01 CELLULAR TELEPHONE 06 PD-SEYFARTH SHAW CONFERENCE 01-210-64-00-5604 190.47 TRAINING & CONFERENCE 07 WATER OP-MEALS FOR EMPLOYEES 51-000-64-00-5605 80.90 TRAVEL EXPENSES 08 @ ASCE CONFERENCE ** COMMENT ** 09 WATER OP-HOTEL FOR ASCE CONF. 51-000-64-00-5605 346.50 TRAVEL EXPENSES 10 ADMIN-MEALS FOR T. GRAFF AT 01-110-64-00-5605 18.68 TRAVEL/MEALS/LODGING 11 LEADERSHIP CONFERENCE ** COMMENT ** 12 ADMIN-HOTEL FOR T. GRAFF AT 01-110-64-00-5605 154.00 TRAVEL/MEALS/LODGING 13 LEADERSHIP CONFERENCE ** COMMENT ** 14 STREETS-AWWA SEMINAR 01-410-64-00-5604 25.00 TRAINING & CONFERENCES 15 ADMIN-MAYOR'S MASTER FACILITY 01-110-64-00-5605 50.22 TRAVEL/MEALS/LODGING 16 MEETING LUNCHEON ** COMMENT ** INVOICE TOTAL: 1,195.03 VENDOR TOTAL: 1,195.03 040605 04/06/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 98.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 98.00 VENDOR TOTAL: 98.00 FEWHEAT F.E. WHEATON & CO. , INC. 677638 03/14/05 01 WATER OP-LOCK & KEYS 51-000-65-00-5804 04/26/05 36.61 OPERATING SUPPLIES INVOICE TOTAL: 36.61 VENDOR TOTAL: 36.61 P9 )ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 10 'IME: 12:30:10 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM IENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT %OXRIDGE FOX RIDGE STONE 3074 03/31/05 01 SEWER OP-STONE 52-000-65-00-5817 00202528 04/26/05 1,115.92 GRAVEL INVOICE TOTAL: 1,115.92 VENDOR TOTAL: 1,115.92 FVFS FOX VALLEY FIRE & SAFETY 272723 04/06/05 01 STREETS-YEARLY ESTINGUISHER 01-410-75-00-7004 00202527 04/26/05 143.20 SAFETYEQUIPMENT 02 CHECK ** COMMENT ** INVOICE TOTAL: 143.20 VENDOR TOTAL: 143.20 GARDCRT GARDNER, CARTON & DOUGLAS 3266573 03/21/05 01 BLDG/ZONE-BROWNFIELD PROJECT 01-220-62-00-5401 1ES 04/26/05 582.60 CONTRACTUAL SERVI 02 DOWNTOWN ** COMMENT ** INVOICE TOTAL: 582.60 VENDOR TOTAL: 582.60 GRAINCO GRAINCO FS. , INC. 033105 03/31/05 01 WATER OP-FILL PROPANE CYLINDER 51-000-65-00-5804 04/26/05 41.32 OPERATING SUPPLIES 02 SEWER OP-MONTHLY FUEL USAGE 52-000-65-00-5812 564.29 GASOLINE INVOICE TOTAL: 605.61 VENDOR TOTAL: 605.61 HAPPY HAPPY HOUNDS 441912 04/01/05 01 PD-20LB POUND BAG OF DOG FOOD 01-210-65-00-5804 04/26/05 39.99 OPERATING SUPPLIES P10 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 11 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT [APPY HAPPY HOUNDS 441912 04/01/05 02 FOR SAMMY ** COMMENT ** 04/26/05 INVOICE TOTAL: 39.99 VENDOR TOTAL: 39.99 IENNE VERNE HENNE CONSTR. & 26058 03/11/05 01 MUNICIPAL BLDG- REPLACE 7 16-000-75-00-7200 00402192 04/26/05 1,113.00 BLDG IMPROV- BEEHCER/RIVFR 02 LAMPS AT RIVERFRONT ADMIN BLDG ** COMMENT ** INVOICE TOTAL: 1,113.00 26081 03/29/05 01 WATER OP-INSTALL STREET LIGHT 51-000-65-00-5804 00202463 04/26/05 181.69 OPERATING SUPPLIES 02 (4) CETNER PARKWAY & NADEN CT. ** COMMENT ** INVOICE TOTAL: 181.69 VENDOR TOTAL: 1,294.69 [CCI INTERNATIONAL CODES 20050403 04/04/05 01 ADMIN -MARCH 2005 PERMITS 01-110-61-00-5314 04/26/05 87,039.95 BUILDING INSPECTIONS INVOICE TOTAL: 87,039.95 VENDOR TOTAL: 87, 039.95 ICE ICE MOUNTAIN 05C8105151347 03/31/05 01 PD-8 5 GALLON JUGS OF WATER 01-210-65-00-5804 04/26/05 66.50 OPERATING SUPPLIES INVOICE TOTAL: 66.50 VENDOR TOTAL: 66.50 ILSTATPD ILLINOIS STATE POLICE 033105-PD 03/31/05 01 PD-EMPLOYEE BACKGROUND CHECK 01-210-65-00-5804 04/26/05 10.00 OPERATING SUPPLIES INVOICE TOTAL: 10.00 VENDOR TOTAL: 10.00 P11 SATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 12 'IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :NTOUCH INTOUCH WIRELESS OF YORKVILLE 6881 04/08/05 01 PD-BLACKBERRY CAR CHARGER FOR 01-210-62-00-5438 04/26/05 29.99 CELLULAR TELEPHONE 02 #201 ** COMMENT ** INVOICE TOTAL: 29.99 VENDOR TOTAL: 29.99 JEWEL JEWEL-OSCO 033005-PD 03/30/05 01 PD*-2 BAGS OF DOG FOOD-JUMBO 01-210-65-00-5804 04/26/05 33.68 OPERATING SUPPLIES INVOICE TOTAL: 33.68 VENDOR TOTAL: 33.68 JSHOES J'S SHOE REPAIR 8610-27 04/08/05 01 SEWER OP-REPAIR STEEL TOE 52-000-62-00-5421 04/26/05 139.00 WEARING APPAREL INVOICE TOTAL: 139.00 VENDOR TOTAL: 139.00 JULIE JULIE, INC. 03-05-1718 04/01/05 01 WATER OP-MARCH LOCATE FEES 51-000-61-00-5303 00202526 04/26/05 561.15 JULIE SERVICE INVOICE TOTAL: 561.15 VENDOR TOTAL: 561.15 040705 04/07/05 01 VISION ASSISTANCE 01-110-50-00-5205 04/26/05 169.18 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 169.18 VENDOR TOTAL: 169.18 KCHHS KENDALL COUNTY HEALTH P12 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 13 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CHHS KENDALL COUNTY HEALTH 032805 03/28/05 01 SEWER OP-REQUIRED IMMUNIZATION 52-000-75-00-7004 04/26/05 30.00 SAFETY EQUIPMENT INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 :CREC KENDALL COUNTY RECORD 60-2005 03/31/05 01 ADMIN-PUBLIC NOTICES 01-110-65-00-5810 04/26/05 28.80 PUBLISHING & ADVERTISING 02 BLDG/ZONE-PUBLIC NOTICES 01-220-65-00-5810 128.40 PUBLISHING & ADVERTISING 03 SEWER IMPROV-PUBLIC NOTICES 37-000-75-00-7504 60.80 BRUELL STREET LIFT STATION 04 SEWER IMPROV-PUBLIC NOTICES 37-000-75-00-7503 47.20 COUNTRYSIDE INTERCEPTOR 05 WATER IMPROV-PUBLIC NOTICES 41-000-65-00-5800 44.80 CONTINGENCY 06 WATER IMPROV-PUBLIC NOTICES 41-000-61-00-5400 22.40 RADIUM COMPLIANCE -CONTRAC 07 ARO-PUBLIC NOTICES FOR PRAIRIE 01-000-13-00-1372 263.60 A/R - OTHER 08 GARDEN, MEIWZER, MOYERS, ASPEN ** COMMENT ** 09 RIDGE ** COMMENT ** INVOICE TOTAL: 596.00 VENDOR TOTAL: 596.00 KENPR KENDALL PRINTING 13134 04/06/05 01 PD-DARE PROGRAMS 01-210-64-00-5606 00302930 04/26/05 165.15 COMMUNITY RELATIONS INVOICE TOTAL: 165.15 VENDOR TOTAL: 165.15 LANDMRK LANDMARK AUTOMOTIVE P13 SATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 14 'IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM !ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ,ANDMRK LANDMARK AUTOMOTIVE 00114 04/05/05 01 PD-CHANGE OIL, FILTER, CHECK 01-210-62-00-5409 04/26/05 22.64 MAINTENANCE - VEHICLES 02 TIRES, CHECK FLUIDS ON M-6 ** COMMENT ** INVOICE TOTAL: 22.64 VENDOR TOTAL: 22.64 .OGOMAX LOGOMAX 146 03/16/05 01 PD-QTY 6 POLOS FOR 2 SERGEANTS 01-210-62-00-5421 00303167 04/26/05 140.00 WEARING APPAREL INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 NENLAND MENARDS - YORKVILLE 63416 03/24/05 01 WATER OP-SCREWS, KEY, ALL 51-000-65-00-5804 04/26/05 11.90 OPERATING SUPPLIES 02 PURPOSE WASH ** COMMENT ** INVOICE TOTAL: 11.90 65479 04/04/05 01 WATER OP-RUBBER VALVE, PIPE, 51-000-65-00-5804 04/26/05 16.66 OPERATING SUPPLIES 02 COUPLINGS ** COMMENT ** INVOICE TOTAL: 16.66 65489 04/04/05 01 WATER OP-CEMENT, PRIMER 51-000-65-00-5804 04/26/05 14.95 OPERATING SUPPLIES INVOICE TOTAL: 14.95 65657 04/05/05 01 SEWER OP-PAPER TOWELS 52-000-65-00-5805 04/26/05 13.72 SHOP SUPPLIES INVOICE TOTAL: 13.72 65864 04/06/05 01 WATER OP-HOSE, TOOL BOX, HOSE 51-000-65-00-5804 04/26/05 45.96 OPERATING SUPPLIES P14 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 15 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IENLAND MENARDS - YORKVILLE 65864 04/06/05 02 REEL ** COMMENT ** 04/26/05 INVOICE TOTAL: 45.96 65906 04/06/05 01 WATER OP-BROOMS, ADAPTOR, TIRE 51-000-65-00-5804 04/26/05 28.76 OPERATING SUPPLIES 02 GAUGE ** COMMENT ** INVOICE TOTAL: 28.76 VENDOR TOTAL: 131.95 4ETIND METROPOLITAN INDUSTRIES, INC. 0000162964 03/30/05 01 SEWER OP-PULLED PUMP #2 52-000-62-00-5422 00202495 04/26/05 850.00 LIFT STATION MAINTENANCE 02 DEBRIS IN IMPELLER CEJ HEARTLAND ** COMMENT ** 03 LIFT STATION ** COMMENT ** INVOICE TOTAL: 850.00 VENDOR TOTAL: 850.00 ,IPHINDUS MPH INDUSTRIES, INC 603806 04/02/05 01 PD-RADAR REPAIR, LABOR & PARTS 01-210-62-00-5408 00303178 04/26/05 277.83 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 277.83 VENDOR TOTAL: 277.83 NATLWTR NATIONAL WATERWORKS, INC. 2123421 03/15/05 01 WATER OP-METERS 51-000-75-00-7508 00202457 04/26/05 1,666.97 METERS & PARTS INVOICE TOTAL: 1,666.97 2169007 03/15/05 01 WATER OP-METERS 51-000-75-00-7508 00202457 04/26/05 338.22 METERS & PARTS INVOICE TOTAL: 338.22 P15 SATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 16 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IATLWTR NATIONAL WATERWORKS, INC. 2173753 03/15/05 01 WATER OP-METERS 51-000-75-00-7508 00202457 04/26/05 421.92 METERS & PARTS INVOICE TOTAL: 421.92 2189777 03/23/05 01 WATER OP-METERS 51-000-75-00-7508 00202457 04/26/05 3,660.00 METERS & PARTS INVOICE TOTAL: 3,660.00 2219387 03/31/05 01 WATER OP-METERS 51-000-75-00-7508 00202457 04/26/05 289.64 METERS & PARTS INVOICE TOTAL: 289.64 2225842 04/01/05 01 WATER OP-METERS 51-000-75-00-7508 00202457 04/26/05 169.95 METERS & PARTS INVOICE TOTAL: 169.95 VENDOR TOTAL: 6,546.70 EBS NEBS 9921617853-5B 03/15/05 01 ADMIN-SHIPPING CHARGES FOR 01-110-65-00-5809 04/26/05 31.90 PRINTING & COPYING 02 PAYROLL AND A/P CHECKS ** COMMENT ** INVOICE TOTAL: 31.90 VENDOR TOTAL: 31.90 NICOR NICOR GAS 3217106909-0405 04/07/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 235.40 NICOR GAS INVOICE TOTAL: 235.40 3247111200-0405 04/11/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 814.64 NICOR GAS INVOICE TOTAL: 814.64 P16 kTE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 17 IME: 12:30:10 DETAIL BOARD REPORT ): AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ICOR NICOR GAS 3247135001-0405 04/12/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 395.75 NICOR GAS INVOICE TOTAL: 395.75 3247247301-0405 04/11/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 46.21 NICOR GAS INVOICE TOTAL: 46.21 3247402716-0405 04/12/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 676.25 NICOR GAS INVOICE TOTAL: 676.25 3248623617-0405 04/11/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 27.39 NICOR GAS INVOICE TOTAL: 27.39 3258055916-0405 04/12/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 87.52 NICOR GAS INVOICE TOTAL: 87.52 3258420409-0405 04/12/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 04/26/05 61.60 NICOR GAS INVOICE TOTAL: 61.60 VENDOR TOTAL: 2,344.76 )FFWORK OFFICE WORKS 071023I 03/30/05 01 PD-STAPLER, TAPE DISPENSER 01-210-65-00-5802 00303163 04/26/05 15.66 OFFICE SUPPLIES INVOICE TOTAL: 15.66 071034I 03/30/05 01 PD-TONER 01-210-62-00-5410 00303165 04/26/05 64.99 MAINT-OFFICE EQUIPMENT INVOICE TOTAL: 64.99 P17 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 18 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TFWORK OFFICE WORKS 071055 04/04/05 01 PD-HP LASER JET 3380 FAX, 01-210-62-00-5410 00303165 04/26/05 699.99 MAINT-OFFICE EQUIPMENT 02 TONER CARTRIDGE ** COMMENT ** INVOICE TOTAL: 699.99 071281 04/01/05 01 ADMIN-WASTE BASKET, WALL FILE, 01-110-65-00-5802 00102294 04/26/05 103.77 OFFICE SUPPLIES 02 TONER, CLERKS OFFICE ** COMMENT ** 03 CERTIFICATES & JUMBO CLIPS ** COMMENT ** INVOICE TOTAL: 103.77 071364I 04/06/05 01 PD-EASEL PAD, EASEL, CROSSBAR, 01-210-65-00-5804 00303176 04/26/05 179.60 OPERATING SUPPLIES 02 FLIP CHART MARKERS ** COMMENT ** INVOICE TOTAL: 179.60 071401I 04/07/05 01 PD-BLACK & COLOR CARTRIDGES 01-210-62-00-5410 00302924 04/26/05 235.32 MAINT-OFFICE EQUIPMENT INVOICE TOTAL: 235.32 071404 04/07/05 01 PD-15 BOXES OF WHITE COPY 01-210-65-00-5809 00302928 04/26/05 330.00 PRINTING & COPYING 02 PAPER ** COMMENT ** INVOICE TOTAL: 330.00 071409 04/07/05 01 ADMIN-MAGNETIC FILE, ENVELOPES 01-110-65-00-5802 00102295 04/26/05 142.39 OFFICE SUPPLIES 02 STATIONARY, LABELS, ADDING ** COMMENT ** 03 MACHINE ROLLS ** COMMENT ** INVOICE TOTAL: 142.39 071532 04/08/05 01 ADMIN-RETURN WALL FILE 01-110-65-00-5802 00102294 04/26/05 -10.90 OFFICE SUPPLIES INVOICE TOTAL: -10.90 VENDOR TOTAL: 1,760.82 P18 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 19 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT )HERRON O'HERON, RAY 040105-CM 04/01/05 01 PD-CREDIT/RETURN 01-210-62-00-5421 04/26/05 -468.87 WEARING APPAREL INVOICE TOTAL: -468.87 0504079-IN 02/28/05 01 PD-SIREN W/ CONTROL HEAD, 20-000-75-00-7005 00302790 04/26/05 792.90 VEHICLES 02 SPEAKER, SPEAKER BRACKET, ** COMMENT ** 03 TRIPLE CIGARETTE PLUG, CONSOLE ** COMMENT ** 04 SHIPPING ** COMMENT ** INVOICE TOTAL: 792.90 VENDOR TOTAL: 324.03 )RRK KATHLEEN FIELD ORR & ASSOC. 11520 04/01/05 01 BLDG/ZONE-TIF PROJECT 01-220-61-00-5300 04/26/05 736.00 LEGAL SERVICES INVOICE TOTAL: 736.00 VENDOR TOTAL: 736. 00 PARADIS ROBIN GREEN, INC 220469 04/01/05 01 PD-MARCH CAR WASHES 01-210-65-00-5804 00303174 04/26/05 72.55 OPERATING SUPPLIES INVOICE TOTAL: 72.55 VENDOR TOTAL: 72.55 PEDALSP PEDAL & SPOKE LTD. 040505 04/05/05 01 PD-TRANSPORT 2" RACK 01-210-78-00-9004 00303168 04/26/05 264.00 BIKE PATROL INVOICE TOTAL: 264.00 041105 04/11/05 01 PD-EQUIPMENT FOR BIKES 01-210-78-00-9004 00302929 04/26/05 336.67 BIKE PATROL INVOICE TOTAL: 336.67 VENDOR TOTAL: 600.67 P 1 9 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 20 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OSTNET POSTNET IL 124 21035 04/06/05 01 ENG-BLUE PRINTS, NARVICK 01-150-65-00-5809 04/26/05 7.00 PRINTING & COPYING 02 LANDSCAPE PLAN ** COMMENT ** INVOICE TOTAL: 7.00 21166 04/12/05 01 ENG-BLUE PRINTS 01-150-65-00-5809 04/26/05 16.20 PRINTING & COPYING INVOICE TOTAL: 16.20 VENDOR TOTAL: 23.20 QUILL QUILL CORPORATION 6623167 04/12/05 01 ADMIN-INK CARTRIDGE 01-110-65-00-5802 04/26/05 49.49 OFFICE SUPPLIES INVOICE TOTAL: 49.49 VENDOR TOTAL: 49.49 RBPROD AMERICAN PUBLIC WORKS ASSOC. 243 04/06/05 01 STREETS-WORK ZONE SAFETY 01-410-64-00-5604 00202530 04/26/05 800.00 TRAINING & CONFERENCES 02 CERTIFICATION CLASSES FOR ** COMMENT ** 03 2 EMPLOYEES ** COMMENT ** INVOICE TOTAL: 800.00 VENDOR TOTAL: 800.00 031005 03/10/05 01 DENTAL ASSISTANCE 01-110-50-00-5205 04/26/05 666.05 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 666.05 VENDOR TOTAL: 666.05 RIVEROAK RIVER OAKS FORD P20 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 21 IME: 12 :30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IVEROAK RIVER OAKS FORD FOCS457272 03/30/05 01 PD-TIRE INSTALLED 01-210-62-00-5409 00303172 04/26/05 93.70 MAINTENANCE - VEHICLES INVOICE TOTAL: 93.70 VENDOR TOTAL: 93.70 .JKUHN R.J. KUHN INC. 14940 04/01/05 01 WATER IMPROV-INSTALLED PRV 41-000-61-00-5408 04/26/05 2,010.96 CENTRAL ZONE - CONTRACT C 02 VALVES IN EACH HOUSE & SET ** COMMENT ** 03 EACH VALVE FOR ABOUT 49 P.S.I. ** COMMENT ** 04 FOR 11 HOUSES ON GREENFIELD ** COMMENT ** INVOICE TOTAL: 2,010.96 VENDOR TOTAL: 2,010.96 TALISM SAILSBURY, MARGARET 8272-4 04/02/05 01 SEWER OP-CLEAN PW OFFICE 52-000-62-00-5401 04/26/05 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 8272-5 04/10/05 01 SEWER OP-CLEAN PW OFFICE 52-000-62-00-5401 04/26/05 50.00 CONTRACTUAL SERVICES INVOICE TOTAL: 50.00 VENDOR TOTAL: 100.00 ;BC SBC 63055311410305 03/25/05 01 PD-FAX MONTHLY BILL 01-210-62-00-5436 04/26/05 29.16 TELEPHONE INVOICE TOTAL: 29.16 63055312100305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 20.24 TELEPHONE INVOICE TOTAL: 20.24 P21 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 22 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BC SBC 63055315770305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 41.61 TELEPHONE INVOICE TOTAL: 41.61 63055317030305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 18.68 TELEPHONE INVOICE TOTAL: 18.68 63055321550305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 31.10 TELEPHONE 02 RIVERS EDGE LIFT STATIONS ** COMMENT ** INVOICE TOTAL: 31.10 63055343490305 03/25/05 01 ADMIN-MONTHLY PHONE BILL 01-110-62-00-5436 04/26/05 494.13 TELEPHONE 02 PD-MONTHLY PHONE BILL 01-210-62-00-5436 494.12 TELEPHONE 03 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 494.12 TELEPHONE INVOICE TOTAL: 1,482.37 63055350830305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 27.77 TELEPHONE INVOICE TOTAL: 27.77 63055354260305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 79.33 TELEPHONE INVOICE TOTAL: 79.33 63055365220305 03/25/05 01 PD-MONTHLY PHONE BILL 01-210-62-00-5436 04/26/05 18.39 TELEPHONE INVOICE TOTAL: 18.39 63055375750305 03/25/05 01 ADMIN-MONTHLY BILL 01-110-62-00-5436 04/26/05 26.23 TELEPHONE INVOICE TOTAL: 26.23 P22 ,ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 23 'IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT .BC SBC 63055390160305 03/25/05 01 PD-MONTHLY PHONE BILL 01-210-62-00-5436 04/26/05 55.64 TELEPHONE INVOICE TOTAL: 55.64 63055450310305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 21.41 TELEPHONE INVOICE TOTAL: 21.41 63088284120305 03/25/05 01 WATER OP-MONTHLY PHONE BILL 51-000-62-00-5436 04/26/05 21.00 TELEPHONE INVOICE TOTAL: 21.00 VENDOR TOTAL: 1,872.93 3BCGLOBL SBC GLOBAL SERVICES, INC. UNITEDY02 12/06/04 01 ADMIN-FINAL PYMT FOR VOICE 01-110-62-00-5439 00102285 04/26/05 2,495.57 TELEPHONE SYSTEMS MAINTENA 02 MAIL UPGRADE ** COMMENT ** INVOICE TOTAL: 2,495.57 YORKADD 04/06/05 01 PD-2 PHONES & 1/2 OF VOICE 01-210-62-00-5436 00302927 04/26/05 951.04 TELEPHONE 02 MAIL UPGRADE ** COMMENT ** 03 ADMIN-1/2 OF VOICE MAIL 01-110-62-00-5439 738.95 TELEPHONE SYSTEMS MAINTENA 04 UPGRADE ** COMMENT ** 05 ADDITIONAL MAILBOXES ** COMMENT ** INVOICE TOTAL: 1,689.99 VENDOR TOTAL: 4,185.56 SBCLONG SBC LONG DISTANCE 828932136-0405 04/01/05 01 ADMIN-MONTHLY LONG DISTANCE 01-110-62-00-5436 04/26/05 123.55 TELEPHONE P23 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 24 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BCLONG SBC LONG DISTANCE 828932136-0405 04/01/05 02 PD-MONTHLY LONG DISTANCE 01-210-62-00-5436 04/26/05 123.55 TELEPHONE INVOICE TOTAL: 247.10 VENDOR TOTAL: 247.10 CHAIN SCHAIN, BURNEY, ROSS & CITRON 61587 04/08/05 01 SEWER IMPROV-ROB ROY CREEK 37-000-75-00-7505 04/26/05 1,500.00 ROB ROY CREEK SANITARY 02 PROJECT ** COMMENT ** INVOICE TOTAL: 1,500.00 VENDOR TOTAL: 1,500.00 3CHOPPE SCHOPPE DESIGN ASSOC. 11339 03/17/05 01 LANDSCAPE DEPOT 01-000-13-00-1372 04/26/05 61.50 A/R - OTHER INVOICE TOTAL: 61.50 11341 03/18/05 01 OTTAWA BANK 01-000-13-00-1372 04/26/05 61.50 A/R - OTHER INVOICE TOTAL: 61.50 11342 03/22/05 01 PRAIRIE GARDEN 01-000-13-00-1372 04/26/05 55.00 A/R - OTHER INVOICE TOTAL: 55.00 11343 03/22/05 01 YORKVILLE RETAIL 01-000-13-00-1372 04/26/05 61.50 A/R - OTHER INVOICE TOTAL: 61.50 11344 03/22/05 01 PREVENA DREYER 01-000-13-00-1372 04/26/05 123.00 A/R - OTHER INVOICE TOTAL: 123.00 P24 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 25 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CHOPPE SCHOPPE DESIGN ASSOC. 11345 03/22/05 01 HEARTLAND 01-000-13-00-1372 04/26/05 184.50 A/R - OTHER INVOICE TOTAL: 184.50 11346 03/22/05 01 CASTLE BANK 01-000-13-00-1372 04/26/05 61.50 A/R - OTHER INVOICE TOTAL: 61.50 11347 03/22/05 01 BRIDGE STREET SELF STORAGE 01-000-13-00-1372 04/26/05 123.00 A/R - OTHER INVOICE TOTAL: 123.00 11348 03/22/05 01 205 BEAVER STREET 01-000-13-00-1372 04/26/05 123.00 A/R - OTHER INVOICE TOTAL: 123.00 11349 03/22/05 01 WHISPERING MEADOWS 01-000-13-00-1372 04/26/05 246.00 A/R - OTHER INVOICE TOTAL: 246.00 11364 03/30/05 01 BLDG/ZONE-SOUTH COMPREHENSIVE 01-220-62-00-5401 04/26/05 5,785.53 CONTRACTUAL SERVICES 02 PLAN ** COMMENT ** INVOICE TOTAL: 5,785.53 11365 03/30/05 01 CALEDONIA 01-000-13-00-1372 04/26/05 332.50 A/R - OTHER INVOICE TOTAL: 332.50 11366 03/30/05 01 BRISTOL BAY 01-000-13-00-1372 04/26/05 1,956.50 A/R - OTHER INVOICE TOTAL: 1,956.50 11367 03/30/05 01 ASPEN RIDGE 01-000-13-00-1372 04/26/05 1,307.00 A/R - OTHER INVOICE TOTAL: 1,307.00 VENDOR TOTAL: 10,482.03 P25 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 26 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OFT SOFTWARE PERFORMANCE 108566 04/01/05 01 PD-HP DC5000 CMT WORKSTATION 01-210-62-00-5411 00303162 04/26/05 859.00 MAINTENANCE - COMPUTERS INVOICE TOTAL: 859.00 VENDOR TOTAL: 859.00 SWORLD S & S WORLDWIDE 4876432C 03/24/05 01 ADMIN-LAMINATING SHEETS, PAPER 01-110-65-00-5802 00102275 04/26/05 8.25 OFFICE SUPPLIES 02 CLIPS ** COMMENT ** INVOICE TOTAL: 8.25 VENDOR TOTAL: 8.25 IUBCHNEW SUBURBAN CHICAGO NEWSPAPERS AD 033105 03/31/05 01 SEWER IMPROV-LEGAL NOTICES FOR 37-000-62-00-5401 04/26/05 658.53 CONTRACTURAL/PROFESSIONAL 02 COUNTRYSIDE PUMPING STATION ** COMMENT ** 03 AND BRUELL STREET PUMPING ** COMMENT ** 04 STATION REZONING ** COMMENT ** INVOICE TOTAL: 658.53 VENDOR TOTAL: 658.53 CAPCO TRAFFIC & PARKING CONTROL INC 216938 03/21/05 01 MFT-ST. SIGNS, HARDWARE 15-000-75-00-7007 00202529 04/26/05 166.35 SIGNS INVOICE TOTAL: 166.35 217572 03/31/05 01 WATER OP-SAFETY SIGNS 51-000-65-00-5804 00202458 04/26/05 417.81 OPERATING SUPPLIES INVOICE TOTAL: 417.81 VENDOR TOTAL: 584.16 rRIRIVER TRI-RIVER POLICE TRAINING P26 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 27 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT RIRIVER TRI-RIVER POLICE TRAINING 2137 04/05/05 01 PD-SCHOOL OF STAFF & COMMAND 01-210-64-00-5608 00303177 04/26/05 2,000.00 TUITION REIMBURSEMENT 02 REGISTRATION FOR 2006 01-210-64-00-5604 925.00 TRAINING & CONFERENCE INVOICE TOTAL: 2,925.00 VENDOR TOTAL: 2,925.00 ILRICH ULRICH CHEMICAL, INC. 131480 06/25/04 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -325.85 CHEMICALS INVOICE TOTAL: -325.85 140463 07/30/04 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -375.00 CHEMICALS INVOICE TOTAL: -375.00 150060 09/10/04 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -200.00 CHEMICALS INVOICE TOTAL: -200.00 166728 12/06/04 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -300.00 CHEMICALS INVOICE TOTAL: -300.00 173354 01/14/05 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -25.00 CHEMICALS INVOICE TOTAL: -25.00 174697 01/20/05 01 WATER OP-CHEMICALS 51-000-65-00-5820 00202345 04/26/05 415.00 CHEMICALS INVOICE TOTAL: 415.00 174698 01/20/05 01 WATER OP-CHEMICALS 51-000-65-00-5820 00202345 04/26/05 720.71 CHEMICALS INVOICE TOTAL: 720.71 P27 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 28 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT fLRICH ULRICH CHEMICAL, INC. 174707 01/21/05 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -575.00 CHEMICALS INVOICE TOTAL: -575.00 183321 03/09/05 01 WATER OP-CHEMICALS 51-000-65-00-5820 00202461 04/26/05 678.24 CHEMICALS INVOICE TOTAL: 678.24 183322 03/09/05 01 WATER OP-CHEMICALS 51-000-65-00-5820 00202461 04/26/05 390.00 CHEMICALS INVOICE TOTAL: 390.00 183331 03/10/05 01 WATER OP-CONTAINER RETURN 51-000-65-00-5820 04/26/05 -375.00 CHEMICALS INVOICE TOTAL: -375.00 VENDOR TOTAL: 28.10 JNIFIED UNIFIED SUPPLY 0100468-IN 03/02/05 01 WATER OP-BULBS & CONNECTORS 51-000-65-00-5804 00202459 04/26/05 128.14 OPERATING SUPPLIES INVOICE TOTAL: 128.14 VENDOR TOTAL: 128.14 UOFI UNIVERSITY OF ILLINOIS-GAR UPINCV16 04/05/05 01 PD-POLICE SPANISH TRAINING FOR 01-210-64-00-5608 04/26/05 70.00 TUITION REIMBURSEMENT 02 1 OFFICER ** COMMENT ** INVOICE TOTAL: 70.00 VENDOR TOTAL: 70.00 UPSIL UPS 00004296X2145 04/02/05 01 WATER OP -SHIPPING CHARGES 51-000-65-00-5808 04/26/05 13.15 POSTAGE & SHIPPING INVOICE TOTAL: 13.15 P28 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 29 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT PSIL UPS 00004296X2155 04/09/05 01 WATER OP-MONTHLY SHIPPING 51-000-65-00-5808 04/26/05 25.02 POSTAGE & SHIPPING INVOICE TOTAL: 25.02 VENDOR TOTAL: 38.17 'ESCO VESCO 24137 04/05/05 01 ADMIN-LABELING TAPE 01-110-65-00-5802 04/26/05 71.69 OFFICE SUPPLIES INVOICE TOTAL: 71.69 VENDOR TOTAL: 71.69 7ATERS THE WATERS CONSULTING 4000474 03/21/05 01 ADMIN-IML SURVEY NAVIGATOR 01-110-64-00-5600 04/26/05 250.00 DUES 02 ONE YEAR SUBSCRIPTION ** COMMENT ** INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 4AUBONSE WAUBONSEE COMMUNITY COLLEGE 102387 04/05/05 01 ADMIN-EXCEL WORKSHOP FOR 01-110-64-00-5604 04/26/05 172.00 TRAINING & CONFERENCES 02 SECRETARY ** COMMENT ** INVOICE TOTAL: 172.00 VENDOR TOTAL: 172.00 NEBLINX WEBLINX INCORPORATED 2557 04/06/05 01 ADMIN-MONTHLY WEBSITE CHARGES 01-110-62-00-5401 04/26/05 100.00 CONTRACTUAL SERVICES INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 P29 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 30 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'HOLTIRE WHOLESALE TIRE 107906 03/01/05 01 PD-REAR PAD SET 01-210-62-00-5409 00303127 04/26/05 168.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 168.95 108205 03/24/05 01 PD-SWITCH DOOR LOCK 01-210-62-00-5409 00303161 04/26/05 54.17 MAINTENANCE - VEHICLES INVOICE TOTAL: 54.17 108260 03/30/05 01 PD-TIRE MOUNT/BALANCE, NEW 01-210-62-00-5409 00303161 04/26/05 441.49 MAINTENANCE - VEHICLES 02 TIRE, NEW COOLING FAN ** COMMENT ** INVOICE TOTAL: 441.49 VENDOR TOTAL: 664.61 'ILLIAMA WILLIAMS, ANNETTE 040605 04/06/05 01 ADMIN-MILEAGE REIMBURSEMENT 01-110-64-00-5605 04/26/05 13.37 TRAVEL/MEALS/LODGING INVOICE TOTAL: 13.37 VENDOR TOTAL: 13.37 gTRPRD WATER PRODUCTS, INC. 0177028 03/03/05 01 WATER OP-6X12 CLAMPS 51-000-65-00-5804 00202462 04/26/05 298.04 OPERATING SUPPLIES INVOICE TOTAL: 298.04 VENDOR TOTAL: 298.04 aYETHATY JOHN JUSTIN WYETH 195 04/01/05 01 ADMIN-CITY LEGAL SERVICES 01-110-61-00-5300 04/26/05 2, 175.00 LEGAL SERVICES INVOICE TOTAL: 2,175.00 196 04/01/05 01 ADMIN-IN TOWN ROAD PROGRAM 01-110-61-00-5300 04/26/05 262.50 LEGAL SERVICES P30 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 31 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'YETHATY JOHN JUSTIN WYETH 196 04/01/05 02 REVIEW OF BONDS ** COMMENT ** 04/26/05 INVOICE TOTAL: 262.50 197 04/01/05 01 ARO-AUTUMN RIDGE 01-000-13-00-1372 04/26/05 337.50 A/R - OTHER INVOICE TOTAL: 337.50 202 04/01/05 01 ARO-WYNSTONE 01-000-13-00-1372 04/26/05 31.25 A/R - OTHER INVOICE TOTAL: 31.25 203 04/01/05 01 ARO-MPI 01-000-13-00-1372 04/26/05 300.00 A/R - OTHER INVOICE TOTAL: 300.00 204 04/01/05 01 ARO-BRISTOL BAY 01-000-13-00-1372 04/26/05 937.50 A/R - OTHER INVOICE TOTAL: 937.50 205 04/01/05 01 ARO-CANNONBALL ESTATES 01-000-13-00-1372 04/26/05 225.00 AIR - OTHER INVOICE TOTAL: 225.00 207 04/01/05 01 ADMIN-PUBLIC WORKS LEGAL 37-000-62-00-5405 04/26/05 600.00 ENG/LGL/CONTINGENCY-BRUELL 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 600.00 208 04/01/05 01 ADMIN-PUBLIC SAFETY MEETING 01-210-61-00-5300 04/26/05 75.00 LEGAL SERVICES INVOICE TOTAL: 75.00 210 04/01/05 01 ARO-SWANSON LANE ESTATES 01-000-13-00-1372 04/26/05 450.00 A/R - OTHER INVOICE TOTAL: 450.00 P31 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 32 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ACCOUNT # P.O. # DUE DATE ITEM AMT 'ENDOR # DATE # DESCRIPTION IYETHATY JOHN JUSTIN WYETH 211 04/01/05 01 ARO-MONTALBANO - LEE FARM 01-000-13_00-1372 04/26/05 150.00 INVOICE TOTAL: 150.00 01-000-13-00-1372 04/26/05 150.00 212 04/01/05 01 ARO WHISPERING MEADOWS A/R - OTHER INVOICE TOTAL: 150.00 213 04/01/05 01 ADMIN-LIBRARY LEGAL REVIEWS 01-110-61-00-5300 04/26/05 300.00 LEGAL SERVICES INVOICE TOTAL: 300.00 VENDOR TOTAL: 5,993.75 (BSD YORKVILLE BRISTOL 041405 04/14/05 01 TRUST/AGENCY-FEB & MARCH 2005 95-000-78-00-9008 04/26/05 314,046.31 YBSD PAYMENTS 02 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 314,046.31 VENDOR TOTAL: 314,046.31 YOLIBRAR YORKVILLE PUBLIC LIBRARY 01-000-40-00-4010 04/26/05 609.07 013105 PPRT 04/14/05 01 JANUARY PPRT TAX PERSONAL PROPERTY TAX INVOICE TOTAL: 609.07 04/26/05 16,700.00 041405 04/14/05 01 TRUST/AGENCY-FEB & MARCH 9 -000-78-00-9009 Y7DEVFEE OOPAYMENTS 02 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 16,700.00 VENDOR TOTAL: 17,309.07 YOPDPET YORKVILLE POLICE DEPARTMENT P32 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 33 IME: 12:3010 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE 4 INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OPDPET YORKVILLE POLICE DEPARTMENT 040805 04/08/05 01 PD-POSTAGE 01-210-65-00-5808 04/26/05 0.80 POSTAGE & SHIPPING 02 PD-CHIEF PARKING REIMBURSEMENT 01-210-64-00-5605 16.25 TRAVEL EXPENSES INVOICE TOTAL: 17.05 VENDOR TOTAL: 17.05 'OPOSTW YORKVILLE POSTMASTER 031605 03/16/05 01 WATER OP-POSTAGE FOR 4/30/05 51-000-65-00-5808 04/26/05 750.00 POSTAGE & SHIPPING 02 UTILITY BILLS ** COMMENT ** INVOICE TOTAL: 750.00 VENDOR TOTAL: 750.00 (ORKACE YORKVILLE ACE & RADIO SHACK 086135 03/24/05 01 WATER OP-KEY 51-000-65-00-5804 04/26/05 3.58 OPERATING SUPPLIES INVOICE TOTAL: 3.58 086389 03/31/05 01 SEWER OP-1 GALLON OF WATER 52-000-65-00-5805 04/26/05 2.49 SHOP SUPPLIES INVOICE TOTAL: 2.49 086834 04/13/05 01 ADMIN-ELECTRIC CORD 01-110-65-00-5804 04/26/05 19.95 OPERATING SUPPLIES INVOICE TOTAL: 19.95 086878 04/14/05 01 ADMIN-REFRIGERATOR LIGHT BULB 01-110-65-00-5804 04/26/05 1.79 OPERATING SUPPLIES INVOICE TOTAL: 1.79 VENDOR TOTAL: 27.81 YOSCHOL YORKVILLE SCHOOL DIST #115 P33 UNITED CITY OF YORKVILLE PAGE: 34 'ATE: 14/15/05 DETAIL BOARD REPORT 'IME: 123010 :D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE ITEM P.O. # DUE DATE ITEM AMT INVOICE # ACCOUNT # TENDOR # DATE # DESCRIPTION .'OSCHOL YORKVILLE SCHOOL DIST #115 04/26/05 51,965.70 041405 04/14/05 01 TRUST/AGENCY-FEB & MARCH 2005 95SCHOOL LAND-000-78-00-9011 ANDCASH OIPMTS ** 02 SCHOOL LAND CASH PAYMENT ** COMMENTINVOICE TOTAL: 51,965.70 VENDOR TOTAL: 51,965.70 (OUNGM YOUNG, MARLYS 04/26/05 65.00 CONTRACTUAL 030105 COW 04/10/05 01 ADMIN COW MEETING ON 03/01/05 01-110-62-00-5401 04/26/05 65.00 INVOICE TOTAL: 04/26/05 75.00 -5401 CONTRACTUAL 040305 ADMIN 04/03/05 01 ADMIN ADMIN COMMITTEE MEETING OSERVICES 02 ON 03/03/05 ** COMMENT ** INVOICE TOTAL: 75.00 VENDOR TOTAL: 140.00 YRKAUTO YORKVILLE AUTO PARTS 99.98 03/02/05 01 PD-MATS FOR SQUAD 01-210-62-00-5409 00303175 04/26/05 688953 MAINTENANCE - VEHICLES 99 98 INVOICE TOTAL: 04/26/05 6.36 689149 03/04/05 01 ENG QUART OF OIL 01-150-62-00-5409 MAINTENANCE-VEHICLES INVOICE TOTAL: 6.36 04/26/05 6.36 689169 03/04/05 01 ENG QUART OF OIL 01-150-62-00-5409 MAINTENANCE-VEHICLES INVOICE TOTAL: 6.36 03/08/05 01 PD-WASHER SOLVENT 01-210-62-00-5409 00303175 04/26/05 7.36 689648 MAINTENANCE - VEHICLES 7.36 INVOICE TOTAL: P34 ATE: 04/15/05 UNITED CITY OF YORKVILLE PAGE: 35 IME: 12:30:10 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 04/26/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT RKAUTO YORKVILLE AUTO PARTS 690514 03/15/05 01 WATER OP-HOSE CLAMPS 51-000-62-00-5409 04/26/05 11.54 MAINTENANCE - VEHICLES INVOICE TOTAL: 11.54 690575 03/15/05 01 PD-FUSES 01-210-62-00-5409 00303175 04/26/05 114.84 MAINTENANCE - VEHICLES INVOICE TOTAL: 114.84 691652 03/23/05 01 WATER OP-OIL CHANGE 51-000-62-00-5409 04/26/05 16.25 MAINTENANCE - VEHICLES INVOICE TOTAL: 16.25 691818 03/24/05 01 ENG-RATCHET 01-150-65-00-5801 04/26/05 18 .24 ENGINEERING SUPPLIES INVOICE TOTAL: 18.24 691940 03/25/05 01 PD-TAIL LIGHT 01-210-62-00-5409 00303175 04/26/05 2.19 MAINTENANCE - VEHICLES INVOICE TOTAL: 2.19 VENDOR TOTAL: 283.12 ;BSUPPLY ZB SUPPLY COMPANY 68453 03/31/05 01 ADMIN-TOWELS, CLOROX WIPES, 01-110-65-00-5804 00102290 04/26/05 125.10 OPERATING SUPPLIES 02 DEODERIZER ** COMMENT ** INVOICE TOTAL: 125.10 VENDOR TOTAL: 125.10 ZEVCO ZEVCO MEDICAL PRODUCTS 41156-2 04/11/05 01 ADMIN-LATEX GLOVES 01-110-65-00-5804 00102271 04/26/05 6.30 OPERATING SUPPLIES INVOICE TOTAL: 6.30 VENDOR TOTAL: 6.30 TOTAL ALL INVOICES: 752,009.39 P35 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 4/02/05 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $21,880.27 $0.00 $21,880.27 $1,673.83 $1,623.70 $25,177.80 ENGINEERING $9,288.72 $15.90 $9,304.62 $711.78 $757.39 $10,773.79 POLICE $55,005.80 $1,424.69 $56,430.49 $4,316.93 $318.97 $61,066.39 PUBLIC WORKS $19,074.62 $1,868.06 $20,942.68 $1,602.14 $1,704.75 $24,249.57 LIBRARY $5,729.54 $0.00 $5,729.54 $438.33 $270.64 $6,438.51 RECREATION $12,108.44 $0.00 $12,108.44 $926.29 $844.39 $13,879.12 PARKS $11,407.58 $168.99 $11,576.57 $885.60 $942.33 $13,404.50 TOTALS $134,494.97 $3,477.64 $137,972.61 $10,554.90 $6,462.17 $154,989.68 TOTAL INVOICES 04/26/2005 $752,009.39 TOTAL PAYROLL 04/02/2005 $154,989.68 TOTAL DISBURSEMENTS $906,999.07 P36 frr I.. \ri ! UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 630/553-4350 PC# t f/ APPLICATION VARIANCE REQUEST Date of Submission: I. Name of Petitioner(s): YU L£ V i L C_ Address: Phone Number: Fax Number: 2. Name of holder of)legal title, if different from#1: 3. If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address d physical location of subject property: b. Proposed name of subdivision(if any): c. Legal description of property for which zoning variance is sought:/..0714,V-Z I b needo,",fii!J 4'h y ?5 v ere Yet. ,.3b , 5 wee,, xa( If more space is needed,attach a J'Exhibit A".) d. Kendall County Parcel Number(s)of property for which variance is sought: 06 3 X1 - oc 5. Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as"Exhibit B".) 6. State the variance requested and the City ordinance in uding the section numbers to be vane+. l ice dLi c z--kt Zice 7-0 t-50 0 -A6 D — C , :&t e6i 4-et t4t- G Page 1 o 3 United City of Yorkville Variance Request Application Revised: 2/27/04 7. Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: J amici ;y1 PS-VI L€ i4 jet. (f Attorney: Name: Address: Phone Number: Fax Number: 8. Submit application with a filing fee in the amount of$85.00. Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review,land planner,zoning coordinator, environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit35 copies of each of the application,proposed drawings,location map,site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13"envelope. In witness whereof the following petitioner(s)have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner(s) (Legal e •,0. owners signature must appear on this application.) 7 /-6') IQ --(.14Cit— Subscribed and sworn before me this ` '`1 day of if-it.'i VARIANCE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names,addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Deputy Clerk, United City of Yorkville,800 Game Farm Road,Y rkville,Illinois 60560. Date: ry � [ • At.e.ti— coo Page 3 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 P/at of Survey of ' Lot 21 and Part of Lot 20 Block 6 O/d County Property Yorkvi//e '° y Kendall County ///i noes N � � w . ./ � ,, cera t,; c C ,A ' Orange Street 1" = 30' r131.63' tea. w �* ,. o i''‘ N G)� • 6 �, , vi 21 _ 0 17.2' 354' I IIProposed 1 Z. 2�_9'— Addition N� /4.4 �� r"� !� `"°°d^ri� ; rw St°"' MI � POrc � Fr°me � � 6.B House _- �_ 353' —�--_ l 1r WpO�k 'J_ ,�- 20Y— _-- — — — — — 8 26.J J\(; A f;Oht eCoif48 `�'• cb cb 2/ I 26.3' IL --- NIMINNIMMI -, ~` 131.9?' o cr 8°„s� ti a o 0 3 =,,ctio C/r United City of Yorkville J ik County Seat of Kendall County - 800 Game Farm Road EST 1836 Yorkville, Illinois, 60560 .� Telephone: 630-553-4350 O ti, ''11 Fax: 630-553-7575 14 °'"' �2 Website: www.yorkville.il.us <CE 0'. April 13, 2005 TO: Tony Graff, City Administrator FOR: City Council FROM: /LrAnna B. Kurtzman, AICP "� SUBJECT: Zoning Variance Request 802 S. Main ZBA 2005-09 ZBA PUBLIC HEARING: The Zoning Board of Appeals (ZBA) conducted a public hearing on Wednesday, April 6, 2005, to receive testimony and consider the merits of two zoning variance requests for the property listed above. Other than the applicant, there were 4 neighbors and the applicant's adult daughter present to support the applicant's requests. After closing the hearing, the ZBA discussed the case and after making findings of fact (as summarized below), voted 4-0 to approve reducing the corner side yard setback from 30 feet to 24.4 feet. As this reduction is less than a 25%reduction in the yard requirement no action from the City Council is required (per Section 10-14-5(D)). The ZBA also voted 4-0 to recommend approving a reduction in the rear yard setback from 40 feet to 17.2 feet. As this reduction is greater than a 25%reduction in the yard requirement the City Counci:_ will have to take action on this request. REQUEST: The applicant, Marama Leifheit, owns 13,441 sq ft at the southeast corner of South Main Street and Orange Street, with a common address of 802 S. Main Street. This parcel is zoned R-2. The applicant is requesting a variance to Section 10-6C-4B to reduce the corner side yard setback from 30 feet to 24.4 feet(a total reduction of 5.6 feet or a reduction of 18.7%) and a variance from Section 10-6C-4C to reduce the rear yard setback from 40 feet to 17.2 feet(total reduction of 22.8 feet or a reduction of 57%) to erect a addition to an existing single-family house. STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary (or make a recommendation to vary) the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon the following: Zoning Board of Appeals 802 S. Main Street—ZBA 2005-09 April 13, 2005 Page 2 of 2 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The ZBA stated that there is adequate area for the house given that the maximum allowable lot coverage of 30% is not being exceeded. However, due to the location of the house on the lot putting an addition on the house would not be possible while still adhering to the required setbacks. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The house was built around the late 1800's or early 1900's, before the present zoning code was enacted. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. As the house was erected nearly 100 years ago, the present owner did not create the present situation. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Several adjacent property owners were present and did not object to the request. The Board also felt that the new construction would both maintain and upgrade the neighborhood. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The ZBA determined that the proposed variances would not create problems to the adjacent properties or to the community, and compared the requests as creating an "isle of paradise compared to [Route] 47." DECISSION (Section 10-14-5(D) outlines occasions when the Zoning Board of Appeals may make a final decision. Subsection la indicates that the Zoning Board of Appeals may grant the variance if the variance is less than 25% of setback standard. As indicated above, in regards to the first variance, the applicant is seeking to reduce the corner side yard setback from 30 feet to 24.4 feet(a reduction of 18.7%). The ZBA voted 4-0 to grant this variance and no further action by the City Council is required. However, in regards to the second variance, the applicant is seeking a 57% reduction in the rear yard setback. As such, the ZBA's vote of 4-0 to approve this variance is strictly advisory and the City Council must take action regarding this variance. /abk C: M.Leifheit Filename: C:\Documents and Settings\Aima\My Documents\ZBA\Leifheit-802SMain\4-13-05ZBAReporL.doe Ii-4.`°f" /-' '1‘ - ) F' THE CONSERVATION FOUNDATION We save land. We save rivers. •THE• CONSERVATION FOUNDATION • Established 1972O.)1(\,,Ixir Founding Chairman - I Brooks McCormick Trustees Mayor Art Prochaska James D'Ambrosio800 Game Farm Rd. Chairman Yorkville,M. 60560 Dalip Bammi Vice Chairman 4 August 1, 2004 Robert Hutchinson Treasurer - Dear Mayor Prochaska: w;, Betty Bradshaw secretary I am writing for your support for the next year of the Blackberry Creek and Big Rock Christopher B.Burke,Ph.D. 1 Creek Watershed Implementation Programs. As you know,the watershed plan James M.Huck,Jr. Implementation Councils are made up of local stakeholders such as yourself who promote Ruth Kretschmer w Douglas B.Mains,M.D. the recommendations in the watershed plans. Ron Nosek Kaaren Oldfield Some of our recent work has been on the formation of a model ordinance resource Mary Ochsenschlager Q Jack Riley Q manual, and the Blackberry Creek Alternative Futures Project which models the impacts Bruce A.Schurman ril of various build-out scenarios. These projects provide to municipalities a tool in helping Christine Sobek,Ed.D. 1.1 Stephen C.VanArsdell them design their future communities. In addition, we continue to work with homeowners Leadership Board a and their children to promote awareness of the importance of watershed protection. James Bramsen i President/CEO I These two watershed programs are renewed on an annual basis. In the past,we have Spraying Systems Company gotten much of our funding from Kane County; that support is not guaranteed and it is Karen A.Callanan conditioned on contributions from other watershed stakeholders. Therefore,we ask all the Will Country Treasurer a Dr.William Carroll municipalities in the watershed to support the program financially by contributin to President cis thousand dollar annually. Yorkville has made this contribution in the past, and we hope Benedictine University it will do so again this year. Sunil Chand,Ph.D. '7 PresidentI acknowledge and thank you for your continuing support of our efforts, o College of DuPage =' r Frank M.Clark ' President Commonwealth Edison Kay Hatcher Kendall County Forest Preserve District Mike McCoy Ksenia Rudensiuk, MS, JD • • Kane County Director of Watershed Planning/Legal Counsel Board Chairman D.Dewey Pierotti,Jr. DuPage County Forest Preserve President Robert J.Schillerstrom - - DuPage County Cc: Tony Graff, City Administrator Board Chairman Thomas Schneider Vice President Molex,Inc. President/CEO Brook McDonald www.theconservationfoundation.org 10 S 404 Knoch Knolls Road, Naperville, Illinois 60565, p630 428-4500 f630 428-4599 Draft N. 111 , 1 =4/-->I 1/05 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE (PRESTWICK OF YORKVILLE SUBDIVISION) This Annexation Agreement (hereinafter "Agreement"), is made and entered into this day of , 2005, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owners of record YORKVILLE FARMS DEVELOPMENT, LLC, (Hereinafter "OWNER" or "DEVELOPER" or"OWNER/DEVELOPER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 195.5 acres, more or less (hereinafter "PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Plat attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. C nccptPreliminary Plan. The CITY hereby approves the (-=annce4tPreliminar_y Plan attached hereto as Exhibit C, prepared by Smith Engineering Consultants dated , 2005. hi--the Lent that the ( Jtreclt}ett t+ in the size 01- the 2 ,`,«rtr}m rift:zfEtE�2}E)Ei,i �il��{c' i.t:31}i }tt+H{r• }}},+k.4}tiiEc ctl > ,{f}<-eit",ett�pi}4t-H 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER/DEVELOPER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville- Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol. subject to_their approval. and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the city's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed rcelsComEd Interceptor is available at the property line of the PROPERTY. The DEVELOPER agrees to cooperate with the City regarding the Po -Rt ti �tl: �,:;f+i t--ComEd Sewer Interceptor project. The OWNER/DEVELOPER is permitted to temporarily connect to the Rain Tree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the property will be permanently connected to the southeast interceptor. The represents that the sewer lines and the sanitary system presently have the capacity to service the property and the 4 tCity will use its best efforts to provide that sanitary sewer capacity for purposes of serving the property. In the event the DEVELOPER advances the cost for the design work necessary for the southeast interceptor, the would credit the DEVELOPER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due_ C. OWNER/DEVELOPER shall construct a temporary lift station. if necessary_ in accordance with the plans attached hereto as Exhibit D. The OWNER DEVELOPER and, CITY agree to enter into an agreement for the maintenance of the temporary sanitary sewer lift station. 4. WATER. 3 The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the needs of the PROPERTY. The potable water connection shall occur at the northwest corner of the property at the eastern edge of the development commonly known as Rain Tree Village. The DEVELOPER agrees to provide easements for water utilities as may be necessary. The DEVELOPER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay Dollars ($ ) as School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by DEVELOPER to the Yorkville Community School District #115; City Development fees of Two Thousand Eight Hundred and no/100 Dollars ($2,800.00) per residential dwelling unit shall be paid by DEVELOPER at the time of building permit issuance; the Municipal Building Fee of dollars ($ ) per unit payable at final plat recording, as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition, Development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Developer shall pay Two Thousand Dollars (52.000.00) per residential dwelling unit in the PROPERTY as a road in33act fee. Said road impact fee may be reduced in accordance with the terms of this Annexation Agreement. C. DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances at the election of the CITY. 1. DEVELOPER agrees to dedicate to the City a Site at the location and acreage amount as shown on the e n ,,-+ tPreliminary Plan attached hereto and incorporated herein by reference as "Exhibit C", for which DEVELOPER shall receive a park donation credit in equal amount to the park site and proposed trail system. 2. CITY agrees to accept ownership of and to forever maintain the proposed trail system within the PROPERTY. 3. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by 4 land donations shall be made up with cash contributions for the difference in value or in kind improvements within the parks and/or construction of bicycle paths. ( D. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any oversizing or additional road improvements. 3E. Upon annexation, police protection, 911 service, and library service will be provided by the City at no charge to the Developer. I--. F. The DEVELOPER shall pay a Fire District Fee of Five Hundred Dollars ($ --500.00) per home. One half of said fee ($— •250.0Q per unit) shall be due and payable for the first phase of the development in a lump sum at the time of final plat recording. The balance for additional phases, if any, shall be paid at the building permit stage. G. In light of the improvements set forth in Exhibit laE attached hereto and incorporated herein by reference, DEVELOPER will be granted a traffic impact fee credit of $ for improvements to the Route 126/Collector Road intersection, the construction of the Collector Road and the Route 126/Ashley Intersection and Ashley Road. If the amounts of these improvements exceed the traffic impact fees, the parties shall enter into a written agreement specifically providing that costs shall be reimbursed by the CITY or be the subject to a recapture agreement and recapture ordinance in favor of the DEVELOPER. ,H. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. i-il. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit +.-F attached hereto and incorporated herein by reference. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining of the completed work, so long as the balance remaining in the Security 5 Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. A. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of DEVELOPER'S request for approval of any public improvements. B. DEVELOPER agrees to improve Ashley Road in accordance with the CITY's rural cross-section standard. 8. OVERSIZING. In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any Owner Developer oversight of construction. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards 6 Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of ,Ifive (=5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during saide (75) year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said -t t=,five (=5) year period. After said -ra:—five (75) year period, the 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 e (75) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the �:..., x=Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at developer's sole cost. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said (=5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned 7 lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof DEVELOPER and all successor developers of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraph 5 C above. 11. FEES AND CHARGES. During the first four (4) years following the date of the Agreement, the CITY shall impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a six ( 6) ii month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign pelinit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES, PRODUCTION UNITS. SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with developer's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. 8 The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol - Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within >-+x,150' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply 9 trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of Developer's obligation for the PROPERTY in accordance with the - : -,1Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the 4_'t>+ -t::r-44Preliminary Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the developer's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The CITY hereby grants any necessary variances to the CITY subdivision and/or Improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plat. The CITY agrees to allow up to .four feet (-,4') of bounce in any wet stormwater management facility. 16. MASS GRADING. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow DEVELOPER to commence earth work after the permit is issued and after DEVELOPER posts any necessary bond for said work with the CITY prior to the commencement of said earth work. DEVELOPER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinace. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) 10 years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/DEVELOPER of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville. IL 60560 DEVELOPER: Yorkville Farms Development, LLC 16501 South Parker Road Homer Glen, IL 60491 DEVELOPER'S James Olguin ATTORNEY: Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527-0860 Telephone (630) 655-6000 Facsimile (630) 655-9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. 11 In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and 12 interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion 13 of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and developer's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one 14 and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK 15 RECORD OWNER/DEVELOPER YORKVILLE FARMS DEVELOPMENT, LLC BY: 16 Document comparison done by DeltaView on Wednesday, April 13, 2005 1:59:34 PM Input: Document 1 interwovenSite://IMANAGE/DOCS/249030/1 Document 2 interwovenSite://IMANAGE/DOCS/249030/2 Rendering set Standard Legend: Insertion r -'-tit} Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 59 Deletions 47 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 106 Draft 4/11/05 STA 1E OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF YORKVILLE FARMS DEVELOPMENT AND THE UNITED CITY OF YORKVILLE (PRESTWICK OF YORKVILLE SUBDIVISION) This Annexation Agreement(hereinafter"Agreement"), is made and entered into this day of , 2005, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owners of record YORKVILLE FARMS DEVELOPMENT, LLC, (Hereinafter "OWNER" or "DEVELOPER" or"OWNER/DEVELOPER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 195.5 acres, more or less (hereinafter "PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Plat attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plan. The CITY hereby approves the Preliminary Plan attached hereto as Exhibit C, prepared by Smith Engineering Consultants dated 2005. 2 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER/DEVELOPER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville- Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, subject to their approval, and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the city's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed ComEd Interceptor is available at the property line of the PROPERTY. The DEVELOPER agrees to cooperate with the City regarding the ComEd Sewer Interceptor project. The OWNER/DEVELOPER is permitted to temporarily connect to the Rain Tree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the property will be permanently connected to the southeast interceptor. The City represents that the sewer lines and the sanitary system presently have the capacity to service the property and the City will use its best efforts to provide that sanitary sewer capacity for purposes of serving the property. In the event the DEVELOPER advances the cost for the design work necessary for the southeast interceptor, the City would credit the DEVELOPER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. C. OWNER/DEVELOPER shall construct a temporary lift station, if necessary, in accordance with the plans attached hereto as Exhibit D. The OWNER/DEVELOPER and CITY agree to enter into an agreement for the maintenance of the temporary sanitary sewer lift station. 4. WATER. The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the needs of the PROPERTY. The potable water connection shall occur at the northwest corner of the property at the eastern edge of the development commonly known as 3 Rain Tree Village. The DEVELOPER agrees to provide easements for water utilities as may be necessary. The DEVELOPER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay Dollars ($ ) as School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by DEVELOPER to the Yorkville Community School District #115; City Development fees of Two Thousand Eight Hundred and no/100 Dollars ($2,800.00) per residential dwelling unit shall be paid by DEVELOPER at the time of building permit issuance; the Municipal Building Fee of dollars ($ ) per unit payable at final plat recording, as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition, Development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Developer shall pay Two Thousand Dollars ($2,000.00) per residential dwelling unit in the PROPERTY as a road impact fee. Said road impact fee may be reduced in accordance with the terms of this Annexation Agreement. C. DEVELOPER shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances at the election of the CITY. 1. DEVELOPER agrees to dedicate to the City a Site at the location and acreage amount as shown on the Preliminary Plan attached hereto and incorporated herein by reference as "Exhibit C", for which DEVELOPER shall receive a park donation credit in equal amount to the park site and proposed trail system. 2. CITY agrees to accept ownership of and to forever maintain the proposed trail system within the PROPERTY. 3. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 4. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind improvements within the parks and/or construction of bicycle paths. 4 D. In the event the CITY requires DEVELOPER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other properties, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of DEVELOPER before DEVELOPER is required to perform any oversizing or additional road improvements. E. Upon annexation, police protection, 911 service, and library service will be provided by the City at no charge to the Developer. F. The DEVELOPER shall pay a Fire District Fee of Five Hundred Dollars ($500.00) per home. One half of said fee ($250.00 per unit) shall be due and payable for the first phase of the development in a lump sum at the time of final plat recording. The balance for additional phases, if any, shall be paid at the building permit stage. G. In light of the improvements set forth in Exhibit E attached hereto and incorporated herein by reference, DEVELOPER will be granted a traffic impact fee credit of $ for improvements to the Route 126/Collector Road intersection, the construction of the Collector Road and the Route 126/Ashley Intersection and Ashley Road. If the amounts of these improvements exceed the traffic impact fees, the parties shall enter into a written agreement specifically providing that costs shall be reimbursed by the CITY or be the subject to a recapture agreement and recapture ordinance in favor of the DEVELOPER. H. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. L Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit F attached hereto and incorporated herein by reference. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be 5 dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFSITE ROAD IMPROVEMENTS. A. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of DEVELOPER'S request for approval of any public improvements. B. DEVELOPER agrees to improve Ashley Road in accordance with the CITY's rural cross-section standard. 8. OVERSIZING. In the event DEVELOPER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse DEVELOPER within 30 days of any other parcel of real property connecting to said improvements, for DEVELOPER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any Owner/Developer oversight of construction. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, 6 otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of DEVELOPER during said five (5) year period. After said five(5)year period, the 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 on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at developer's sole cost. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY and any parcel or phase thereof. DEVELOPER and all successor developers of the PROPERTY or any parcel or phase 7 thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 10. RECAPTURE. See Paragraph 5 C above. 11. FEES AND CHARGES. During the first four (4) years following the date of the Agreement, the CITY shall impose upon and collect from DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "F". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES,PRODUCTION UMTS. SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with developer's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces 8 will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 150' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the DEVELOPER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND IMPROVEMENTS. 9 In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of Developer's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plan and in this Agreement,the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the developer's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The CITY hereby grants any necessary variances to the CITY subdivision and/or Improvement ordinances as they relate to street block lengths in order to conform with the proposed preliminary plat. The CITY agrees to allow up to four feet (4') of bounce in any wet stormwater management facility. 16. MASS GRADING. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow DEVELOPER to commence earth work after the permit is issued and after DEVELOPER posts any necessary bond for said work with the CITY prior to the commencement of said earth work. DEVELOPER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinace. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. 10 Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the PROPERTY and/or future OWNER/DEVELOPER of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded.Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville, IL 60560 DEVELOPER: Yorkville Farms Development,LLC 16501 South Parker Road Homer Glen, IL 60491 DEVELOPER'S James Olguin ATTORNEY: Goldstine, Skrodzki, Russian, Nemec&Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527-0860 Telephone (630) 655-6000 Facsimile (630) 655-9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the 11 application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 22. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms and Conditions. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be 12 amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the PROPERTY,whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois,at OWNERS and developer's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as 13 provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK RECORD OWNER/DEVELOPER YORKVILLE FARMS DEVELOPMENT,LLC BY: 14 DRAFT-FOR DISCUSSION PURPOSES 1 STATE OF ILLINOIS ) 2 ) SS 3 COUNTY OF KENDALL ) 4 5 ANNEXATION AGREEMENT OF ASPEN RIDGE ESTATES 6 This Annexation Agreement (hereinafter "Agreement"), is made and entered into this 7 day of , 2005, by and between the UNITED CITY OF YORKVILLE, a 8 municipal corporation, hereinafter referred to as "CITY", and the owner of record of the subject 9 property, ASPEN RIDGE ESTATES, L.L.C.,hereinafter referred to as "OWNER" 10 WITNESSETH 11 WHEREAS, OWNER owns fee simple title to the real property which is legally 12 described in Exhibit "A" attached hereto, consisting of approximately 125 acres, more or less 13 (hereinafter the"PROPERTY"); and 14 WHEREAS, it is the desire of OWNER to provide for the annexation of the PROPERTY 15 and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and 16 the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will 17 be granted at that time as an R-2 Single Family Residence District; and 18 WHEREAS, it is the desire of the CITY to annex the PROPERTY and to grant zoning 19 and facilitate its development pursuant to the terms and conditions of this Agreement and the 20 Ordinances of the CITY; and 21 WHEREAS, OWNER and CITY has or will perform and execute all acts required by law 22 to effectuate such annexation; and 23 WHEREAS, it is the intent of OWNER to design a stormwater management system for 24 the PROPERTY that is in conformance with City Ordinances; and -1- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to 2 the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable 3 provisions of the Illinois Compiled Statutes; and, 4 WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public 5 hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as 6 required by the provisions of the Illinois Compiled Statues; and 7 WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly 8 held all public hearings relating to annexation and zoning all as required by the provisions of the 9 CITY'S Ordinpnces and Illinois Compiled Statutes; and 10 WHEREAS, the OWNER and CITY agree that upon annexation to the CITY the 11 PROPERTY shall be placed in a R-2 Single Family Residence District; and 12 WHEREAS, in reliance upon the development of the PROPERTY in the manner 13 proposed, OWNER and the CITY have agreed to execute and deliver all petitions, give all 14 notices, and enact all such resolutions and ordinances and provide and record all other 15 documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and 16 WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 17 ILCS 5/11-15.1-1 through 15.1-5, inclusive, relating to Annexation Agreements, the parties 18hereto wish to enter into a bindingagreement togovern the annexation, zoning, subdivision and g, 19 development of the PROPERTY, and the performance of certain undertakings which are 20 contingent upon said annexation, zoning and subdivision and to provide for various other matters 21 related to the annexation of the PROPERTY in the future, as authorized by, the provisions of 22 said statutes; and -2- QBCH1\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 WHEREAS, pursuant to due notice and publication in the manner provided by law, a 2 proposed agreement, in substance and form the same as this Agreement, was submitted to the 3 Corporate Authorities for public hearing and a public hearing as held thereon; and 4 WHEREAS, the Corporate Authorities, after due and careful review, have concluded that 5 the annexation of the Property to the CITY and the zoning and development of the PROPERTY 6 on the terms and conditions hereinafter set forth will(i) further the planned growth of the CITY; 7 (ii) increase the tax base of the property lying within the City; and (iii) generally benefit the 8 CITY and enhance and promote the general welfare of the CITY; 9 WHEREAS, by a two-thirds (2/3) vote of the Corporate Authorities then holding office, 10 the CITY has duly adopted an ordinance approving the terms and provisions of this Agreement 11 (the "Approving Ordinance") and authorizing and directing the Mayor to execute and the City 12 Clerk to attest to this Agreement on behalf of the City; and 13 WHEREAS, each of the parties is materially changing its respective position in reliance 14 upon the execution of this Agreement by the other parties and the performance by the other 15 parties of their respective undertakings contained herein. 16 NOW, THEREFORE, in consideration of the foregoing preambles and the mutual 17 covenants, agreements and conditions herein contained, and by authority of and in accordance 18 with the aforesaid statutes of the State of Illinois, the parties agree as follows: 19 I. ANNEXATION. 20 OWNER has or will file with the Clerk of the CITY a duly and properly executed petition 21 pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. to annex the 22 PROPERTY and any adjacent roadways not previously annexed to the City of Yorkville. The 23 CITY agrees to adopt any necessary ordinances to provide for the annexation of the PROPERTY 24 as soon as reasonably practical (the "Annexation Ordinance"). The Annexation Ordinance -3- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 shall be adopted and approved prior to the Property being contiguous to the corporate boundaries 2 of the CITY, and shall recite that it shall not be effective and the CITY shall have no obligation 3 to record the Annexation Ordinance and plat of annexation unless and until the PROPERTY is 4 contiguous to the corporate boundaries of the CITY, where "contiguity" shall be determined by 5 the legal standards for annexation in under Illinois law. As soon as the PROPERTY becomes 6 contiguous to the corporate boundaries of the CITY the CITY shall promptly cause the 7 Annexation Ordinance and plat of annexation to be recorded in the office of the Recorder of 8 Kendall County. 9 II. ZONING. 10 A. Immediately after adoption of the Annexation Ordinance, and at the same meeting 11 and in accordance with the United City of Yorkville Zoning Ordinance, the Corporate 12 Authorities shall adopt an ordinance (the "Zoning Map Amendment Ordinance") which shall 13 rezone the Property from the R-1 Single Family Residence District to the R-2 Single Family 14 Residence immediately upon the annexation of the PROPERTY. 15 B. The R-2 zoning district classification granted by virtue of this Agreement and the 16 Zoning Map Amendment Ordinance shall survive the expiration of the Term of this Agreement. 17 The CITY may amend the zoning district regulations of the Zoning Ordinance at any time in 18 accordance with the procedures of State law and City ordinances; however, no such amendment 19 shall preclude the development of the Property in accordance with this Agreement. 20 C. Should the CITY fail to annex or rezone the PROPERTY in accordance with this 21 Agreement, the PROPERTY shall be deemed automatically disconnected from the CITY and 22 without further action, this Agreement shall be deemed null and void, and the parties to this 23 Agreement shall have no duties or obligations to the other. -4- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 III. DEVELOPMENT OF THE PROPERTY 2 A. Approval of Preliminary Plat of Subdivision and Preliminary Engineering Plans. 3 Immediately after adoption of the Zoning Map Amendment Ordinance, and at the same meeting, 4 the Corporate Authorities shall adopt an ordinance or resolution approving the preliminary 5 engineering plans and preliminary subdivision plat and landscape plan (the "Preliminary 6 Plans") attached hereto and made a part hereof as follows: 7 1. Preliminary Plat ( 3 sheets), prepared by Smith Engineering Consultants, 8 Inc., dated January 24, 2005, as last revised , 2005 ("Exhibit C"); 9 2. Preliminary Engineering Plan(3 sheets),prepared by Smith Engineering 10 Consultants, Inc., dated January 24, 2005, as last revised , 2005 11 ("Exhibit B"); 12 3. Landscape Plan(3 sheets), prepared by Ives/Ryan Group, dated January 13 24, 2005, as last revised_ , 2005 ("Exhibit D"). 14 B. General Rights and Obligations. The Owner shall have the right to develop 15 the PROPERTY in accordance with, and only in accordance with (i) final plats of subdivision 16 and final engineering plans that have been approved by the CITY in accordance with this 17 Agreement and the City Code; (ii) this Agreement; (iii) the Zoning Map Amendment Ordinance; 18 (iv) the Preliminary Plans; and (v) any other document relative to the development of the 19 PROPERTY that is approved by the CITY (collectively, the "Approved Documents"). In the 20 event of a conflict between the Approved Documents and the City Code, the Approved 21 Documents shall control. 22 C. Phasing of Development. The Owner may final plat and final engineer the 23 Property in phases ("Phases"). For each Phase, the Owner shall apply for final subdivision 24 approvals. When developing a Phase, the Owners shall be required to install or construct only 25 those Land Improvements (as defined in the CITY's Subdivision Control Ordinance) that are -5- QBCH1\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 necessary to serve the Phase, as may be determined by the CITY and City Engineer in approving 2 a final plat and fmal engineering plans for such Phase. Preliminary plats and plans shall be 3 effective for a period of twelve (12) months from the date of approval by the CITY. Approved 4 preliminary plats and plans shall remain in effect for a period of thirty six (36) months after the 5 approval by the CITY of a fmal plat of a first Phase of development, notwithstanding anything in 6 Section 5.02.05 of the Subdivision Control Ordinance to the contrary. 7 IV. ANNEXATION TO SANITARY DISTRICT. 8 A. OWNER agrees to file any necessary petitions and agreements to request 9 annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary 10 District ("Yorkville-Bristol" or "YBSD") for the purpose of extending and connecting to the 11 sanitary sewer lines and treatment facilities of Yorkville-Bristol. The CITY shall fully cooperate 12 with OWNER in obtaining such permits as may be required from time to time by both federal 13 and state law, including, without limitation, the Illinois Environmental Protection Act, permitting 14 the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in 15 order to facilitate the development and use of each Phase of development of the PROPERTY. 16 V. SANITARY SEWER AND WATER IMPROVEMENTS 17 A. Owner's Obligation. At its cost, OWNER shall construct all on-site sanitary 18 sewer collection lines and all other improvements that are necessary or desirable for the 19 collection of sanitary sewage generated by the PROPERTY (the "Sewer Improvements") and 20 all water mains, distribution lines, and other improvements that are necessary or desirable for the 21 provision of potable water to the PROPERTY (the "Water Improvements"), in accordance with 22 City Code. -6- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 B. Dedication. Upon completion of construction or installation of the Sewer 2 Improvements and Water Improvements, OWNER shall dedicate to the CITY those portions of 3 the Sewer Improvements and Water Improvements to the CITY that are required to be dedicated 4 in accordance with the City Code (the "Public Sewer and Water Improvements"). The CITY 5 shall promptly accept the dedication upon review and approval of the Public Sewer and Water 6 Improvements and thereafter shall assume responsibility for all maintenance, repair and 7 replacement thereof, in accordance with City Code. 8 C. CITY's Obligation. The CITY hereby represents and warrants that it will take 9 all actions necessary to provide adequate water and sanitary service to the PROPERTY in 10 sufficient capacity to serve the development of the PROPERTY as authorized by this Agreement. 11 VI. STORMWATER IMPROVEMENTS 12 A. Owner's Obligation. At its cost, OWNER shall construct all storm sewers, 13 detentions systems, and compensatory storage facilities that are necessary to convey stormwater 14 drainage from the PROPERTY in accordance with this Agreement and the Village Code 15 ("Stormwater Improvements"). 16 B. Dedication. All Stormwater Improvements shall be owned and maintained by 17 the OWNER (or an owners' association or similar entity). OWNER shall dedicate a 18 maintenance easement or easements to the CITY allowing the CITY to maintain the Stormwater 19 Improvements if the OWNER (or other owner of such Stormwater Improvements) fails to 20 maintain them. 21 C. City Cooperation. In accordance with the provisions of the subdivision plats 22 and site plans approved by the CITY, the CITY shall cooperate with the OWNER, at no cost to -7- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 the CITY, and execute all applications, permit requests, and other documents necessary or 2 desireable to obtain stormwater approvals from any other governmental agency. 3 VII. DONATIONS AND CONTRIBUTION. 4 A. Impact Fees, Donations and Contributions [***Amount and timing of Impact 5 Fees to be discussed and appropriate provisions to be inserted after further discussions with 6 the CITY***1. Said Transition, Development, and other fees shall be paid per single-family 7 residence concurrent with and prior to the issuance of each respective single-family building 8 permit. Said fees are being paid voluntarily and with the consent of OWNER based upon this 9 contractual agreement voluntarily entered into between the parties after negotiation of this 10 Agreement. OWNER knowingly waives any claim or objection as to amount of the specific fees 11 negotiated herein voluntarily. 12 B. Park Land/Cash Contribution. OWNER shall construct and shall dedicate 13 to the CITY a proposed recreational trail as indicated on the Preliminary Plans. OWNER shall 14 pay to the CITY cash as required by and in accordance with the current Land/Cash Ordinance for 15 OWNER'S park contribution. In calculating the amount due thereunder OWNER shall be 16 entitled to 100% credit of the cash value for the total acreage of the dedicated trail. 17 C. The OWNER shall pay a Fire District Fee of Three Hundred Dollars ($300.00) 18 per home. One half of said fee ($150.00) per unit shall be due and payable for at the time of 19 recording each final plat for a Phase of development. 20 D. The CITY shall not require the OWNER to donate any land or money to the 21 CITY or any other governmental body, except as otherwise expressly provided in this 22 Agreement. -8- QBCHI1397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 VIII. HOMEOWNER ASSOCIATION; DORMANT SPECIAL SERVICE AREA 2 A. Any storm water detention and retention facilities, drainage ways in easements, 3 wetlands, landscaping and non-standard pavement areas which are not accepted by the CITY and 4 are not located within building lots, shall be owned and maintained by a homeowners' 5 association. Notwithstanding the foregoing, OWNER shall not object to the establishment of 6 and any amendment to a Special Service Area or areas comprising all of the PROPERTY or any 7 portion thereof as described in this section. The purpose of such Special Service Area or areas 8 shall be for the reconstruction, repair, and maintenance of stormwater detention and retention 9 facilities, drainage ways in easements, wetlands, common open space, subdivision signage, 10 landscaping, non-standard pavement methods, and other common areas of the subdivision, all 11 within the Property, for a perpetual duration with a maximum rate of 1.00 percent per year 12 ($1.00 per $100) of the assessed value, as equalized, of the taxable Property, excluding all 13 taxable personal property. 14 B. OWNER agrees to execute a consent to the creation of a dormant Special Service 15 Area prior to execution of the first Final Plat of Subdivision by the CITY. 16 IX. SECURITY INSTRUMENTS. 17 A. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable 18 letters of credit or surety bonds ("Security Instruments") on the standard forms of the City, to 19 guarantee completion and maintenance of the public improvements to be constructed as a part of 20 the development of each Phase of Development as are required by applicable ordinances of the 21 CITY. The OWNER shall have the sole discretion as to whether an irrevocable letter of credit or 22 surety bond will be used as the Security Instruments. The amount and duration of each Security 23 Instrument shall be as required by applicable ordinances of the CITY. The City Council upon -9- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 recommendation by the City Engineer, may from time to time approve a reduction or reductions 2 in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value 3 certified by the City Engineer of the completed work, so long as the balance remaining in the 4 Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete 5 the remaining public improvements for the applicable Phase of development. 6 B. Security for construction of perimeter roadways and onsite improvements may be 7 dedicated, constructed, and/or bonded as independent Phases of development at the sole 8 discretion of the OWNER. 9 X. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. 10 The public improvements constructed as a part of the development of each phase of 11 development shall be accepted by the CITY pursuant to the provisions of the Subdivision 12 Control Ordinance. The City shall exercise good faith and due diligence in accepting said public 13 improvements following OWNER'S completion thereof for each phase of development in 14 compliance with the requirements of said ordinance; and the City Engineer shall make his 15 recommendation to the City Council not later than thirty (30) days from the date of OWNER'S 16 request for approval of any public improvements. 17 XI. OVERSIZING. 18 A. In the event OWNER is required as a condition of plat or engineering plan 19 approval to oversize water mains, sanitary sewer mains, storm sewer lines, or other 20 improvements such as roads that benefit other properties, the parties shall enter into a written 21 agreement specifically providing that said costs shall be reimbursed by the CITY, or be the 22 subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER before 23 OWNER is required to perform any oversizing or additional road improvements, the parties shall -10- QBCHI1397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 enter into a written agreement specifically providing that said costs shall be reimbursed by the 2 CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER 3 before OWNER is required to perform any oversizing or additional road improvements. CITY 4 agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse 5 OWNER within 30 days of any other parcel of real property connecting to said improvements, 6 for OWNER'S costs of oversizing said lines including costs for deepening said lines and any 7 engineering fees, and other costs associated therewith. In the event OWNER seeks said 8 reimbursement, the parties agree separately that the Recapture Agreement shall be executed 9 pursuant to and in compliance, with the Illinois Compiled Statutes, Local Government Act 10 governing the Recapture with the requisite Public Hearing being held and requisite recapture 11 ordinance being approved by the City Council contingent on the percentage of the benefit to the 12 OWNER and including the service area effected. 13 B. In the event any said oversizing is required, the CITY and OWNER agree to 14 prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and 15 approving the same within a reasonable amount of time after those costs are ascertained. 16 C. OWNER agrees to hold the CITY harmless and indemnify the CITY from any 17 liability as a result of any recapture imposed. 18 XII. AMENDMENTS TO ORDINANCES 19 A. All ordinances, regulations, and codes of the CITY, including without limitation 20 those pertaining to subdivision controls, zoning, storm water management, drainage, and 21 building code requirements, (so long as they do not affect the City's International Standards 22 Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as -11- QBCHE397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and 2 its development if universally applied to all property in the CITY, shall also apply to the 3 PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such 4 ordinances, regulations and codes shall apply to the PROPERTY after a period of seven(7) years 5 from the date of this Agreement. Any amendments, repeal, or additional regulations, which are 6 subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY 7 except upon the written consent of OWNER during said seven(7) year period. Any Agreements, 8 repeal, or additional regulations which are subsequently enacted by the CITY shall not be 9 applied to the development of the PROPERTY except upon the written consent of OWNER 10 during said seven (7) year period. After said seven (7) year period, the PROPERTY and its 11 development will be subject to all ordinances, regulations and codes of the CITY in existence on 12 or adopted after the expiration of said seven (7) year period, provided, however, that the 13 application of any such ordinance, regulation or code shall not result in a reduction in the number 14 of residential building lots herein approved on the Concept Plan for the PROPERTY, alter or 15 eliminate any of the ordinance variations, modifications or departures provided for herein, nor 16 result in any subdivided lot or structure constructed within the PROPERTY being classified as 17 non-conforming under any ordinance of the CITY. The foregoing to the contrary 18 notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or 19 regulation and to apply the same to the PROPERTY pursuant to the express and specific 20 mandate of any superior governmental authority, and applicable generally within the CITY and 21 not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY 22 and be complied with by OWNER, provided, however, that any so-called "Grandfather" 23 provision contained in such superior governmental mandate which would serve to exempt or -12- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 delay implementation against the PROPERTY shall be given full force and effect. Furthermore, 2 provided that the amended regulation is applicable and enforced generally and uniformly in the 3 CITY. Nothing herein shall be construed as to prevent OWNER from contesting or challenging 4 any such mandate of any superior governmental authority in any way legally possible, including, 5 without limitation, by challenging such mandate on its face or as applied to the PROPERTY in 6 any administrative or judicial forum having jurisdiction at OWNER'S sole cost. 7 B. Notwithstanding any of the terms or provisions of this Agreement, however, no 8 change, modification or enactment of any ordinance, code or regulation so long as they do not 9 affect the CITY'S ISO insurance rating, shall be applied during said seven (7) year period so as 10 to: (i) affect the zoning classification of the PROPERTY or any Parcel r Phase thereof; (ii) affect 11 the CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and 12 frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY 13 specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent 14 OWNER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in 15 accordance with this Agreement and the exhibits attached hereto. Except as modified by the 16 previous sentence and the provisions hereof or other terms and provisions of this Agreement, 17 OWNER shall comply in all respects with the conditions and requirements of all ordinances of 18 the CITY applicable to the PROPERTY and all property similarly situated and zoned within the 19 CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, 20 provided, however, notwithstanding any other provision of this Agreement, if there are 21 ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their 22 application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled 23 to application of such less restrictive ordinances, regulations and/or codes to the PROPERTY -13- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 and any parcel or phase thereof 2 C. OWNER and all successor owners of the PROPERTY or any parcel or phase 3 thereof shall be entitled to take advantage immediately of any subsequently adopted amendments 4 to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are 5 less restrictive than the provisions of the CITY'S current codes in effect as of the effective date 6 of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this 7 Agreement or the intent of the parties relative to the development of the PROPERTY or any 8 parcel or phase thereof In the event of any conflict between the provisions of this Agreement 9 (including the Exhibits hereto), and the ordinances, codes, regulations and resolutions of the 10 CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the 11 provisions of any ordinances, codes, regulations and resolutions of the CITY. 12 XIII. FEES AND CHARGES. 13 During the first four (4) years following the date of the Agreement, the CITY shall 14 impose upon and collect from OWNER, and their respective contractors and suppliers, only 15 those permit, license, tap on and connection fees and charges, and in such amount or at such rate, 16 as are in effect on the date of this Agreement and as is generally applied throughout the CITY, 17 except as otherwise expressly provided for in this Agreement on the Fee Schedule attached 18 hereto and made a part hereof as Exhibit "F". At the expiration of this four year term, the CITY 19 shall give the OWNER a one (1) year grace period from the date they are notified of any changes 20 to the permit, license, tap on and connection fees and charges in order to comply with the new 21 regulations. 22 XIV. PROJECT SIGNS. -14- QBCHI\3976043 DRAFT-FOR DISCUSSION PURPOSES 1 Following the date of this Agreement and through the date of the issuance of the final 2 occupancy permit for the PROPERTY, OWNER shall be entitled to construct, maintain and 3 utilize offsite subdivision identification, marketing and location signs at such locations within the 4 corporate limits of the CITY as OWNER may designate (individually an "Offsite Sign" and 5 collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. 6 OWNER and OWNER shall be responsible, at its expense, for obtaining all necessary and 7 appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite 8 sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, 9 OWNER shall be permitted to construct, maintain and utilize signage upon the PROPERTY as 10 identified in Exhibit "G" attached hereto ("Signage Plan"). 11 XV. MODEL, HOMES, PRODUCTION UNITS, SALES TRAILERS. 12 A. During the development and build out period of the PROPERTY (subsequent to 13 fmal plat approval), OWNER, and such other persons or entities as OWNER may authorize, may 14 construct, operate and maintain model homes and sales trailers within the PROPERTY staffed 15 with OWNER'S, or such other person's or entity's, sales and construction staff, and may be 16 utilized for sales and construction offices for the PROPERTY. The number of such model 17 homes and sales trailers and the locations thereof shall be as from time to time determined or 18 authorized by the OWNER. 19 B. Off-street parking shall be required for model homes when more than five (5) 20 model homes are constructed on consecutive lots in a model home row. Three (3) off-street 21 spaces will be required for each model home in a model home row, with combined required 22 parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the 23 parking areas and walks will be submitted for review and approval by the CITY. -15- QBCHF397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 C. No off-street parking shall be required for individual model homes or sales trailers 2 that are not part of a model home row other than the driveway for such model home/sales trailer 3 capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for 4 model homes, sales trailers and for up to fifteen (15) production dwelling units for each Phase, 5 shall be issued by the CITY upon proper application thereof prior to the installation of public 6 improvements (provided a gravel access road is provided for emergency vehicles and upon 7 submission of a temporary hold harmless letter to the CITY and the Bristol-Kendall Fire 8 Protection District). A final inspection shall be conducted prior to the use of a model home and 9 water shall be made available within 300' of the model home. There shall be no occupation or 10 use of any model homes or production dwelling units until the binder course of asphalt is on the 11 street, and no occupation or use of any production dwelling units until the water system and 12 sanitary sewer system needed to service such dwelling unit are installed and operational. 13 D. OWNER may locate temporary sales and construction trailers upon the 14 PROPERTY during the development and build out of said property, provided any such sales 15 trailer shall be removed within one (1) week following issuance of the last occupancy permit for 16 the PROPERTY. A building permit will be required by the CITY for any trailer that will be 17 utilized as office space. Prior to construction of the sales trailer OWNER shall submit an exhibit 18 of the sales trailer site with landscaping and elevations for the City's approval. 19 E. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the 20 Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and 21 expenses incurred by or brought against all or any of the Indemnities as a direct and proximate 22 result of the construction of any model homes or production dwelling units prior to the 23 installation of the public street and water improvements required to service such dwelling unit. -16- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 OWNER shall be permitted to obtain building permits in the same manner for additional model 2 homes and for initial production dwelling units in each Phase as the Final Plat and Final 3 Engineering for each such Phase is approved by the CITY. The foregoing indemnification 4 provision shall, in such case, apply for the benefit of Indemnities for each phase. 5 XVI. CONTRACTORS TRAILERS. 6 The CITY agrees that contractor's and subcontractor's supply storage trailers may be 7 placed upon such part or parts of the PROPERTY as required and approved by the OWNER for 8 development purposes. Said trailers may remain upon the PROPERTY until the issuance of the 9 last final occupancy permit for the PROPERTY. A building permit will be required by the CITY 10 for any trailer that will be utilized as office space. All contractor's trailers and supply trailers 11 shall be kept in good working order and the area will be kept clean and free of debris. No 12 contractor's trailers or supply trailers will be located within dedicated right-of-way. 13 XVH. ONSITE EASEMENTS AND IMPROVEMENTS. 14 A. In the event that during the development of the PROPERTY, OWNER determines 15 that any existing utility easements and/or underground lines require relocation to facilitate the 16 completion of OWNER's obligation for the PROPERTY in accordance with the this Agreement 17 and the Preliminary Plans, the CITY shall fully cooperate with the OWNER in causing the 18 vacation and relocation of such existing easements and/or utilities, however, all costs incurred in 19 furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a 20 part of the development of the PROPERTY is subsequently determined to be in error or located 21 in a manner inconsistent, with the intended development of the PROPERTY as reflected on the 22 Preliminary Plans and in this Agreement, the CITY shall fully cooperate with the OWNER in 23 vacating and relocating such easement and utility facilities located therein, which costs shall be -17- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any 2 vacation of easement, the OWNER shall pay for the cost of design and relocation of any such 3 easement and the public utilities located therein unless the relocation involves overhead utilities. 4 If any existing overhead utilities are required to be relocated or buried on perimeter roads that are 5 the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of 6 those utilities. Upon the OWNER'S request, the CITY will make the request to have overhead 7 utilities relocated and will make the relocation of such utilities a CITY run project. In the event 8 there is a cost to the OWNER associated with burying what had been overhead utility lines, the 9 OWNER shall have the right to make the determination as to whether the utility lines will be 10 buried or re-located overhead. 11 B. The CITY hereby grants any necessary variances to the CITY Subdivision 12 Control ordinances as they relate to street block lengths in order to conform with the proposed 13 preliminary plat. 14 C. The CITY agrees to allow up to six feet (6') of bounce in any stormwater 15 management facility. 16 XVIII.MASS GRADING. 17 Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the 18 CITY agrees to allow the OWNER to begin mass earthwork before final plat approval, but only 19 after review and approval of the final engineering grading plan for the PROPERTY. OWNER 20 agrees to post any necessary bond for said work with the CITY prior to commencement of 21 operations. 22 XIX. REMEDIES. -18- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 A. Without limiting any of the remedies otherwise available at law or in equity to 2 OWNER or CITY as a result of the breach of this Agreement,the Parties agree as follows. 3 B. In the event the CITY fails to adopt any of the ordinances required by this 4 Agreement as and when it is required to do so, OWNER, at its option, and after no less than 5 thirty (30) days after delivery of notice of intent, shall have the right to terminate this Agreement 6 in its entirety in which event this Agreement shall be and become null, void, and of no force or 7 effect and the petitions for annexation that had been theretofore filed by OWNER with the CITY 8 shall be deemed to be withdrawn and of no further force or effect. 9 C. This Agreement shall be enforceable in any court of competent jurisdiction by the 10 Parties or by any successor or assign of the Parties. Enforcement may be sought by an 11 appropriate action at law or in equity to secure the performance of the covenants, agreements, 12 conditions, and obligations contained herein. 13 D. No action taken by any Party pursuant to the provisions of this Article or pursuant 14 to any other section of this Agreement shall constitute an election of remedies, and all remedies 15 set forth in this Agreement, as well as any remedies at law or in equity, shall be cumulative and 16 shall not exclude any other remedy. 17 E. Unless otherwise expressly provided herein, in the event of a material breach of 18 this Agreement, the Parties agree that the defaulting Party shall have thirty (30) days after notice 19 of said breach to correct the same prior to the non-breaching Party's seeking of any remedy 20 provided for herein. If such breach cannot be corrected within thirty (30) days, the 21 non-breaching Party shall not seek to exercise any remedy provided for herein as long as the 22 defaulting Party has initiated the cure of said breach and is diligently prosecuting the cure of said -19- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 breach. 2 F. In the event the performance of any covenant to be performed hereunder by any 3 Party is delayed for causes which are beyond the reasonable control of the Party responsible for 4 such performance (which causes shall include, but not be limited to, acts of God; inclement 5 weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability 6 to secure any necessary governmental permit, license, or and any similar cause), the time for 7 such performance shall be extended by the amount of time of such delay. 8 G. The failure of the Parties to insist upon the strict and prompt performance of the 9 terms, covenants, agreements, and conditions herein contained, or any of them, upon any other 10 Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's 11 right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall 12 continue in full force and effect. 13 XX. NOTICES 14 Notice shall be provided at the following addresses: 15 CITY: UNITED CITY OF YORKVILLE 16 800 Game Farm Road 17 Yorkville, IL 60560 18 Attn: Mayor 19 20 copy to: CITY Attorney: 21 John J. Wyeth, Esq. 22 Wyeth Heitz&Bromberek 23 300 East Fifth Avenue 24 Suite 380 25 Naperville, Illinois 60563 26 -20- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 OWNER: Aspen Ridge Estates LLC 2 19250 Everett Lane 3 Suite 101 4 Mokena, Illinois 60448 5 Attn: Paul Dresden 6 7 copy to: David T. Meek, Esq. 8 Quarles &Brady LLP 9 500 West Madison Street 10 Suite 3700 11 Chicago, Illinois 60661 12 13 XXI. AGREEMENT TO PREVAIL OVER ORDINANCES. 14 In the event of any conflict between this Agreement and any ordinances of the CITY in 15 force at the time of execution of this agreement or enacted during the pendency of this 16 agreement, the provision of this Agreement shall prevail to the extent of any such conflict or 17 inconsistency. 18 XXII. PARTIAL INVALIDITY OF AGREEMENT. 19 A. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 20 5/11-15.1-1, et seq., Illinois Compiled Statutes. If any provision of this Agreement (except those 21 provisions relating to the requested annexation and rezoning of the PROPERTY and approval of 22 Preliminary Plans identified herein and the ordinances adopted in connection herewith), or its 23 application to any person, entity, or property is held invalid, such provision shall be deemed to 24 be excised herefrom and the invalidity thereof shall not affect the application or validity of any 25 other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions 26 and provisions of this Agreement are declared to be severable. In addition the CITY and 27 OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to 28 the use and development of the PROPERTY. 29 B. If, for any reason during the term of this Agreement, any approval or permission -21- QBCHI\3976043 DRAFT-FOR DISCUSSION PURPOSES 1 granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY 2 agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances 3 effectuating the zoning, variations and plat approvals proposed herein. 4 XXIII.GENERAL PROVISIONS. 5 A. Enforcement. This Agreement shall be enforceable in the Circuit Court of 6 Kendall County by any of the parties or their successors or assigns by an appropriate action at 7 law or in equity to secure the performance of the covenants and agreements contained herein, 8 including the specific performance of this Agreement. This Agreement shall be governed by the 9 laws of the State of Illinois. 10 B. Entire Agreement. This Agreement contains all the terms and conditions 11 agreed upon by the parties hereto and no other prior agreement, regarding the subject matter 12 hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the 13 terms and conditions of this Agreement, including the payment of any fees, have been reached 14 through a process of good faith negotiation, both by principals and through counsel, and 15 represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable 16 and contractually binding upon each of them. 17 C. Amendment. This Agreement, and any Exhibits or attachments hereto, may be 18 amended from time to time in writing with the consent of the parties, pursuant to applicable 19 provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by 20 the CITY and the owner of record of a portion of the PROPERTY as to provisions applying 21 exclusively thereto, without the consent of the owner of other portions of the PROPERTY not 22 affected by such amendment, so long as such modification does not alter the rights or remedies -22- QBCHI1397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 provided in this Agreement for any other portion of the PROPERTY which is owned by such 2 owner of record. 3 D. Conveyances. Nothing contained in this Agreement shall be construed to restrict 4 or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether 5 improved or unimproved. 6 E. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and 7 resolutions necessary to permit the OWNER, and its successors or assigns, to develop the 8 PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or 9 resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to 10 execute this Agreement or to correct any technical defects which may arise after the execution of 11 this Agreement. 12 F. Effective Date. The date on which this Agreement becomes effective (the 13 "Effective Date") shall be the first date on which it has been approved and executed by all 14 parties hereto. 15 G. Term of Agreement. This Agreement shall be effective from its Effective Date 16 for twenty (20) years (the "Term"); provided, however, that if any action is filed or any claim is 17 made challenging the legality, validity or enforceability of this Agreement, the period during 18 which such action or claim is pending or unresolved shall not be included as part of the Term of 19 this Agreement. In the event construction is commenced within said twenty-year period all of 20 the terms of this Agreement shall remain enforceable despite said time limitation, unless 21 modified by written agreement of the CITY and OWNER. -23- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 H. Captions and Paragraph Headings. The captions and paragraph headings used 2 herein are for convenience only and shall not be used in construing any term or provision of this 3 Agreement. 4 I. Recording. This Agreement shall be recorded in the Office of the Recorder of 5 Deeds, Kendall County, Illinois, at OWNER'S expense. 6 J. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, 7 and the exhibits attached hereto, are incorporated herein by this reference and shall constitute 8 substantive provisions of this Agreement. 9 K. Counterparts. This Agreement may be executed in counterparts, each of which 10 shall be deemed an original, but all of which together shall constitute one and the same 11 document. 12 L. Time is of the Essence. Time is of the essence of this Agreement and all 13 documents, agreements, and contracts pursuant hereto as well as all covenants contained in this 14 Agreement shall be performed in a timely manner by all parties hereto. 15 M. Exculpation. It is agreed that the CITY is not liable or responsible for any 16 restrictions on the CITY'S obligations under this Agreement that may be required or imposed by 17 any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY, 18 the OWNER, including, but not limited to, county, state or federal regulatory bodies. 19 XXIV. SUCCESSORS AND ASSIGNS. 20 A. This Agreement shall inure to the benefit of and be binding upon the OWNERS, 21 OWNER and their successors in title and interest, and upon the CITY, and any successor -24- QBCHI\397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 municipalities of the CITY. It is specifically agreed that OWNER shall have the right to sell, 2 transfer, lease, and assign all or any part of the Property to other persons, firms, partnerships, 3 corporations, or other entities for building or development purposes (as well as for occupancy) 4 and that such persons, firms, partnerships, corporations, or other entities shall be entitled to the 5 same rights and have the same obligations as OWNER has under this Agreement. 6 B. It is understood and agreed that this Agreement shall run with the land and as 7 such, shall be assignable to and binding upon each and every subsequent grantee and successor 8 in interest of the OWNER and the CITY. 9 C. The foregoing to the contrary notwithstanding, the obligations and duties of 10 OWNER hereunder shall not be deemed transferred to or assumed by, any purchaser of a empty 11 lot or a lot improved with a dwelling unit who acquires the same for purchaser's residential 12 occupation,unless otherwise expressly agreed in writing by such purchaser. 13 D. It is specifically agreed that OWNER shall have the right to sell, transfer, lease, 14 and assign all or any part of the Property to other persons, firms, partnerships, corporations, or 15 other entities for building or development purposes (as well as for occupancy) and that such 16 persons, firms, partnerships, corporations, or other entities shall be entitled to the same rights and 17 have the same obligations as OWNER has under this Agreement. 18 XXV. USE OF PROPERTY FOR FARMING/ZONING. 19 Any portion of the PROPERTY, which is not conveyed or under development as 20 provided herein, may be used for farming purposes, regardless of the underlying zoning. 21 22 -25- QBCH11397604.3 DRAFT-FOR DISCUSSION PURPOSES 1 IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the 2 day and year first above written. CITY: RECORD OWNER: THE UNITED CITY OF YORKVILLE ASPEN RIDGE ESTATES LLC By: By: Mayor Its: Attest: City Clerk 3 -26- QBCHI\397604.3 SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS Se E.01 0010 6 Y090-756.11118X: 90-5 PN:e30-553-7600 FAX:638-655-Ith. .mr.aml•1161410013 0009 e4.cem 001107 saeN.708el1.111 .YelIBt19Y .HUHILEY .YORRY1118 ILLINOIS PROFESSIONAL DESIGN FRIM# 104-000108 COMP.FILE: 040908-Pre- PLOT FILE:STANDARD NEW.040908Pe-02 i •r / #%%" w.54222•2e012 / s... Alf 0 '-' ' S1/1, it \ ¢letel.W.i*••% "ppan�eeae - .i i • .. 1 1 r...21....., -2 f M�wIIs neM Nfm Read Ys-n.l Y. /4 "-�/ M eaa!��~ 1 ' II : \ e7mB..a w .� i' i; in E 276 ....-, SSS',.....,- I, ::�:. . \ : . ,,oma,/ 1 :1> S%'ry./'' / 10. 107 106 ,os 1,1 104 +°2 101 i �� 100 •• :ii .! :' ../..���" _ j"- --�\ • Ire :. .; A \ \ �I ' \ ,� i'113 111 i 1\I\,\, sVIT /' ..... 17 " 110 ' . * \\111\ ........ .., _4., ...4--..... 4 EIds7-- I I -9',/' ,\ 109 1 ,1, , ,, 97 ,, 1\ \.) A\\Ill- " /, •V / `\ \ 120 119 1, 118 117 1,8 1 I `I\1\\ ,,,......„„1-'1......'- ` `I• 122 121 II r 721 ,1 \ --04,,, ,..7"..."' 5 IS 1 111111111 .........' ��------ i \ _------- ... I III ,27 `\\ i. 1\\1\, 1 1 • /' - - IN +25 ,ZB II 178 \\• is \1\`\ iB - 16 \ ' /, /_ 1 , 123 II :;: 1 Aill 7 \ \,._..//'' ' 1 I 1 II 128 � 1 •'•$•. 11�\,``�‘ B • ` / zts mfi 2O I 1 `'' 11 130 ` \ 1 .,\' `\,\,1 \ 211 I II \I 1 11\1\ `, 1 / 213 131 \ >R 21 14 7 ' I i I 139 138 ' I ,3B \ 1 et \\\ _____) I1 9 212 1 I. 140. iI + 1 1 \11 n BRI • 1 1 US f /fIlli 152 15, I 1 135 \ .31132..3 211 B011 15 I i '. n _ , 23 •1 `I 12 1 210 ..•� ;i 1 /1220422 1 \ N.r ..... _� I 155 �_ .. ..------.:-• „! --� --J -� 11 11 1 .0' 142 ' 14 \ 1 ��- --_�- tpGl®16 \1 1. �- 1 f ' ( çi 191 ® 1 —��-1 , .-- - _ --60lig 158 149 2Z8 ,iR 1 173 ,\\ 1 1 2(11 1 206 1 g} IM 172 j I 157 1 I 3 140 145 19* I 1 I 1 BB ':1, I SO. 1 1 110 1 I4B 147 , 174 1 W , \,\\.. I 1 200111111 ; 207 �' 171 I 1 87 \ •;.y_ 1111 27 1 ' 1 \ ` __ -_-�__--- - 170 17s / // •`'. 11 1\\\- • 1 1 1 199SS 1 759 4000 \ _� - 789 170 / 7 `+ I x,9 \\, 26 I f 1 1 208 1 1 193 180 - 164 165 1. 107 ,� 1n / / f 11\1\1 29 1 1 199 \\ tea \ 1 1 181 182 178 /A11. 7. , \ ` 1 182 179 /, 7* ® 1\,\�\\\NO \ ,97 ,98 185 \, 182 181 080 /'/' ` Iu, 1 `` /\/1 181 184 163 78 ` )‘. 1\I\`\\_ / \ ` 185 __�' , {{ .. _ \ 190 089 180 ' ' /if 11\\ 31 -- ////�\\ 167 __ 1'�,., it \1\ --_'./ `\ 180 -- _- �_-''� n �`... 11 \I\\ - 48 ` ; - - -- -� - _�- , X75 62 .;, : 1 48 • ____IT ___ __ 1 50 / 1 1 - • 1 I 1 45 I 69 1 73 78 \ , 5' it 34 166 1 62 1 I 'ill n :.. 7A 81 1 go I ED••:. 41 ro I 1 �. '�y' © I \� 1 1.. 7 Bs I I 72 �' \ 1 220 II 1fii 62 1 1 1 v1 M 56 37 1 65 1 4i 222 I 1 40 39 I eweaes neevinaro PRELIMINARY PLAN ASPEN RIDGE ESTATES YORKVILLa ILLINOIS REVIS CNS OWN BY: INT: DATE: PROJECT NO. r. 0.3/07/05 JOB 01-24-05 OECS-040905 2. DSN BY: INT: HORIZ SCALE: SHEET NO. J. J0B NTS 4. CHK BY: INT: VERT SCALE: 2 OF 3 5 PJH N/A e # .`,��D c®T® United City of Yorkville Memo -4 800 Game Farm Road EST.1 ° 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 0 11, - Cl) o Fax: 630-553-7575 1.4. Kendall Go y `� ®LCE Date: April 15, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant Agenda Item EDC #3: Lincoln Prairie Yorkville Annexation Agreement was not available at the time packets were produced. This item will be available Monday, April 18, 2005 and distributed in a supplemental packet. Any questions, please contact: City Administrator Tony Graff 1 .)(° { • —) ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning LINCOLN PRARIIE YORKVILLE WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit"A" (hereinafter "OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County, Illinois (hereinafter"CITY")to annex the said real property into the CITY; and its Plan Commission has heretofore approved the proposed land uses and the zoning of the same; the Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last revised 5/23/2005, Exhibit"H"; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit "A" will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit "A"will be developed within the CITY in an orderly manner; and WHEREAS,the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of and the development of all the Subject Property and have had public meeting with the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois, in such case made and provided. NOW THEREFORE, 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 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: A. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" as designated in the attached Annexation Plat incorporated herein as Exhibit"B"and the CITY in said Ordinance shall zone the real property described on Exhibit"A", subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses, and as illustrated on the Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 4/**/2005, Exhibit"G"; Parcel 6 on Exhibit H may be used as a Public Works Facility. Page 1 of 12 Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit"D", M-2, General Manufacturing District, and said real property shall be used as developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. B. The CITY shall adopt an Ordinance providing with respect to the zoning for any portion of the real property described on Exhibit "C"which is the 51.389 acres of the subject property at the south east corner of the intersection of Eldemain and Corneils Road, Parcel 5 on Exhibit"H", that is not used as M-2 General Manufacturing District within five (5) years of the date of Annexation, that up to 45 acres of that portion of the real property described on said Exhibit"C" shall upon application by OWNERS/DEVELOPERS,revert to R-3 General Residential District and the balance shall revert to B-2 General Business District. C. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit"F", R-3 Single Family Residential District, and said real property shall be used and developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. 2. The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A"to the CITY and developing the real property described in the attached Exhibit "G" and CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit"E". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The internal roadway on the Subject Property shall be designed and constructed by OWNERS/DEVELOPER to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, Page 2 of 12 including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road adjacent to Parcel 5 to Kendall County standards; OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and Beecher Road to CITY standards at such time as is necessary for the concurrent use of the Perimeter Roads for development in the Property. It is contemplated that the 1423 feet of West Beecher adjacent to the Property will be maintained as a tar and chip road to direct truck traffic from the Property to Eldamain Road. So long as West Beecher is maintained as a tar and chip road, OWNER/DEVELOPER will pay/reimburse the CITY for one half of the maintenance cost for West Beecher Road. If OWNER/DEVELOPER develops Perimeter Roads or other off site improvement,the CITY will enter a recapture agreement or agreements with OWNER/DEVELOPER to recapture from adjacent owners one half of the costs of perimeter roads expended by OWNER/DEVELOPER or the reasonable sharing of other off site improvement. The improvement costs shall include engineering and construction costs. The CITY shall adopt the recapture ordinance within ninety(90) days following notice from OWNER/DEVELOPER that the facilities are complete, and upon the certification of actual costs by OWNER/DEVELOPER's engineer and approval by the City Engineer. The recapture ordinance shall provide that OWNER/DEVELOPER to be paid a reasonable amount of interest on the amount expended in completing the improvements, which interest shall be calculated from and after the date of completion and acceptance of the improvement and for payment of all recapture sums due at the time of annexation and use by any benefited property owner. B. This Agreement between the CITY and OWNERS/DEVELOPERS specifically grants authority by OWNERS/DEVELOPERS: Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including,but not limited to telephone, electric and gas through said area. ii. Consent to the rebate of 50% of sales tax revenue to OWNERS/DEVELOPERS of this development and Annexation Page 3of12 Agreement with the CITY, as to sales tax revenues generated on the areas zoned M-2 General Manufacturing District or B-2 Neighborhood Commercial in this Agreement, in order for OWNERS/DEVELOPERS to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property, including perimeter roads and offsite improvements required for the development described in Exhibit"G". 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits "B" and "G" can be done in phases or units. B. If at the time of development, the existing CITY dedications, easements and right-of-way are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary, to acquire such easements and right-of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the Subject Property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for storm water detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. D. OWNERS/DEVELOPERS shall require in any lease or contract of sale and license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other special use shall be invoiced from the Subject Property and that all sales tax be reported as received at the Subject Property. Page 4 of 12 E. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the Subject Property,the bulk regulations, including, but not limited to setback, yard, height, FAR and frontage requirement, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except tot he extent BOCA Building Codes, Fire Codes, and like ordinances which are non- monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, the OWNERS/DEVELOPERS shall comply in all respect with the conditions and requirements of all ordinance of the CITY applicable against property similarly situated and zoned within the CITY as such ordinance may exist from time to time subsequent to Annexation to the CITY, provided, however, notwithstanding any other provision of this a, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the Subject Property being annexed herein. F. It is understood and agreed that all subsequent amendments of this a, plats of subdivision, or any development of the Subject Property may be obtained for all or any portion of the Subject Property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the Subject Property not included in the afore described actions. G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the Subject Property is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as maybe charged on a non-discriminatory basis to all residents of the CITY. iii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of Page 5ofl2 execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. H. The parties hereto agree that the Subject Property may continue to be used for existing agricultural uses, until the Subject Property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. All hunting done on the agricultural portion of the property shall be in conformity with State statutes. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters or credit are delivered to the CITY, the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots, and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads) to the lots for emergency vehicles; and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each recorded Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the Subject Property for the development of the Subject Property. iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part Page 6 of 12 of the Subject Property and the improvements thereon to other persons, trusts,partnerships, firms, or corporation 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 the OWNERS/DEVELOPERS have 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 OWNERS/DEVELOPERS on any subdivided or improved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. v. 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 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. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure 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 Statues of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised therefrom and the remainder of the Agreement shall not be affected thereby. 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit "A" when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their Page 7of12 successors and owners of record of land which is the subject of this Agreement assignees, 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. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this a are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A" of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of this Agreement shall be in writing and shall be deemed effectively given on the date of personal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U.S. Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to the CITY: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 jwyeth(cr�yorkville.it.us If to Owner: Donald J. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway Page 8 of 12 P.O. Box 273 North Aurora, IL 60542-0273 (630) 264-7893 Fax: (630) 264-1310 dugganjpd@aol.com 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 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 changes in Illinois Compiled Statutes or Court decisions, said enforceable portion of this Agreement shall be excised therefrom 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 Parties have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois Municipal Corporation By: Arthur Prochaska, Jr., Mayor Attest: City Clerk OWNERS/DEVELOPERS Donald J. Hamman, Carol S. Hamman and Five H, LLC Page 9 of 12 Donald J. Hamman Carol S. Hamman Five H, LLC By: Donald J. Hamman, its Manager Page 10 of 12 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY,that Donald J. Hamman, individually and as manager of Five H, LLC, and Carol S. Hamman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public Page 11 of 12 EXHIBIT LIST Exhibit "A" Legal Description of the entire parcel,the Subject Property Exhibit"B" Plat of Annexation Exhibit"C" Legal Description of Parcel 5 Exhibit"D" M-2 General Manufacturing District Ordinance Exhibit"E" Plat of Dedication Exhibit"F" R-3 Single Family Residential District Ordinance Exhibit"G" Zoning Exhibit Exhibit"H" Plat of Survey prepared by Atwell—Hicks, Inc. dated May 23, 2003 last revised 5/23/2003 Page 12 of 12 T ANNEXATION AGREEMENT FOR PROPERTY COMMONLY KNOWN AS 9211 WEST ROUTE 126 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF 2005, BY AND BETWEEN THE UNITED CITY OF YORKVILLE, AN ILLINOIS MUNICIPAL CORPORATION (HEREINAFTER REFERRED TO AS "CITY") , LANDSCAPE DEPOT OF YORKVILLE LLC AND ARTHUR MEINZER (HEREINAFTER REFERRED TO AS "OWNER" ) : WITNESSETH WHEREAS, THE OWNER IS THE RECORD OWNER OF THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN (HEREINAFTER REFERRED TO AS THE "SUBJECT PROPERTY" ) ; WHEREAS, THE DEVELOPER PROPOSES TO DEVELOP THE SUBJECT PROPERTY FOR THE SALE OF LANDSCAPE AND NURSERY PRODUCTS AS WELL AS LANDSCAPE DESIGN SERVICES; WHEREAS, THE SUBJECT PROPERTY IS ADJACENT TO AND CONTIGUOUS TO THE EXISTING CORPORATE BOUNDARY OF THE CITY BUT IS NOT SITUATED WITHIN THE LIMITS OF ANY MUNICIPALITY; WHEREAS, OWNER DESIRES TO HAVE THE SUBJECT PROPERTY ANNEXED TO THE CITY AND DESIRES TO HAVE THE SUBJECT PROPERTY ZONED AND DEVELOPED FOR THE SALE OF LANDSCAPE AND NURSERY PRODUCTS AS WELL AS LANDSCAPE DESIGN SERVICES; WHEREAS, THE SUBJECT PROPERTY IS APPROXIMATELY 5 . 0 ACRES, AND NO ELECTORS RESIDE THEREON; WHEREAS, PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 7-1-8 OF THE ILLINOIS MUNICIPAL CODE A PETITION FOR ANNEXATION EXECUTED BY THE OWNER AND ALL ELECTORS, IF ANY, RESIDING ON THE SUBJECT PROPERTY REQUESTING THE ANNEXATION OF THE SUBJECT PROPERTY HAS BEEN FILED WITH THE CITY CLERK OF THE UNITED CITY OF YORKVILLE; WHEREAS, PROPER APPLICATIONS HAVE BEEN FILED WITH THE CITY FOR THE ANNEXATION AND REZONING FOR THE SUBJECT PROPERTY; WHEREAS, THE CITY, AND THE OWNER DESIRE TO ENTER INTO THIS AGREEMENT PURSUANT TO THE PROVISIONS OF DIVISION 15. 1 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE TO REGULATE THE ANNEXATION, ZONING AND DEVELOPMENT OF THE SUBJECT PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT; WHEREAS, A PUBLIC HEARING WAS HELD ON FEBRUARY 9, 2005, BEFORE THE PLAN COMMISSION OF THE UNITED CITY OF YORKVILLE TO CONSIDER APPROVAL OF APPLICATION FOR REZONING FROM R-1 TO B-3; WHEREAS, A PUBLIC HEARING ON THIS ANNEXATION AGREEMENT ( "AGREEMENT") HAS BEEN HELD BY THE CORPORATE AUTHORITIES OF THE CITY ON MARCH 22, 2005; WHEREAS, ALL NOTICES, PUBLICATIONS, PROCEDURES, PUBLIC HEARINGS AND OTHER MATTERS ATTENDED TO THE CONSIDERATION AND APPROVAL AND EXECUTION OF THIS AGREEMENT HAVE BEEN GIVEN, MADE, HELD AND PERFORMED AS REQUIRED BY SECTION 7-1-8 AND DIVISION 15 . 1 OF ARTICLE 11 AND ALL OTHER APPLICABLE STATUTES AND AS REQUIRED BY TITLE 10, CHAPTER 14, SECTION 8 OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE AND ALL OTHER APPLICABLE ORDINANCES, REGULATIONS AND 2 PROCEDURES OF THE CITY; WHEREAS, THE CITY ACKNOWLEDGES THAT THE AGREEMENT OF THE OWNER TO ANNEX THE PROPERTY TO THE CITY WILL EXTEND THE CORPORATE LIMITS AND JURISDICTION OF THE CITY, WILL PERMIT ORDERLY GROWTH, PLANNING AND DEVELOPMENT OF THE CITY, WILL INCREASE THE TAX BASE OF THE CITY, WILL PROMOTE AND ENHANCE THE GENERAL WELFARE OF THE CITY AND THAT THE REZONING FROM R-1 TO B-3 FOR THE SUBJECT PROPERTY AS PROPOSED BY THE OWNER WILL BE COMPATIBLE WITH THE ADJACENT LAND USES AND THE PLANNING AND ZONING OBJECTIVES OF THE CITY; AND WHEREAS, THE MAYOR AND CITY COUNCIL OF THE CITY HAVE, BY A VOTE OF TWO-THIRDS OF THE CORPORATE AUTHORITIES CURRENTLY HOLDING OFFICE DIRECTED THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS AGREEMENT ON BEHALF OF THE CITY. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL COVENANTS CONTAINED HEREIN, THE AND THE OWNER HEREBY AGREE AS FOLLOWS: 1. RECITALS: THE CITY AND THE OWNER AGREE THAT THE FOREGOING RECITALS ARE INCORPORATED HEREIN AS IF FULLY SET FORTH. 2 . ANNEXATION: UPON EXECUTION OF THIS AGREEMENT, THE CITY WILL ENACT AN ORDINANCE ANNEXING THE SUBJECT PROPERTY TO THE CITY. AFTER THE SUBJECT PROPERTY IS ANNEXED TO THE CITY, THE OWNER SHALL NOT PURSUE DISCONNECTION OF THE SUBJECT PROPERTY FROM THE CITY. 3 . ZONING: AT THE NEXT REGULAR MEETING SUBSEQUENT TO ANNEXATION OF THE SUBJECT PROPERTY, THE CITY SHALL ADOPT AN ORDINANCE REZONING THE SUBJECT PROPERTY FROM R-1 TO B-3 . 3 4 . PLAN OF DEVELOPMENT: THE CITY AND OWNER RECOGNIZE THAT THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) HAS PROPOSED, AND IS PLANNING FOR, THE REALIGNMENT OF THE INTERSECTION OF ILLINOIS STATE HIGHWAYS 126 AND 71 (ROUTE 126 REALIGNMENT) WHICH AFFECTS THE ABILITY OF THE OWNER TO BEGIN DEVELOPMENT AND CONSTRUCTION OF THE BUILDINGS, STRUCTURES, PARKING AREAS, UTILITIES, SIGNAGE, LANDSCAPING AND IMPROVEMENTS (COLLECTIVELY, "DEVELOPMENT IMPROVEMENTS") ON THE SUBJECT PROPERTY IMMEDIATELY AFTER THE ANNEXATION AND REZONING IS APPROVED BY THE CITY. IT IS ANTICIPATED THAT IF IDOT PROCEEDS WITH CONSTRUCTION OF THE ROUTE 126 REALIGNMENT, IT WILL NOT BE COMPLETED FOR AT LEAST ONE (1) TO THREE (3) YEARS AFTER THIS AGREEMENT IS IN EFFECT. A. UNTIL THE ROUTE 126 REALIGNMENT IS COMPLETED, THE CITY SHALL ALLOW THE OWNER TO DEVELOP THE SUBJECT PROPERTY WITH TEMPORARY DEVELOPMENT IMPROVEMENTS PURSUANT TO A DEVELOPMENT PLAN SUBMITTED TO, AND APPROVED BY, THE CITY. B. WITHIN SIX (6) MONTHS OF THE EARLIER TO OCCUR OF THE FOLLOWING EVENTS, OWNER SHALL SUBMIT PLANS TO THE CITY FOR APPROVAL OF PERMANENT DEVELOPMENT IMPROVEMENTS : 1 . COMPLETION BY IDOT OF THE ROUTE 126 REALIGNMENT; 2. COMPLETION BY IDOT OF A REVISED REALIGNMENT PLAN FOR ILLINOIS STATE HIGHWAY 126 AND 71; 4 3 . ABANDONMENT OF THE ROUTE 126 REALIGNMENT BY IDOT PURSUANT TO PUBLIC STATEMENT ISSUED BY IDOT. C. DESIGN CRITERIA: ALL DEVELOPMENT IMPROVEMENTS OF ANY KIND UPON THE SUBJECT PROPERTY SHALL BE ERECTED, INSTALLED, CONSTRUCTED AND MAINTAINED BY THE OWNER IN ACCORDANCE WITH PLANS SUBMITTED TO AND APPROVED BY THE CITY. 5 . UTILITIES; EXISTING WELL AND SEPTIC: THE CITY PROVIDES THE WATER SYSTEM FOR THE SUBJECT PROPERTY AND THE SANITARY SEWER SYSTEM FOR THE SUBJECT PROPERTY IS SERVED BY THE YORKVILLE BRISTOL SANITARY DISTRICT. THE OWNER AGREES TO ERECT, CONSTRUCT AND INSTALL A WATER AND SANITARY SEWER SYSTEM IN ACCORDANCE WITH THE REQUIREMENTS OF AND AGREEMENT OF THE CITY AND THE YORKVILLE BRISTOL SANITARY DISTRICT, AS APPLICABLE, SUBJECT TO THE CONDITIONS BELOW. A. IN RECOGNITION OF THE NATURE OF OWNER' S BUSINESS THAT WILL INCLUDE THE SALE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK, THE OWNER SHALL BE ALLOWED TO DEVELOP AND CONTINUE USE OF WELL AND SEPTIC FACILITIES ON THE SUBJECT PROPERTY, INCLUDING, BUT NOT LIMITED TO, ALL NECESSARY WORK, DESIGN AND CONSTRUCTION ON OR UPON THESE FACILTIES TO MODERNIZE, MODIFY AND ADAPT THE SYSTEMS TO BE FUNCTIONAL FOR OWNER' S PURPOSES, WHICH PURPOSES INCLUDE POTABLE WATER SUPPLY AND SUPPLY OF WATER 5 FOR WATERING AND MAINTENANCE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK. B. OWNER CURRENTLY INTENDS TO INSTALL A POND AND WATER DISPLAY ON THE SUBJECT PROPERTY AS PART OF A CUSTOMER DISPLAY OF LANDSCAPING PLANS AND PRODUCTS PROVIDED BY OWNER' S BUSINESS. THE POND MAY ALSO BE INCLUDED IN IDOT' S ROUTE 126 REALIGNMENT PLANS AND SUBJECT TO AN AGREEMENT BETWEEN IDOT AND THE OWNER. THE POND MAY ALSO BE NECESSARY FOR STORMWATER MANAGEMENT PURPOSES . THE CITY AGREES TO ALLOW OWNER, TO THE EXTENT FEASIBLE, TO PLAN, DEVELOP AND USE THE POND AS PART OF THE WATER SUPPLY FOR THE WATERING AND MAINTENANCE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK, BUT NOT THE POTABLE WATER USE, ON THE SUBJECT PROPERTY. C. OWNER SHALL BE ALLOWED TO USE THE WELL AS A SOURCE OF POTABLE WATER FOR THE SUBJECT PROPERTY AS LONG AS THE WELL REMAINS IN COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND ORDINANCES. D. AT SUCH TIME AS THE OWNER CHANGES THE USE OF THE PROPERTY FROM THE LANDSCAPE DEPOT, INCLUDING THE SALE OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK, OWNER SHALL BE OBLIGATED TO COMPLY WITH THE THEN APPLICABLE LAWS, ORDINANCES AND REGULATIONS REGARDING THE USE OF WELL AND SEPTIC FACILITIES ON 6 THE PROPERTY. E. THE CITY AGREES THAT OWNER' S USE OF WATER FROM ITS WELL AND POND TO SUPPLY THE WATERING OF ON-SITE INVENTORY OF TREES, PLANTS, SHRUBBERY AND OTHER NURSERY STOCK SHALL BE EXEMPT FROM THE CITY' S WATER CONSERVATION REGULATIONS FOUND IN TITLE 7, CHAPTER 5, SECTION 7-5-15 . 6. STORMWATER MANAGEMENT FACILITIES: OWNER INTENDS TO PLAN AND CONSTRUCT A DETENTION POND IN THE NORTHWEST CORNER OF THE PROPERTY. THIS DETENTION POND MAY BE SUBJECT TO STANDARDS AND REGULATIONS SET FORTH BY IDOT AS THE RESULT OF THE ROUTE 126 REALIGNMENT. OWNER AGREES TO CONSTRUCT, INSTALL AND MAINTAIN ITS DETENTION POND AND STORMWATER MANAGEMENT FACILITIES IN ACCORDANCE WITH, AND APPROVAL OF, IDOT, AS APPLICABLE, THE CITY AND SUCH OTHER GOVERNMENTAL AGENCIES AS MAY HAVE JURISDICTION. THE OWNER SHALL, TO THE EXTENT NECESSARY, DEDICATE TO IDOT, THE CITY, OR SUCH OTHER GOVERNMENTAL AGENCIES AS MAY HAVE JURISDICTION, ALL EASEMENTS REQUIRED FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE OF THE DETENTION POND AND STORMWATER MANAGEMENT FACILITIES. 7 . REIMBURSEMENT OF FEES: THE OWNER SHALL BE LIABLE TO REIMBURSE THE CITY FOR ALL PROFESSIONAL SERVICE FEES AND OTHER COSTS CONTEMPLATED IN SECTION OF THE CITY CODE WHICH HAVE BEEN INCURRED AS A RESULT OF THE PETITIONS OR OTHER CONSIDERATION OF THE DEVELOPMENT OR THE SUBJECT PROPERTY. IN ANY EVENT, THE 7 A° OBLIGATION OF THE OWNER PURSUANT TO THIS SECTION IS LIMITED TO 8 . SIGNAGE: THE OWNER AGREE TO FORBEAR FROM ERECTING OR CONSTRUCTING OR ALLOWING ANOTHER TO CONSTRUCT ANY SIGN OF ANY KIND OR NATURE AT ANY LOCATION ON THE SUBJECT PROPERTY EXCEPT THOSE SIGNS WHICH COMPLY WITH THE CITY CODE OR THOSE WHICH HAVE BEEN APPROVED PURSUANT TO VARIATION PROCEDURES OF THE CITY CODE. 9. REMEDIES : UPON A BREACH OF THIS AGREEMENT, ANY OF THE PARTIES, IN ANY COURT OF COMPETENT JURISDICTION, BY AN ACTION OR PROCEEDING IN EQUITY, MAY SECURE RESCISSION, A DECLARATORY JUDGMENT OR THE SPECIFIC PERFORMANCE OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED. THESE SHALL BE THE SOLE REMEDIES AVAILABLE TO THE PARTIES. MONETARY DAMAGE REMEDIES ARE HEREBY EXPRESSLY EXCLUDED. BEFORE ANY FAILURE OF ANY PARTY TO THIS AGREEMENT TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT SHALL BE DEEMED TO BE A BREACH OF THIS AGREEMENT, THE PARTY CLAIMING SUCH FAILURE SHALL NOTIFY, IN WRITING, THE PARTY ALLEGED TO HAVE FAILED TO PERFORM THE ALLEGED FAILURE AND SHALL DEMAND PERFORMANCE. NO BREACH OF THIS AGREEMENT MAY BE FOUND TO HAVE OCCURRED IF PERFORMANCE HAS COMMENCED TO THE SATISFACTION OF THE COMPLAINING PARTY WITHIN THIRTY (30) DAYS OF RECEIPT OF SUCH NOTICE AND IS BEING CONTINUOUSLY AND DILIGENTLY PURSUED. 10. ADDRESS FOR NOTICES: ALL NOTICES AND OTHER COMMUNICATIONS IN CONNECTION WITH THE AGREEMENT SHALL BE IN WRITING, AND ANY NOTICE, COMMUNICATION OR PAYMENT HEREUNDER SHALL 8 BE DEEMED DELIVERED TO THE ADDRESSES THEREOF TWO (2) DAYS AFTER DEPOSIT IN ANY MAIN OR BRANCH UNITED STATES POST OFFICE, CERTIFIED OR REGISTERED MAIL, POSTAGE PREPAID, OR ONE (1) DAY AFTER DEPOSIT THEREOF WITH ANY NATIONALLY KNOWN AND REPUTABLE OVERNIGHT COURIER SERVICE, DELIVERY CHARGES PREPAID, OR ON THE DATE OF DELIVERY, IF PERSONALLY DELIVERED, IN ANY CASE, ADDRESSED TO THE PARTIES RESPECTIVELY AS FOLLOWS: IF TO OWNER: LANDSCAPE DEPOT OF YORKVILLE LLC ATTENTION: ARTHUR MEIZNER 21 W 450 NORTH AVENUE LOMBARD, IL 60148 WITH COPY TO: NEIL T. GOLTERMANN MOMKUS MCCLUSKEY MONROE MARSH & SPYRATOS 3051 OAK GROVE DR. , SUITE 220 DOWNERS GROVE, IL 60515 IF TO CITY: UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 ATTN: CITY CLERK BY NOTICE COMPLYING WITH THE REQUIREMENT OF THIS PARAGRAPH, EACH PARTY SHALL HAVE THE RIGHT TO CHANGE THE ADDRESS OR ADDRESSES FOR ALL FURTHER NOTICES, OTHER COMMUNICATIONS AND PAYMENT TO SUCH PARTY; PROVIDED, HOWEVER, THAT NOTICE OF A CHANGE OF ADDRESS, ADDRESSEE OR BOTH SHALL NOT BE EFFECTIVE UNTIL ACTUALLY RECEIVED. 11. AMENDMENT: THE PARTIES AGREE THAT THIS AGREEMENT AND ANY EXHIBITS ATTACHED HERETO MAY BE AMENDED ONLY BY THE MUTUAL CONSENT OF THE PARTIES, AND BY ADOPTION OF AN ORDINANCE OR RESOLUTION BY THE CITY APPROVING SAID AMENDMENT AS PROVIDED BY LAW, AND THE EXECUTION OF SAID AMENDMENT BY THE PARTIES OR THEIR SUCCESSORS IN INTEREST. 9 12 . SEVERABILITY: IF ANY PROVISION, COVENANT OR PORTION OF THIS AGREEMENT OR ITS APPLICATION TO ANY PERSON, ENTITY OR PROPERTY IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE APPLICATION OR VALIDITY OF ANY OTHER PROVISIONS, COVENANTS OR PORTIONS OF THIS AGREEMENT, AND TO THAT END, ALL PROVISIONS, COVENANTS AND PORTIONS OF THIS AGREEMENT ARE DECLARED TO BE SEVERABLE. 13. NO WAIVER OF RIGHT TO ENFORCE AGREEMENT: FAILURE OF ANY PARTY TO THIS AGREEMENT TO INSIST UPON THE STRICT AND PROMPT PERFORMANCE OF THE TERMS, COVENANTS, AGREEMENTS AND CONDITIONS HEREIN CONTAINED, OR ANY OF THEM, UPON ANY OTHER PARTY IMPOSED, SHALL NOT CONSTITUTE OR BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF ANY PARTY' S RIGHT THEREAFTER TO ENFORCE ANY SUCH TERM, COVENANT, AGREEMENT OR CONDITION, BUT THE SAME SHALL CONTINUE IN FULL FORCE AND EFFECT. 14 . ENTIRE AGREEMENT: THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, NEGOTIATIONS AND EXHIBITS AND IS A FULL INTEGRATION OF THE ENTIRE AGREEMENT OF THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. 15 . SURVIVAL: THE PROVISIONS CONTAINED IN THIS AGREEMENT SHALL SURVIVE THE ANNEXATION OF THE PROPERTY AND SHALL NOT BE MERGED OR EXPUNGED BY THE ANNEXATION OF THE PROPERTY OR ANY PART THEREOF TO THE CITY. 16. SUCCESSORS AND ASSIGNS: THIS AGREEMENT SHALL RUN WITH THE LAND AND INURE TO THE BENEFIT OF, AND BE BINDING UPON, THE 10 SUCCESSORS IN TITLE OF THE OWNER AND THEIR RESPECTIVE SUCCESSORS, GRANTEES, LESSEES, AND ASSIGNS, AND UPON SUCCESSOR CORPORATE AUTHORITIES OF THE CITY AND SUCCESSOR MUNICIPALITIES. 17 . TERM OF AGREEMENT: THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FOR THE FULL STATUTORY TERM OF TWENTY (20) YEARS, COMMENCING AS OF THE DATE HEREOF, AND FOR SUCH FURTHER TERM AS MAY HEREINAFTER BE AUTHORIZED BY STATUTE OR BY ORDINANCE OF THE CITY. A 18 . COUNTERPARTS: THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS EACH OF WHICH SHALL BE DEEMED AN ORIGINAL, BUT ALL OF WHICH SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE FIRST ABOVE WRITTEN. UNITED CITY OF YORKVILLE, An Illinois Municipal corporation ARTHUR PROSHASKA, JR. MAYOR ATTEST: JACKIE MILSCHEWSKI CITY Clerk OWNER: LANDSCAPE DEPOT OF YORKVILLE LLC BY: ARTHUR MEINZER, MANAGER SUBSCRIBED AND SWORN to before me this day of , 2005 . Notary Public SCHEDULE OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION W:\1_20\1881.040496\Docs\Annexation Agreement\dr2.doc EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPLE MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 157.0 FEET;THENCE SOUTH ALONG A LINE WHICH FORMS AN ANGLE OF 130° 28' 00"WITH THE LAST DECSRIBED COURSE MEASURED COUNTER- CLOCKWISE THEREFROM, 444.03 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 709.43 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST ALONG SAIND NORTH LINE 890.28 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN: 05-04-400-003 ADDRESS : 9211 WEST ROUTE 126, YORKVILLE, ILLINOIS 1I McDermott Will&Emery Chicago MEMORANDUM Date: April 14, 2005 Via E-Mail To: John Wyeth From: Fred I. Feinstein, P.C. Re: Bristol Bay Resolution Approving Annexation Agreement In addition to whatever other formalities are included in the Resolution approving the Annexation Agreement for Bristol Bay, I provide additional language which we discussed in our meeting on March 13, 2005. In order to facilitate the facts which will exist on the date the Annexation Agreement is actually signed, which I anticipate will be after its approval on April 26, 2005, and to minimize issues with the existing Owner, all of whom have filed appropriate Petitions to allow the annexation and rezoning to proceed, that the following language be included: "The Annexation Agreement as executed by the Owners and Developers shall be modified to conform to the actual ownership of each of the parcels on the date of the actual execution of the Annexation Agreement based upon evidence, reasonably satisfactory to the City Attorney, as to the ownership of each of the parcels as of that date." cc: Kris L.Anderson Kevin Stough Kim Lang CHI99 4457928-1.001319.0256 DRAFT = 4/ - -14/05 ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT By and Between JR YORKVILLE L.L.C.,an Illinois limited liability company(Owner of Parcel A), JOHN ROSENWINKEL and SUSAN ROSENWINKEL,individually and as Trustees of EMR Trust No. 100,dated December 10,2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of Trust No.2002,U/T/A dated September 19,2003 (Owner of Parcel B), CHICAGO TITLE LAND TRUST COMPANY,as Successor Trustee to FIFTH THIRD BANK,but solely as Trustee of Trust No.A2830 and SUSAN D. BERTRAM,individually and the holder of the Power of Direction in Chicago Title Land Trust Company,as Successor Trustee to Fifth Third Bank Trust No.A2830 (Owner of Parcel C), LAY-COM,INC.,an Illinois Corporation (Owner of Parcel D) And T&R,L.L.C.,an Illinois limited liability company(Owner of Parcel E) And CENTEX HOMES,a Nevada general partnership And UNITED CITY OF YORKVILLE HI99 4398143->-•+F-1---4-1+- 27_($)1319.0242 (4/14/051 TABLE OF CONTENTS Page 1. RECITALS 5 2. CONFLICT 5 3. LEGAL CONFORMANCE WITH LAW 6 4. ANNEXATION AND ZONING 6 5. DEVELOPMENT PLANS 7 6. PLATS OF SUBDIVISION 8 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS 11 8. WATER UTILITIES 11 9. SANITARY SEWER FACILITIES 12 10. WETLANDS AND STORMWATER MANAGEMENT 11. SECURITY INSTRUMENTS 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS 426 13. AMENDMENTS TO ORDINANCES 26 14. BUILDING CODE 2� 15. FEES AND CHARGES >29 16. CONTRIBUTIONS =r31 17. SCHOOL AND PARK DONATIONS =--- 18. PROJECT SIGNS '33 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE '34 20. CONTRACTORS TRAILERS --36 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY X37 22. OVERSIZING OF IMPROVEMENTS x+39 23. LIMITATIONS 339 CHI99 4398143` -.- 7.0013199242-57 4- (4/14/1) 24. RECAPTURE AGREEMENTS -39 25. ARCHITECTURE STANDARDS AND COVENANTS 'f41. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA) =>41 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS-- AND BANK QUALIFIED DEBT 43 28. ONSITE EASEMENTS AND IMPROVEMENTS -`}44 29. CITY'S MUNICIPAL SERVICES4> 30. DISCONNECTION : 46 31. SALE OF SUBJECT PROPERTY 4.44 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD --4- 33. 4^33. GENERAL PROVISIONS =48 CHI99 4398143- •1 .--' =-».7.001319.0242-52(4/14/05) ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT (Bristol Bay Subdivision) THIS ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTA I'ED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2005, by and between JR YORKVILLE L.L.C., an Illinois limited liability company (Owner of Parcel A), JOHN ROSENWINKEL and SUSAN ROSENWINKEL, individually and as Trustees of EMR Trust No. 100, dated December 10, 2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of Trust No. 2002, U/T/A dated September 19, 2003 (Owner of Parcel B), CHICAGO TITLE LAND TRUST COMPANY, as Successor Trustee to FIFTH THIRD BANK, but solely as Trustee of Trust No. A2830 and SUSAN D. BERTRAM, individually and the holder of the Power of Direction in Chicago Title Land Trust Company, as Successor Trustee to Fifth Third Bank Trust No. A2830 (Owner of Parcel C), LAY-COM, INC., an Illinois Corporation (Owner of Parcel D) and T&R, L.L.C., an Illinois limited liability company (Owner of Parcel E) (hereinafter collectively referred to as "OWNERS") and CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "DEVELOPER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". CHI99 4398143-.-,-:_- ---- ^.001319.0242-57 -1- W14/05l RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" to the CITY and to amend and restate existing agreements relating to portions of the SUBJECT PROPERTY previously annexed to the CITY as identified on Exhibit "A" for the purposes of developing a residential planned unit development ("PUD") known as the Bristol Bay Subdivision together with commercial use parcels. C. OWNERS and DEVELOPER desire to proceed with the development of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a residential PUD under the R-2, R-2D, R-3 and R-4 Residential District provisions and the A-1 and B-3 Business District provisions of the CITY Zoning Ordinance ("Zoning Ordinance") as depicted on the zoning plat attached hereto and incorporated herein as Exhibit "B", to be developed with single-family detached, townhome, two-family, and multi-family residences, maintain a 2.1 acre tract as A-1 zoning classification and a commercial area within the B-3 zoned property, all as depicted on the Preliminary 4%--4- --P4,-Plat attached hereto and incorporated herein as part of Exhibit"D". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted public hearings regarding the requested zoning and Preliminary .o1-- CHI994398143-'-. -001319.0242_57 -2- 0114/05) 4aliPlat on . The Corporate Authorities conducted a public hearing on this Agreement on F. The CITY, OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop a portion of the SUBJECT PROPERTY as a Planned Unit Development (PUD) for residential development establishing a unique character through the provision of a mix of residential, commercial, open space and regional stormwater management uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities, design standards and architectural controls, open spaces, a carefully integrated commercial use and maintaining a portion in its historical agricultural use and through the provision of orderly flow of traffic within the SUBJECT PROPERTY to and with adjoining real property. CHI99 4398143 _,-7.001119.0242-57 -3- (4/14/05) 3_(4114105) (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that development of the SUBJECT PROPERTY will impact the services of the United City of Yorkville and other governmental agencies. (iv) Those portions of SUBJECT PROPERTY not within the corporate boundaries of the CITY are contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the Corporate Authorities, 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. K. In accordance with the powers granted to the CITY by the provisions of the Illinois Compiled Statutes, 65 ILCS 5/11-15.1-1 through 5/15.1-5, inclusive, relating to annexation agreements, the Parties wish to enter into a binding agreement with respect to the CHI99 4398143 7.001319.0242,57 -4- (4/14105) annexation of the SUBJECT PROPERTY to the CITY and to provide for various other matters related directly or indirectly to the annexation of the SUBJECT PROPERTY as authorized by the provisions of said statutes. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the receipt and sufficiency of such consideration being hereby acknowledged by the Parties, the Parties hereby agree as follows: 1. RECITALS. The foregoing Recitals are incorporated herein and made a part of this Agreement. 2. CONFLICT. In the event of a conflict between the terms of this Agreement and any other annexation or similar agreement relating to any parcel previously annexed to the CITY, but which are not included as part of the SUBJECT PROPERTY, the terms of this Agreement shall control and prevail. As to those portions of any parcel previously annexed to the CITY which are not included as part of the SUBJECT PROPERTY for this Agreement, the terms of any preceding or existing agreement shall remain in full force and effect and unamended. As to any conflict between the terms of this Agreement and any CITY law, rules, ordinance, code, regulation, resolution or interpretation (whether judicial or administrative) of any such law, rule, ordinance, code or regulation including the Zoning Code and CITY Subdivision Ordinance (individually and collectively sometimes referred to herein as "Municipal Codes") copies of which are attached hereto as Exhibit "C", the terms of this Agreement and the terms of any such Municipal Codes in effect as of the date of this Agreement shall control and be effective as it relates to the SUBJECT PROPERTY. Any other term of this Agreement or Municipal Code, including the Zoning Ordinances, to the contrary CHI99 4398143 _,_- 7.001319.0242-57 -5- I4/14/05j 5_f4114/0j notwithstanding, the SUBJECT PROPERTY shall be considered for all purposes as one (1) parcel notwithstanding separate ownership of all or part of the SUBJECT PROPERTY. 3. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Municipal Code, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed petition pursuant to and in accordance with the provisions of 65 ILCS 5/7-1-8 of the Illinois Compiled Statutes to annex the SUBJECT PROPERTY to the CITY or to amend any existing annexation agreement. 4. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2, R- 2D, R-3, R-4, A-1 and B-3 District provisions of the CITY Zoning Ordinance with a Special Use for a Planned Unit Development of those portions of the SUBJECT PROPERTY zoned under the R-2, R-2D, R-3 and R-4 provisions of the City Zoning Ordinance consistent with the terms of this Agreement. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the Municipal Codes, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. It is understood and agreed between the Parties hereto that the SUBJECT PROPERTY and each phase and parcel may continue to be used and occupied (without any change or CH199 4398143 •+---_- -7A0015190242=5 -6- (4/14/05) alteration) for the current uses of the existing OWNERS and DEVELOPER of the SUBJECT PROPERTY and/or as are permitted in the zoning classifications set forth in this Paragraph 4. All current uses of the SUBJECT PROPERTY that are not permitted under the zoning classifications specified in this Paragraph 4 shall be considered legal,nonconforming uses. 5. DEVELOPMENT PLANS. Contemporaneously with the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance adopting and approving the following, all of which are on file with the CITY and hereby incorporated herein and made a part of this Agreement: A. Zoning Map prepared by and last revised ("Zoning Map"); B. Preliminary PUDand,-1 Plan, prepared by - — and last revised ("Preliminary Pt.-D--PlaftPlat"); t C. = Preliminary Engineering, prepared by and last revised ("Preliminary Engineering"); and I): -. Preliminary Landscape Plan, prepared by and last revised ("Preliminary Landscape Plan"), which includes the designation of tree preservation easements and standard. CHI99 4398143--' 1=7,001314.0242-57 -7- 0/14'05) The Zoning Map-1i-L41+ }7Id rt - � 4±n, Preliminary Plat, Preliminary Engineering and Preliminary Landscape Plan are sometimes collectively referred to as the "Development Plans". The Development Plans are attached hereto as Exhibit"D". 6. PLATS OF SUBDIVISION. A. The SUBJECT PROPERTY may be developed in one or more phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at any time during the term of this Agreement without any time limitation, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Development Plans and otherwise meet all the requirements of the CITY Municipal Codes, except as expressly and specifically modified by this Agreement. In addition, such phases shall be configured in such a manner that each such phase shall be served by all utilities and satisfy sound engineering and municipal land use practices. DEVELOPER shall provide at least one permanent point of access to a public road for each phase of development of the SUBJECT PROPERTY and a second it'1>pt -t,Ieninstrary point of access to a public road at those locations noted on the Preliminary Engineering until the neighboring property is developed at which time such =ltd e�f 'I emporaryroad shallf ,-be abandoned in accordance with CITY requirements. Any such Temporary road shall be constructed sufficient to service police, fire, ambulance and other emergency vehicles for access to that portion of the SUBJECT PROPERTY under development and may, at DEVELOPER's option, be a gravel road. To the extent roadway and utility improvements are developed or installed in phases, the CITY CHI99 4398143-= -: 7d1013 19.02,42 -8- L4/14/05) shall inspect and accept the same on a phase by phase basis provided that such improvements are sufficient to service the phase developed on a stand alone basis. Final Plats may be submitted by DEVELOPER from time to time during the term of this Agreement without regard to any ordinance or regulation imposing any limitation or time frame with respect to such submissions. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty (60) days of its receipt of such final plat, final engineering and all necessary supporting documentation and information by either (i) adopting such ordinances as may be required to approve such final plat and final engineering and to cause the CITY to process and execute any such final plat of subdivision or (ii) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or of this Agreement relied upon by the CITY in its request for corrections. Failure to issue such written denial in such time period shall constitute an approval of the final plat and final engineering and the CITY shall execute such final plat upon demand by DEVELOPER and DEVELOPER may proceed instanter with development of the SUBJECT PROPERTY as if such final plat and final engineering had been executed by the CITY. B. Excavation, grading work, filling and soil stockpiling, of all or any part of the relevant portion of the SUBJECT PROPERTY, may be undertaken by the DEVELOPER at DEVELOPER'S sole risk provided that all erosion and siltation control measures shown on the DEVELOPER submitted Erosion & Sediment CHI99 4398143---- - Z(N11311.I1242 -9- 4/1 4/05) 9_4114/05) Control Plans as reflected in the CITY's Soil Erosion and Settlement Control Ordinance (Ord. 2003-19), or as reasonably required by the CITY Engineer are in place in accordance with the Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, CITY ordinances and sound engineering practices. The CITY may request a bond be posted with the CITY in a reasonable amount to secure DEVELOPER's obligations under this Subparagraph B. DEVELOPER shall be required to take such actions as may be necessary to assure that such grading, filing and stockpiling ultimately complies with the approved Final Engineering for the SUBJECT PROPERTY. C. DEVELOPER may make minor changes to the Development Plans subject to the provisions of this paragraph 6C. All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: 1. A change in the use or character of the development. 2. An increase by more than five percent(5%) in the overall coverage of structures. 3. A relocation of any street, curb cut or intersection of more than 1twenty fi feet (-4-0125') in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. 4. A reduction of more than five percent (5%) in approved open space. CHI994398143- 1 fHt1319.02,4 _ -10- (41141Q5) In addition, any increase in the total number of dwelling units to be developed on the SUBJECT PROPERTY shall be subject to the following standards: 1. An increase of up to `(2%) inclusive in total, __'th7=may be approved by the CITY} without any public hearing..-, such approval not to be unreasonably conditioned,delayed or denied; 2. An increase from :;1,442.01%% to 4444% inclusive in total, be , ,.--=approved by the CITY ,,+ � � without any public hearing, such approval -�, .� , . ,,., s=i-. 1 4shall be within the sole discretion of the CITY; or 3. An increase in excess of .:w-i.44.01% in total or more shall be considered by the CITY in accordance with applicable CITY ordinances. The term "dwelling units", "residential units", "units" or any similar term used in this Agreement shall have the meaning set forth in the Municipal Code. 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations, as varied by this Agreement, substantially in accordance with the Development Plans. The CITY shall have the sole responsibility at no cost to the DEVELOPER for obtaining (i) any and all off-site easements for water distribution, storm sewers and/or sanitary sewer lines to implement the Development Plans, and (ii) sole responsibility for the construction of and the obtaining and applying of all funds for any and all off-site street improvements, watermains, storm detention lines and sanitary sewer lines as outlined in Exhibit"E". CHI99 4398143 X17-001319 0242-.1.7 -1 1- (4/14/05) 8. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. That the CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. C. That the CITY has constructed and will maintain an operational water storage tower contiguous to the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with IEPA permits. D. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 9. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District ("YBSD") treatment facility located at .302 River Road, United City of Yorkville. Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being CH1994398143= 7.1111312.4242 5? -12- (4/14/{ provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is within the Facility Planning Area of Yorkville and within the Facilities Planning Area of the Fox Metro Water Reclamation District. I3. t-4-4A- "> =1-12 NI ST, 4t#= t I lI`:A i-41AR4A .-\`\l) FOX)\\iF k(i -1)I TI x xa I�l l)i ,_pit)'$The CITY shall use its best efforts. in good faith, to cause the prompt realignment of the boundary lines of the YBS1) and_Fox Metro Water Reclamation District so that the Portion of the SUBJECT PROPERTY east of Cannonball Trail Road which is zoned R-3 PUD is part of and serviced by the Fox Metro Reclamation District. D. That either(i) the Sanitary Sewer Interceptor Funding Agreement attached hereto as Exhibit "F" and incorporated herein is in full force and effect and is the legally binding agreement of the parties thereto and will be timely enforced by the CITY, including by litigation if necessary or (ii) an alternative means for assurance to DEVELOPER of the timely availability of sanitary sewer service to the SUBJECT PROPERTY generally consistent with the provisions of this Paragraph 9. That there are no administrative, judicial. or lei . ' - . :r :eing threatened that result in a reduction of. or limitation upon. any Parties' right to use and connect to the sanitary sewer system. The CITY has provided to DEVELOPER a copy of that certain "Amendment to the Annexation Agreement, Annexation Agreement and Planned CHI99 43981434 : 77.401319 0242-57 -13- 14/14/05) Unit Development Agreement" for the WestburyVillage Subdivision recorded with the Kendall County Recorder of Deeds as Document Number ("Westbury Agreement"), The Westbury Agreement includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy (-} t Interceptor Project ("Rob Roy Interceptor Sewer"). The CITY represents and warrants to DEVELOPER that the Westbury Agreement is in full force and effect and unamended. The CITY further represents and warrants to DEVELOPER that that portion of the Rob Roy t ;c i.: Interceptor Sewer from point A to point B as shown on Exhibit "G" has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY, with the reasonable anticipation that the Rob Roy E-+eel, Interceptor Sewer will be completed to point B as reflected on Exhibit"G" on or before July 1,2005. The CITY further represents and warrants to DEVELOPER that those easements or rights-of-way so as to allow for the continues constrnetion and se of tb_e_Rr t_Roo IntercepAor Sewerfrom Point_A to Paint C as shown on Exhibit"G", are in place and in full force and effect except as o • • • s . t • iI '_ i •• ,nddeo• •e Ii . .:I',itG". The CITY shall use its best efforts to provide to DEVELOPER, on or before April-7-i27 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue the construction of the Rob Roy Interceptor Sewer from point B to point C as shown on Exhibit "G" at the initial cost and expense of the CITY, with a reasonably anticipated completion CHI99 4398143-. - -+>. -- 1.01/L319.0242- -14- (41)4/05) of construction date of February 1. 2006. DEVELOPER agrees to execute such agreements as maybe reasonably required by the CITY in connection with such interim financing. ,Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event that the CITY is unable to provide either a fully executed and enforceable Sanitary Sewer Interceptor Funding Agreement or evidence of the interim financing as provided for in this Paragraph 9, DEVELOPER may, in DEVELOPER's sole and absolute discretion, following thirty (30) days prior notice to the CITY given no earlier than September 1. 2005_,_but subject to and in coordination with the terms of the Westbury Agreement, construct or cause to be constructed such portion of the Rob Roy Interceptor Sewer as maybe required, in DEVELOPER's sole and absolute discretion, to service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. The construction of any portion of the Rob Roy Interceptor Sewer by V_ _ I R . hall e ci 1• ed •e •ral in • it wit he clans n fil• with the CITY as of the Effective Date prepared by Walter E. Deuchler Associates,Inc. dated In such event, DEVELOPER shall receive a set-off as against any and all fees due to the CITY or any other governmental agency (excluding. however. Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such costs, including what is CHI99 4398143- = -- 700131.9.0242-57 -15- (4/14/05) known in the industry as "soft costs", plus a seven and one-half percent (7'/2%) management fee, together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%), measured from the day of expenditure, until such amount is paid in full. Such amount { be paid from the proceeds arising from any bond issued consistent with the Sanitary Sewer Interceptor Funding Agreement 0 rt- 44it 1). t 441-14-14. 3t`iN ,{e-Ftt t . 1-1t to {=1s t44- 4±- f :and from any parcel or third party user of all or any part of the Rob Roy Interceptor Sewer whether by means of recapture or through recovery of cost by the CITY through any and all sewer fees paid ey users of the Rob Roy Interceptor Sewer. In all events, any amounts due and owing tt DEVELOPER under this Paragraph 9 remaining unpaid on Januaj I.2OI4 shall be due and payable by CITY on demand. CITYsossnants_and_agrees to use its_bot_efforts—in_go_od faith, to collect all sewer fees and to not allow connections or use of the portion of the ..e; .o j • • e a •w•r to •e ,v / _V I 'F wi , e • a a recapture or recovery fee on such user and Benefited Property (as hereinafter defined) for the benefit of and p.yment to DEVELOPER. In the event DEVELOPER elects to construct all or any portion of the Rob Roy . . =1 Interceptor as contemplated by this Paragraph 9, the CITY shall provide to DEVELOPER any funds or security which it holds from any third party relating to the Rob Roy Interceptor Sewer and shall further grant such permits and rights and grant such easements or rights to easements as maybe C1-11994398143-`:i. :_. -;,_x_111131151242_.57 -16- (4/14/115, f_(4114/115i necessary or appropriate to allow DEVELOPER to commence and complete the Rob Roy Sanitary Sewer from point A to point C as shown on Exhibit"G". That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the sanitary sewer system. 10. WETLANDS AND STORMWATER MANAGEMENT. The CITY agrees. represents and warrants to DEVELOPER that it shall provide and maintain sufficient stormwater management capacity on all or any part of the SUBJECT PROPERTY which is dedicated conveyed or granted by easement to the CITY consistent with the terms of this Agreement, to perpetually service all or any part of SUBJECT PROPERTY all at no cost or expense to the DEVELOPER. The CITY shall construct, in a timely manner so as to allow for the immediate and prompt development of all or any part of the SUBJECT PROPERTY, a regional stormwater management facility within the SUBJECT PROPERTY ("Regional Stormwater Management Facility") on those parcels identified on the Development Plans. The Regional Stormwater Management Facility shall be designed, constructed and maintained by the CITY on the property provided in the Development Plans for such purpose, and other property, estimated by the CITY to be approximately One Thousand Nine Hundred (1,900) acres, to service tributary properties and other properties deemed appropriate by the CITY, including at a minimum, all of the SUBJECT PROPERTY. DEVELOPER shall be entitled, at no cost or expense to the DEVELOPER, to the uninterrupted and continuing use of the Regional Stormwater Management Facility, for stormwater management purposes, for the benefit of the SUBJECT PROPERTY and for the benefit of any other properties with DEVELOPER may own, control or develop within such parcels identified by the CITY, to be within the tributary properties to be serviced by the CH199 4398143 -17- (4/14/(61 17_(41141251 Regional Stormwater Management Facility, such tributary properties being depicted on Exhibit "H" as prepared by the CITY. - c-Regional Stormwater Management Facility DEVELOPER, at is sole cost and expense, shall simultaneous with tlk-at ; a, ' TA of the First Final Plat of Subdivision 14its grading and development of all or any part of the SUBJECT PROPERTY., in addition to its obligations under Paragraph 17 of this Aar••m• . • P, in ru it _ • 1 1! • i . • alt a _ boundary of the SUBJECT PROPERTY north of Galena Road as depicted on Exhibit "I". The CITY shall maintain the current, existing culvert under Galena Road so as to facilitate the movement of water into the area reflected on Fxhihit_".L.". The swale and included weirs shall be timely designed tw the CITY and approved by DEVELOPER, such approval not to be unreasonably denied, delayed or conditioned. Anything in this Agreement_to the contrary=notwithstanding, the DEVELOPER reviexv and approval ooff any and all plans rega a i • -, • tit 'I . 0 • .' i 1 ,1 >t i r • Homo. • • r i I• ' _ . w• r 'n i r.0 •I _ • F VELOPER's objective and goals with respect to the SUBJECT PROPERTY and not for the purpose of determining the accuracy and completeness of such desi.n and shall in no wa ' create any liabili - on the part of the DEVELOPER for errors, inconsistencies or omissions in any approved documents nor shall any such review and approval alter CITY's responsibilities hereunder with respect to such documents,swale and weirs. TheRegionaLSt1 w. • , tea•ii • _ • •i- h, iiv• •I ; AD V_ _ I_ _ R by deed or by a grant of a nonexclusive easement to the CITY simultaneous with the annroval b�the CITY of the First Final Plat of Subdivisionior av__part of the SUBJECT PROPERTY. Any portion of the Regional Stormwater Management Facilit not conveyed CHI99 4398143 3337.041319.0242-57 -18- (4L14Iil to the CITY by deed simultaneous with the First Final Plat of Subdivision shall be conveyed by deed to the CITY at such time as DEVELOPER becomes the owner of that portion of the Regional Stormwater Management Facility on which an easement has been previously established consistent with this Paragraph 10. Any other term of this Agreement to the contrary notwithstanding, the CITY shall issue all permits, all certificates of occupancy and provide all approvals and assistance for the development of the SUBJECT PROPERTY as contemplated by this Agreement notwithstanding the fact that the CITY has not commenced or completed the construction of an operational Regional Stormwater Management Facility. # as depicted on Exhibit ``l" 4 µ 1 under Galena Road so as to facilitate • . -• - - • - - . . - - . .• la- " CITY shall at no cost or expense to the DEVELOPER, on or before J3u k August 1, 2005, construct or cause to be constructed ,-;by. the CITYL, 7 0.4 ith the CITY obtaining and applying all funds, a temporary outfall system and water storage area sufficient to service the portion of the SUBJECT PROPERTY under development. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event the Regional Stormwater Management Facility is not in place and operational for the benefit of the SUBJECT PROPERTY on or before September 1, 2006, DEVELOPER, following fifteen (15) days prior written notice to the CITY, may in DEVELOPER's sole and absolute discretion, construct or cause to be constructed such portion of the Regional Stormwater Management Facility as may be required, in DEVELOPER's sole and absolute discretion, to service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. In such event, DEVELOPER shall receive a setoff as CH1994398143 - 2.1)IN319.0242= _19_ {4/14/051 against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such cost, including what is known in the industry as "soft costs", are paid in full together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent(2%), measured from the date of the expenditure until such amount is paid in full. Such amount shall be paid by the Cid from the proceeds arising,from any bond issued. from time to time. by the CITY relating to the Regional_Slornma ter LlanaQement_Tociati_and_'rom_ani_ih_ rsl=prh_nser_=of 11 or any part of the Regional Stormwater Management Facility whether by means of recapture or thrs • • iv lr' f s s s ' le ri ai ti ' _ I • s , i t• •s i _ il• ti use of the Regional Sts rmw.t•r Mana'ement F.cility . :nv .reel sr thir arty user of 1 a • .•••int t r wa • •m•n 'lit nit in lu i • SUBJECT PROPERTY. In all events.any amounts due and owing to DEVELOPER under thi ' :a , r ' r si .' a i i i. in anuary 31. 2014 shall be due and payable by CITY on demand by DEVELOPER, CITY covenants and agrees to use its best efforts, ingood faith, to collect all fees and to not allow use of the Regional Stormwater Management Facility if constructed by DEVELUPF.I thont_imposing resit re_or recoNer -fee_ n such ser uid Benefited Property for the benefit of and p, 'it • The CITY may elect, at its sole and absolute discretion, to create upon all or any part of the SUBJECT PROPERTY which is dedicated or conveyed to the CITY consistent with the terms of this Agreement a "Wetland Mitigation Bank" pursuant to the principles, policies and CHI99 4398143-- - 7.401319.0242-S' -20- (4/14105) procedures set forth in the United States Environmental Protection Agency's Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, 60 Fed. Reg. 58,605 (November 28, 1995), or any other existing or future guidance,rule, or other publication relating directly or indirectly to the restoration, creations, enhancement, or preservation of wetlands for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. To the extent that a Wetlands Mitigation Bank is created in whole or in part, on the SUBJECT PROPERTY, the CITY shall reserve and make available within the Wetland Mitigation Bank up to ten (10) acres of Credit for the benefit of the SUBJECT PROPERTY, at no cost or expense to DEVELOPER. The Wetland Mitigation Bank shall also be available to any other property owned, controlled or developed by DEVELOPER within five (5) miles from the outer extremity of the Wetland Bank at no cost or expense to DEVELOPER so long as any such property is within the corporate limits of the CITY. DEVELOPER shall be entitled to all rights associated with any and all mitigation bank credits (the "Credits") assigned to ten (10) acres of such Wetlands Mitigation Bank, and shall be entitled to use such Credits for any purpose consistent with applicable law. DEVELOPER shall have the right, in its sole discretion,to select any ten (10) acre portion, which need not be contiguous, of the Wetlands Mitigation Bank for which it will be entitled to the use of Credits pursuant to this Agreement. Based on the absence of immediately available CITY funds and in order to facilitate the coordinated design and construction of a Regional Stormwater Management Facility which may also include a Wetlands Mitigation Bank and which may include the maintenance of any wetlands currently located on portions of the SUBJECT PROPERTY, DEVELOPER shall engage a wetlands consultant...("Wetlands Consultant") to stiork with DEVELOPER. the CITY and other interested parties in the design of those portions of the CHI99 43981434<:-- _?'7.0013 19.0242-57 -21- 44/14/9 SUBJECT PROPERTY which are wetlands or which will become wetlands or part of the Wetlands Mitigation Bank. The engagement by DEVELOPER of the Wetlands Consultant I • _ J•• I • • •• . Lore -.1 • IT i > _ rt iv.' sh. .l ni se unreasonably denied, delayedor conditioned The CITY hereby waives any and all claims or causes of action against DEVELOPER arising directly, or indirectly from the design of 1 • ; ,1 : 'rmw_ •r u i , ' •k• _ ility aid related wetlands or any imHatt on the SUBJECT_I'ROP_E TY re tino_'ratn-lh ath ee_ar actions of the retained Wetlands Consultant in the design of the Regional Stormwater Mana.ement Facility and related wetland matters; the CITY shall look solely to the Wetlands Consultant for any liability arisin' directs or indirect' out of the services rovided b the Wetlands Consultant. All costs and expenses in retaining the Wetlands Consultant to design and prepare plans with respect to the construction of the wetlands shall be paid by DEVELOPER subject to reimbursement from time to tiITY for all out-of-pocket costs and expenses of the DEVELOPER in retaining the Wetlands Consultant together with interest on a y amount so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journalplustw i •n °( • .s • rsu i - I. -• iii r• such_a_m�o int is piihEin full. Such_amount shall be paidby the_CITY to DEVELOPER from the •roceeds of any revenue bond issued by the CITY. from time to time.which bond must provide for proceeds for any expenditures for the design of the Regional Stormwater Management Facility and related wetland matters. If such a bond or bonds are not issued and funded within three (3) years from the Effective Date, the CITY shall p.3' to DEVELOPER such amounts as it may receive from time to time from its portion of the Sales Tax Revenue under Retailers' Occupation Tax 35 ILCS 120/1 et. seq.. Service CHI99 4398143-i'- . <_•i--»_-i=Z(N11319.0142-5 -22- (4/14/05) OccupatinttTas 5 II,CS 115/1 et segand_any otl r ilar sales tax revenues in addition to or in lieu thereof received from any commercial user which is benefited by the Regional Stormwater Management Facility and included wetlands. If the DEVELOPER is not paid in full for the expense of the Wetlands Consultant on or before five (5) years from the Effective Date of hi Aare•ment DEVELOPER ma elect to set-off as a' .inst an r and all fees due the CITY or any other governmental agency(excluding, however. Yorkville School Dis r. 15' • • • I 'ris ►1- ens •11 ire Pr i tection 1" tit im i act fes in connection with the development and improvement of the SUBJECT PROPERTY until such amount is jiaid in full In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31,2010 shall be due and pay abie by CITY on demand. 11. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY surety bonds ("Security Instrument(s)") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY, the DEVELOPER having elected to provide surety bonds consistent with Illinois law. To the extent that a Special Service Area has been established and bonds have been issued generally consistent with the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall be required to be deposited by DEVELOPER with the CITY with respect to those improvements included within such bond proceeds. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as CH1994398143- ___-,.- -=71319.0242-57 -23- (4/14/n to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY and shall relate only to those matters directly covered by each Security Instrument. The Security Instruments shall not provide for or be cross defaulted or collateralized and shall be treated and returned or reduced in accordance with this Agreement notwithstanding any issues, disputes or entitlements as to any other Security Instrument. The Corporate Authorities upon recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond equal to ten percent (10%) of the CITY engineer's reasonable opinion of probable cost after acceptance by the CITY of said public improvements. CHI99 4398143- - -_7.011319..1 42- -24- 1_4/14/115J In the event DEVELOPER has deposited a Security Instrument with the CITY and the improvements covered by such Security Instrument are subsequently included in the Special Service Area and bonds issued generally consistent with the provisions of Paragraph 27 hereof, any such Security Instrument shall be returned to DEVELOPER within thirty(30)days of such bond issuable or reduced by the amount covered by such Security Instrument which is included in such bond. B. Dedication of Perimeter Roadways and On-Site Improvements. Subject to applicable governmental laws, ordinances and regulations, perimeter roadways to the Property as reflected on the Preliminary Engineering shall be dedicated, constructed, and/or bonded by DEVELOPER during independent phases of development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to such perimeter roadway. On site improvements shall be dedicated, constructed and/or bonded by DEVELOPER during independent phases of development at the sole discretion of DEVELOPER; provided that the on-site roadway as shown on Exhibit "K" shall be dedicated, constructed and bonded simultaneous with the approval of the Final Plat of Subdivision relating to any part of the SUBJECT PROPERTY. Nothing herein requires construction of elements outside of the phase of development for which Final Plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. CHI99 4398143 ,-2,1811319.0242-57 -25- 4/14!051 C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30)days following the approval of the"as built"plans. D. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. parlLEark areas, offsite water main, homeowners association open space areas) in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a CHI99 4398143- 7.001319.0242_57 -26- (4L4[05 release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. 13. AMENDMENTS TO ORDINANCES. All and each of the Municipal Codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use 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 eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period, which consent may be withheld in OWNERS' and DEVELOPER's sole discretion. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature 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. CHI99 4398143-`-+- 4 Z 001319.0242 _2 - j411410 If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, fees or charges or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which Development Plans may be based, are amended or modified to impose less restrictive requirements on cost, development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 14. BUILDING CODE. The building codes and related codes and regulations of the CITY in effect as of the date of this Agreement are as set forth in Exhibit"L". These regulations 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 eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period. After said eight(8) year period,the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period; provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building units herein approved for the SUBJECT PROPERTY, alter or eliminate any CHI99 4398143- 1001319,11242-52 -28- (4/14415j of the ordinance variations provided for herein, alter the PUD standards set forth herein, nor result in any subdivided lot, structure or units constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or p modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the six (6) month following the 1; (4-ii,-Effectivejate of such amendments, deletion, or addition, whether during the eight(8)years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six(6)month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 15. FEES AND CHARGES. A. The Fee Schedule applicable to the SUBJECT PROPERTY as of the date of this Agreement is set forth on Exhibit "M". ,# , -(41-\ : 2 :ON:4M CHI99 4398143-- X4;.'.7.001319.0242_57 -29- (4114105) -14,1. ) %)H 14-1121,LA } \4 - J-444-' 4-1# 1-'4/ 1-15,1 1. 4-4 94_1 E int-i A-0 ;rL i4 11\1:4:144-4134,-'3-'IZVVI -1-41 -44;4414—'4,11`\;T- ru-.xi=\ 14 t-4 I} 112;It-1 41/(4%-4-1,:10".s K - 1 -N..1--34.t1-1Z 441 .N11 \U1_4P' f J I:\J_A-V-144)-NA-44411N s,4\-44) \I4 -T I.. R-4111 1 b'f 1 (7-74 1\'1 l "I4-:Si (-44--VVI04-74,4 f .4-t;)•-1 .1~1:14 t-)\I f 4441I•s•. I)4)01;-1. k I1=I4—I.-N44---y 1114--' -I44S*4- -I.I: 1-0\34.4,k--1=4,1- 4 I11 CONI ON11.ylt \1 I'R(}I)t (:T:}Any other term of this Agreement or specifically the matters noted on Exhibit "NI" to the cont ry notwithstanding, no "County Road Fee" shall be applicable to all or any part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal Coun i- Road contributions, not to exceed One Thousand Dollars (51,000) per unit, is in full force and effect among Kendall olinty_malLincsrporniesd Municipalities within Kendall C011403_, Illinois within six (6) months after the Effective Date. B. During the first eight (8) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers at the time of the issuance of any building permit, only those charges, costs, permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto as Exhibit "M" and no new, replacement or additional fees or donations of any kind shall be applicable to the SUBJECT PROPERTY during the term of this CH199 4398143- 7(Xri319_0242-57 -30- 14/I 4/Ogi Agreement. At the expiration of this eight (8)year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations or to elect to prepay any such increased fees and charges for all units remaining to be built on the SUBJECT PROPERTY. C. Except as provided in Paragraphs 26 and 27 of this Agreement or any replacement tax to a tax in effect as of the date of this Agreement, the CITY shall not without the prior written consent of DEVELOPER: 1. Levy any special assessment, special tax or other charge against any real or personal property within the SUBJECT PROPERTY; 2. Undertake any local improvements in, on or for the benefit of the SUBJECT PROPERTY pursuant to the imposition of a special assessment or special tax against the SUBJECT PROPERTY, or any portion thereof; or 3. Levy or impose additional taxes on the SUBJECT PROPERTY, in the manner provided by law for the provision of special services to the SUBJECT PROPERTY, or to an area in which the SUBJECT PROPERTY is located, or for the payment of debt incurred in order to provide such special services. D. OWNERS and DEVELOPER shall promptly pay all outside (excludes employees of the CITY) professional fees (without markup by the CITY) incurred by the CITY through the date the SUBJECT PROPERTY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, including professional fees for engineering, planning and legal services, upon receipt of an CHI99 4398143- -- 7.001319_0242-57 -31- 14/14105) invoice therefore from the CITY. All such fees shall be billed at fair and reasonable rates. 16. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 17. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making land and cash contributions to the Yorkville Community School District #115 ("School District") as set forth herein. The cash portion of the contribution to the School District in the amount of$ shall be paid commencing with the building permit and shall be payable at the time of the issuance of each subsequent building permit. OWNERS and DEVELOPER shall be responsible for making land contributions, not cash contributions, to the CITY for the benefit of Yorkville Park Department ("Park Department") of that portion of the SUBJECT PROPERTY designated on the Preliminary Plat of Subdivision in accordance with the Schedule on Exhibit "M". Any f a34Park and/or open space shall be dedicated or conveyed subject to covenants that such parcels be forever maintained as public parks and/or open spaces for recreational and storm water management purposes. The Iatt+4,4Parks identified on Exhibit "N" iLs well as that portion of the Park depicted on Exhibit .N", bsin,Yapprpxiin tcl sone-third_('/3)_ofthe Regional Park located north of Galena Road and at the east end of the SUBJECT PROPERTY, to accommodate four-six (4-6) CITY planned soccer fields shall be graded and seeded by DEVELOPER consistent with the City Park Development Standards existing on the Effective Date of this Agreement. The grading and seeding of that portion of the Regional Park located north of CHI99 4398143-. - 7.001319 8242-_4: -32- (4114(451 Galena Road at the east end of the SUBJECT PROPERTY shall be commenced simultaneous with DEVELOPER's gradih and development of all or anv Hart of the SUBJECT PROPERTY. All other improvements or matters relating to each i-as= . ark identified on Exhibits "M" and "N" shall be the sole responsibility of the CITY. In addition, DEVELOPER shall pay to the CITY, simultaneous with the recording of the Final Plat of Subdivision which includes any of the ,=-01.-Parks identified on Exhibit "N", Fifty Thousand Dollars ($50,000) for each of the four(4) tParks (a total of Two Hundred Thousand Dollars ($200,000)) for the CITY's use in providing play equipment and other amenities or vegetation for each such > 1 _Park. The dedication or conveyance of the land contribution for the benefit of the School District and Park Department shall be made simultaneous with the approval of the Final Plat of Subdivision relating to the residential portion of the SUBJECT PROPERTY which is contiguous to any such school or 1-'44Park site; provided that in all events (a) the dedication or conveyance of land for the benefit of the School District shall take place no later than the third (3rd) anniversary of the CITY's approval of the G'N First Final Plat of Subdivision for any part of the SUBJECT PROPERTY; (b)the dedication of land north of Galena Road for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the -_ 1:First Final Plat of Subdivision for any part of the SUBJECT PROPERTY north of Galena Road; (c)the dedication of land south of Galena Road for the benefit of the Park Department shall take place no later than the 3rd anniversary of the CITY's approval of the 4First Final Plat of Subdivision for any part of the SUBJECT PROPERTY south of Galena Road and (d) the dedication of land east of Cannonball Trail for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of CHI99 4398143-4 ( 7.001319.0242-57 -33- (4/14/05) the f=,:First Final Plat of Subdivision for any part of the SUBJECT PROPERTY east of Cannonball Trail. The CITY recognizes and acknowledges that each parcel reflected on Exhibits "M" and "N"will have a direct impact on the owners of each improvement and unit built or to be built on the SUBJECT PROPERTY. Accordingly, the configuration of each use on each such 1=---1,Park, the location and nature of any improved parking lot or facility serving each such ,;=,,Park, the lighting of each such i + Park and any other similar matter relating to each and every such r4+++Park shall be subject to the prior written approval of the DEVELOPER, which approval shall not be unreasonably delayed, denied or conditioned. This right of approval shall automatically terminate upon the conveyance of the last approved improvement or unit to be constructed on the SUBJECT PROPERTY. No additional land, money donations or payments of any kind to the School District or the CITY for the benefit of the Park Department shall be required. 18. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize a minimum of two (2) off-site subdivision identification, marketing and location signs each containing a maximum of thirty- two square feet (32') at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CHI99 4398143-=-- • '7.901319,0242-57 -34- (4114/fl 5 CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit"0"attached hereto. 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Bristol Bay. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- CHI99 4398143- - 7.001312_02.42-57 -35- (4/14/05j 35- (4/14/05 Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street. th Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based • • • is • •, s _ 1 1 • , ucted on the SUBJECT PROPERTY, the CITE' shall permit OWNERS and DFVEI OPER subject to any other necessary governmental regulatory approval, the CV - •' . DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to 4 °+� one hundred twenty-five (7A125) dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approYed h) the applicable sap tap district,if required by aiiyiawor ordinance. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales or construction trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the CITY for any trailer that will be utilized t=44, - =lor sales or construction offices. CHI99 4398143 7.0013 L9.0242-_57 -36- 14LL4[45) Prior to the location of anv sales or construction r i t. - trailer on the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which approval shall not be unreasonably denied, delayed or conditioned. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each phase as the Final Plat and Final Engineering for each such phase is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 20. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good CHI99 4398143=,-- -7.901319.0242-57 -37- t4/14/05) working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or within public utility easements. 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY. A. The CITY agrees to issue within five(5) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing the DEVELOPER as to wherein the application does not conform to the stated sections of the Code. If requested by DEVELOPER, building permits shall be issued by the CITY in stages to permit construction of the foundation and building shell before approval of the final plans. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. B. DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master building blueprint or building plan unless the building permit application reflects major deviations from the approved master building blueprint or building plan. C. The CITY agrees to issue certificates of occupancy promptly upon notification therefore or promptly issue a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the CH1994398143- -7,001319.0242- -38- L'14/05) issuance of a certificate of occupancy and quoting the Section of the Ordinance relied upon by the CITY in its request for correction. Failure to issue such written denial in such time period shall constitute an approval of the application and such certificate shall be deemed issued instanter. The CITY shall not limit the number of Certificates of Occupancy or the time of issuance of Certificates of Occupancy during the term of this Agreement. Temporary occupancy permits shall be issued when adverse weather conditions do not permit outside painting, landscaping, sidewalks, driveways, or final grading for individual homes. Final surfacing of driveways also may be deferred for weather conditions. Such painting, landscaping, sidewalks, grading and driveway construction shall be accomplished or installed as soon as weather permits. Such additional temporary permits that may be required due to adverse weather conditions shall not be unreasonably withheld. The CITY shall grant individual occupancy permits to multi-tenant commercial buildings or in multifamily residential buildings on a store-by-store or unit-by-unit basis, but no such permit shall be issued unless work on portions of such commercial buildings or residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificates are to be issued will not be endangered by construction in progress and the building is safe for the area occupied. D. The CITY hereby agrees to issue no stop orders directing work stoppage on buildings or other development without setting forth the section of the CITY Municipal Code allegedly violated by OWNER, and OWNER may forthwith CHI99 4398143 =7.001319.0242-57 -3 9- (4114/05) proceed to correct such violations as may exist. Other work may continue on any structure subject to a stop order after reinspection by the CITY indicates the violation has been corrected. 22. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 24A hereof, with OWNERS or DEVELOPER, as the case may be, providing for the payment of the cost of such oversizing by the owners of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one neighborhood. 23. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65. Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary :< I' ;-4r1Plat. 24. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seg. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located CHI99 4398143- LiH1319.0242- -40- >41141051 within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements a d to irn lement,if a licable. the rovisions of Paragraphs 9 and 10 of this Agreement. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"P". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the C 1 TY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. t 3_ € 4,4—§ 34 s .=1%:-ik fief s \4s€4 :-€€€4--.- 44 a"4-4;•x'331,1: 1414 §1'14 141: tT1- A-ND1- .Ri*i=l4_ i• AND l'4) ,410 -: " t;t.. (Y3' -1 -a: `f ,4'i 4 4 F V1.4-_4.-41 4 1.5 4_4,1-- 'r g' 1 € I-s 134 4-€.1-24-44"1 I'4 4 4; s 4 %i, ;41 t 11\ 1 !4\ 0,4 4,;4 i> i l vi 114 ._1.,.4; ' W - 441 WI,I .;DEVELOPER acknowledged receipt of two l napes of the Grande Reserve Annexation Agreement attached hereto as Exhibit "Q" which provides for the potential for recapture or recovery from DEVELOPER for a portion of the water system toicconstructed by the DEVELOPERg the Grande_Reserveparcel_ 25. ARCHITECTURE STANDARDS AND COVENANTS. The general architecture for the improvements within the residential neighborhoods are attached hereto and CHI99 4398143 --. ..'2„t101319.0242,_57 -41- (4/14/0J described in "R" being the architecturalrenderings provided by the DEVELOPER and Exhibit "S" being_the last draft not -et ado ted,of the ro osed citywide architectural control ordinan Residential improvements shall be constructed substantially consistent with the least restrictive of the matters reflected on Exhibit "R" and Exhibit "S" or as modified by DEVELOPER with the CITY's prior consent. The OWNERS and DEVELOPER agree to adhere to any ti ,ovcity ide architectural control ordinances :Li. ;11H r-. =thk. ,,.,t, it,,4ukV' .list.. r:+0+4,:4T+t ? ttal r. =«flirt=i 4 j..,t ;.,j U+4 i-t hereafteLudopted by the CITY except to the extent that any of its provisions are more restrictive than Exhibit "R" and/or Exhibit "S". The OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to façade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow the existing anti-monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the Street,or catty-corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in + ,.Paragraph 24 of this - •t•:=1-a;-;=4Agreement. CHI99 4398143—+++-+ 4-2 -51 -42- l4/141051 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, one (1) or more Homeowners Association ("Association(s)") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area ("DSSA")to act as a back up in the event that the Homeowner's Association fails CHI99 4398143- 427A101319.0242=57 43- L4/14L45) to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANK QUALIFIED DEBT. At the OWNERS' and DEVELOPER' s request, the CITY will agree to establish a special service area("SSA") in an amount not less than $ or greater than $ to be utilized as a primary funding mechanism for installation of public improvements; provided, that portion of the SUBJECT PROPERTY zoned for commercial use, agricultural use or designated on the Preliminary 4)-1-r ?' flat for a clubhouse, firestation. school or park site, shall not be part of the SSA. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 ILCS 200/27-5 et seq., the cost of which shall be included in any administrative fee associated with the special service area. PP-OP-084 14 l -A' t,1 41,1 TOP -1)1 \ 1 -1--4}t>1 1,1 -1-?-0- 1- 1.:112-!44 11)A. 4i o, 4-34-4-1:4(4,-,S4 1- A— -, \1 1 l t4 - i sl i 1:-I --4-F;t.iI NIL 1-h --1(3 L UN 1.K +iiii Y1''.1P1AL-1‘,84.-ANC F A4I- -47X-( -R A-N-1tt-1 10' 4) 4- - 44 CHI99 4398143-,-4-= ---7.001319.02425,5Z 44- Th• + : +Q1'_ • + • I_ _ ' •1''ij • • i _ • T• '1i+ 1 1 +liars ($10.000,000) per year in bank qualified debt. The CITY wants to preserve the right to issue deitincxsoftiiis_a mount. The Parties understand that if the CITY issue cleft in an amount greater than Ten Million Dollars (Sl0 000,000) ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DFVELQPER__agrees hat in_l e event that the SSA bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non-Bank Debt because of the issuance of the SSA bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the SSA bonds, including but not limited to. additional financing costs. _If in the same calendar year the CITY issues social assessment bonds for another develo ter DEVELOPER shall pay its pro-rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its SSA bond issue in proportion to the total amount of special assessment bonds issued in that calendar year or other bonds issued by the CITY for any other parcel, party or otherwise. This pro-rata shore shali__b_e d tersnlnsi_at the end of tht calepdar_warin_ k k lite o -B nk Debt is issued by the CITY Payment of the share shallbe equal to the_present value of the additional cost incurred by the CITY calculated by using the true interest rate on the ITY' Non-Bank bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and tank qualified interest rate shall be reported CH199 4398143- - -7.0111319.0242-57 -45- (4/14/05) by Griffin Kubik Stephens & Thompson. Inc. ("GKST"1 300 Sears Tower, 233 South W-acke Drive,Chicago,IL 60606_ oras tithe'wise_greed_by thei'arties. Theses_rate ,sh21i be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the Effective Date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled "Markst Card". 28. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Development Plans, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Development Plans and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER reflected on the CHI99 4398143-=-t, 7-001319,0242-57 -46- (4114/054 preliminary engineering plans, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 29. CITY'S MUNICIPAL SERVICES. In addition to the matters specifically described in this Agreement, the CITY agrees, without additional charge, to provide the SUBJECT PROPERTY with such municipal services as are provided generally to the public to comparable properties located within the CITY. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Bristol Bay Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said SUBJECT PROPERTY, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. SALE OF SUBJECT PROPERTY. It is expressly understood and agreed that the OWNER or DEVELOPER may sell or convey all or any part of the SUBJECT PROPERTY for the purposes of development for resale, and upon each sale or conveyance, the purchaser shall be bound by and entitled to the benefits of this Agreement with respect to the part of the SUBJECT PROPERTY sold or conveyed. The OWNER or DEVELOPER shall notify the CITY of such purchase or agreement or assumption of responsibilities. A selling OWNER of all or any portion of the SUBJECT PROPERTY, however, shall be released of its prospective obligations under this Agreement only where: CHI99 4398143 :' .7.001319.0242-57 -47- 14/14105) 1. Provision has been made that all improvements required by this Agreement or CITY ordinance for the development of the portion of the SUBJECT PROPERTY being sold will be installed and guaranteed in accordance with this Agreement and the ordinances of the CITY; and 2. The CITY has remaining in place guarantees of performance to assure the CITY that any development responsibilities not yet satisfactorily completed by the OWNER or DEVELOPER anywhere on or offsite of the SUBJECT PROPERTY will be completed; and 3. Any outstanding monetary obligations of the OWNER or DEVELOPER due and payable to the CITY as of the time of conveyance have been satisfied in full; and 4. There is no uncured violation of the Municipal Code or this Agreement. 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD. The structures currently located on that portion of the property zoned A-1 commonly referred to as the Bertram Homestead and legally described on Exhibit " T" ("Bertram Homestead") shall not be demolished or substantially altered by DEVELOPER without the prior consent of the CITY, which consent may be withheld in the CITY's sole discretion. The Bertram_ -Iomest_cad is__not._the subset otitic Plantnerd nit_Doelopment affecting other_portions of the SUBJECT PROPERTY. Any other term of this Agreement to the contrary notwithstanding, DEVELOPER shall maintain the structures located on the Bertram Parcel in substantially the same condition existing on the date of this Agreement, ordinary wear and tear or casualty excepted provided DEVELOPER shall have no obligation to rebuild, repair, replicate or CHI99 4398143-= -,- ,-7.011319 1!242-57 -48- (4/14/05) replace all or any part of any current structures currently located on the Bertram Homestead in the event of a casualty, The CITY shall provide to DEVELOPER a detailed written baseline report as to the condition of the Bertram Homestead as of the Effective Date. The Bertram Homestead shall include as a permitted zoning use: sales of antiques as well as sales yards and greenhouses, both wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers,plants, etc. 33. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding,the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty or improved lot or a lot improved with one or more dwelling units who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. CHI99 4398143 t-.7.001319.0242-57 49- (4/14/05) 49_(4/14/05) C. Fair Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the Parties. The Parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed facsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS or Centex Homes—Illinois Division DEVELOPER: 2205 Point Boulevard Elgin, Illinois 60124 Attn: Kris L. Anderson with copies to: Centex Homes—Midwest Division 14850 Scenic Heights Road Suite 125 Eden Prairie, MN 55344 Attn: Joel S. Reed McDermott Will& Emery LLP 227 West Monroe Street 47th Floor Chicago, IL 60606 Attn: Fred I. Feinstein,P.C. (II) If to City: United City of Yorkville CH199 4398143 27.001319.0242 -50- (4/14/05J 50_(4/14/4 J Attn: City Clerk 800 Game Farm Road Yorkville,IL 60560 Fax: (630)553-7575 with a copy to: Wyeth Heitz &Bromberek 300 E.Fifth Avenue, Suite 380 Naperville,IL 60563 Attn: John J. Wyeth or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without CHI99 4398143= • 7.001319.0242-57 -51- (4/14/05_4 the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and 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. 1. Term of Agreement. The term of this Agreement shall be twenty (20) years as to that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" and the maximum time permitted by Illinois law, not to exceed twenty (20) years, as now applicable to those portions of the SUBJECT PROPERTY previously annexed to the CITY. In the event the annexation of the SUBJECT PROPERTY, the classification of the SUBJECT PROPERTY for zoning purposes or other terms of this Agreement are challenged in any court proceeding, the period of time during which such litigation is pending, shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. In the event construction is commenced within said twenty-year period all of the CH199 4398143-- - -+ = 7011319.0242-57 -52- 14/14145j terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. 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 CHI99 4398143 : ;i 7.001319.0242-57 _5 3- (4/14/05) _(414105) contained in this Agreement shall be performed in a timely manner by all Parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Exhibits. All exhibits referenced herein are attached hereto and made a part hereof. R. Approvals. When the approval of OWNERS, DEVELOPER or CITY is required or contemplated by the terms of this Agreement, such approval shall not be unreasonably withheld, delayed or denied unless specifically provided to the contrary in this Agreement. S. Release of OWNERS. !'itect -atAt such time as the OWNERS have conveyed el- pard of their respective parcel to DEVELOPER, from and after the date of such conveyance the OWNER shall not any longer be entitled to the benefits or be responsible for the obligations or indemnities for acts or omissions occurring subsequent to OWNER's conveyance of their res ective arcels set forth herein provided in no event shall any 4-14' t kti=-= t1+3 == 414 + 'y ''. ' #ndemmnifthe-(-11A-indemnity of DEVELOPER be terminated by ++hang, sale or conveyance of all or any part of the SUBJECT PROPERTY. CH199 4398143=.t ; 721 001419.024Z_-_E7 -54- (4,1 410c4 54_(4'1.41051 T. Liquor Licenses. The CITY shall not limit the number of liquor licenses for the sale and/or consumption, as the case may be, of alcoholic beverages in establishments on the SUBJECT PROPERTY provided (i)that each applicant for a liquor license must meet each and every provision of the CITY's liquor control ordinance including the number of total permitted liquor licenses and the Liquor Control Act of 1934 (235 ILCS 5/1-1 et. seq.) relating to applications, qualifications, regulations and restrictions for operators of establishment serving, dispensing or selling alcoholic beverages and (ii) nothing herein shall limit the legal discretion of the Mayor, as liquor commissioner, and the CITY from denying the issuance of any liquor license. U. City. When the term the CITY is used herein it shall be construed as referring to the Corporate Authorities of the CITY unless the context clearly indicates otherwise. V. Facilitation of Development. It is understood and agreed that the successful consummation of this Agreement and the development of the SUBJECT PROPERTY in the best interests of all the Parties requires their continued cooperation. DEVELOPER hereby evidences its intention to fully comply with all CITY requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the CITY to the fullest extent possible. The CITY does hereby evidence its intent to,when requested, always cooperate in the resolution of mutual problems, and its willingness to facilitate the development of the SUBJECT PROPERTY, as contemplated by the provisions of this Agreement, including but not limited to assisting DEVELOPER in obtaining CHI99 4398143-, :+ 7.001319 0242-5 7 -55- (4/14/05) 55- (4/14/05) all governmental approvals or permits necessary or desirable for the development of the SUBJECT PROPERTY in accordance with this Agreement from all federal, state, county and other governmental or quasi-governmental entities, including but not limited to the Illinois Department of Transportation, the Illinois Environmental Protection Agency and/or the Army Corps of Engineers. To the extent permitted by law, at the request of the DEVELOPER, the CITY shall utilize its power of eminent domain to acquire such properties or rights as may be necessary, appropriate or desirable to implement the construction and/or operation of the SUBJECT PROPERTY, or any adjacent property owned or controlled by DEVELOPER. DEVELOPER shall indemnify, defend and hold the CITY harmless from and against all expenses and costs in connection with or in any way related to the utilization by the CITY of its power of eminent domain and in the acquisition of such properties or rights including, without limitation, the cost of acquisition. In the event, or during the term of this Agreement, DEVELOPER acquires additional property contiguous to the SUBJECT PROPERTY and petitions to annex such property to the CITY, the CITY shall cooperate in annexing such additional property to the CITY under terms generally consistent with the terms of this Agreement; provided, that such annexation is in compliance with then existing applicable laws and regulations. The terms of any annexation agreement with respect to any such properties shall be subject to the reasonable approval of DEVELOPER and the CITY, such approval not be unreasonably delayed or denied. CHI994398143= -;, 4_71NI1z190242_57 -56- (411410 W. Electric, Gas, Telephones and Cable TV. The installation of the necessary and appropriate onsite electric, natural gas, cable, television, and telephone services to the SUBJECT PROPERTY shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNERS to permit the extension of all such utilities along existing public right-of-ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the SUBJECT PROPERTY or any parcel or phase thereof. X. All Action Taken. The CITY hereby represents and warrants to DEVELOPER that it has taken all action required by law, including the holding of such public hearings as may be required, to bring about the amendments and exceptions to the CITY Zoning Ordinance, the CITY Subdivision Ordinance and other related ordinances, and the adoption of such other ordinance amendments, exceptions and variances, as may be necessary or proper in order to zone and classify the SUBJECT PROPERTY, so as to enable the same to be used and developed as contemplated herein and to enable the Parties to execute this Agreement and fully carry out all the covenants, agreements, duties and obligations created and imposed by the terms and conditions hereof Y. Agreement Mutually Prepared. This Agreement has been the subject of negotiations and has been prepared by counsel for the CITY as well as counsel for the DEVELOPER and OWNERS and neither shall be construed as the sole author of this Agreement. CHI99 4398143-- .17.091319.0242-57 _57- (4114/05) Z. Integration. This Agreement supersedes all prior agreements and negotiations between the Parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the Parties relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied, between or among them,other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless reduced in writing and signed by them or their successors in interest or their assigns. AA. Annexation Challenge. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to CITY or the terms of this Annexation Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNERS and DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals, and (ii) take such other actions as may be then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to CITY so that the annexation of the SUBJECT PROPERTY to CITY can be sustained and/or effected under the terms of this Annexation Agreement. CHI99 4398143- 7.01)L119.0242__52 _58- 0/14/0.5) IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk DEVELOPERS: Centex Homes By: Centex Real Estate Corporation, a Nevada Corporation, Managing General Partner Kris L. Anderson, Division Land Manager Dated: CHI99 4398143- -_7.001319.1)242,57 _59_ 0/14/05) LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Preliminary;=`, ,, t fry41hH+PUD Plat and Plan Exhibit C Zoning Code and City Subdivision Ordinance Exhibit D Development Plans Exhibit E Depiction of Offsite Water Mains and Sanitary Sewer Lines Exhibit F Form of 4-* ' nita y Sewer Interceptor Agreement Exhibit G Rob Roy('rt. 'k Interceptor Sewer Configuration Exhibit H Depiction of-Rt-t+t>Iii++�=t,i \` n+ti-3 -laf+t�t.+ileut I Tributary Parcels Exhibit I Depiction of Swale Exhibit J Depiction of Culvert Under Galena Road Exhibit K Depiction of On-Site Roadway Exhibit L Building Codes Exhibit M Fee Schedule Exhibit N Depiction of 4-'r,44,-I -1r+,4Parks Exhibit 0 Depiction of Signage Program Exhibit P Form of Recapture Agreement Exhibit Q Two P'ges of Grande Restrve Annexation Agreement Exhibit R _Depiction of the General Architecture for Improvements Exhibit kS Architectural Design Standards Exhibit T Legal Description of Bertram Homestead CHI99 4398143- -4> _2.99111_9_.0.242___57 -60- DRAFT 4/14/05 ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT By and Between JR YORKVILLE L.L.C., an Illinois limited liability company (Owner of Parcel A), JOHN ROSENWINKEL and SUSAN ROSENWINKEL,individually and as Trustees of EMR Trust No. 100,dated December 10,2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of Trust No. 2002,U/T/A dated September 19,2003 (Owner of Parcel B), CHICAGO TITLE LAND TRUST COMPANY,as Successor Trustee to FIFTH THIRD BANK, but solely as Trustee of Trust No.A2830 and SUSAN D. BERTRAM, individually and the holder of the Power of Direction in Chicago Title Land Trust Company,as Successor Trustee to Fifth Third Bank Trust No.A2830 (Owner of Parcel C), LAY-COM,INC., an Illinois Corporation (Owner of Parcel D) And T&R,L.L.C., an Illinois limited liability company (Owner of Parcel E) And CENTEX HOMES,a Nevada general partnership And UNITED CITY OF YORKVILLE CH199 4398143-7.001319.0242 TABLE OF CONTENTS Page 1. RECITALS 5 2. CONFLICT 5 3. LEGAL CONFORMANCE WITH LAW 6 4. ANNEXATION AND ZONING 6 5. DEVELOPMENT PLANS 7 6. PLATS OF SUBDIVISION 8 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS 11 8. WATER UTILITIES 11 9. SANITARY SEWER FACILITIES 12 10. WETLANDS AND STORMWATER MANAGEMENT 16 11. SECURITY INSTRUMENTS 22 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS 26 13. AMENDMENTS TO ORDINANCES 26 14. BUILDING CODE 27 15. FEES AND CHARGES 29 16. CONTRIBUTIONS 31 17. SCHOOL AND PARK DONATIONS 31 18. PROJECT SIGNS 33 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE 34 20. CON'RACTORS TRAILERS 36 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY 37 22. OVERSIZING OF IMPROVEMENTS 39 23. LIMITATIONS 39 CHI99 4398143-7.001319.0242 _i_ 24. RECAPTURE AGREEMENTS 39 25. ARCHITECTURE STANDARDS AND COVENANTS 41 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA) 41 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANK QUALIFIED DEBT 43 28. ONSITE EASEMENTS AND IMPROVEMENTS 44 29. CITY'S MUNICIPAL SERVICES 45 30. DISCONNECTION 46 31. SALE OF SUBJECT PROPERTY 46 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD 47 33. GENERAL PROVISIONS 48 CH199 4398143-7.001319.0242 -11- ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT (Bristol Bay Subdivision) THIS ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2005, by and between JR YORKVILLE L.L.C., an Illinois limited liability company (Owner of Parcel A), JOHN ROSENWINKEL and SUSAN ROSENWINKEL, individually and as Trustees of EMR Trust No. 100, dated December 10, 2002 and ELLA MAY ROSENWINKEL, individually and as Trustee of Trust No. 2002, U/T/A dated September 19, 2003 (Owner of Parcel B), CHICAGO TITLE LAND TRUST COMPANY, as Successor Trustee to FIFTH THIRD BANK, but solely as Trustee of Trust No. A2830 and SUSAN D. BERTRAM, individually and the holder of the Power of Direction in Chicago Title Land Trust Company, as Successor Trustee to Fifth Third Bank Trust No. A2830 (Owner of Parcel C), LAY-COM, INC., an Illinois Corporation (Owner of Parcel D) and T&R, L.L.C., an Illinois limited liability company (Owner of Parcel E) (hereinafter collectively referred to as "OWNERS") and CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "DEVELOPER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". CHI99 4398143-7.001319.0242 -1- RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as"SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" to the CITY and to amend and restate existing agreements relating to portions of the SUBJECT PROPERTY previously annexed to the CITY as identified on Exhibit "A" for the purposes of developing a residential planned unit development ("PUD") known as the Bristol Bay Subdivision together with commercial use parcels. C. OWNERS and DEVELOPER desire to proceed with the development of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a residential PUD under the R-2, R-2D, R-3 and R-4 Residential District provisions and the A-1 and B-3 Business District provisions of the CITY Zoning Ordinance ("Zoning Ordinance") as depicted on the zoning plat attached hereto and incorporated herein as Exhibit "B", to be developed with single-family detached, townhome, two-family, and multi-family residences, maintain a 2.1 acre tract as A-1 zoning classification and a commercial area within the B-3 zoned property, all as depicted on the Preliminary Plat attached hereto and incorporated herein as part of Exhibit"D". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted public hearings regarding the requested zoning and Preliminary Plat on CH299 4398143-7.001319.0242 -2- . The Corporate Authorities conducted a public hearing on this Agreement on F. The CITY, OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop a portion of the SUBJECT PROPERTY as a Planned Unit Development (PUD) for residential development establishing a unique character through the provision of a mix of residential, commercial, open space and regional stormwater management uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities, design standards and architectural controls, open spaces, a carefully integrated commercial use and maintaining a portion in its historical agricultural use and through the provision of orderly flow of traffic within the SUBJECT PROPERTY to and with adjoining real property. CHI99 4398143-7.001319.0242 -3-- (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that development of the SUBJECT PROPERTY will impact the services of the United City of Yorkville and other governmental agencies. (iv) Those portions of SUBJECT PROPERTY not within the corporate boundaries of the CITY are contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the Corporate Authorities, 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. K. In accordance with the powers granted to the CITY by the provisions of the Illinois Compiled Statutes, 65 ILCS 5/11-15.1-1 through 5/15.1-5, inclusive, relating to annexation agreements, the Parties wish to enter into a binding agreement with respect to the C1-11199 4398143-7.001319.0242 -4- annexation of the SUBJECT PROPERTY to the CITY and to provide for various other matters related directly or indirectly to the annexation of the SUBJECT PROPERTY as authorized by the provisions of said statutes. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the receipt and sufficiency of such consideration being hereby acknowledged by the Parties,the Parties hereby agree as follows: 1. RECITALS. The foregoing Recitals are incorporated herein and made a part of this Agreement. 2. CONFLICT. In the event of a conflict between the terms of this Agreement and any other annexation or similar agreement relating to any parcel previously annexed to the CITY, but which are not included as part of the SUBJECT PROPERTY, the terms of this Agreement shall control and prevail. As to those portions of any parcel previously annexed to the CITY which are not included as part of the SUBJECT PROPERTY for this Agreement, the terms of any preceding or existing agreement shall remain in full force and effect and unamended. As to any conflict between the terms of this Agreement and any CITY law, rules, ordinance, code, regulation, resolution or interpretation (whether judicial or administrative) of any such law, rule, ordinance, code or regulation including the Zoning Code and CITY Subdivision Ordinance (individually and collectively sometimes referred to herein as "Municipal Codes") copies of which are attached hereto as Exhibit "C", the terms of this Agreement and the terms of any such Municipal Codes in effect as of the date of this Agreement shall control and be effective as it relates to the SUBJECT PROPERTY. Any other term of this Agreement or Municipal Code, including the Zoning Ordinances, to the contrary CHI99 4398143-7.001319.0242 -5- notwithstanding, the SUBJECT PROPERTY shall be considered for all purposes as one (1) parcel notwithstanding separate ownership of all or part of the SUBJECT PROPERTY. 3. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Municipal Code, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed petition pursuant to and in accordance with the provisions of 65 ILCS 5/7-1-8 of the Illinois Compiled Statutes to annex the SUBJECT PROPERTY to the CITY or to amend any existing annexation agreement. 4. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2, R- 2D, R-3,R-4, A-1 and B-3 District provisions of the CITY Zoning Ordinance with a Special Use for a Planned Unit Development of those portions of the SUBJECT PROPERTY zoned under the R-2, R-2D, R-3 and R-4 provisions of the City Zoning Ordinance consistent with the terms of this Agreement. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the Municipal Codes, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. It is understood and agreed between the Parties hereto that the SUBJECT PROPERTY and each phase and parcel may continue to be used and occupied (without any change or CHI99 4398143-7.001319.0242 -6- alteration) for the current uses of the existing OWNERS and DEVELOPER of the SUBJECT PROPERTY and/or as are permitted in the zoning classifications set forth in this Paragraph 4. All current uses of the SUBJECT PROPERTY that are not permitted under the zoning classifications specified in this Paragraph 4 shall be considered legal,nonconforming uses. 5. DEVELOPMENT PLANS. Contemporaneously with the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance adopting and approving the following, all of which are on file with the CITY and hereby incorporated herein and made a part of this Agreement: A. Zoning Map prepared by and last revised ("Zoning Map"); B. Preliminary PUD Plat and Plan, prepared by and last revised ("Preliminary Plat"); C. Preliminary Engineering, prepared by and last revised ("Preliminary Engineering"); and D. Preliminary Landscape Plan, prepared by and last revised ("Preliminary Landscape Plan"), which includes the designation of tree preservation easements and standard. The Zoning Map, Preliminary Plat, Preliminary Engineering and Preliminary Landscape Plan are sometimes collectively referred to as the "Development Plans". The Development Plans are attached hereto as Exhibit"D". 6. PLATS OF SUBDIVISION. A. The SUBJECT PROPERTY may be developed in one or more phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at CH199 4398143-7.001319.0242 -7- any time during the term of this Agreement without any time limitation, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Development Plans and otherwise meet all the requirements of the CITY Municipal Codes, except as expressly and specifically modified by this Agreement. In addition, such phases shall be configured in such a manner that each such phase shall be served by all utilities and satisfy sound engineering and municipal land use practices. DEVELOPER shall provide at least one permanent point of access to a public road for each phase of development of the SUBJECT PROPERTY and a second Temporary point of access to a public road at those locations noted on the Preliminary Engineering until the neighboring property is developed at which time such Temporary road shall be abandoned in accordance with CITY requirements. Any such Temporary road shall be constructed sufficient to service police, fire, ambulance and other emergency vehicles for access to that portion of the SUBJECT PROPERTY under development and may, at DEVELOPER's option, be a gravel road. To the extent roadway and utility improvements are developed or installed in phases, the CITY shall inspect and accept the same on a phase by phase basis provided that such improvements are sufficient to service the phase developed on a stand alone basis. Final Plats may be submitted by DEVELOPER from time to time during the term of this Agreement without regard to any ordinance or regulation imposing any limitation or time frame with respect to such submissions. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty(60) days of its receipt of C11199 4398143-7.001319.0242 -8- such final plat, final engineering and all necessary supporting documentation and information by either (i) adopting such ordinances as may be required to approve such final plat and final engineering and to cause the CITY to process and execute any such final plat of subdivision or (ii) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or of this Agreement relied upon by the CITY in its request for corrections. Failure to issue such written denial in such time period shall constitute an approval of the final plat and final engineering and the CITY shall execute such final plat upon demand by DEVELOPER and DEVELOPER may proceed instanter with development of the SUBJECT PROPERTY as if such final plat and final engineering had been executed by the CITY. B. Excavation, grading work, filling and soil stockpiling, of all or any part of the relevant portion of the SUBJECT PROPERTY, may be undertaken by the DEVELOPER at DEVELOPER'S sole risk provided that all erosion and siltation control measures shown on the DEVELOPER submitted Erosion & Sediment Control Plans as reflected in the CITY's Soil Erosion and Settlement Control Ordinance (Ord. 2003-19), or as reasonably required by the CITY Engineer are in place in accordance with the Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, CITY ordinances and sound engineering practices. The CITY may request a bond be posted with the CITY in a reasonable amount to secure DEVELOPER's obligations under this Subparagraph B. DEVELOPER shall be required to take such actions as may be necessary to CHI99 4398143-7.001319.0242 -9- assure that such grading, filing and stockpiling ultimately complies with the approved Final Engineering for the SUBJECT PROPERTY. C. DEVELOPER may make minor changes to the Development Plans subject to the provisions of this paragraph 6C. All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: 1. A change in the use or character of the development. 2. An increase by more than five percent(5%) in the overall coverage of structures. 3. A relocation of any street, curb cut or intersection of more than twenty-five feet (25') in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. 4. A reduction of more than five percent (5%) in approved open space. In addition, any increase in the total number of dwelling units to be developed on the SUBJECT PROPERTY shall be subject to the following standards: 1. An increase of up to (2%) inclusive in total, may be approved by the CITY, without any public hearing, such approval not to be unreasonably conditioned, delayed or denied; 2. An increase from 2.01% to 4% inclusive in total, may be approved by the CITY, without any public hearing, such approval shall be within the sole discretion of the CITY; or CI-1199 4398143-7.001319.0242 -10- 3. An increase in excess of 4.01%in total or more shall be considered by the CITY in accordance with applicable CITY ordinances. The term "dwelling units", "residential units", "units" or any similar term used in this Agreement shall have the meaning set forth in the Municipal Code. 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations, as varied by this Agreement, substantially in accordance with the Development Plans. The CITY shall have the sole responsibility at no cost to the DEVELOPER for obtaining (i) any and all off- site easements for water distribution, storm sewers and/or sanitary sewer lines to implement the Development Plans, and (ii) sole responsibility for the construction of and the obtaining and applying of all funds for any and all off-site street improvements, watermains, storm detention lines and sanitary sewer lines as outlined in Exhibit"E". 8. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. That the CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. CH199 4398143-7.001319.0242 -1 1- C. That the CITY has constructed and will maintain an operational water storage tower contiguous to the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with IEPA permits. D. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 9. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District("YBSD") treatment facility located at 302 River Road,United City of Yorkville,Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is within the Facility Planning Area of Yorkville and within the Facilities Planning Area of the Fox Metro Water Reclamation District. The CITY shall use its best efforts, in good faith, to cause the prompt realignment of the boundary lines of the YBSD and Fox Metro Water Reclamation District so that the portion of the SUBJECT PROPERTY east of Cannonball Trail Road which is zoned R-3 PUD is part of and serviced by the Fox Metro Reclamation District. C11199 4398143-7.001319.0242 -12- D. That either (i) the Sanitary Sewer Interceptor Funding Agreement attached hereto as Exhibit"F" and incorporated herein is in full force and effect and is the legally binding agreement of the parties thereto and will be timely enforced by the CITY, including by litigation if necessary or (ii) an alternative means for assurance to DEVELOPER of the timely availability of sanitary sewer service to the SUBJECT PROPERTY generally consistent with the provisions of this Paragraph 9. The CITY has provided to DEVELOPER a copy of that certain "Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement" for the WestburyVillage Subdivision recorded with the Kendall County Recorder of Deeds as Document Number ("Westbury Agreement"), The Westbury Agreement includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy Interceptor Project ("Rob Roy Interceptor Sewer"). The CITY represents and warrants to DEVELOPER that the Westbury Agreement is in full force and effect and unamended. The CITY further represents and warrants to DEVELOPER that that portion of the Rob Roy Interceptor Sewer from point A to point B as shown on Exhibit "G" has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY, with the reasonable anticipation that the Rob Roy Interceptor Sewer will be completed to point B as reflected on Exhibit"G" on or before July 1, 2005. CHI99 4398143-7.001319.0242 -13- The CITY further represents and warrants to DEVELOPER that those easements or rights-of-way so as to allow for the continuous construction and use of the Rob Roy Interceptor Sewer from point A to point C as shown on Exhibit"G", are in place and in full force and effect except as to those segments specifically noted and depicted on Exhibit G". The CITY shall use its best efforts to provide to DEVELOPER, on or before April 27, 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue the construction of the Rob Roy Interceptor Sewer from point B to point C as shown on Exhibit "G" at the initial cost and expense of the CITY, with a reasonably anticipated completion of construction date of February 1, 2006. DEVELOPER agrees to execute such agreements as maybe reasonably required by the CITY in connection with such interim financing. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event that the CITY is unable to provide either a fully executed and enforceable Sanitary Sewer Interceptor Funding Agreement or evidence of the interim financing as provided for in this Paragraph 9, DEVELOPER may, in DEVELOPER's sole and absolute discretion, following thirty (30) days prior notice to the CITY given no earlier than September 1, 2005, but subject to and in coordination with the terms of the Westbury Agreement, construct or cause to be constructed such portion of the Rob Roy Interceptor Sewer as maybe required, in DEVELOPER's sole and absolute discretion, to CH199 4398143-7.001319.0242 -14- service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. The construction of any portion of the Rob Roy Interceptor Sewer by DEVELOPER shall be completed generally consistent with the plans on file with the CITY as of the Effective Date prepared by Walter E. Deuchler Associates, Inc. dated In such event, DEVELOPER shall receive a set-off as against any and all fees due to the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such costs, including what is known in the industry as "soft costs", plus a seven and one-half percent (71/4%) management fee, together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%), measured from the day of expenditure, until such amount is paid in full. Such amount shall be paid from the proceeds arising from any bond issued consistent with the Sanitary Sewer Interceptor Funding Agreement and from any parcel or third party user of all or any part of the Rob Roy Interceptor Sewer whether by means of recapture or through recovery of cost by the CITY through any and all sewer fees paid by users of the Rob Roy Interceptor Sewer. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2014 shall be due and payable by CITY on demand. CHI99 4398143-7.001319.0242 -15- CITY covenants and agrees to use its best efforts, in good faith, to collect all sewer fees and to not allow connections or use of the portion of the Rob Roy Interceptor Sewer constructed by DEVELOPER without imposing a recapture or recovery fee on such user and Benefited Property (as hereinafter defined) for the benefit of and payment to DEVELOPER. In the event DEVELOPER elects to construct all or any portion of the Rob Roy Interceptor as contemplated by this Paragraph 9, the CITY shall provide to DEVELOPER any funds or security which it holds from any third party relating to the Rob Roy Interceptor Sewer and shall further grant such permits and rights and grant such easements or rights to easements as maybe necessary or appropriate to allow DEVELOPER to commence and complete the Rob Roy Sanitary Sewer from point A to point C as shown on Exhibit"G". E. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the sanitary sewer system. 10. WETLANDS AND STORMWATER MANAGEMENT. The CITY agrees, represents and warrants to DEVELOPER that it shall provide and maintain sufficient stormwater management capacity on all or any part of the SUBJECT PROPERTY which is dedicated, conveyed or granted by easement to the CITY consistent with the terms of this Agreement, to perpetually service all or any part of SUBJECT PROPERTY all at no cost or expense to the DEVELOPER. The CITY shall construct, in a timely manner so as to allow for the immediate and prompt development of all or any part of the SUBJECT PROPERTY, a regional stormwater management facility within the SUBJECT PROPERTY ("Regional Stormwater Management CH199 4398143-7.001319.0242 -16- Facility") on those parcels identified on the Development Plans. The Regional Stormwater Management Facility shall be designed, constructed and maintained by the CITY on the property provided in the Development Plans for such purpose, and other property, estimated by the CITY to be approximately One Thousand Nine Hundred (1,900) acres, to service tributary properties and other properties deemed appropriate by the CITY, including at a minimum, all of the SUBJECT PROPERTY. DEVELOPER shall be entitled, at no cost or expense to the DEVELOPER, to the uninterrupted and continuing use of the Regional Stormwater Management Facility, for stormwater management purposes, for the benefit of the SUBJECT PROPERTY and for the benefit of any other properties with DEVELOPER may own, control or develop within such parcels identified by the CITY, to be within the tributary properties to be serviced by the Regional Stormwater Management Facility, such tributary properties being depicted on Exhibit "H" as prepared by the CITY. DEVELOPER, at is sole cost and expense, shall simultaneous with its grading and development of all or any part of the SUBJECT PROPERTY, in addition to its obligations under Paragraph 17 of this Agreement relating to Parks, construct or cause to be constructed a swale along the east boundary of the SUBJECT PROPERTY north of Galena Road as depicted on Exhibit "I". The CITY shall maintain the current, existing culvert under Galena Road so as to facilitate the movement of water into the area reflected on Exhibit"J". The swale and included weirs shall be timely designed by the CITY and approved by DEVELOPER, such approval not to be unreasonably denied, delayed or conditioned. Anything in this Agreement to the contrary notwithstanding, the DEVELOPER review and approval of any and all plans regarding the swale and included weirs shall be for the purpose of providing CITY with information as to DEVELOPER's objective and goals with respect to the SUBJECT PROPERTY and not for the purpose of determining the accuracy and completeness of such CHI99 4398143-7.001319.0242 -17- design and shall in no way create any liability on the part of the DEVELOPER for errors, inconsistencies or omissions in any approved documents nor shall any such review and approval alter CITY's responsibilities hereunder with respect to such documents, swale and weirs. The Regional Stormwater Management Facility shall be conveyed by DEVELOPER by deed or by a grant of a nonexclusive easement to the CITY simultaneous with the approval by the CITY of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY. Any portion of the Regional Stormwater Management Facility not conveyed to the CITY by deed simultaneous with the First Final Plat of Subdivision shall be conveyed by deed to the CITY at such time as DEVELOPER becomes the owner of that portion of the Regional Stormwater Management Facility on which an easement has been previously established consistent with this Paragraph 10. Any other term of this Agreement to the contrary notwithstanding, the CITY shall issue all permits, all certificates of occupancy and provide all approvals and assistance for the development of the SUBJECT PROPERTY as contemplated by this Agreement notwithstanding the fact that the CITY has not commenced or completed the construction of an operational Regional Stormwater Management Facility. CITY shall at no cost or expense to the DEVELOPER, on or before August 1, 2005, construct or cause to be constructed by the CITY with the CITY obtaining and applying all funds, a temporary outfall system and water storage area sufficient to service the portion of the SUBJECT PROPERTY under development. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event the Regional Stormwater Management Facility is not in place and operational for the benefit of the SUBJECT PROPERTY on or before September 1, 2006, DEVELOPER, following fifteen (15) days prior written notice to the CITY, may in CH199 4398143-7.001319.0242 -18- DEVELOPER's sole and absolute discretion, construct or cause to be constructed such portion of the Regional Stormwater Management Facility as may be required, in DEVELOPER's sole and absolute discretion, to service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. In such event, DEVELOPER shall receive a setoff as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such cost, including what is known in the industry as "soft costs", are paid in full together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%), measured from the date of the expenditure until such amount is paid in full. Such amount shall be paid by the City from the proceeds arising from any bond issued, from time to time, by the CITY relating to the Regional Stormwater Management Facility and from any third party user of all or any part of the Regional Stormwater Management Facility whether by means of recapture or through recovery of costs by the CITY through any and all fees adopted and applicable to use of the Regional Stormwater Management Facility by any parcel or third party user of all or any part of the Regional Stormwater Management Facility not including the SUBJECT PROPERTY. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2014 shall be due and payable by CITY on demand by DEVELOPER. CITY covenants and agrees to use its best efforts, in good faith, to collect all fees and to not allow use of the Regional Stormwater Management Facility if constructed by DEVELOPER without imposing a recapture or recovery fee on such user and Benefited Property for the benefit of and payment to DEVELOPER. CHI99 4398143-7.001319.0242 -19- The CITY may elect, at its sole and absolute discretion, to create upon all or any part of the SUBJECT PROPERTY which is dedicated or conveyed to the CITY consistent with the terms of this Agreement a "Wetland Mitigation Bank" pursuant to the principles, policies and procedures set forth in the United States Environmental Protection Agency's Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, 60 Fed. Reg. 58,605 (November 28, 1995), or any other existing or future guidance, rule, or other publication relating directly or indirectly to the restoration, creations, enhancement, or preservation of wetlands for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. To the extent that a Wetlands Mitigation Bank is created in whole or in part, on the SUBJECT PROPERTY, the CITY shall reserve and make available within the Wetland Mitigation Bank up to ten (10) acres of Credit for the benefit of the SUBJECT PROPERTY, at no cost or expense to DEVELOPER. The Wetland Mitigation Bank shall also be available to any other property owned, controlled or developed by DEVELOPER within five (5) miles from the outer extremity of the Wetland Bank at no cost or expense to DEVELOPER so long as any such property is within the corporate limits of the CITY. DEVELOPER shall be entitled to all rights associated with any and all mitigation bank credits (the "Credits") assigned to ten (10) acres of such Wetlands Mitigation Bank, and shall be entitled to use such Credits for any purpose consistent with applicable law. DEVELOPER shall have the right, in its sole discretion, to select any ten (10) acre portion, which need not be contiguous, of the Wetlands Mitigation Bank for which it will be entitled to the use of Credits pursuant to this Agreement. Based on the absence of immediately available CITY funds and in order to facilitate the coordinated design and construction of a Regional Stormwater Management Facility which may also include a Wetlands Mitigation Bank and which may include the maintenance of any CH199 4398143-7.001319.0242 _20_ wetlands currently located on portions of the SUBJECT PROPERTY, DEVELOPER shall engage a wetlands consultant ("Wetlands Consultant") to work with DEVELOPER, the CITY and other interested parties in the design of those portions of the SUBJECT PROPERTY which are wetlands or which will become wetlands or part of the Wetlands Mitigation Bank. The engagement by DEVELOPER of the Wetlands Consultant shall be subject to the prior approval of the CITY, which approval shall not be unreasonably denied, delayed or conditioned. The CITY hereby waives any and all claims or causes of action against DEVELOPER arising directly or indirectly from the design of the Regional Stormwater Management Facility and related wetlands or any impact on the SUBJECT PROPERTY resulting from the advice or actions of the retained Wetlands Consultant in the design of the Regional Stormwater Management Facility and related wetland matters; the CITY shall look solely to the Wetlands Consultant for any liability arising directly or indirectly out of the services provided by the Wetlands Consultant. All costs and expenses in retaining the Wetlands Consultant to design and prepare plans with respect to the construction of the wetlands shall be paid by DEVELOPER subject to reimbursement, from time to time, by the CITY for all out-of-pocket costs and expenses of the DEVELOPER in retaining the Wetlands Consultant together with interest on any amount so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2%) measured from the day of expenditure until such amount is paid in full. Such amount shall be paid by the CITY to DEVELOPER from the proceeds of any revenue bond issued by the CITY, from time to time, which bond must provide for proceeds for any expenditures for the design of the Regional Stormwater Management Facility and related wetland matters. If such a bond or bonds are not issued and funded within three (3) years from the Effective Date, the CITY shall pay to DEVELOPER such amounts as it may receive from CH199 4398143-7.001319.0242 -21- time to time from its portion of the Sales Tax Revenue under Retailers' Occupation Tax 35 ILCS 120/1 et. seq., Service Occupation Tax 35 ILCS 115/1 et. seq. and any other similar sales tax revenues in addition to or in lieu thereof received from any commercial user which is benefited by the Regional Stormwater Management Facility and included wetlands. If the DEVELOPER is not paid in full for the expense of the Wetlands Consultant on or before five (5)years from the Effective Date of this Agreement, DEVELOPER may elect to set-off as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such amount is paid in full. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2010 shall be due and payable by CITY on demand. 11. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY surety bonds ("Security Instrument(s)") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY, the DEVELOPER having elected to provide surety bonds consistent with Illinois law. To the extent that a Special Service Area has been established and bonds have been issued generally consistent with the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall be required to be deposited by DEVELOPER with the CITY with respect to those improvements included within such bond proceeds. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as CHI99 4398143-7.001319.0242 -22- to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY and shall relate only to those matters directly covered by each Security Instrument. The Security Instruments shall not provide for or be cross defaulted or collateralized and shall be treated and returned or reduced in accordance with this Agreement notwithstanding any issues, disputes or entitlements as to any other Security Instrument. The Corporate Authorities upon recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond equal to ten percent (10%) of the CITY engineer's reasonable opinion of probable cost after acceptance by the CITY of said public improvements. CHI99 4398143-7.001319.0242 -23- In the event DEVELOPER has deposited a Security Instrument with the CITY and the improvements covered by such Security Instrument are subsequently included in the Special Service Area and bonds issued generally consistent with the provisions of Paragraph 27 hereof, any such Security Instrument shall be returned to DEVELOPER within thirty(30) days of such bond issuable or reduced by the amount covered by such Security Instrument which is included in such bond. B. Dedication of Perimeter Roadways and On-Site Improvements. Subject to applicable governmental laws, ordinances and regulations, perimeter roadways to the Property as reflected on the Preliminary Engineering shall be dedicated, constructed, and/or bonded by DEVELOPER during independent phases of development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to such perimeter roadway. On site improvements shall be dedicated, constructed and/or bonded by DEVELOPER during independent phases of development at the sole discretion of DEVELOPER; provided that the on-site roadway as shown on Exhibit "K" shall be dedicated, constructed and bonded simultaneous with the approval of the First Final Plat of Subdivision relating to any part of the SUBJECT PROPERTY. Nothing herein requires construction of elements outside of the phase of development for which Final Plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in CH199 4398143-7.001319.0242 -24- each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30) days following the approval of the"as built"plans. D. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. Park areas, offsite water main, homeowners association open space areas) in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance CH199 4398143-7.001319.0242 -25- Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. 13. AMENDMENTS TO ORDINANCES. All and each of the Municipal Codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use 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 eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period, which consent may be withheld in OWNERS' and DEVELOPER's sole discretion. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature 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. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of CI-1199 4398143-7.001319.0242 -26- any improvements, buildings, appurtenances, fees or charges or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which Development Plans may be based, are amended or modified to impose less restrictive requirements on cost, development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 14. BUILDING CODE. The building codes and related codes and regulations of the CITY in effect as of the date of this Agreement are as set forth in Exhibit"L". These regulations 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 eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8)year period. After said eight(8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period; provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building units herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, alter the PUD standards set forth herein, nor CHI99 4398143-7.001319.0242 _2 7_ result in any subdivided lot, structure or units constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the six(6) month following the Effective Date of such amendments, deletion, or addition, whether during the eight (8) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 15. FEES AND CHARGES. A. The Fee Schedule applicable to the SUBJECT PROPERTY as of the date of this Agreement is set forth on Exhibit "M". Any other term of this Agreement or specifically the matters noted on Exhibit "M" to the contrary notwithstanding, no CHI99 4398143-7.001319.0242 -28- "County Road Fee" shall be applicable to all or any part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal County Road contributions, not to exceed One Thousand Dollars ($1,000) per unit, is in full force and effect among Kendall County and all incorporated Municipalities within Kendall County, Illinois within six (6) months after the Effective Date. B. During the first eight (8) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers at the time of the issuance of any building permit, only those charges, costs, permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto as Exhibit "M" and no new, replacement or additional fees or donations of any kind shall be applicable to the SUBJECT PROPERTY during the term of this Agreement. At the expiration of this eight (8) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations or to elect to prepay any such increased fees and charges for all units remaining to be built on the SUBJECT PROPERTY. CH199 4398143-7.001319.0242 _29_ C. Except as provided in Paragraphs 26 and 27 of this Agreement or any replacement tax to a tax in effect as of the date of this Agreement, the CITY shall not without the prior written consent of DEVELOPER: 1. Levy any special assessment, special tax or other charge against any real or personal property within the SUBJECT PROPERTY; 2. Undertake any local improvements in, on or for the benefit of the SUBJECT PROPERTY pursuant to the imposition of a special assessment or special tax against the SUBJECT PROPERTY, or any portion thereof; or 3. Levy or impose additional taxes on the SUBJECT PROPERTY, in the manner provided by law for the provision of special services to the SUBJECT PROPERTY, or to an area in which the SUBJECT PROPERTY is located, or for the payment of debt incurred in order to provide such special services. D. OWNERS and DEVELOPER shall promptly pay all outside (excludes employees of the CITY) professional fees (without markup by the CITY) incurred by the CITY through the date the SUBJECT PROPERTY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, including professional fees for engineering, planning and legal services, upon receipt of an invoice therefore from the CITY. All such fees shall be billed at fair and reasonable rates. 16. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. CH199 4398143-7.001319.0242 -30- 17. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making land and cash contributions to the Yorkville Community School District #115 ("School District") as set forth herein. The cash portion of the contribution to the School District in the amount of$ shall be paid commencing with the building permit and shall be payable at the time of the issuance of each subsequent building permit. OWNERS and DEVELOPER shall be responsible for making land contributions, not cash contributions, to the CITY for the benefit of Yorkville Park Department ("Park Department") of that portion of the SUBJECT PROPERTY designated on the Preliminary Plat of Subdivision in accordance with the Schedule on Exhibit "M". Any Park and/or open space shall be dedicated or conveyed subject to covenants that such parcels be forever maintained as public parks and/or open spaces for recreational and storm water management purposes. The Parks identified on Exhibit"N"as well as that portion of the Park depicted on Exhibit"N", being approximately one-third ('/3) of the Regional Park located north of Galena Road and at the east end of the SUBJECT PROPERTY, to accommodate four-six (4-6) CITY planned soccer fields shall be graded and seeded by DEVELOPER consistent with the City Park Development Standards existing on the Effective Date of this Agreement. The grading and seeding of that portion of the Regional Park located north of Galena Road at the east end of the SUBJECT PROPERTY shall be commenced simultaneous with DEVELOPER's grading and development of all or any part of the SUBJECT PROPERTY. All other improvements or matters relating to each Park identified on Exhibits "M" and "N" shall be the sole responsibility of the CITY. In addition, DEVELOPER shall pay to the CITY, simultaneous with the recording of the Final Plat of Subdivision which includes any of the Parks identified on Exhibit "N", Fifty Thousand CHI99 4398143-7.001319.0242 -31- Dollars ($50,000) for each of the four (4) Parks (a total of Two Hundred Thousand Dollars ($200,000)) for the CITY's use in providing play equipment and other amenities or vegetation for each such Park. The dedication or conveyance of the land contribution for the benefit of the School District and Park Department shall be made simultaneous with the approval of the Final Plat of Subdivision relating to the residential portion of the SUBJECT PROPERTY which is contiguous to any such school or Park site; provided that in all events (a) the dedication or conveyance of land for the benefit of the School District shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY; (b) the dedication of land north of Galena Road for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY north of Galena Road; (c) the dedication of land south of Galena Road for the benefit of the Park Department shall take place no later than the 3rd anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY south of Galena Road and (d) the dedication of land east of Cannonball Trail for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY east of Cannonball Trail. The CITY recognizes and acknowledges that each parcel reflected on Exhibits "M" and "N"will have a direct impact on the owners of each improvement and unit built or to be built on the SUBJECT PROPERTY. Accordingly, the configuration of each use on each such Park, the location and nature of any improved parking lot or facility serving each such Park, the lighting of each such Park and any other similar matter relating to each and every such Park shall be subject to the prior written approval of the DEVELOPER, which approval shall not be unreasonably C1-1199 4398143-7.001319.0242 -32- delayed, denied or conditioned. This right of approval shall automatically terminate upon the conveyance of the last approved improvement or unit to be constructed on the SUBJECT PROPERTY. No additional land, money donations or payments of any kind to the School District or the CITY for the benefit of the Park Department shall be required. 18. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize a minimum of two (2) off-site subdivision identification, marketing and location signs each containing a maximum of thirty- two square feet (3T) at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit"0" attached hereto. 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be CH199 4398143-7.001319.0242 -33- utilized for sales and construction offices for Bristol Bay. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to C11199 4398143-7 001319 0242 -34- install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to one hundred twenty-five (125) dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales or construction trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the CITY for any trailer that will be utilized for sales or construction offices. Prior to the location of any sales or construction trailer on the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which approval shall not be unreasonably denied, delayed or conditioned. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and CHI99 4398143-7.001319.0242 -35- proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each phase as the Final Plat and Final Engineering for each such phase is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 20. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or within public utility easements. 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY. A. The CITY agrees to issue within five (5) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing the DEVELOPER as to wherein the application does not conform to the stated sections of the Code. If requested by DEVELOPER, building permits shall be issued by the CITY in stages to permit construction of the foundation and building shell before approval of the final plans. The CITY shall not limit the CI-1199 4398143-7.001319.0242 -36- number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. B. DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master building blueprint or building plan unless the building permit application reflects major deviations from the approved master building blueprint or building plan. C. The CITY agrees to issue certificates of occupancy promptly upon notification therefore or promptly issue a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the Section of the Ordinance relied upon by the CITY in its request for correction. Failure to issue such written denial in such time period shall constitute an approval of the application and such certificate shall be deemed issued instanter. The CITY shall not limit the number of Certificates of Occupancy or the time of issuance of Certificates of Occupancy during the term of this Agreement. Temporary occupancy permits shall be issued when adverse weather conditions do not permit outside painting, landscaping, sidewalks, driveways, or final grading for individual homes. Final surfacing of driveways also may be deferred for weather conditions. Such painting, landscaping, sidewalks, grading CHI99 4398143-7.001319.0242 _3 7_ and driveway construction shall be accomplished or installed as soon as weather permits. Such additional temporary permits that may be required due to adverse weather conditions shall not be unreasonably withheld. The CITY shall grant individual occupancy permits to multi-tenant commercial buildings or in multifamily residential buildings on a store-by-store or unit-by-unit basis, but no such permit shall be issued unless work on portions of such commercial buildings or residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificates are to be issued will not be endangered by construction in progress and the building is safe for the area occupied. D. The CITY hereby agrees to issue no stop orders directing work stoppage on buildings or other development without setting forth the section of the CITY Municipal Code allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist. Other work may continue on any structure subject to a stop order after reinspection by the CITY indicates the violation has been corrected. 22. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 24A hereof, with OWNERS or DEVELOPER, as the case may be, providing for the payment of the cost of such oversizing by the owners of properties benefited by the same. The improvements which qualify as oversized and the identity CHI99 4398143-7.001319.0242 -3 8- of the benefited properties shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one neighborhood. 23. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65. Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 24. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements and to implement, if applicable, the provisions of Paragraphs 9 and 10 of this Agreement. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"P". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection CHI99 4398143-7.001319.0242 -39- of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. DEVELOPER acknowledges receipt of two (2) pages of the Grande Reserve Annexation Agreement attached hereto as Exhibit "Q" which provides for the potential for recapture or recovery from DEVELOPER for a portion of the water system to be constructed by the DEVELOPER of the Grande Reserve parcel. 25. ARCHITECTURE STANDARDS AND COVENANTS. The general architecture for the improvements within the residential neighborhoods are attached hereto and described in Exhibit "R" being the architectural renderings provided by the DEVELOPER and Exhibit "S" being the last draft, not yet adopted, of the proposed citywide architectural control ordinance. Residential improvements shall be constructed substantially consistent with the least restrictive of the matters reflected on Exhibit "R" and Exhibit "S" or as modified by DEVELOPER with the CITY's prior consent. The OWNERS and DEVELOPER agree to adhere to any citywide architectural control ordinances hereafter adopted by the CITY except to the extent that any of its provisions are more restrictive than Exhibit "R" and/or Exhibit "S". The OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to façade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow the existing anti- monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the Street, or catty-corner from another like building elevation. CHI99 4398143-7.001319.0242 -40- The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 24 of this Agreement. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA(DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, one (1) or more Homeowners Association ("Association(s)") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the CHI99 4398143-7.001319.0242 -41- Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area ("DSSA")to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANK QUALIFIED DEBT. At the OWNERS' and DEVELOPER' s request, the CITY will agree to establish a special service area("SSA") in an amount not less than $ or greater than $ to be utilized as a primary funding mechanism for installation of public improvements; provided, that portion of the SUBJECT PROPERTY zoned for commercial use, agricultural use or designated on the Preliminary Plat for a clubhouse, firestation, school or park site, shall not be part of the SSA. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established CH199 4398143-7.001319.0242 -42- pursuant to 35 ILCS 200/27-5 et seq., the cost of which shall be included in any administrative fee associated with the special service area. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The Parties understand that if the CITY issue debt in an amount greater than Ten Million Dollars ($10,000,000) ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. DEVELOPER agrees that in the event that the SSA bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non- Bank Debt because of the issuance of the SSA bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the SSA bonds, including but not limited to, additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro- rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its SSA bond issue in proportion to the total amount of special assessment bonds issued in that calendar year or other bonds issued by the CITY for any other parcel, party or otherwise. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be reported by Griffin, CH199 4398143-7.001319.0242 -43- Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the Parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the Effective Date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled"Market Card". 28. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Development Plans, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Development Plans and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER reflected on the preliminary engineering plans, the CITY agrees to be the lead agency in the relocation of those CH199 4398143-7.001319.0242 44- utilities. Upon OWNER and DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 29. CITY'S MUNICIPAL SERVICES. In addition to the matters specifically described in this Agreement, the CITY agrees, without additional charge, to provide the SUBJECT PROPERTY with such municipal services as are provided generally to the public to comparable properties located within the CITY. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Bristol Bay Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shallnot, as either the OWNERS or DEVELOPER of said SUBJECT PROPERTY, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. SALE OF SUBJECT PROPERTY. It is expressly understood and agreed that the OWNER or DEVELOPER may sell or convey all or any part of the SUBJECT PROPERTY for the purposes of development for resale, and upon each sale or conveyance, the purchaser shall be bound by and entitled to the benefits of this Agreement with respect to the part of the SUBJECT PROPERTY sold or conveyed. The OWNER or DEVELOPER shall notify the CITY of such purchase or agreement or assumption of responsibilities. A selling OWNER of all or any portion of the SUBJECT PROPERTY, however, shall be released of its prospective obligations under this Agreement only where: CHI99 4398143-7.001319.0242 -45- 1. Provision has been made that all improvements required by this Agreement or CITY ordinance for the development of the portion of the SUBJECT PROPERTY being sold will be installed and guaranteed in accordance with this Agreement and the ordinances of the CITY;and 2. The CITY has remaining in place guarantees of performance to assure the CITY that any development responsibilities not yet satisfactorily completed by the OWNER or DEVELOPER anywhere on or offsite of the SUBJECT PROPERTY will be completed; and 3. Any outstanding monetary obligations of the OWNER or DEVELOPER due and payable to the CITY as of the time of conveyance have been satisfied in full; and 4. There is no uncured violation of the Municipal Code or this Agreement. 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD. The structures currently located on that portion of the property zoned A-1 commonly referred to as the Bertram Homestead and legally described on Exhibit"T" ("Bertram Homestead") shall not be demolished or substantially altered by DEVELOPER without the prior consent of the CITY, which consent may be withheld in the CITY's sole discretion. The Bertram Homestead is not the subject of the Planned Unit Development affecting other portions of the SUBJECT PROPERTY. Any other term of this Agreement to the contrary notwithstanding, DEVELOPER shall maintain the structures located on the Bertram Parcel in substantially the same condition existing on the date of this Agreement, ordinary wear and tear or casualty excepted provided DEVELOPER shall have no obligation to rebuild, repair, replicate or replace all or any part of CH199 4398143-7.001319.0242 -46- any current structures currently located on the Bertram Homestead in the event of a casualty. The CITY shall provide to DEVELOPER a detailed written baseline report as to the condition of the Bertram Homestead as of the Effective Date. The Bertram Homestead shall include as a permitted zoning use: sales of antiques as well as sales yards and greenhouses, both wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. 33. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the Parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty or improved lot or a lot improved with one or more dwelling units who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C1E99 4398143-7.001319.0242 -47- C. Fair Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the Parties. The Parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the Parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed facsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS or Centex Homes—Illinois Division DEVELOPER: 2205 Point Boulevard Elgin, Illinois 60124 Attn: Kris L.Anderson with copies to: Centex Homes—Midwest Division 14850 Scenic Heights Road Suite 125 Eden Prairie, MN 55344 Attn: Joel S. Reed McDermott Will& Emery LLP 227 West Monroe Street 47th Floor Chicago, IL 60606 Attn: Fred I. Feinstein, P.C. (II) If to City: United City of Yorkville CH199 4398143-7.001319.0242 -48- Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553-7575 with a copy to: Wyeth Heitz &Bromberek 300 E. Fifth Avenue, Suite 380 Naperville, IL 60563 Attn: John J. Wyeth or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the Parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without CHI99 4398143-7.001319.0242 -49- the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and 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 twenty (20)years as to that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" and the maximum time permitted by Illinois law, not to exceed twenty (20) years, as now applicable to those portions of the SUBJECT PROPERTY previously annexed to the CITY. In the event the annexation of the SUBJECT PROPERTY, the classification of the SUBJECT PROPERTY for zoning purposes or other terms of this Agreement are challenged in any court proceeding, the period of time during which such litigation is pending, shall extend the term of this Agreement day-for-day for the date of the filing of such action to and including the date of any final nonappealable order. In the event construction is commenced within said twenty-year period all of the CHI99 4398143-7.001319.0242 -50- terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. 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 CHI99 4398143-7.001319.0242 -5 1- contained in this Agreement shall be performed in a timely manner by all Parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Exhibits. All exhibits referenced herein are attached hereto and made a part hereof. R. Approvals. When the approval of OWNERS, DEVELOPER or CITY is required or contemplated by the terms of this Agreement, such approval shall not be unreasonably withheld, delayed or denied unless specifically provided to the contrary in this Agreement. S. Release of OWNERS. At such time as the OWNERS have conveyed all of their respective parcel to DEVELOPER, from and after the date of such conveyance the OWNER shall not any longer be entitled to the benefits or be responsible for the obligations or indemnities for acts or omissions occurring subsequent to OWNER's conveyance of their respective parcels set forth herein provided in no event shall any indemnity of DEVELOPER be terminated by any sale or conveyance of all or any part of the SUBJECT PROPERTY. T. Liquor Licenses. The CITY shall not limit the number of liquor licenses for the sale and/or consumption, as the case may be, of alcoholic beverages in establishments on the SUBJECT PROPERTY provided (i) that each applicant for CHI99 4398143-7.001319.0242 -52- a liquor license must meet each and every provision of the CITY's liquor control ordinance including the number of total permitted liquor licenses and the Liquor Control Act of 1934 (235 ILCS 5/1-1 et. seq.) relating to applications, qualifications, regulations and restrictions for operators of establishment serving, dispensing or selling alcoholic beverages and (ii) nothing herein shall limit the legal discretion of the Mayor, as liquor commissioner, and the CITY from denying the issuance of any liquor license. U. City. When the term the CITY is used herein it shall be construed as referring to the Corporate Authorities of the CITY unless the context clearly indicates otherwise. V. Facilitation of Development. It is understood and agreed that the successful consummation of this Agreement and the development of the SUBJECT PROPERTY in the best interests of all the Parties requires their continued cooperation. DEVELOPER hereby evidences its intention to fully comply with all CITY requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the CITY to the fullest extent possible. The CITY does hereby evidence its intent to,when requested, always cooperate in the resolution of mutual problems, and its willingness to facilitate the development of the SUBJECT PROPERTY, as contemplated by the provisions of this Agreement, including but not limited to assisting DEVELOPER in obtaining all governmental approvals or permits necessary or desirable for the development of the SUBJECT PROPERTY in accordance with this Agreement from all federal, state, county and other governmental or quasi-governmental entities, CHI99 4398143-7.001319.0242 -53- including but not limited to the Illinois Department of Transportation, the Illinois Environmental Protection Agency and/or the Army Corps of Engineers. To the extent permitted by law, at the request of the DEVELOPER, the CITY shall utilize its power of eminent domain to acquire such properties or rights as may be necessary, appropriate or desirable to implement the construction and/or operation of the SUBJECT PROPERTY, or any adjacent property owned or controlled by DEVELOPER. DEVELOPER shall indemnify, defend and hold the CITY harmless from and against all expenses and costs in connection with or in any way related to the utilization by the CITY of its power of eminent domain and in the acquisition of such properties or rights including, without limitation, the cost of acquisition. In the event, or during the term of this Agreement, DEVELOPER acquires additional property contiguous to the SUBJECT PROPERTY and petitions to annex such property to the CITY, the CITY shall cooperate in annexing such additional property to the CITY under terms generally consistent with the terms of this Agreement; provided, that such annexation is in compliance with then existing applicable laws and regulations. The terms of any annexation agreement with respect to any such properties shall be subject to the reasonable approval of DEVELOPER and the CITY, such approval not be unreasonably delayed or denied. W. Electric, Gas, Telephones and Cable TV. The installation of the necessary and appropriate onsite electric, natural gas, cable, television, and telephone services to the SUBJECT PROPERTY shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CHI99 4398143-7.001319 0242 -54- CITY agrees to cooperate with the OWNERS to permit the extension of all such utilities along existing public right-of-ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the SUBJECT PROPERTY or any parcel or phase thereof. X. All Action Taken. The CITY hereby represents and warrants to DEVELOPER that it has taken all action required by law, including the holding of such public hearings as may be required, to bring about the amendments and exceptions to the CITY Zoning Ordinance, the CITY Subdivision Ordinance and other related ordinances, and the adoption of such other ordinance amendments, exceptions and variances, as may be necessary or proper in order to zone and classify the SUBJECT PROPERTY, so as to enable the same to be used and developed as contemplated herein and to enable the Parties to execute this Agreement and fully carry out all the covenants, agreements, duties and obligations created and imposed by the terms and conditions hereof. Y. Agreement Mutually Prepared. This Agreement has been the subject of negotiations and has been prepared by counsel for the CITY as well as counsel for the DEVELOPER and OWNERS and neither shall be construed as the sole author of this Agreement. Z. Integration. This Agreement supersedes all prior agreements and negotiations between the Parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the Parties relative to the subject matter hereof, and there are no promises, agreements, conditions, or CHI99 4398143-7.001319.0242 -55- understandings, either oral or written, expressed or implied, between or among them, other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless reduced in writing and signed by them or their successors in interest or their assigns. AA. Annexation Challenge. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to CITY or the terms of this Annexation Agreement is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNERS and DEVELOPER in the vigorous defense of such action through all proceedings, including any appeals, and (ii) take such other actions as may be then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to CITY so that the annexation of the SUBJECT PROPERTY to CITY can be sustained and/or effected under the terms of this Annexation Agreement. CH199 4398143-7.001319.0242 _5 6_ IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk DEVELOPERS: Centex Homes By: Centex Real Estate Corporation, a Nevada Corporation,Managing General Partner Kris L. Anderson, Division Land Manager Dated: CHI99 4398143-7.001319.0242 -57- LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Preliminary PUD Plat and Plan Exhibit C Zoning Code and City Subdivision Ordinance Exhibit D Development Plans Exhibit E Depiction of Offsite Water Mains and Sanitary Sewer Lines Exhibit F Form of Sanitary Sewer Interceptor Agreement Exhibit G Rob Roy Interceptor Sewer Configuration Exhibit H Depiction of Tributary Parcels Exhibit I Depiction of Swale Exhibit J Depiction of Culvert Under Galena Road Exhibit K Depiction of On-Site Roadway Exhibit L Building Codes Exhibit M Fee Schedule Exhibit N Depiction of Parks Exhibit 0 Depiction of Signage Program Exhibit P Form of Recapture Agreement Exhibit Q Two Pages of Grande Reserve Annexation Agreement Exhibit R Depiction of the General Architecture for Improvements Exhibit S Architectural Design Standards Exhibit T Legal Description of Bertram Homestead C11199 4398143-7.001319.0242 -58- 52 Wheeler Road • Sugar G-rove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com Englnssring Entsrprisss. Inc_ April 15, 2005 Mayor Arthur F. Prochaska, Jr. United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor Between U.S. Route 34 and Base Line Road United City of Yorkville, Kendall County, Illinois Dear Mayor Prochaska: Thank you for the opportunity to submit this proposal for professional services, consisting of professional civil engineering services, for the referenced project. The roadway corridor that has been identified for this study is that 4.2 mile corridor between U.S. Route 34 and Base Line Road which lies approximately one mile west of Illinois Route 47, also being about midway between Route 47 and Eldamain Road. Beecher Road, which occupies a 2.5 mile segment between Faxon Road and Galena Road, is the only existing road within this corridor. Considering the existing traffic on Route 47 and the extreme development interest on the north side of the City, the need for an additional major collector to move traffic in this area of the City is unquestionable. Obviously, funding for construction of a roadway within this corridor is a major concern, but the first step in analyzing funding options for this or any other roadway project is a feasibility study which identifies potential costs and alternatives. Our proposal presents in more detail below the following items: Project Description, Scope of Services, Fees and Conditions, Qualifications and Acceptance. As always, we appreciate your consideration of this proposal and look forward to working with you and the United City of Yorkville in studying the all too important project. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 2 of 9 PROJECT DESCRIPTION The United City of Yorkville, (City), hereinafter called Client, has developed a 2030 Transportation Plan, in which is proposed a western roadway corridor, from Base Line Road, following the general alignment of Beecher Road, with a southerly extension across the Fox River and with a potential connection to Greenbriar Road. In the pursuit of assistance to the City and to expeditiously respond to the need to alleviate traffic congestion within the Illinois Route 47 corridor as development activities continue, Engineering Enterprises, Inc. respectfully submits this proposal. Engineering Enterprises, Inc. proposes to provide professional engineering services for a Western Roadway Corridor Feasibility Study from U.S. Route 34 northerly, crossing Rob Roy Creek, Faxon Road, the BNSF Railroad, Corneils Road and Galena Road, to Base Line Road, a distance of approximately 4.2 miles, as shown on the attached Exhibit A. Both an above grade and a below grade structure for the crossing of the BNSF Railroad will be studied. SCOPE OF SERVICES Our firm proposes to furnish the necessary personnel, materials, equipment and transportation to make necessary investigations, measurements, computations and analyses to perform professional engineering services for the above referenced project with the understanding that local or private financing will be utilized to fund the project. Funding assistance from the Illinois Department of Transportation and Illinois Commerce Commission Grade Crossing Protection Fund will be explored and solicited. The Feasibility Study will be prepared in accordance with the detailed scope of services listed below. Major work items are described in more detail as follows: Task 1 — Area Transportation Overview/Background The United City of Yorkville and surrounding communities are experiencing rapid development and the associated increases in traffic volumes. The main impediment to moving north-south traffic is obviously the capacity of Illinois Route 47. There are a number of studies that have been prepared that included crossings of the Fox River such as the Prairie Parkway Study, the Eldamain Road Study and the east side river crossing study. The timing, feasibility and implementation of these projects will be reviewed as they relate to this study. Task 2 — Data Collection An inventory of the existing and proposed roadways (inclusive of all known proposed subdivisions) in the study area will be conducted to determine the existing and proposed roadway cross sections, intersection geometrics, profiles and speed limits. Mechanical traffic counts will be conducted to determine hourly volumes throughout the day and will also classify vehicles by type. These counts, at a minimum, will be conducted on U.S. Route 34, Faxon Road, Corneils Road, Galena Road and Base Line Road. Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 3 of 9 Traffic data collection will include but will not be limited to: the United City of Yorkville Transportation and Land Use Plans and traffic accident data; Kendall County Highway Department right-of-way, roadway improvements, traffic volume, and land use planning data; Illinois Department of Transportation right-of-way, traffic volume, roadway improvements data, railroad data and the Chicago Area Transportation Study traffic volume projections. Research and identification of any programmed City, County or State transportation improvements in/or adjacent to the study area will be researched and provided. Major planned improvements in adjacent municipalities will also be evaluated for their potential impact in handling increased traffic volumes. Task 3 — Traffic Projections/Assignments The basic project scope is to determine the feasibility of developing an alternative local north/south transportation connection between U.S. Route 34 and Base Line Road, located approximately midway between Illinois Route 47 and Eldamain Road. The new road connections and extensions will alter existing travel patterns in the area. To determine the impact these traffic alterations will have on area roadways and intersections, projections for 20 year volumes will be prepared. The available existing traffic data and collected traffic data will be used as a base for the projections. The projections will be prepared for average daily traffic and the AM and PM peak hours at the following intersections with the proposed roadway corridor: • U.S. Route 34 • Faxon Road • Corneils Road • Galena Road • Base Line Road These projections will be forwarded to the Chicago Area Transportation Study for their concurrence. Task 4 — Intersection Analyses The projected peak hour traffic volumes will be used to determine the preliminary capacity and geometric needs of the proposed roadway and of the intersection connections as noted above. Task 5 — Environmental Inventory An environmental reconnaissance and review of the existing and potential issues, conditions and resources will be conducted to inventory, identify and screen those concerns within the study area that will need to be further addressed in a subsequent Phase I study. As a minimum, the land use issues, the sensitive areas of parks and other recreational Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 4 of 9 areas, floodplains, waterways, wetlands, historical sites, special waste areas, endangered species and natural areas will be assessed and reported on. We will make an initial submittal to the Illinois Historic Preservation Agency to determine if any additional investigation is required. If it is determined that a Phase I archeological study is required, a separate proposal will be furnished to address this requirement. We will make initial submittals to the Illinois Department of Natural Resources and the US Fish and Wildlife Service for determination of the impact relative to the Endangered and Threatened Species Act. If it is determined that further study is required, a separate proposal will be furnished to address this requirement. We will review the National Wetland Inventory maps and make a field reconnaissance to determine the need for further investigation. If a wetland determination and delineation is required, a separate proposal will be furnished to address this requirement. We will review the regulatory floodplain and floodway maps prepared by Federal Emergency Management Administration and utilizing the data we have compiled during the Rob Roy Creek Study to determine the potential hydraulic impact of the project. The scope of analysis required for the various permits required will be evaluated. We will review the applicable regulations and permitting issues and requirements of the US Army Corps of Engineers to determine what impacts may be anticipated. We will conduct a preliminary records search to determine the potential for special waste sites in the vicinity of the project. Field visits to confirm sites will be conducted, as needed. Task 6 — Railroad Crossing Alternatives and Preliminary Evaluation We will identify and evaluate a minimum of two railroad crossing alternatives for crossing of the BNSF Railroad. Both a below grade and an above grade structure for the crossing of the BNSF Railroad will be preliminarily reviewed. EEI will contact the BNSF Railroad and the Illinois Commerce Commission to determine the feasibility and funding availability for each of the crossing alternatives. Task 7 — Rob Roy Creek Crossing Structure We will identify, develop and evaluate a minimum of two structure alternatives and contact the Illinois Department of Natural Resources and the U.S. Army Corps of Engineers to determine the feasibility for crossing Rob Roy Creek at the proposed location. A preliminary report for the preferred proposed structure will be provided. Task 8 —Geotechnical Inventory and Survey An inventory and review of existing soils data, existing boring logs and mapping of the soils and conditions will be provided. Natural Resource Conservation Service Maps, National Wetland Inventory Maps, U.S.G.S. Maps and other sources of information that are identified Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 5 of 9 will be utilized. Soil borings will not be provided as a part of this study at this time unless otherwise directed and authorized by a separate agreement. Task 9 — Preliminary Stormwater Analysis We will identify the limits of the affected drainage basins and will determine the stormwater requirements for the new impervious area based on a 0.15 cfs/acre release rate and other applicable parameters to be compliant with the City and County Stormwater Requirements. A preliminary hydrologic analysis will be performed to determine locations and preliminary design requirements for cross culverts. Alternative locations for required detention will be evaluated and recommendations will be provided. Appropriate storm sewer and conveyance channel locations will be identified along the proposed route to ensure adequate right of way is obtained to provide drainage appropriate for the project. Stormwater preliminary design will be for the 100-year critical duration event unless otherwise directed. Task 10 — Geometric Alignment Analysis A general corridor has been identified for the proposed roadway as shown in Exhibit A. The preferred roadway alignment will generally be within the identified corridor and the alignment will be fine tuned based on the creek crossing, railroad crossing, environmental, geotechnical and stormwater evaluations. Alternate alignments on specific sections of the corridor may also be developed and evaluated. A preliminary plan and profile will be developed for the alignment and any alternates using a design speed as determined during this study. Typical pavement cross sections will be developed for each segment along the corridor. Existing available County contour maps will be used for development of the vertical and horizontal alignment. No field survey or topographic work will be performed at this time. Task 11 — Utility Identification and Inventory We will research, identify and inventory the various existing and proposed utilities that may affect the roadway project. Task 12 — Right-of-Way Determination We will identify the appropriate right-of-way requirements and list the parcels that would be affected. This will include the current Parcel Identification Number (PIN) and the apparent property owner. The amount of right-of-way required will be based on the requirements resulting from this study. Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 6of9 Task 13 — Permits EEI will research, identify and summarize the various permits that may be required from the identified applicable agencies. However no permits will be applied for nor obtained as a part of this scope of work. Task 14— Preliminary Cost Estimates We will provide an opinion of the probable construction costs based on the preliminary design as determined for an urban or rural pavement cross section as directed by the City inclusive of drainage, structures, lighting, intersection and connecting street improvements. Task 15— Project Meetings It is anticipated that there will be a number of project meetings to discuss the expectations and findings of the study. Four project meetings with City Staff are included in the scope of services. Task 16 — Documentation Reporting and Executive Summary A report will be provided summarizing the findings of the feasibility study with appropriate data, opinion of probable construction cost and graphics documenting the findings. The report format will be appropriate for submission to the Illinois Department of Transportation and other agencies as necessary. A total of 30 copies of the report will be provided. Task 17 — Exhibits In order to convey the scope of the proposed project, we will prepare exhibits that will identify typical cross sections, a proposed plan and profile, structure schematics, intersection improvements, right-of-way requirements and identified existing wetlands and floodplains. Existing aerial photos and two-foot-contour maps as are available will be used to develop the exhibits. Task 18 — Schedule The Feasibility Study will be completed within 120 days from the date of authorization to proceed, subject to any review time required of other agencies, beyond our control. FEES AND CONDITIONS The proposed method and amount of payment for Professional Engineering Services for the Feasibility Study is Lump Sum $99,939.00. Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 7 of 9 Payment for all work will be based on invoices submitted periodically by our firm, but not more frequently than monthly as the work progresses. Invoices will be payable by the Client within 30 days of the date of the invoice. The following tasks are excluded from the Scope of Services to be provided by our firm: Structural Engineering; Environmental Engineering; Field Tile Investigation; Soil Borings; and Land Surveying Services. Additional assignments or tasks not described above will be performed as directed, at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1, 2005, or in accordance with a separate proposal. This proposal shall be in effect for a period of 45 days from the date of this proposal. If this proposal is not accepted within that period of time, our firm reserves the right to withdraw or revise this proposal. The City shall provide full cooperation and information as to the requirements of the project and assist the Engineer by placing at his disposal all available information pertinent to the Project, including maps, topographical data, previous reports and other data relative to this study. This Agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the Engineer shall prepare a final invoice and be due compensation for all costs incurred through the date of termination. All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the Engineer on behalf of the City for the Services provided herein shall be used solely for the intended project. The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the City and signed by the Engineer. This Agreement shall ensure to the benefit of the parties hereto, their heirs, successors and assigns. QUALIFICATIONS Engineering Enterprises, Inc. is actively engaged in the planning, design and construction of both public and private transportation improvement projects requiring professional engineering and land surveying services throughout northern Illinois. Our staff has the experience, enthusiasm and commitment to provide the required services in a reliable, timely and cost effective manner. While various members of our firm will perform the work on this project, the principal contacts with our firm will be Mr. John T. Whitehouse, P.E., P.L.S., Senior Project Manager and Mr. Ronald G. Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 8 of 9 Naylor, P.E., Senior Project Manager. The project team will additionally be comprised of, but not limited to, Mr. Jeffrey W. Freeman, P.E., Senior Project Manager, Mr. Stephan W. Grabowski, Senior Transportation Planner and Mr. Jason M. Bauer, E.I., Project Engineer. Mr. James K. Michels, P.E., President, will be available as required. ACCEPTANCE Upon acceptance, we will give our full attention to the project so that the study may be performed as soon as practicable, consistent with performance of our services, and other considerations. If the Project Description, Scope of Services, Fees and Conditions, as cited above are satisfactory, please indicate your acceptance by signing both of the enclosed proposals and returning one of them to us for our records. We welcome the opportunity to submit this proposal for professional services to you for your consideration. We look forward to working with and for you on this exciting project. Respectfully submitted, ENGINEERING ENTERPRISES, INC. 0 11 _D:\ •gNF) 7AN \ • Jeffrey W. Freeman, P.E. Senior Project Manager / 1 • WV4764C—.. John T. Whitehouse, P.E.,l. P.L.S.. Senior Project Manager JTW/jtw Enclosures pc: Mr. Tony Graff, City Administrator Mr. Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Traci Pleckham, Finance Director Mr. John Wyeth, City Attorney Ms. Liz D'Anna, Deputy Clerk JKM, JTW, DMT— EEI Mayor Arthur F. Prochaska, Jr. United City of Yorkville April 15, 2005 Page 9 of 9 AGREEMENT All terms and conditions to this Agreement for Professional Services accepted this day of , 2005. By By UNITED CITY OF YORKVILLE Organization 800 Game Farm Road Address Yorkville IL 60560 City State Zip p 1 ' 1 Acceted this `Jday of 1 , 2005. ENGINEERING ENTERPRISES, INC. Organization 52 Wheeler Road (corporate seal) Address Sugar Grove IL 60554 moo`` G ENTER 0/ii,, State Zip Q-;- �-- =�4% 184-2003 To (62-2866 (A SI By c ; PROFESSIONAL Senior Project Manager DESIGN ;Z 1W\ FIRM /p By ,ecretary ///ii;`&L f N`o‘5����``��\ ..ii 7/ . ' ,,p, ,., - .''''' ,v --"'".4 t',;;;. "t0,1y - Ili i , ,. 0� 0 ,. • • ir" •"y1i+#, • i ` 0 3,000 .,r1�-w'e �. f. ',-5..'.'y°,.�, .....,,,...,,i*..... * ,� 'i,;•; �"i Feet d•T,, p a _ ' ,'.ya"� dry' EXHIBIT A 7 ,` v• '` 4 ti1 ,i ,r' '* WESTERN �11IerRct Si + �►'�' . i ' *t ' ;n ROADWAY CORRIDOR C w NAS E. . ,,� �"� t f.t, FROM U.S. ROUTE 34 ,terr-- TA' TO BASELINE ROAD 0,..3 „,„ �,- i. i Park Ave ., 1, ,,,.., . r °=„ . 0 Berkshire Ln UNITED CITY OF $ .„ „. . o li k _._. �, . �, . •a. _ # Y VILLE, ILLINOIS -=z, `' „,,..4. ` : "� 4 tat 1 Project Corridor •,;.,..*,.,"6:''' is E� "lil .” � . N S 3 Planned Roadway 6 „ �., •..� r�'Lti II ii: I Future Roadway ate + � � � i Yorkville , rk0 1� i United State‘.... Meadov + P ° Terny Dr-'.. . sugar trove r,y } -arca,,,,, �J r,�,....�,>•r^--- t x.,,.. ,,tr<.�w..... x Streams I "r. aK , - ;+'� rr4W�-{k ,r' .,':•,,,,,,1„),".:17_,-'-•!,.:' �'� - APRIL 2005 Y0041911.mxd �` a thaw Cross S oy St •*,__ , ,, • t J 1 - I hi ,Sii ,. '- - �,” ,-......„ 1„` , ''*;51- q { ,,MI pIg St �'•Bedford:A e' ”, ,,, ' 1 4 fY. ^ ., �q w 1 .aMr$ ,g,.c; of Y • Rr 1f:1� .4•11:-. � t .ii.' ~,. 1i th. ,,t laiAa r U + , er t.C` u T— 1+ ��"^ 2. � cc e S . a) , mop 'r • t ,, • st ., [ _. j .'^ ' 111 a Y , 1 :LLi fir_, # r j S �< a , t ' It 4 I r `; meg. •: t► r„ It„,, • i May{ ***4****,,,*-, �e%AG A r Sx re w✓r ' �.9� 'a , k k 3 a E i': ` S • • e G! xfi' . y Yk54, �as 7 P. � � "S+iYC i'' a..z Ci .,* r > � PROJECT `y a Rd B a , ""'United States Highway 30 r• ' ENDS °~ ` ;; - rte : r ,{ _ A<D "' a. F?5s 4 4r {. ' ft s ` yY: M t ., Ar wit k �I. ' * , ego ,-":"1.,,�' ` _ --� Ga epa ; ;, t kms. r "� PROJECT LENGTH rR ► t : ;`¢. .`" 'SaktiEr ,=.. I" . APPROX. 4.2 MILES T; ;,yn �r . ti. , i` 1 ra Y • :'- I ," 1°��, ' r i „: .: 1 x .. .re•tmw M1x: 7 1 - _ 0 Mill Rd , . xcf .'b i I � Raymond o -. `�.� �1 Ilr .i,, rk .'Y bN rneils R#! �<tr ,, i ,i'',,,•,.' r' 4 `te :� _: :1' 4 eo o itv, r` ? is '^ r??:_lkl.'44'47:...1!.- )‘: " .j. i t '`' ` '��t ,,,gyp �' �= 'W ''7. �' ` • ]pr a.- .,..:"* - '�'� #1 Ar't -`+�'-�• ;fie*. .n. ..d� "i •'` +'f" '_+�''"I� l . iiii, _. , A t,- CO. r_ `/ Mt igt axon Rd , �.�yam.- +/ r ►m7! t : > ,•'-k 4. d., ate:'..,,1177;-",•`:00:-,41:111‘11/. f P77._...,,,_ ROJECT M �x , r BEGINS c� �" :-' •,.. <• • _ „ a +a , t Vm , , �,- y�/ � /� ate ' , +-t I ' i �r f� hw 34 A 1 o k 1 l ed�� s`"' r, r / :,. • John ay J� ' ;r" ,,' 4; • 1 • f' ,ice .'.. r�c". .y :,/, �' lif 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 STANDARD SCHEDULE OF CHARGES January 1, 2005 www.eeiweb.com EnginssrIng Entsrprisss. Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $138.00 Senior Project Manager E-2 $126.00 Project Manager E-1 $114.00 Senior Project Engineer/Surveyor P-5 $102.00 Project Engineer/Surveyor P-4 $ 93.00 Senior Engineer/Surveyor P-3 $ 84.00 Engineer/Surveyor P-2 $ 75.00 Associate Engineer/Surveyor P-1 $ 66.00 Senior Project Technician T-5 $ 93.00 Project Technician T-4 $ 84.00 Senior Technician T-3 $ 75.00 Technician T-2 $ 66.00 Associate Technician T-1 $ 57.00 Secretary A-3 $ 66.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $ 25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A G:\EEI\Docs\Forms\General\STADS0105.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying ftifPersonnel, Positions & Classifications James K.Michels,P.E. E-3 Michele L.Piotrowski,E.I. P-4 President Project Engineer Peter G.Wailers,P.E. E-3 Terry M.Heitkamp,E.I. P-4 Senior Vice President Project Engineer David R.Burroughs,P.E. E-3 Nathaniel J.Koehneke,E.I. P-4 Vice President Project Engineer Ronald G.Naylor,P.E. E-2 Stephen T.Dennison,E.I. P-4 Senior Project Manager Project Engineer John T.Whitehouse,P.E.,P.L.S. E-2 Amy L.Sellner,E.I. P-4 Senior Project Manager Project Engineer Bradley P.Sanderson,P.E. E-2 Walter D.Chornomaz,E.I. P-4 Senior Project Manager Project Engineer Jeffrey W.Freeman,P.E. E-2 Steven J.Vassos,E.I. P-4 Senior Project Manager Project Engineer William E.Dunn,P.E. E-2 Gregory A.Chambers T-5 Senior Project Manager Senior Project Technician(Field) Timothy P.Farrell,P.E. E-1 Steven Gozner,III T-5 Project Manager Senior Project Technician(CAD) Timothy N.Paulson,P.E. E-1 David S.Stewart T-5 Project Manager Senior Project Technician(Field) Kevin S.Bomstad,P.E. E-1 William C.Pierson T-4 Project Manager Project Technician(CAD) David E.Schumacher E-1 C.Larry Nolan T-4 Project Manager Project Technician(CAD) Scott A.Swanson E-1 Kristopher K.Pung T-4 Computer Aided Drafting& Project Technician(CAD) Information Systems Manager Lenard E.Lynn T-4 Robert G.Walker,P.E. E-1 Project Technician(Field) Project Manager Courtney N.Windel T-4 George R.Burgess,P.L.S. P-5 Project Technician(CAD) Senior Project Surveyor Ryan M.Christoffel T-3 Mark G.Scheller,P.L.S. P-5 Senior Technician(Field) Senior Project Surveyor Joshua M.Boatman T-3 Andrew R.Deitchman,P.E. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Matthew R.Blackburn T-3 Jason P. "Jay"Nemeth,P.E. P-5 Senior Technician(Field) Senior Project Engineer Denise M.Migliorini A-3 Yifang Lu,P.E. P-5 Administrative Assistant Senior Project Engineer Denise M.Thelander A-3 Stephan W.Grabowski P-5 Accounting Assistant Senior Transportation Planner Angela R.Ford A-3 David A.Kamano,P.E. P-5 Secretary Senior Project Engineer Dawn M.Goodbred A-3 Scot H.Prindiville,P.E. P-5 Secretary Senior Project Engineer Nicole M.Morris A-3 Christopher E.Peterson,S.I. P-4 Accounting Assistant Project Surveyor Bobbi M.Erdmann A-3 Julie A.Morrison,E.I. P-4 Marketing Director Project Engineer Angela D.McCoy A-3 Jason M.Bauer,E.I. P-4 Accounting Assistant Project Engineer Rebecca A.Kidd A-3 Timothy V.Weidner,E.I. P-4 Administrative Assistant Project Engineer East Dundee,Illinois LEGEND: Mark C.Weber,P.L.S. P-5 P.E.=Professional Engineer Senior Project Surveyor P.L.S.=Professional Land Surveyor E.I.=Engineer Intern Robert C.Watts T-5 S.I.=Surveyor Intern Senior Project Technician(Field) E=Executive P=Professional Stacy L.Nilsen A-3 T=Technical A=Administrative Office Manager `"""` 04/06/05 t F r J r1 Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors April 15, 2005 Mr. Tony Graff City Administrator United City Administrator 800 Game Farm Road Yorkville, Illinois 60560 RE: Needs and Feasibility Study for Fox River Crossing Dear Mr. Graff: During your recent telephone conversation with Jason Poppen, you asked if we were interested in performing a needs and feasibility study for a western Fox River crossing. The intent of this letter is to express our interest in performing this study. We would like to meet with you and other staff, as appropriate, to discuss the scope of these studies. We look forward to meeting with you to discuss this project. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. James F. H6ving, P.E. Chief Operating Officer JFH/tw 759 John Street,Yorkville,IL 60560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 , 'k i}} ,) -.I( I r 4i-;1` y • Ad ` S, .: ., -• .'--I tj-11 _- li wilumir'- 7- ' 1.i..-1,7) i!•-zi :72-- , „...1 6,' i....42.. - A , i.,..,,, . _ ..,, ,, . , ..., ., i r ,. . . ' ,.....,,,,x, -411V-1°41:r: �� ,,+ - iftet - ��11Ir1,� ill �. ' ' � *e _'+ms —C. i .r-. :".1; * ma - .� �� ...1'. -7.,•=-.tt S Y ...*_ 7! -, ;,� ,..,„, ` s. UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK, GAZEBO, SHELTER RESERVATION POLICY Park Board approved 3/8/04 City Council approved 4/27/04 Revised policy- DRAFT 3/2005 Park Board meeting 3/14/05, 3/28/05 City Council to YDRI(V1LLE pARrS& REcREAT1oN TABLE OF CONTENTS Reservation Policy 3 Rental Categories 3 Use Priorities 4 Request for Parks and Park Amenities Reservation 4 Who Must Complete a Park Reservation 5 Permissible Uses for Reservations 5 Block Parties Community or Organization Event(Non-Fund Raisers, or Profit Making) Private Events (Family Reunions, Weddings, Private Parties) Community or Organization Event (Fund Raisers) Large-Group Policy 5 Park, Gazebo, Shelter Reservation Fees 6 Establishment Resident verses Non-Resident Users Commercial Users Waiver of Fees Payment of Fees Refund of Fees Park Sites and Amenities Available for Reservations 7-8 General Policies and Procedures for Use 9-10 Reservation Fees FY 2005-06 11-12 Standard Application for Shelters, Gazebos, and Parks Reservation 13 2 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK, GAZEBO, SHELTER RESERVATION POLICY The Park, Gazebo, Shelter, (non-athletic fields) Reservation policy of the United City of Yorkville has been established to provide a systematic method by which Parks and park amenities (Shelters, Gazebos and other amenities) may be reserved by the residents of the community. A reservation is not required for park use for occasional play. Multiple activities or special use (which includes use by a resident or groups, multiple days, or week play for a designated area) a permit is required and will guarantee use for the dates and times specified on the permit. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. Occasionally parks may be excluded from the reservation availability. Objective • To provide maximum utilization of parks through centralized scheduling • To provide an impartial distribution of park amenities, shelters or gazebo to the various community groups who wish to reserve. • 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 the parks 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 3 Use Priorities When scheduling use or reservation of a park, or park amenities, the following priorities shall be established: 1. United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Groups, organization or other community bodies that have approved cooperative agreements with the United City of Yorkville. 4. Privately sponsored programs within the city limits. 5. Private groups or individuals outside the city limits, requesting use of a park 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 who will be in attendance. Parks and Park amenities 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 or reserved use. 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 use of the park or park amenities. Request for Parks and Park Amenities Reservation Organizations, Groups and individuals desiring to reserve Parks, Park amenities including shelters, gazebos, etc, shall complete the standard application for reservation. Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or staff. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: • (For Groups and Organizations)A certificate of insurance—co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation • A signed permit request form with the name and address of the person making the request. In addition, complete information regarding the use of the park or park amenities and acknowledgement/ agreement to adhere to the park use policy. • 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. 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 4 WHO MUST COMPLETE A PARK RESERVATION ? Any organization or individual who: • Want to reserve a certain area for a specific date and time • Require special arrangements • Are planning a special-use activity, such as pitching tents or erecting non-routine apparatuses PERMISSIBLE USES FOR RESERVATIONS Any resident, organization or group wishing to reserve a park, or park amenity for use shall have an approved reservation permit prior to publicly advertising the use of the park or location. This includes single use or multiple use requests. Each multiple use request may not exceed more than '3 days. Some activities may be determined to be not appropriate for specific parks due to location, use. or overall function of the park. Requesting party must include all activities or uses of the park when makinc :he request. A. BLOCK PARTIES B. COMMUNITY OR ORGANIZATION EVENT(non-fund raisers, or profit making) C. PRIVATE EVENTS (family reunions, weddings, private parties) D. COMMUNITY OR ORGANIZATION EVENT(fund raisers) At the time of application, all special requests must be indicated in detail on the reservation form. These include, but are not limited to, bringing in tables and chairs, inflatable amusement equipment, selling concessions (including items to be sold and their prices), selling of miscellaneous items for fund raising or profit, extended park hours use, use of a public address system, admission charges, additional maintenance, use of snow fence, and water or electrical access. No equipment or permanent signage will be added or installed to the park without the permission of the Park Board, City Council, or designated staff. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed in any City Parks or premises. 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 clean up fees. Selling of any items in the parks must be approved through the vendor permitting process. 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 Parks, fields and / or facilities. Furthermore, the resident, group or organization assumes all responsibility for the repair or replacement of damage as a result of misuse of the park, equipment or park amenities. LARGE-GROUP POLICY Groups with more than 100 members make a serious impact as a part of confirming the reservation for use the Police will be consulted regarding potential impacts to the Parks and City public safety. The only community park/area available for large private groups is Beecher Park. Parking must remain within designated areas. 5 Fees will be set based on direct costs incurred and projected number of participants by the Park and Recreation Department for preparation and post event repairs and clean-up. Fees will be estimated in advance by the appropriate staff. Large groups events maybe subject to additional fees for public safety police and/or traffic control. PARK, GAZEBO, SHELTER RESERVATION FEES A. Establishment The Board shall annually(based on fiscal year) recommend fees for the reserved use of Park, Gazebo, Shelter based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. Fees shall be established in the following categories: 1. Gazebo single use 2. Large and small shelter single use 3. Park single use (non athletic fields) 4. Gazebo multiple use 5. Shelter multiple use 6. Park multiple use (non athletic fields) 7. Resident, non-resident and commercial use fees 8. Special use (including fundraising, educational and religious) B. Resident verses 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 individuals using the park. 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 is considered in the best interest of the City. C. Commercial Users Any group reserving park or park amenity for profit making purposes shall be charged the commercial fee. D. Waiver of Fees The United City of Yorkville may waive fees to schools, private groups or organization in exchange of services or agreed upon arrangements. Waiver of fees must be approved by the Human Resource Commission per the sponsorship policy and procedures set by the City Council. E. Payment of Fees Groups reserving a park or park amenity shall provide a S100.00 security deposit to guarantee the reservation. Groups or individuals reserving parks or park amenities on a single or multiple use bases 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 Yorkville Park and Recreation Department - Beecher Community Center. If a park or park amenity 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. 6 F. Refund of Fees A refund of a park or park amenity reservation fee may be granted for the following reasons: • If the United City of Yorkville Park and Recreation Department staff feels that the park is in an unusable condition. • If the group or individual provides written notification of cancellation to the Department at least one week prior to the date reserved. 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 Parks. All fees are subjected to changing without notice. PARK SITES AND AMENITIES AVAILABLE FOR RESERVATIONS Some parks are restricted from exclusive reservations due to the size, availability to the surrounding residents and restricted appropriate use. The park use availability will be reviewed and adjusted annually based on available parks or designs. Individual Parks or amenities available for reservation are subjected to changing without notice based on Park Board and City Council direction. TOWN SQUARE -2.55 Acres Gazebo Shelter Available for Small picnic areas No grilling or open flames in the parks. Drinking fountain Portable tents with stakes or semi-permanent shelters are not permitted BEECHER PARK-22.6 acres Open grass for multi-play area Muiti-age level Playground & swings Drinking fountain Picnic table No grilling or open flames in the parks Ball field and soccer fields (please refer to the athletic field reservation policy( Beecher Building (please refer to the Beecher building rental policy) Concession building with restrooms Riverfront Park—5 acres Large group shelter 3 small shelter No grilling or open flames in the parks Playground, swings, sand play area, Water fountain Portable tents with stakes or semi-permanent shelters are not permitted Kiwanis Park-2 acres 1 small shelter Grass open area Playground& Swings ':2 court basketball No grilling or open flames in the parks 7 Portable tents with stakes or semi-permanent shelters are not permitted Rice Park- 1 acre 1 small shelter 16x16 Picnic table No grilling or open flames in the parks Playground & swings Funnel ball Fox Hill (East)-2 acres Basketball court(full court) Picnic table No galling or open flames in the parks Playground & swings Fox Hill C‘/Vest) -6 acres Open grass area Baseball Feld (please refer to the athletic field reservation policy) No grilling or open flames in the parks Hiding Spot Park- 1 6 acres Picnic area tables Bocce court No grilling or open flames in the parks Van Emmon Park - 1.8 acres Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks Grass open area Portable tents with stakes or semi-permanent shelters are not permitted 8 GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS, OPEN SPACE 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. All requests for park sta e approved by the Department Head. • Only approved maintenance vehicles are allowed on grass. Ye- as not allowed in other areas of the parks, trails, or walkways or grass areas. • All requests for use of fields, or park(s)for organized play or pr, a v ants 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 schedule use identifying the groups 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. The park should be left in equal or better condition that ;;as found. Damage or excessive litter may result in a loss of privileges and fees for clean up . • 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). • No parking on sidewalks or grass areas in or surrounding the parks. • No grilling or open flames in the parks. 9 • All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. • All animals must adhere to the leash control ordinance. Petting zoos for one day special events are permitted in specific parks as determined by the Park and Recreation staff, Park Board or City Council. Health codes, permits and licenses are required. • Ice skating, ice fishing, sledding, or other winter activities are limited to parks or locations where permissible and indicated by signage. • Portable tents with or without stakes or semi-permanent shelters or structures are permitted in approved park locations only. Some parks are restricted from tents uses due to the size. availability to the surrounding residents and restricted appropriate use. • Groups desiring additional tables and chars beyond what is already available must arrange for their own tables and chairs. • All groups reserving a park, shelter, gazebo or amenity must have an authorized representative 21 years or older, sign a waiver and release form, which includes a hold-harmless clause and an agreement to be responsible for cleanup and possible damages. The representative also must remain on-site during the rental use. • No vendors are allowed on City owned land or locations except when they are sponsored by an event that has been issued a permit by the United City of Yorkville Park and Recreation Department. • Activities including sound amplification should not unreasonably interfere in any way with other park users or adjacent property owners. Amplification and special lighting are allowed only if a permit is issued at the time of the reservation request. • When portable bathrooms are needed, the user must make arrangements to obtain and remove them from the park nn later that 3:00 pm the day after the event. • Unauthorized use of pyrotechnics /fireworks are not allowed on park property. 10 ATTACHMENT PARKS, GAZEBOS, SHELTERS RESERVATION POLICY Fiscal Year 2005-2006 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 Parks and amenities. 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. Category A Categ,ory B Small Large Gazebo Park Small Large Gazebo Park Shelter group Shelter group shelter shelter 0-2 10.00 40,00 35.00 20.00 10.00 40,00 35.00 20.00 hours 2-4 15.00 55.00 40.00 25.00 15.00 55.00 40.00 25.00 hours 4-6 20.00 70.00 55.00 30.00 20.00 70.00 55.00 30.00 hours 6-8 25.00 90.00 75.00 40.00 25.00 90.00 75.00 40.00 hours Category C Category D Small Large Gazebo Park Small Large Gazebo Park Shelter group Shelter group shelter shelter 0-2 15.00 55.00 40.00 25.00 20.00 80.00 45.00 30.00 hours 2-4 20.00 70.00 45.00 30.00 25.00 95.00 50.00 35.00 hours 4-6 30.00 90.00 65.00 40.00 35.00 125.00 65.00 45.00 hours 6-8 45.00 115.00 90.00 55.00 50.00 150.00 80.00 65.00 hours 11 Category E Category F Small Large Gazebo Park Small Large group Gazebo Park Shelter group Shelter shelter shelter 0-2 20.00 80.00 45.00 30.00 30.00 90.00 55.00 45.00 hours 2-4 25.00 95.00 50.00 35.00 35.00 125.00 60.00 50.00 hours 4-6 35.00 125.00 65.00 45.00 45.00 150.00 80.00 65.00 hours 6-8 50.00 150.00 80.00 65.00 65.00 175.00 95.00 80.00 hours Key Deposit: $25.00 residents $35.00 non-residents SPECIAL USE Water or electrical access when available $20.00 additional. Must supply your own extension cords. Please reference the concession stand /vendor operation policy for special use request. 12 STANDARD APPLICATION FOR SHELTERS,GAZEBOS,AND PARKS 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 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 LOCATION REQUESTED: DATE(s)/TIME(s) REQUESTED: PURPOSE Special Use requests(concessions,water,electrical,other). Expected attendance or visitors to your event. (Please note: Public Safety may require additional Police present pending the type of event and attendance. This may result in an additional fee assessed to the group for this service). Will you be selling any products,food,or miscellaneous items?Yes (please explain) No Security deposits will be forfeited if the park, shelter or gazebo is not restored to the original state, all litter removed, OR if damage occurs as a result of misuse or abuse to the United City of Yorkville Park and Recreation equipment or property. Inspections will be completed following your event by a United City of Yorkville Park and Recreation Department Staff. Individuals may be assessed additional charges for extending times past the scheduled reservation. I have read and agree to follow and abide to the rules and regulations set forth by the United City of Yorkville. Signed Date: In order complete the request,the following documents must be forwarded to the Recreation Department: (Groups or Organizations)-A certificate of insurance co-naming the United City of Yorkville as an additional insured,Assumption of liability,and Waiver of subrogation. OFFICIAL USE Addition information requested Reservation Amount Deposit amount ($100) Date of Request Date Received Staff initials Approved/Denied Refund Requested Location Assigned Concession Stand,Merchant License Applications Needed: Yes / No Health Department Permit Needed: Yes / No 13 It YORKVILLE PARKS d RECREATION Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor City Council From: Laura J. Brown, Executive Director Date: April 12, 2005 Cc: Tony Graff, City Administrator Re: Agreement renewal with Congregational Church The following was the Park Board's recommendation from the Park Board meeting of April 11, 2005 with positive recommendation to proceed to City Council for approval. PARK BOARD RECOMMENDATION: To renew the agreement for one year with Yorkville Congregational United Church of Christ for use of classroom space for the Yorkville Park and Recreation Department preschool program. All conditions and costs associated with the agreement renewal are the same from the previous agreement. Suggested Action: To accept the Park Board recommendation for the renewal of a one year agreement with Yorkville Congregational United Church of Christ for facility space for the Yorkville Park and Recreation Department preschool program, and to authorize the Mayor and staff to execute the signing of the agreement. AGREEMENT UNITED CITY OF YORKVILLE YORKVILLE PARKS AND RECREATION DEPARTMENT And YORKVILLE CONGREGATIONAL,UNITED CHURCH OF CHRIST This agreement is made and entered into this day of 2005, by and between THE UNI TED CITY OF YORKVILLE an Illinois municipal corporation (the "city"), and the YORKVILLE, CONGREGATIONAL UNITED CHURCH OF CHRIST an Illinois not-for-profit corporation (the"Organization"). WITNESSETH WHEREAS, the Organization is the owner of classroom space which the City wishes to utilize for recreational programs with the prior written permission from the Organization and the Organization wishes to accommodate the City's use of the classroom space on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1. Use of Classroom by the City. The Organization agrees to permit the Parks and Recreation Department of the City("Parks & Rec. Dept.")to utilize Organization facilities, as designated by the Council of Organization for Parks &Rec. Dept. sponsored activities during mutually agreed upon dates and times when the facilities are not required for the Organization's purposes. The Parks &Rec. Dept. will have the first right of use of Organization's facilities for the purpose of a preschool program as a result of this agreement. The Parks &Rec. Dept. personnel and program participants shall be entitled to reasonable modes of ingress and egress into and from the south end of the facility, and use of the Organization's parking facilities during those times when the Parks &Rec. Dept. utilizes Organization's facilities. 2. Scheduling Use Of Facilities And Grounds. To facilitate the scheduling of the Parks &Recreation Department use of designated facilities and grounds by both parties representatives or staff of the Organization and the Parks & Recreation Department will meet annually, or more frequently as may be needed,to develop a master scheduling calendar for the upcoming school year. 3. Fees for Use. The City agrees to adhere to the approved policies. Furthermore, by using the building space of the Organization, the City agrees to adhere to all use policies and procedures while in the building and grounds of the Organization. a. The City agrees to compensation for use of the facilities, and grounds as described herein. It will be the responsibility of the City utilizing the organization's property and facilities to return the condition of the facility or property to the same state it was found. b. The Organization will provide Parks and Recreation Department staff with two keys to the designated facility, building or area to allow access without the need of having additional personnel present. Each party hereto,will be responsible for securing the facility, building or area upon leaving. 1 4. Maintenance Standards. In agreeing to use the Organization Buildings, the City agrees to participate in completing the routine maintenance items while using the building. • Inspect the building and grounds prior to use daily • Return the condition of the facility or property to the same state it was found • Immediately reporting of any damages and/or maintenance concerns to the Organization. • The City agrees to assist with snow removal of the entrance areas and south parking lot during the times of operation of City sponsored programs. 5. Periodic Review Of Agreement. a. The Organization and the City recognize and understand that this Agreement provides for the optimum use of the physical facilities being provided. It is therefore recognized by both the Organization and the City that there will be a need from time to time, for periodic review and modification of the schedule set forth after formal adoption and execution of this Agreement. Such reviews shall take place as needed, at the request of either the Organization or the City. b. The parties agree that this Agreement shall be in full force and effect for a period of one (1) year. This Agreement maybe reviewed by the parties annually at which time any Agreement may be extended for an additional one (1) year period. Notwithstanding the foregoing provision, six (6)months prior to the anniversary date of this agreement, the Organisation and City staff and/or committee will meet to evaluate the terms of the agreement and feasibility of continued agreements and expenses. 6. Holdharmless And Indemnification. The City shall indemnify and hold the Organization harmless for any and all claims and causes of action that arise during the course of facility use by the City, or City employees, agents or Departments there of 7. No Alteration. The City shall not make structural improvements, changes or alteration to the Facility without first obtaining the written consent of the Organization. Any improvements to the Organization's building will be through a donation to the Organization, and therefore become the property of the Organization. 8. No Assignment. The City shall not assign it interest in this Agreement without obtaining the written consent and approval of the Organization. 9. Binding upon successors. This Agreement shall be binding upon the successors and assigns of the parties hereto. 10. Integration Of All Terms Into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the Organization. 2 IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor, United City of Yorkville By: /62/6------ ark and Recreation Board YORKVILLE CONGREGATIONAL, UNITED CHURCH OF CHRIST By: • - - - •�.i� i.. ._ �� Pastor Irri Ch •derator Attest: `4 Representative 3 Attachment AGREEMENT UNITED CITY OF YORKVILLE YORKVILLE PARKS ANIS RECREATION DEPARTMENT And YORKVILLE CONGREGATIONAL UNITED CHURCH OF CHRIST 2005-2006 School Year $400.00 per month donation for building use for the operation of the preschool program. The parties agree that this Agreement shall be in full force and effect for a period of one (1)year. This Agreement maybe reviewed by the parties annually at which time any Agreement may be extended for an additional one (1) year period. Notwithstanding the foregoing provision, six (6) months prior to the anniversary date of this agreement, the Organization and City staff and/or committee will meet to evaluate the terms of the agreement and feasibility of continued agreements and expenses. f / YORK MLLE PARKS&RECREATrc.J Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor City Council From: Laura J. Brown, Executive Director Date: April 12, 2005 Cc: Tony Graff, City Administrator Re: Rivers Edge Park II Recap of the Park Board Meeting The Park Board reviewed the concept plan for the proposed park on the corner of Stony Creek Lane and Windham Circle as designed by Schoppe Design. The park was designed as a passive park with central landscape features to accent the surrounding homes in the Rivers Edge Development. Barry Mayworm from Cardinal Homes was present at the Park Board Meeting and offered to coordinate a Homeowners Group to help with the construction and planting of trees and evergreens. In addition, Barry offered to complete the grading of the Park per our grading plan at no cost to the City. This will allow items that were included in phase II development (such as Lannon stone seat, flagstone steppers, and lighting) to be included in phase I development. Park Board's recommendation from the Park Board meeting of April 11, 2005 was a positive recommendation to proceed to City Council for approval, including the donated services of Cardinal Homes. Suggested Action: To accept the concept plan, and allow the Park Board and staff to host a Public Meeting regarding the proposed park site and invite the surrounding residents for input and approval of the park concept design. Following the Public Meeting and receiving recommendations from the residents, final design will follow for construction in summer of 2005. ScIioppe Desjn Associates, Inc. Landscape Architecture and Land Planning 126 S. Main St. Ph. (630) 551-3355 Oswego, IL 60543 Fax (630) 551-3639 ESTIMATE OF PROBABLE CONSTRUCTION COSTS Rivers Edge Park II - Conceptual Park Plan - All Phases Cost Estimate to accompany Conceptual Park Plan dated 03-22-2005 Description Qty. Unit Price Ph. I Amt. Ph. II Amt. 1.0 Grading Excavation/Topsoil 1 LS $7,000.00 $7,900- - r'`C.. Area total: *7,000 2.0 Site Construction Conc. walk 2163 SF $5.00 $10,815 Lannon stone seat all 11 TN $350.00 < $3,850 G� Curved pergola -steel 1 LS $15,000.00 $15,000 Flagstone steppers 100 SF $16.00 $1,600 Lighting 1 EA $77E68780 0 Bench/trash 1 LS $1,400.00 $1,400 Area total: .$27,215 $12 ' 3.0 Landscape Grass 1 LS $8,000.00 $8,000 Canopy trees 2 EA $650.00 $1,300 Evergreen Trees 6 EA $550.00 $3,300 Canopy trees 9 EA $500.00 $4,500 Evergreen Trees 6 EA $550.00 $3,300 Undertory trees 10 EA $550.00 $5,500 Evergreen shrubs * 6 EA $150.00 $900 Deciduous shrubs * 50 EA $85.00 $4,250 Perennials/evergreen groundcover * 500 SF $6.00 $3,000 Area total: $12,600 $21,450 Subtotal: 'k t 46;81- $34,400 Contingency- 10% $4;-682 $3,440 TOTAL: $W $37,840 * Price includes bed prep, mulch, and edging < v < S c�Z� c.c' �{��;}\ \'-`C TY ms!'µ= � l:� _ ��s. i EXISTING ' .� w- -' -+ s ,,,,� ;" ,•; RESIDENCE .!v1 ( 'i ":,,,,,,•1 ! r �*r`S s Ilk. , lift - S tat :ipollt:1 lik • UNDERSTORY TREES' ,� r' %4 • r ,. , .., !t \ / • t / ' .-I, "it tit - , .V' r �.�� ..4 ' .;.d " CANNON STONE BENCH ��i / ,12, \.7 I f4� ///ten .�" �i,_ v' xr uk s, '� / it' rli '> � '''' fir A � x1)'\:c o' PERENNIALS• • • it. OWERING SHRUBS yy+ ' ,. % 1",._.-.0`" , • _ C, ,-_,.ANNON STONE SEAT WALLf+ CURVED PERGOLA / v'IP 4. oitti, y PERENNIALS °: .' • �� `� / UNDERSTORY t ___ • , e „,..„.., a , ,..„_ -- CONCRETE WALK p d . ' �( r .44. ...., . . ..... , EVERGREEN TREE` 4 111114101ralbk. `�SHADE TREES . . .. .. ., . .. ls' A1�>,t -.7j \. r CURVED PERGOLA Ks + 1i W — —.;10. , �� UNDERSTORY TREESNIlk �: of . v, , ,..) N N STONE STEPS SITTING AREA • J it �I _ l 1 SEE ENLARGEMENT �r>r D J Fr f +► ,.. 11 :IN' W 1\ 4'. ,gi'” iik 1 Ons�� ff. `s t>" /. .. . ,, . 4, *,,,, , 4 . ,W - �� - y��� ,� . ,,��; y �� + rSTO=, '�> ' :�' ,�„ b•. '. 'l ' • `1 -•t' �.� �. �� r� EXISTING - ` ,.. . -�. ! y.. S' s � ' RESIDENCE / 1 Z . . V{ 'mirk- "�I,+►, . ,.., GREEN • 0 f R� NDCOVE _r ,[y VER �� ,. FLOWERING ,�, G u 7v N oPEN �. �+,. e ;!/��� meq.. SHRUBS . 4111,.--,• 11/ �. J" LAWN j 4Ya i i. _ E \ y �, //� I �' '' s - ' / , LANNON STONE _ • s -A .� 1 • f �3 'I- b I . .6).. A \ :yvtir � �"' I SEAT WALL\BENCH At;•'' EVERGREEN • `® •�"��" e, V - �l� r� I SHRUBS .f`"r` j'<�' ` PERENNIALS , �' .� • �+ 1. , t GE HAD �• � j 0,c: -"� • I STONEBENCH �� � -- _, --�• CANNON Vy.,\' d 1.>"' - -,,----_-_-,-,---,--- „,-.--,L.. • �� ,� ANNUALS BELOW 1.-1' #4,,,- . �' D • -_-,„:- I iii ,....,_ • • t , __ P& �p SI • � AREA EN ,"•GEMEN1 �y�� CURVED PERGOLA \ .� �, SCALE:1/4"=1' • ,, . . . ,.-, . . . 1 . , • •• • . .. . .....— , NI --.40;, c / 1 1 ,-----7 ..,---iigiviv,i7----r--, , , ,. , , RIVERS EDGE PARK II1 1 ,u , CONCEPTUAL PARK PLAN �,. ..1 2tE°co. SCHOPPE DESIGN ASSOCIATES INC. �►� Pi%O�—�n - o ", - The United City Of Yorkville Landscape Architecture and Land Planning LAYOUT PLAN WINDHAM CIRC "--1 �' 800 Game Farm Rd. ° • 0. ;a, mf Yorkville,IL 60560 1265.Main Street PH. (630)8551-3355 g 0 NORTH SCALE:T'-10' DATE 3-222006 E"y 630-553-4350 Oswego,IL 60543 FAX(630)551-3639 : 4.`, e/rI- United City of Yorkville Memo 0 800 Game Farm Road .1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 ® Q Fax: 630-553-7575 .A ca„auseaz 4 Date: April 14, 2005 To: Mayor and City Council From: John Justin Wyeth, City Attorney CC: City Engineer, City Administrator Subject: Public Works Committee on Cannonball Estates Phases Letter of Credit Reduction requests As you will recall, this matter was set over from the COW meeting on April 5th. We wanted to see what, if any cooperation would be forthcoming from the Developer to complete certain punch list items. The Developer met with representatives from the City as well as several homeowners on site on April 13, 2005. I spoke with Joe Wywrot about the meeting. Joe indicates that the developer promised certain work with the pond. This work is to begin in the next few weeks, and is to conclude by approx. June 1st The developer was not as specific, and according to Joe, resistant,to completing certain other items on the punch list. As of this writing, while the Developer has engaged in a meeting, no further progress has been made on any of the punch list items. For this reason, it is my opinion that the City should take no action on the request. The Request for Reduction should be returned to staff(specifically the City Engineer) with direction that staff can bring it back to the City Council when significant progress has been made on the punch list items. 2`,�oD Cl?o United City of Yorkville Memo at ,r� -, '" 800 Game Farm Road EST. `` 1836 Yorkville, Illinois 60560 ---.."-=-_----_ Telephone: 630-553-4350 o� I. Telephone:p� Fax: 630-553-7575 Date: March 31, 2005 To: Mayor and City Council From: John Justin Wyeth, City Attorney CC: City Engineer, City Administrator Subject: Follow up to Memo to Public Works Committee on Cannonball Estates Phases 1 and 2, Cannonball Hill Letter of Credit Reduction requests My previous memo and attachments indicated that the City can claim a"Set Off' and thereby have a right to withhold this developer's recapture fee(while also maintaining its Letters of Credit)because the City has a"legal dispute" with the developer. Specifically, my memo said: The City's reasoning in retaining the Letters of Credit while simultaneously claiming set off is: 1.) All parties to legal disputes are allowed to claim all remedies available to them,and are generally not restricted to one remedy, or required to choose a remedy. 2.) The City has two available remedies here,set off and the letter of credit 3.) It would be irresponsible to waive or release either available remedy. [Emphasis Added] Mr. Alan Norton attended the Public Works Committee meeting on March 28, 2005 and staled that the City has no "legal dispute" with this developer because no litigation has been filed. Mr. Norton's interpretation of the term "legal dispute" was erroneous. This developer has a well documented legal dispute— a failure to complete several punch lists in a timely manor. I've left a message for Mr. Norton to explain his error, and I've also encouraged him to meet with the City Engineer, Parks Department, and Homeowner's Association. This meeting, which was suggested in the City Administrator's March 18th letter to Mr. Norton, is specifically intended to identify how, and when the punch list will be completed. Hopefully, the meeting will be set prior to the COW on April 6th. I'll update you at that time. ci United City of Yorkville Memo o 800 Game Farm Road EST. ;=:.:.1835 Yorkville, Illinois 60560 Telephone: 630-553-4350 L_ Fax 630-553-7575 Date: March 24, 2005 To: Public Works Committee From: John Justin Wyeth, City Attorney CC: Mayor, All other Aldermen, City Engineer Subject: Cannonball Estates Phases 1 and 2, Cannonball Hill Letter of Credit Reduction requests The City has been seeking completion of certain public improvements from the developer of the above referenced subdivisions. Attached is the City Administrator's recent letter to the Developer. Attached is my Memo regarding a Set Off for a recapture fee to the developer. Attached to that memo are Punch Lists from the City Engineer. The letter from the City Administrator makes clear that the City needs action to complete the Punch List. My Memo makes clear that the developer is currently in breach of its responsibility to complete the public improvements. Under these circumstances,the City's decision to reduce (or not to reduce) a Letter of Credit is discretionary (due to the prior breach by the developer) and you are free to take into account the status of the development and the City's legitimate concern about completing the public improvements,when making this decision. J`� D C' T`T United City of Yorkville I-1: County Seat of Kendall County EST. `�DJS 800 Game Farm Road ' „4. �,I�J��------------7-- N Yorkville,Illinois 60560 O ,,, O Phone:630-553-4350 1°,,c, � vim= Fax:630-553-7575 `itLEN� • March 18,2005 Mr. Alan Norton Alan Dale Farms &Development, Inc. 8736 Philippine Road South Wayne, Wisconsin 53587 Re: Cannonball Hill, Cannonball Estates Dear Mr. Norton: In follow up to our conversation Monday evening and in light of the preparation conducted in furtherance of the meeting scheduled for today, I write on behalf of the City to set forth the steps to reduce the letters of credit, complete the outstanding punch list issues for the above referenced subdivisions, and make payment to you of recapture funds. Hopefully, we can agree that completion/closure/payment is our mutual goal. I. Reduction of Letters of Credit The City has a well understood, routine, method to reduce the amounts of Letters of Credit. It involves our City Engineer's review and recommendation to the Public Works Committee, then forwarded onto the Committee of the Whole and finally approved by City Council. By copy of this letter to our City Engineer, I ask him to initiate the process. II. Completion of outstanding punch list items Attached hereto are copies of letters dated September 12, 2003 (Cannonball Hill) and two letters dated January 28, 2005 (Cannonball Estates,Punch Lists 1 and 2), setting forth items that must be completed. Knowing that the pond, and swale are items of disagreement(if not others),Joe Wywrot has suggested that an on site meeting be convened to go over those items. Both you and Joe,as well as a representative from our Parks Department and the Homeowners Association should also attend. Please submit convenient dates for such a meeting, and we will make arrangements at this end. If you would like to bring appropriate consultants to this meeting,please feel free to do so. III. Payment of Recapture Fees Attached is our City Attorney's Memo regarding the payment. It concludes that the fees will be retained until the punch list is completed. You've requested what type of submittal (paperwork) is necessary to obtain the payment. I've asked John Wyeth, and he has summed it up quite simply as: a. Demonstrate that the public improvement qualifies for recapture. (This has already been done) b. Demonstrate that the improvement has been completed. (Our City Engineer says that it's completed) c. Show that the work that has been completed has been paid for, i.e. no contractors are owed for the work. Original Sworn Statements of Contractors, evidencing completion is sufficient. Please contact me with dates for an on site meeting so that we can move forward to complete this subdivision and get you paid. Sincerely, Tony Graff City Administrator Cc: Atty. John Wyeth Eng. Joe Wywrot MEMO DATE: March 2, 2005 TO: Tony Graff CC: Joe Wywrot FROM: John Justin Wyeth Re: Set Off of Fees Owed to Alan Dale Farms and Development, Inc. The developer has not completed work owed to the City for Cannonball Hill and Cannonball Estates Subdivisions. The work owed is the subject of letters from The City Engineer to the developer dated September 12, 2003, January 28, 2005 (Punch list#1), and January 28, 2005 (Punch list#2). All three letters are attached. Failure to complete the items on the three punch lists is a breach of contract. The City can seek several remedies for the breach. The most obvious, and simplistic remedy in this case is the legal theory of"set off'. "Set Off' is available where one party has a claim against another, and also owes that party money. In this case,the developer owes completion under contract(the three punch lists) and the City owes the developer money under a recapture agreement. The amount owed is set off against the work due. As long as the work yet to be completed approximates the amount owed for recapture,the set off will be for all amounts owed by the City to the developer. Frankly, it would be irresponsible for the City to make payment in this case, when the project is not completed. Note that I am not rendering any opinion regarding the accuracy of the amount requested for the recapture, and I am not rendering an opinion regarding the sufficiency of the documents tendered to obtain the payment. These issues are not yet ripe, as long as the set off is for the full amount owed to the developer. Finally, I am aware that the developer believes that letters of credit(or performance bonds) stand as security for the completion of the punch list items, and therefore does not understand why the City would retain the recapture sum as a set off. (Or conversely believes that the Letter of Credit should be released). The City's reasoning in retaining the Letters of Credit while simultaneously claiming set of is: 1.) All parties to legal disputes are allowed to claim all remedies available to them, and are generally not restricted to one remedy, or required to choose a remedy. 2.) The City has two available remedies here, set off and the letter of credit. 3.) It would be irresponsible to waive or release either available remedy. The only compromise position that I see would be for the City to direct pay on the work being performed on the punch list items. In that way,the City is secured that the punch list is being completed, and the developer gets use of the recapture dollars. I hope that his helps. September 12, 2003 Mr. Alan Norton Alan Dale Farms &Development,Inc. 8736 Philippine Road South Wayne, Wisconsin 53587 Re: Cannonball Hill-Punchlist Dear Alan: Below find the updated punchlist Cannonball Hill. For all items that require excavation, restore landscaping to existing conditions. Watermain: • All hydrants to be wired brushed and given a coat of"fire hydrant red". The existing paint is flaking off, and is the wrong color. • Raise, clean, and plumb the following valve boxes: V-3,V-6 • Plumb the auxiliary valve boxes for the following hydrants: FH-7 Storm: • The entire storm system appears to be filled to one degree or another with mud and debris. Jet all sewers prior to televising. All catch basins should be cleaned out with a Vactor. • Televise all storm sewers 12" diameter and larger. Repair/clean any problem areas and re- televise. • Replace mangled CMP flared end section @ NE corner Cannonball/Fairhaven. • Manhole ST-7 and Control Release Structure—Replace"WATER" lid with"STORM"lid. • Clean out mud and debris from structure ST-18. Miscellaneous: • Submit 2 prints of record drawings of all improvements for review. Final record drawings to be submitted on Mylar with 2 sets of prints. Also submit record drawing in AutoCAD format. • Confirm detention basin volume. • Need a sign-off from Kendall County for improvements along Cannonball Trail. • Need a sign-off from the Kendall County Forest Preserve District. • Confirm that property stakes at SE corner Cannonball/Fairhaven have not been disturbed, or replace them if they have been disturbed. Please complete this punchlist work as soon as possible. If you have questions concerning any of these items, please call me at(630) 553-4350. Very truly yours, Joseph Wywrot City Engineer cc: Tony Graff, City Administrator January 28, 2005 Mr.Alan Norton Alan Dale Farms & Development Corp. 8736 Philippine Road So. Wayne, Wisconsin 53587 Re: Cannonball Estates—Phase 1 Punchlist Dear Alan: Below find the punchlist for Cannonball Estates—Phase 1. This punchlist combines and updates the separate punchlists that had been prepared for underground and streetscape items,resulting in a single punchlist for Phase 1. Water • Wire brush and paint the hydrants along the Cannonball Trail frontage with one coat of"Fire Hydrant Red": • Locate, raise, and plumb B-Boxes at the following addresses: 2244 Meadowview • Repair Trench Adaptor auxiliary valve box at Lot 44 (not connected to valve). • Lower auxiliary valve box for hydrant on north side Lot 3. • Hydrant @ Lot 18—Raise grade up around VB. Is this an in-line valve? If so, locate and raise auxiliary valve for hydrant. • Rotate the following hydrants to the street: SE corner Lot 10 • Valve vault @ NW corner Cannonball Norton—Add steps and reset frame. • Hydrant @ Lot 59—Raise auxiliary valve 3 inches. • Reset valve vault frames and/or adjusting rings at the following locations: Lot 7, NW corner Alan Dale/Yellowstone Sanitary • Confirm that sewer televising, mandrel testing, and manhole vacuum testing have been satisfactorily performed. • For all manholes that need to have their frames/adjusting rings reset,the work must be performed in the presence of a Yorkville inspector or the manhole must be vacuum tested again. • Relocated MH#1 —Need"City of Yorkville-Sanitary"lid. • Replace adjacent walk where MH#2 was reset back to next tooled joints. • Reset and seal frame of existing manhole that was raised @ NW corner Cannonball/Norton. Add steps to align with rotated cone section. Storm • Clean out all storm sewers and televise those 12" diameter and larger. Submit written log and one VHS-format videotape. Remove fabric and clean out the following structures: ST-58, ST-80 • Clean out the following structures: ST-56, ST-100 • Raise the following buried manholes. We will inspect these structures once this work is done. ST-48, ST-77, ST-95 • Add steps for MH ST-77. • ST-108: Remove debris, check elevations and diameters of restrictors and weir for inclusion in"as-built" drawings, regrade area around this structure to make mowing grass easier. • ST-109: Reset offset frame, clean out. • ST-110: Obtain as-built data then re-bury manhole 8" deep per easement agreement. • Construct PCC curtain wall at pond overflow. • Place riprap at all sewers entering and existing the detention pond. • Locate,clean around, and place marker(protruding 6"above NWL) alongside the submerged pond outfall from ST-100. Roads • 645 Denise—Remove/replace curb patch. Tie new patch into curb with more rebar. Sidewalks • Replace broken/cut walks at the following locations.All replacements to be from joint to joint 2128 Meadowview • Pour PCC sidewalk south side Faxon west of Alanciale to NW corner of subdivision. Streetlights • The following poles need to be plumbed: Alandale/Denise Alandale/Redtail 556 Redtail • Repair streetlight at the NW corner of Alan Dale/Yellowstone. Grading • Re-grade and re-landscape swale between 592-608 Redtail; lower existing sidewalk about 3"; slice curb depression; install PCC overflow pad between curb and sidewalk(this pad will also serve as a sidewalk) • Re-grade and re-landscape swale between 510-522 Redtail; lower existing sidewalk; slice curb depression; install PCC overflow pad between curb and sidewalk. Pond • Confirm NWL. We need to discuss if pond lining will be required. • Confirm that safety shelf is in place, and at the proper elevation and width. • Restore embankment rutted when riprap was placed. • Construct PCC curtain wall. • Provide as-built topography and calculations to confirm storage volume. • Confirm top of berm elevations. • It appears that the dry area of the pond is not graded per plan, and this may be creating a fairly large dead zone where only a few weeds are growing. We may be able to leave the grading alone if you can come up with an acceptable landscape plan for this area. Revise pond grading as required. Landscaping • Replace dead/dying/missing trees at following Iocations: 544 Yellowstone 578 Redtail(leaning badly) 2194 Meadowview(needs a tree) • We have checked the berm landscaping on Faxon and Cannonball. Several trees and shrubs have died or are dying and need to be replaced. Some shade trees are leaning over and need to be straightened.None of the required ornamental trees have been planted. The number of shade trees, evergreens, and shrubs doesn't meet the spacing requirement in most areas. The south end of the berm on Cannonball and the west end of the berm on Faxon(just east of Alandale)has no landscaping at all. The berm landscaping needs to be reviewed and brought up to the required density of plantings. Miscellaneous • Restore any areas disturbed during the repair of punchlist items. • Reset rear property corners along Faxon that were torn out when the sidewalk was constructed. • Remove PCC pad in parkway at 609 Denise Ct. • We have received the record drawings but have not reviewed them yet. Once approved,we will need them on Mylar and in AutoCAD format. • Restore any areas disturbed during the repair of punchlist items. • Submit pond volume calculations for review. It appears that the dry area of the pond is not graded per plan, and this may be creating a fairly large dead zone where only a few weeds are growing. We may be able to leave the grading alone if you can come up with an acceptable landscape plan for this area_ Revise pond grading as required. • Submit overflow route profiles for review. Regrade swales as required_ • Provide two recorded prints of the plat of easement across the Gilbert property. Provide a sign-off from Mr. Gilbert that all the terms of the easement agreement have been satisfied. Please complete these items as soon as possible. If you have questions regarding any of these items,please call me at(630) 553-8545. Very truly yours, Joseph Wywrot City Engineer cc: Tony Graff, City Administrator January 28, 2005 Mr. Alan Norton Alan Dale Farms&Development Corp. 8736 Philippine Road So. Wayne, Wisconsin 53587 Re: Cannonball Estates—Phase 2 Punchlist Dear Alan: Below find the updated punchlist for Cannonball Estates—Phase 2. General • We have received the record drawings,but have not reviewed them yet. Once approved, we will need them on Mylar and in AutoCAD format. • Restore any areas disturbed during the repair of punchlist items. • Conduct 48-hour bum test for all streetlights. Repair as necessary. • Construct sidewalk along south side of Faxon Road from AlanDale Lane to the west edge of the development. • Replace any parkway trees that do not leaf out this spring. • Replace dead trees/bushes along Faxon Road. • Grade park site per plan and place topsoil & seed. Landscape parkway. Obtain approval from Park Board for acceptance of park site. • Submit proof of payment or waivers of lien to all contractors, engineers, and surveyors that you hired for this project. Water • Hydrant across from Lot 85—Replace damaged auxiliary valve. • VV @ Lot 106 -Remove debris and/or blocking, mortar around north pipe and between cone and barrel. • W @ NE corner park(on N/S water line)—replace lid with"City of Yorkville— Water"lid;replace concentric cone with eccentric cone w/steps due to depth of structure. • VV @ NE corner park(on E/W water line)—replace concentric cone with eccentric cone w/steps due to depth of structure. Replace plain lid with"City of Yorkville"lid. • VV @ south end Northland—Reset frame; grade around VV • Hydrant between 2179 &2187 Northland—Raise auxiliary valve box 2 inches. • Hydrant @ Lot 44—Repair trench adaptor(not connected to valve). • Hydrant on Faxon near Lots 108 & 111 —Lower auxiliary valve box to grade. • Locate, raise, and plumb B-Boxes at the following addresses: 2135, 2084 Northland • Chip PCC out of B-Box & check proper operation at the following addresses: 609 Denise, 688 Redtail • Regrade sunken parkway near B-Box @ 2297 Northland Sanitary • Confirm that sewer televising,mandrel testing, and manhole vacuum testing have been satisfactorily performed. • For all manholes that need to have their frames/adjusting rings reset,the work must be performed in the presence of a Yorkville inspector or the manhole must be vacuum tested again. • MH7—Replace lid gasket Storm • Clean out all storm sewers and televise those 12"diameter and larger. Submit written log and one VHS-format videotape. • Vactor out all sump structures. Notify city when this is to occur. • Remove debris from the following structures: ST25 • ST33 —Straighten back of grate(also needs blocking under back plate). • ST5—Add 1 MH step • ST15 —Mortar sewer from NW • Reverse and properly set grate for following structures: ST51 • Field tile MH @ NW corner Phase 2—Mortar pipe to south. • Raise the following buried manholes. We will inspect these structures once this work is done. ST49, ST48 • ST 113 —Remove fabric and remove mud/debris from structure. Please complete this work as soon as possible. If you have questions regarding any of these items,please call me at(630) 553-8545. Very truly yours, Joseph Wywrot City Engineer Cc: Tony Graff, City Administrator MA) i ,cs.o co o United City of Yorkville Memo 800 Game Farm Road. Esr. 16361 Yorkville, Illinois 60560 I Telephone: 630-553-8545 ity Fax: 630-553-3436 Date: March 18, 2005 To: John Wyeth, City Attorney From: Joe Wywrot, City Engineer CC: Tony Grafi; City Administrator Liz D'Anna, Deputy City Clerk Subject: Cannonball Estates Phase 2—Letter of Credit Reduction#4 Attached find a request from Alan Norton to reduce the letter of credit for the referenced development. Alan is asking for the letter of credit to be reduced to 10% of the value of the work performed. Ordinance only allows a reduction to that level after all punchlist items have been performed. Since there are still outstanding punchlist items, I reviewed the request to see if any reductions could be made at this time. All Phase 2 work is substantially complete except for the public sidewalk along Faxon Road(now called Alice Avenue)west of Alan Dale Lane. Alan refers to $28,857.00 worth of work that is not complete, but that work(erosion control and Faxon Road berm landscaping) is substantially complete. Ordinance provides that the City Council may reduce the letter of credit to 15% of the value of the work completed. Attached find a spreadsheet that indicates that a reduction in the amount of$57,824.63 is possible. The remaining amount in the letter of credit would be $140,362.64. We have been discussing various punchlist items with Alan over the last few years in order to get the punchlist completed. Many work items have been performed, but many remain. We have also been notified by several contractors that worked for Alan on this development project that they are still owed money despite requests to Alan for payment. Please place this item on the Public Works Committee agenda of March 28, 2005 for consideration. Alan Dale Farms & DevelO mint, Corp. 9015 Philippine Road, South Wayne WI 53587 * Phone (608)439-1732 * Fax (608)439-1733 February 10, 2005 Joe Wywrot, City Engineer United City of Yorkville 800 Game Farm Road Yorkville IL 60560 _ Re: Cannonball Estates L.O.C. & Recapture Dear Joe; In compliance with your ordinance, I am requesting that the Letter of Credit # 11220 for Phase I, in the amount of $200,920.32 be reduced to $117,827.00 which is 10% of the original estimate of$1,178,279.00. I am also requesting that the Letter of Credit # 11221 for Phase II in the amount of $198,187.23 be reduced to $125,638.00 which is 10% of the original $871,625.90 plus 125% of the $28,857.00 miscellaneous. In compliance with your ordinance, I am also requesting that you release the recapture payment for off-site water main in the amount of$45,185.39, which includes interest through 2/1/05. Please find the attached letter from Annette Williams which included all conditions which have been addressed with Joe Wyeth. By ordinance, this payment is due at annexation or connection to the water main. I do expect the City to comply with its' own ordinance. Sincerely, Alan Norton Alan Dale Farms & Development, Corp. cc: Art Prochaska, Mayor - Tony Graff, City Administrator file i 0 CANNONBALL ESTATES - UNIT 2 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST QUANTITY UNIT PRICE COST WATER MAIN 8"DIA. DIWM-WRAPPED 3708 LF $ 19.25 $ 71,379.00 12"DIA.DM!M-WRAPPED 875 LF $ 24.75 $ 21,656.25 8"GATE VALVE&VAULT 7 EA $ 1,400.00 $ 9,800.00 12"GATE VALVE&VAULT 1 EA $ 2,000.00 $ 2,000.00 16x6 PRESSURE TAP 0 EA $ 3,175.00 $ - 16x8 PRESSURE TAP 0 EA $ 3,500.00 $ - 16x12 PRESSSURE TAP 0 EA $ 4,500.00 $ - FIRE HYDRANT,VALVE AND TRENCH ADAP. 14 EA $ 1,550.00 $ 21,700.00 EXIT. F.H. RELOCATION 0 EA $ 750.00 $ - REMOVE EXIST. VALVE&BOX AND PLUG D EA $ 400.00 $ - REMOVE EXIST. F.H&VALVE AND PLUG 0 EA $ 400.00 $ - SHORT SERVICES 32 EA $ 250.00 $ 8,000.00 LONG SERVICES 32 EA $ 500.00 $ 16,000.00 PLUGS 0 EA $ 50.00 $ - SUBTOTAL $ 150,535.25 SANITARY SEWER 8"DIA PVC SDR 26-3034 3299 LF $ 17.50 $ 57,732.50 8"DIP CL 52 0 LF $ 23.50 $ - 6"SHORT SERVICES 33 EA $ 200.00 $ 6,600.00 6"LONG SEVICES 31 EA $ 600.00 $ 18,600.00 4' DIA MANHOLES • 16 EA $ 1,675.00 $ 26,800.00 5' DIA. MH OVER EXIST.15"INCL. BY-PASS 0 EA $ 3,850.00 $ - ADJUST EXIST. MANHOLES-IN BERM 0 EA $ 650.00 $ - ADJUST EXIST. MANHOLES 0 EA $ 150.00 $ - SUBTOTAL $ 109,732.50 STORM SEWER 5 FT.-4"PE(N-12)SUMP CONN. STUBS 64 EA. $ 75.00 $ 4,800.00 6"PVC 511 LF $ 10.00 $ 5,110.00 12"RCP -1454 LF $ 15.00 $ 21,810.00 15"RCP 722 LF $ 16.50 $ 11,913.00 18" RCP 1578 LF $ 18.50 $ 29,193.00 21"RCP 567 LF $ 21.00 $ 11,907.00 24" RCP 1124 LF $ 22.75 $ 25,571.00 30"RCP 488 LF $ 29.50 $ 14,396.0D 36"RCP 31 LF $ 36.50 $ 1,131.50 TELEVISE SEWER 5964 LF $ 1.00 $ 5,964.00 2'DIA.INLETS AT C&G 13 EA $ 550.00 $ 7,150.00 2' DIA. CB TYP C AT C&G 0 EA $ 600.00 $ - 2' DIA. CB TYP C-TYP 8 12 EA $ 500.00 $ 6,000.00 5'DIA. MH-TYP A 13 EA $ 1,255.00 $ 16,315.00 5' DIA. INLET MH A-TYPE 8 10 EA $ 1,020.00 $ 10,200.00 5' DIA INLET MH A AT C&G 0 EA $ 1,140.00 $ - 5' DIA. INLET MH C AT C&G 9 EA $ 1,320.00 $ 11,880.00 6' DIA, MH-TYP A 1 EA $ 2,100.00 $ 2,100.00 6' DIA. OUTLET CONTROL MH 0 EA $ 2,900.00 $ - SPECIAL STRUCTURE 1 EA $ 3,800.00 $ 3,800.00 TEMP. BULKHEAD 0 EA $ 60.0D $ - 8"PVC-FIELD TILE RE-ROUTING 155 LF $ 12.00 $ 1,860.00 SUBTOTAL $ 191,100.50 TOTAL THIS PAGE $ 451,368.25 18-Mar-05 Letter of Credit/Bond Reduction Subdivision: Cannonball Estates- Unit 2 Reduction No. 4 LOC/Bond LOC/Bond Approved Original Amount to remain Substantially complete Amount to remain Reduction No.3 Item Eno. Est. Letter of Credit after Red. No. 3 prior to Red. No.4 after Red. No. 3 Amount Earthwork $66,540.50 $73,194.55 $9,981.08 $66,540.50 $9,981.08 $0.01 San. Sewer $109,732.50 $120,705.75 $16,459.88 $109,732.50 $16,459.88 $0.01 Watermain $150,535.25 $165,588.78 $22,580.29 $150,535.25 $22,580.29 $0.00 Storm Sewer $191,100.50 $210,210.55 $28,665.08 $191,100.50 $28,665.08 $0.01 Pavement $324,860.15 $357,346.17 $102,465.30 $314,735.15 $58,347.77 $44,117.53 Miscellaneous $28.857.00 $31.742.70 $18.035.63 $28,857.00 $4.328.55 $13.707.08 Totals $871,625.90 $958,788.49 $198,187.26 $140,362.64 $57,824.63 Notes: 1) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. „csO co./. United City of Yorkville Memo ,,; ”" 800 Game Farm Road est . . ° 1536 Yorkville, Illinois 60560 Ea)` y Telephone: 630-553-8545 .p may ��o Fax: 630-553-3436 4LE ‘�, Date: March 18, 2005 To: John Wyeth, City Attorney ti l From: Joe Wywrot, City Engineer V CC: Tony Graff City Administrator Liz D'Anna, Deputy City Clerk Subject: Cannonball Estates Phase 1 —Letter of Credit Reduction#5 Attached find a request from Alan Norton to reduce the letter of credit for the referenced development. Alan is asking for the letter of credit to be reduced to 10% of the value of the work performed. Ordinance only allows a reduction to that level after all punchlist items have been performed. Since there are still outstanding punchlist items, I reviewed the request to see if any reductions could be made at this time. All Phase 1 work is substantially complete, therefore ordinance provides that the City Council may reduce the letter of credit to 15% of the value of the work completed. Attached find a spreadsheet that indicates that a reduction in the amount of$24,178.45 is possible. The remaining amount in the letter of credit would be$176,741.87 We have been discussing various punchlist items with Alan over the last few years in order to complete the punchlist completed. Many work items have been performed, but many remain. We have also been notified by several contractors that worked for Alan on this development project that they are still owed money despite requests to Alan for payment. Please place this item on the Public Works Committee agenda of March 28, 2005 for consideration. Alan Dale -arms & Development, Corp. 9015 Philippine Road, South Wayne WI 53587 * Phone (608)439-1732 * Fax (608)439-1733 February 10, 2005 Joe Wywrot, City Engineer United City of Yorkville 800 Game Farm Road • Yorkville IL 60560 _ Re: Cannonball Estates L.O.C. & Recapture Dear Joe; In compliance with your ordinance, I am requesting that the Letter of Credit # 11220 for Phase I, in the amount of $200,920.32 be reduced to $117,827.00 which is 10% of the original estimate of$1,178,279.00. I am also requesting that the Letter of Credit # 11221 for Phase II in the amount of $198,187.23 be reduced to $125,638.00 which is 10% of the original $871,625.90 plus 125% of the $28,857.00 miscellaneous. In compliance with your ordinance, I am also requesting that you release the recapture payment for off-site water main in the amount of$45,185.39, which includes interest through 2/1/05. Please find the attached letter from Annette Williams which included all conditions which have been addressed with Joe Wyeth. By ordinance, this payment is due at annexation or connection to the water main. I do expect the City to comply with its' own ordinance. Sincerely, ��- /7 r7p . Alan Norton Alan Dale Farms & Development, Corp. cc: Art Prochaska, Mayor - Tony Graff, City Administrator file 18-Mar-05 Letter of Credit/Bond Reduction Subdivision: Cannonball Estates- Unit 1 Reduction No. 4 Approved Original amount Amount Remaining Substantially Complete Reduction No.5 Reduction amt. Item Eno. Est. for LOC/Bond after Red.#4 Prior to Red#5 Amount to Remain for Red. No.5 Earthwork $116,421.50 $128,063.65 $17,463.23 $116,421.50 $17,463.23 $0.00 San. Sewer $96,322.50 $105,954.75 $14,448.38 $96,322.50 $14,448.38 $0.00 Watermain $168,620.25 $185,482.28 $25,293.04 $168,620.25 $25,293.04 $0.00 Storm Sewer $233,973.75 $257,371.13 $35,096.06 $233,973.75 $35,096.06 . $0.00 Pavement $344,040.15 $378,444.17 $51,606.02 $344,040.15 $51,606.02 $0.00 Miscellaneous $218.901.00 $240,791,10 $57.013.60 $218.901.00 $32.835.15 $24.178.45 Totals $1,178,279.15 $1,296,107.07 $200,920.33 $176,741.87 $24,178.45 Notes: 1) LOC/Bond amt.to be 15% of subsantially completed items plus 110% of uncompleted items. / P E,rtoFN� UNITED STATES DEPARTMENT OF COMMERCE 1\11 �^, Economics and Statistics Administration U.S. Census Bureau Washington, DC 20233-0001 F° OFFICE OF THE DIRECTOR March 11, 2005 United City of Yorkville Attn: Bart Olson 800 Game Farm Road Yorkville, Illinois 60560 Dear Mr. Olson: This will acknowledge receipt of your check in the amount of$200 for a cost estimate for a special census of the United City of Yorkville. The estimated total cost of the special census of the United City of Yorkville,based on your population estimate of 9,986 persons, is $172,512. Of this amount, $106,351 is paid to the Census Bureau in advance, and $66,161 is held by the United City of Yorkville to pay local persons who work on the special census. We are enclosing two copies of the Memorandum of Understanding(MOU) for the special census. Please read the MOU carefully, giving particular attention to the Terms sections, so you are aware of the responsibilities of all the parties involved. As indicated in Terms item B(3)(a),the cost of the special census could increase significantly if sufficient applicants are not provided due to the additional time the Census Bureau supervisor would have to spend in recruiting additional applicants. It will be necessary to have an authorized local official sign and complete both copies of the MOU in the section designated"FOR THE GOVERNMENTAL UNIT." If you wish to have us begin work on the special census,please forward a check for $106,351,payable to Commerce-Census, along with both signed copies of the MOU to the following address: Bureau of the Census P.O. Box 277943 Atlanta, GA 30384 Attn: Special Censuses Approximately three weeks after we receive your payment and signed MOU,you will receive another set of census maps for your jurisdiction with specific instructions to provide updates for current corporate boundaries. It is important that you review these maps and delineate the current boundaries of your jurisdiction and return them within one week. Ordinances and plats are required for annexations. Information received from you regarding updated corporate limits will be used in the preparation of all maps and geographic products required to conduct your special census. Questions regarding corporate limits must be resolved before the special census begins. Total time needed to complete your Special Census and provide certified data is approximately 6-7 months from the time we receive the MOU and partial payment.Preparatory work takes USCENSUSBUREAU Heloma You Make Informed Decisions virww.census.gov 2 approximately 3 months, enumeration averages about one month, and processing and certification takes about 3 months. Providing certified data within 6-7 months from a signed MOU assumes that all mapping updates from you are returned within the requested time frame. We cannot guarantee delivery of certified data to you on a specific date. However,we will make every effort to deliver the data as soon as possible after enumeration is complete. If you require certified data on or before a specific date,please contact us before signing the MOU so that we can discuss together the feasability of meeting this deadline. Please note that the Census Bureau will provide the data to any Federal, state, or local official, or other individual upon receipt of a written request. If you have questions or require further information,please call the Office of Special Censuses at 301-763-1429 or fax 301-457-8329. Sin�cerelly, 6.2442 p r ost Brian Monaghan Chief,Field Division Bureau of the Census Enclosures MEMORANDUM OF UNDERSTANDING NO. ¢P :.z•, UNITED CITY OF YORKVILLE I, AND THE UNITED STATES OF AMERICA DEPARTMENT OF COMMERCE +• ` BUREAU OF THE CENSUS Memorandum of Understanding between the United States of America,Department of Commerce,Bureau of the Census, (hereinafter referred to as the Census Bureau) and the United City of Yorkville,Kendall County,Illinois. (hereinafter referred to as the Governmental Unit). INTRODUCTION 1. The Governmental Unit bas requested that a special census be taken under the authority of Title 13,United States Code,Section 196. 2. Section 196 of Title 13 authorizes the Secretary of Commerce to take a special census for a state,local,or tribal government upon payment of the actual or estimated cost. 3. The Governmental Unit is willing to pay all costs of taking the special census including,but not limited to, appropriately furnished office quarters,total compensation of all field enumeration and supervisory personnel, compensation of Census Bureau headquarters and regional office personnel for time allocated to the special census,overhead for headquarters and regional offices,processing and tabulation of data,and all other costs attributable to taking the special census. 4. In taking the special census,the Governmental Unit is directly responsible for recruiting and compensating all field personnel determined necessary by the Census Bureau for taking the special census. Notwithstanding the Governmental Unit's responsibility for recruitment and compensation,such field personnel shall be and remain employees of the Census Bureau,subject to all appropriate Federal laws,and under its direct supervision. In this regard,the Census Bureau reserves the right to reject persons recommended by the Governmental Unit if such persons fail to meet employment criteria. TERMS Acknowledging the foregoing,the parties agree as follows: A. (1) The Census Bureau shall designate one or more experienced employees to direct the taking of the special census. (2) The Census Bureau employee(s)shall oversee all aspects of the enumeration including the hiring, training,and separation of enumerators,crew leaders,and other temporary personnel employed locally to take the special census. The designated Census Bureau employee(s)shall exercise day-to-day technical supervision of these employees.All such temporary personnel shall be Federal Government employees and neither the Governmental Unit nor any representative of the Governmental Unit shall supervise, exercise control over,or in any other way interfere with such employees in the performance of their responsibilities. B. (1) The Governmental Unit shall update maps of the proposed census area in accordance with instructions provided by the Census Bureau. The Governmental Unit shall provide any certification of legal boundaries within the proposed census area as required by the Census Bureau. Once the Governmental Unit boundaries have been certified by the Census Bureau,these boundaries will become the official boundaries for the special census.Any annexations after the Governmental Unit has certified its boundaries will not be included in the special census. The special census will not be scheduled until these obligations have been completed to the satisfaction of the Census Bureau. (2) The Governmental Unit shall supply,free of charge,satisfactory office quarters equipped with telephone(s),office furniture,photocopier,fax machine,and other equipment and furnishings as determined necessary and proper by the Census Bureau. These quarters must meet all security and confidentiality requirements as agreed to by the Census Bureau representative. MOU No.: GU:United City of Yorkville,IL (3) The Governmental Unit shall recruit sufficient qualified applicants for enumerators,crew leaders,and other positions as may be needed to complete the special census. Employees shall be selected for employment and separated under standards established by the Census Bureau,and shall take an oath or affirmation,as required,to protect the confidentiality of the information they collect The Census Bureau reserves the right to reject any persons recommended by the Governmental Unit if such persons fail to meet the established employment standards. The Governmental Unit shall be responsible for all administrative operations relating to the reconcilement and payment of these employees. The Governmental Unit shall also comply with all applicable federal,state,and local laws,including but not limited to those pertaining to the Equal Employment Opportunity Act and the Fair Labor Standards Act applicable to these employees,and shall complete and file any and all reports required thereunder. (a) In the event that sufficient suitable applicants are not furnished by the Governmental Unit for the necessary positions and the Census Bureau must expend funds to obtain applicants to fill the remaining positions,the Governmental Unit agrees to reimburse the Census Bureau for those additional expenses. This will increase the costs estimated in B.(4).and B.(5).In addition,if the Governmental Unit fails to provide sufficient suitable applicants,delays in completing the special census may occur. (4) (a) The Governmental Unit shall pay directly enumerators,crew leaders,and others hired locally to conduct the actual enumeration,at rates of pay fixed by the Census Bureau. The compensation of such enumerators,crew leaders,and others shall be paid to them directly by the Governmental Unit upon approval by the designated Census Bureau employee. The Governmental Unit shall pay or withhold from the compensation paid to the enumerators,crew leaders,and others locally employed all amounts necessary for Social Security,federal,state,and local income tax,or other sums required to be paid or withheld by federal,state,or local laws. The amount necessary to cover these expenses,not including worker's compensation and unemployment benefits,is estimated to be $66,161. The Governmental Unit agrees that these funds will be available for disbursement upon approval of the designated Census Bureau employee. (b) The Government Unit shall reimburse the Census Bureau for all funds expended by the Census Bureau resulting from payments to the Department of Labor under applicable federal workers' compensation and unemployment benefits laws. (c) The Governmental Unit shall reimburse the Census Bureau and/or the United States for all funds expended in the processing,investigation and defense of all administrative and/or judicial claims regarding the actions of temporary employees arising from their employment pursuant to this Memorandum of Understanding(MOU). In addition,the Governmental unit agrees to indemnify the Census Bureau and/or the United States for any settlements and/or judgments incurred by the latter as a result of the actions of temporary employees arising from their employment pursuant to this MOU. (5) In addition to the salary expenses to be paid directly by the Governmental Unit to all temporary employees hired locally,the Governmental Unit agrees to pay all other expenses related to the taking of the special census,including but not limited to(a)administrative and technical work performed by headquarters and regional personnel;(b)printing and preparation of enumeration questionnaires and related materials;(c)map preparation;(d)tabulation expenses;(e)the cost of the designated Census Bureau employee's salary,allowances for subsistence at the standard federal rate per day,traveling expenses,other reasonable and necessary expenses,and overhead and other charges applicable to these costs;and(f)other incidental expenses incurred by the Census Bureau in completing the special census. Based on an estimate of the population of 9,986,the estimated cost for these services is$106,351. A payment of that amount shall be furnished to the Census Bureau before any work on the special census is performed. The advance payment will be adjusted to actual costs and billing or refund made as appropriate. This payment is for Census Bureau costs referenced in this item and excludes those directly payable by the Governmental Unit under item B.(4)above. (6) In accordance with B.(5),if actual cost exceeds the advance payment,the additional payment to the Census Bureau is due in full,30 days from the date of the invoice. A late charge shall be imposed on the overdue amount for each 30-day period or portion thereof during which the remittance is due. The late charge will be based on a percentage rate equal to the current value of funds to U.S.Treasury in accordance with Treasury fiscal requirements. C. Notwithstanding the Governmental Unit's direct payment of compensation,all temporary enumerators, crew leaders,and others hired locally to conduct the special census are employees of the Federal Government.Therefore,regarding the negligent or wrongful acts of any temporary employees arising from their employment pursuant to this MOU,any claims and/or litigation arising from said acts will be adjudicated pursuant to the Federal Tort Claims Act,28 U.S.C.2671 et seq.(see section B.(4)(c)herein regarding reimbursement and indemnification requirements). MOU No.: GU:United City of Yorkville,IL D. The individual information collected by the enumerators on the special census questionnaires is strictly confidential pursuant to the provisions of Title 13,United States Code,and the questionnaires shall be controlled by and returned directly to the authorized representative of the Census Bureau. All such special census questionnaires and all other papers relating to the special census are the property of the Census Bureau and under the law may only be made available to and examined by Census Bureau officials and employees. Unlawful disclosure subjects employees to a fine of up to$250,000 or imprisonment of up to 5 years,or both.The Census Bureau shall provide to the Governmental Unit the official population and housing unit count derived from the special census at the earliest practicable date after completion of the enumeration and the processing required to produce the statistical results. This count,which shall be as of the date of the special census,will be provided in writing and signed by an appropriate Census Bureau official. The Census Bureau will not guarantee delivery of the final count by any specified date and shall not be held responsible for any loss or damages suffered by the Governmental Unit due to the data not being available by a specific date.The Governmental Unit accepts that responses to a special census,unlike a decennial census,are voluntary and some respondents may choose to not answer some questions. When this happens,the Census Bureau will make every effort to collect as much information as possible. If the Census Bureau cannot obtain information directly from respondents,the Census Bureau will follow statistical procedures to assign the missing information based on information provided by people in the housing unit or from people from neighboring housing units. The Governmental Unit also accepts that,to complete the count of the group quarters population,it may be necessary for the Census Bureau to obtain information for people residing in certain institutions(such as correctional facilities with security issues) from administrative records rather than from the respondents themselves. The Census Bureau will provide detailed statistical results to the Governmental Unit subject to limitations imposed by Title 13,United States Code,to protect the confidentiality of respondents. The Census Bureau can only use the special census counts in the intercensal population estimates program iE 1)the entire area of a governmental unit is included in the special census,2)the legal boundaries of the governmental unit correspond to those used in the Population Estimates program(boundaries legally in effect on January 1 of the estimates year),and 3)the boundaries are reported to the Census Bureau for processing by April 1 of the estimates year,and 4)final approved counts from the Special Census enumeration are ready by August 1 of the estimates year. If a Governmental Unit requests a special census for only a portion of their area,they do so with the understanding that the results of this partial special census will not be included in any subsequent Census Bureau population estimates.The Governmental Unit shall accept as final the official population count and other statistical results when provided by the Census Bureau. E. This MOU maybe terminated in writing by the Governmental Unit before enumeration begins. In the event of termination of the MOU,the Census Bureau will be reimbursed by the Governmental Unit for costs incurred or obligated prior to the date of termination. Once the enumeration has commenced,it will be carried to completion,the data will be processed,and the results will be reported. The Census Bureau may terminate in writing this MOU in whole or in part,when it is in the Federal Government's interest. If this MOU is terminated,the Census Bureau will return any unused funds to the Governmental Unit. F. In the event a dispute arises under or related to the terms of this MOU,and before any legal action is taken, the Parties mutually agree to select a forum for alternate resolution of the dispute. FOR THE GOVERNMENTAL UNIT FOR TUE CENSUS BUREAU BY: BY: NAME: DATE: Brian Monaghan DATE: Chief,Field Division TITLE: Bureau of the Census Form SC-3 6/02/2004 STATE OF ILLINOIS TAX STATE OF ILLINOIS TAX REVENUES REVENUES ESTIMATED 5 MONTH EFFECT ESTIMATED ANNUAL EFFECT OF 2005 SPECIAL CENSUS OF 2005 SPECIAL CENSUS STATE INCOME TAX STATE INCOME TAX 2005/2006 ANNUAL ESTIMATE ESTIMATE Estimate 67.50 Estimate 67.50 Population 1,620 Population 1,620 1 Month Estimate 1 Month Estimate (Est*Pop/12) 9,112.50 (Est*Pop/12) 9,112.50 # Months 5 # Months 12 45,562.50 109,350.00 STATE MOTOR FUEL TAX STATE MOTOR FUEL TAX 2005/2006 ANNUAL ESTIMATE ESTIMATE Estimate 28.35 Estimate 28.35 Population 1,620 Population 1,620 1 Month Estimate 1 Month Estimate (Est*Pop/12) 3,827.25 (Est*Pop/12) 3,827.25 # Months 5 # Months 12 19,136.25 45,927.00 STATE USE TAX STATE USE TAX 2005/2006 ANNUAL ESTIMATE ESTIMATE Estimate 10.25 Estimate 10.25 Population 1,620 Population 1,620 1 Month Estimate 1 Month Estimate (Est*Pop/12) 1,383.75 (Est*Pop/12) 1,383.75 # Months 5 # Months 12 6,918.75 16,605.00 71,617.50 5 MONTH TOTAL 171,882.00 12 MONTH TOTAL Prepared by Traci Pleckham 4/7/2005 LAND CASH VALUATION ANALYSIS & REPORT PREPARED FOR Honorable Arthur F. Prochaska, Jr. Mayor, City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 DATE OF VALUATION: March 8, 2005 DATE OF REPORT: March 25, 2004 PREPARED BY: THOMPSON APPRAISALS DAVID E. THOMPSON CRA/CIAO STATE IDENTIFICATION # 153-001147 Certified General Real Estate Appraiser Expires 9-30-2005 THOMPSON APPRAISALS 401 Meadow Ln. NEWARK, IL 60541 Telephone 815-695-1401 FAX 815-695-1400 March 20, 2005 Honorable Arthur F. Prochaska, Jr. Mayor, City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mayor Prochaska, In accordance with your request, I have conducted an in depth study of the necessary data required to prepare a report for the purpose of determining a Land Cash value. This value would represent the Market Value of an improved acre of land within a residential subdivision ready to be built upon. Market value as used in the context of this report is defined as: "...The most probable price expressed terms of money that a property would bring if exposed for sale on the open market in an arm's length transaction between a willing seller and a willing buyer, both of whom are knowledgeable concerning all the uses to which it is adapted and for which it is capable of being use." Property Assessment Valuation, Chicago: International Association of Assessing Officers, 1977, page 2t) The property rights appraised are fee simple estate as though free and clear, without liens and encumbrances. Based on my investigation and study of available market data and subject to the limiting conditions attached to this report, the estimated land cash/impact fee value of the property being appraised as of March 8, 2005 is estimated to be about $80,000Acre. Submitted herewith is my report containing the analysis and conclusion of which my estimate is based. Sin `rel ,. ►�.'_`/• p hom p s. CRA/CIAO 2 CERTIFICATE OF VALUE I hereby certify that I have no present nor prospective interest in any of the property utilized for this report. It is assumed that the improvements are entirely and correctly located on the property described, and that there are no encumbrances or overlapping boundaries. It is further assumed that there are no environmental hazards or problems existing on said subject property. It is assumed that the title is Marketable and only the fee simple title has been appraised. The contents of this letter are to be used only with permission of the Appraiser, and use of any part without referring to the whole appraisal shall invalidate it. The information contained herein is based on the experience and knowledge of this Appraiser and information furnished by others can only be assumed to be correct. The issuance of this report shall not require the testimony of this Appraiser in court unless previous arrangements have been made. I have no undisclosed interest in the any property, either past, or present or contemplated, and that my estimate of value was prepared without undue influence or suggestion by others. The compensation for this report is in no way contingent upon the value estimate contained in this report, nor is it contingent upon anything other than the delivery of this report. The appraisal assignment was not based on a requested minimum valuation, a specific valuation or the approval of a loan. It is my opinion that as of March 8, 2004 the "Fair Market Value" for an improved acre of land was about:$ 80,000Acre. Res•/`ctfu 1" ub , tted, T ps•n A,prai - David E. Thompson CRA/CIAO Certified General Real Estate Appraiser No. 153-001147 - Expires 9-30-2005 3 TABLE OF CONTENTS Letter of Transmittal 2 Certificate of Value 3 Table of Contents 4 General Underlying Assumptions 5-7 General Limiting conditions 8-10 Function, Purpose, Scope 11-12 Definition Of Market Value 13-14 Area Data 15-18 County Map 19 City Analysis 20-23 Yorkville School Data 24 Neighborhood Analysis 25 School District Map 26 Site Description 27 Valuation Analysis 28-29 Cost Approach 30-34 Market Data Approach 35-37 Summary & Conclusion 38 Qualifications 39-40 4 GENERAL UNDERLYING ASSUMPTIONS Legal Matters: The legal description used in this report is assumed to be correct, but it may not necessarily have been confirmed by survey. No responsibility is assumed in connection with a survey or for encroachments or overlapping or other discrepancies that might be revealed thereby. Any sketches included in the report are only for the purpose of aiding the reader in visualizing the property and are not necessarily a result of a survey. No responsibility is assumed for an opinion of legal nature, such as to ownership of the property or condition of title. The appraisers assume the title to the property to be marketable; that, unless stated to the contrary, the property is appraised as an unencumbered fee which is not used in violation of acceptable ordinances, statutes or other governmental regulations. Unapparent Conditions: The appraisers assume that there are no hidden or unapparent conditions of the property, subsoil or structures which would render it more or less valuable than otherwise comparable property. The appraisers are not experts in determining the presence or absence of hazardous substance, defined as all hazardous or toxic materials, waste, pollutants or contaminants (including, but not limited to, asbestos, PCB, UFFI, or other raw materials or chemicals) used in construction or otherwise present on the property. 5 The appraisers assume no responsibility for the studies or analysis which would be required to conclude the presence or absence of such substances or for loss as a result of the presence of such substances. The client is urged to retain an expert in this field, if desired. The value estimate is based on the assumption that the subject property is not so affected. Information and Data: Information, estimates, and opinions furnished to the appraisers and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the appraisers can be assumed by the appraisers. All mortgages, liens, encumbrances, and servitudes have been disregarded unless so specified within the appraisal report. The subject property is appraised as though under responsible ownership and competent management. Zoning and Licenses: It is assumed that all applicable zoning and use regulations and restrictions have complied with, unless a nonconforming use has been stated, defined and considered in the valuation. It is assumed that the subject property complies with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined and considered in the valuation. 6 It is assumed that the information relating to the location of or existence of public utilities that has been obtained through a verbal inquiry from the appropriate utility authority, or has been ascertained from visual evidence is correct. No warranty has been made regarding the exact location or capacities of public utility systems. It is assumed that all licenses, consents or other legislative or administrative authority from local, state or national governmental or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate contained in the valuation report is based. 7 GENERAL LIMITING CONDITIONS The appraisers will not be required to give testimony or appear in court due to preparing the appraisal with reference to the subject property in question, unless prior arrangements have been made. Possession of the report does not carry with it the right of publication. Out-of-context quoting from or partial reprinting of this appraisal report is not authorized. Further, neither all nor any part of this appraisal report shall be disseminated to the general public by the use of media for public communication without the prior written consent of the appraisers signing this appraisal report. The authentic copies of this report are bound with a clear cover which reveals the Thompson Appraisals name. Any copy that does not have this name or original signatures of the appraiser is unauthorized and may have been altered, and is considered invalid. Disclosure of the contents of this report is governed by the By-Laws and Regulations of the International Association of Assessing Officials. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers or the firm with which they are connected, or any reference to the IAAO or to the appraisal designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without the prior written consent and approval of the author. 8 The distribution of the total valuation in this report, between land and improvements, is applicable only as a part of the whole property. The land value, or the separate value of the improvements, must not be used in conjunction with any other appraisal or estimate and is invalid if so used. No environmental or concurrency impact studies were either requested or made in conjunction with this appraisal report. The appraisers, thereby, reserve the right to alter, amend, revise, or rescind any of the value opinions based upon any subsequent environmental or concurrency impact studies, research or investigation. An appraisal related to an estate in land that is less than the whole fee simple estate applies only to the fractional interest involved. The value of this fractional interest plus the value of all other fractional interests may or may not equal the value of the entire fee simple estate considered as a whole. The appraisal report related to a geographical portion of a larger parcel is applied only to such geographical portion and should not be considered as applying with equal validity to other portions of the larger parcel or tract. The value for such geographical portions plus the value of all other geographical portions may or may not equal the value of the entire parcel or tract considered as an entity. The appraisal is subject to any proposed improvements or additions being completed as set forth in the plans, specifications, and representations referred to in the report, and all work being performed in a good and workmanlike manner. The appraisal is further subject to the proposed improvements or additions being constructed in accordance with the regulations of the local, county, and state authorities. The plans, specifications, and representations 9 referred to are an integral part of the appraisal report when new construction or new additions, renovations, refurbishing, or remodeling applies. If this appraisal is used for mortgage loan purposes, the appraisers invite attention to the fact that (1) the equity cash requirements of the sponsor have not been analyzed, (2) the loan ratio has not been suggested, and (3) the amortization method and term have not been suggested. The function of this report is not for use in conjunction with a syndication of real property. This report cannot be used for said purposes and, therefore, any use of this report relating to syndication activities is strictly prohibited and unauthorized. If such an unauthorized use of this report takes place, it is understood and agreed that Thompson Appraisals has no liability to the client and/or third parties. Acceptance of and/or use of this appraisal report constitutes acceptance of the foregoing General Underlying Assumptions and General Limiting Conditions. The appraisers' duties, pursuant to the employment to make the appraisal, are complete upon delivery and acceptance of the appraisal report. However, any corrections or errors should be called to the attention of the appraiser within 60 days of the delivery of the report. 10 FUNCTION OF APPRAISAL The function of the appraisal is for internal decision making and to estimate fair market value for the purpose of determining a fair and reasonable land cash fee value. PURPOSE OF APPRAISAL The purpose of the appraisal is to estimate the market value of the fee simple estate of the property under market conditions prevailing on March 8, 2005. SCOPE OF APPRAISAL A narrative appraisal report on the subject property has been prepared. The subject property data such as size, location, quality and zoning are considered and presented in this report. Market data, including land sales, building costs, rental rates, operating expenses, comparable improved sales, and supply and demand are among the items researched, analyzed, and presented. The data is used to consider the highest and best use of the subject property and to estimate the market value. 11 The appraisers lack the knowledge and experience with respect to the detection and measurement of hazardous substances. Therefore, this assignment does not cover the presence or absence of such substances as discussed in the General Underlying Assumptions sections. However, any visual or obviously known hazardous substances affecting the property wil be reported and an indication of its impact on value will be discussed. The documentation necessary to arrive at the value is considered in this appraisal report. The market data has been collected, confirmed, and analyzed. Comparable sales were chosen for their similar highest and best uses as outlined within the report. All sales were analyzed and compared to the subject property based on their similarities and dissimilarities. The replacement costs of similar structures and income generated by equal properties have been compared. These approaches were considered and judged in reaching a final estimate of value. 12 DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated: 2. both parties are well-informed or well-advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. The definition of market value was taken from the Department of the Treasury, Office of the Comptroller of the Currency, 12CFR Part 34, dated August 24, 1990 (Section 34.42 Definitions). 13 Market Value Comments: The factors of utility, scarcity, desire and effective purchasing power are apparent in the definition. The implication that buyer and seller are working under equal pressure is seldom completely true, although typical motivation for each does imply a reasonable balance for a market value transaction. Market prices do not necessarily follow all of these concepts and are often affected by salesmanship and the urgency and need of the buyer and/or seller. The central difference between market price and market value lies in the premise of knowledge and willingness both of which are contemplated in market value, but not in market price. Stated differently, at any given moment of time, market value denotes what a property is actually worth under certain specified conditions, while market price denotes the actual sale price. Probability of Value Change: The market value of the property appraised in the report is estimated as of the aforementioned date. Constantly changing economic, social, political and physical conditions have varying effects upon real property values. Even after the passage of a relatively short period of time, property values may change substantially and require a review of the appraisal and recertification. 14 AREA DATA Kendall County is located approximately 45 miles southwest of Chicago, Illinois and borders the counties of Kane, Dupage and Will of the Chicago SMSA (Standard metropolitan Statistical Area). It encompasses 324 square miles of land and is traversed by the Fox River running from the northeast to the southwest. Its major arterial roadways are Illinois Routes 47, 126, 71, 31, 25, and U.S. Routes 34, 52 and 30. Regional shopping centers are located in Aurora, Naperville and Joliet, as well as, major services including hospitals and related health care services, churches and major retail establishments. Neighborhood and community shopping centers are located in cities of Piano, Yorkville, Sandwich, Oswego, and unincorporated Boulder Hill, as well as, downtown business districts with assorted retail stores and services. Kendall County has been a predominantly rural county, although the last ten years have produced some dramatic changes. Rapid growth is being experienced in the northeast area of the county. Oswego Township is realizing most of this growth, Bristol, Little Rock and Kendall Townships are also beginning to see some expanded growth patterns. Shopping facilities, whether a shopping center or a downtown business district, are anywhere from a few blocks to no more than a 25 mile drive from any point within the County. 15 1990 U.S. Census figures show a Kendall County population of about 40,000. This is an increase from 1970 of approximately 12,000. The 200 Census shows a population of over 54,000 and the latest projections indicate that total is actually closer to 85,000. Almost 70% of this population resides in the northern Townships of Oswego, Bristol and Little Rock. Population projections range from 85,000 to 130,000 residents by the 2010. Plano, Yorkville, and Oswego are the major towns in the county all with over 6,000 population. Boulder Hill is an unincorporated subdivision in Oswego Township with an estimated population of over 12,000 and is the most rapidly growing area of Kendall County. Although agriculture is the major industry in this county, farming only represents a about 4% of the labor force. Major industry divisions consist of manufacturing, services retail trade and construction. The labor force is about 22,000 and the unemployment rate is under 5%. Kendall County's 1990 median family income was about $42,834 and rose in 1996 to about $52,064. The per capita income for 1979 was about$8,500 and in 1983 increased to about $10,500 and again in 1996 to approximately $17,000. The county operates under the County Board of Supervisors, a board comprised of ten (10) individuals, each elected to a four (4) year term and representing one of the county's two (2) legislative districts of about equal population. 16 Township governments are also active in each of the nine (9) townships within the county and each city/village operates under a Mayor/Council form of government. Police, fire and ambulance services are available to most areas of the county through their local communities or the county Sheriffs Department. Sewage treatment facilities are available in the villages of Plano, Yorkville, Oswego, and Newark, some unincorporated areas of Oswego Township are serviced by the Aurora Sanitary District. Most rural residents have their own private septic tanks. The above named cities/villages also provide public water treatment plants, while the remainder of the county is generally serviced by private wells. Kendall County provides its youth with quality education through both public and parochial facilities. The latest available figures show that over 97% of all Kendall County High School seniors graduate. These graduates consistently score above State averages on performance evaluation exams. Two (2) community college districts, Joliet and Waubonsee, serve the residents of Kendall County and several major four-year universities are within 200 miles from the county. Housing within the county is predominantly single-family. There is a mixture of apartments, low to moderate income housing and senior citizen complexes are available in certain more populous areas of the county. 17 Kendall County is a growing area that offers its residents an acceptable level of services, both public and private. It is an area that is experiencing growth, while some portions of Illinois remain stagnant or worse yet, lose valuable commodities of population and employment opportunities. It is fortunate to have low unemployment and above average earning capabilities for its residents. They do this by actively seeking business and industry compatible with the county's planning goals. This helps to minimize any large increase in property tax rates associated with only residential growth. Increased tax rates, necessary to provide essential services, do not appear to be a deterrent to continued growth in Kendall County. 18 County Map • • \ ;; . .,., / • I . 7.__‘ . • - ' Vigil,,..n 5 / • -- 1 • • 19 CITY ANALYSIS AsToRj= Y ca ilivoff.frathLlon Yorkville is proud of its past and also takes pride in its commitment to the future. Permanent settlement of Kendall County began within a year after the Blackhawk War ended in 1832. By 1833, Earl Adams had built a small cabin on what was later known as Courthouse Hill on the south side of town.In 1 834,Lyman and Burr Bristol laid out the village of Bristol on the north side of the river. When the county of Kendall was formed in 1841, Yorkville was chosen as the county seat. After a 13 year period in which Oswego claimed that honor,Voters chose in 1859 to relocate 20 • the county government to a spot near the island in the Fox River between the villages of Yorkville and Bristol.Yorkville's site was chosen and a new Courthouse was completed in 1864. Replaced in 1997 with a new Courthouse on the north side of Yorkville,the i'364 building has been recommended for the National Register of Historic Places. in 1870,the railroad came to Yorkville and businesses sprang up along the tracks and nearby river.Some of the most prominent businesses made use of the area's natural resources-Squire Dingee's pickle factory,the Yorkville Ice Company which sold the harvest from the Fox River,and the Rehbchn Brothers button factory, whose product was made from clam shells found in,the river. A disastrous fire at the Courthouse prompted two civic improvements that furthered the growth of the city.A fire house was built in 1888,and the city of-Yorkville began city water service with water carried into town in wooden pipes from a spring south of town. Some of the slest business buildings indowrItown Yorkville.are stillstanding. . The oldest is the two story structure on the west side of Bridge Street just south of the railroad tracks.It was built in 1856,and first housed the dry goods business of .tames Crooker and Capt.F.M.Hobbs,who also laid out the village square in Bristol.That square,complete with gazebo,is still used today as a city park and is the site each summer of Friday night outdoor concerts and weekly Farmers' Markets. Yorkville existed as two towns north and south of the Fox River,with separate governments,for more than :00 years.In 1957,the United City of the village of Yorkville was created with Ellsworth Tic%in_dett as the first mayor.Residents of the two towns agreed to form a unified school district in 1383.High school classes began that year in the building downtown at the northeast corner olVan E 1mon and Bridge Streets.Education soon took a big step forward with the constriction in i 1188 of a two story brick school building on West Center Street.After Circle Center School was built lit 1968,it was closed and the Yorkville School District space in it was rented to Waubonsee Community College for a time.Rising enrollment in the early 1970's led to its re-opening and re-naming as Parkview School. The downtown area remained the only business district in town until the • construction in 1972 of Countryside Center. More businesses soon followed at the intersection of Routes 34 and 47. Several light manufacturing firms were established in the Fox Industrial Park at the south end of townilii the 1970's.Business growth continued to stretch city borders south of Route 71 and north of Cannonball Trail to the Amurol plant in 1994. Both the city and school district now use land on the north side that was the site of Lhe Kendall County Fair from 1858 to 1.906. It was later used by the Illinois Department of Conservation as a state game farm_As the state reduced that operation, land on the east side of Gairic Farm Road was deeded to the city.A gift from the will of a Conner city clerk,Clarence Beecher,made possible the brick Beecher Community Building there.Later,the Yorkville Public Library,displaced by the construction of a four lane bridge on Route 47 La 1985,was built on the site. 21 The state later deeded the land west of Game Farm Road to the Yorkville School District and Elm-wood Cemetery. The school clstr cl uoeinec a new_ 130,000 set were toot nigh school there in 19^,l'•_ Lound that was used for the enjoyment of the community at its County Fair in the 19th century remains available for iauhlie use as the 21st cc._it:ry dawns. f C j'‘,,1 Yorkville is the county seat in Kendall + j County, Illinois. The town of 6,100 f--f citizens has easy access to northernP,ocf Ec.rd 1r Illinois transportation nem,ork- Located - just 45 miles west of Chicago, the arca >� has the advantage of country i iv?ng with t:j _ Chi,an ao the convenience of the bia ciiy nearby. �e i µ ? Reading the Yorkville vi l l- arca t y l:aln d �kuTrtr3 automobile is as scenic and pleasant as it is simple. Interstate travel Is provided by I-I I,which isjust 6 miles to the north of and allows quick travel to and f.-om - $ Chicago. Yorkville can also be reached j from the southern part of'die Chicago �a e arcaVia 1-55,which is only fifteen miles G c n rs east of the city. I lighways 47, 71, 126 and 34 all traverse Yorkville and I-CO is _ just 20 miles to the south. '�'— ,q Koni:n'ree Rail seir ice is provided by the Illinois 1'_ailNet that serves the city's industrial and commercial needs. Air travel is accommodated by the word's busiest airport, Citicaao s 0'1-lure International, and Airport. ,'chick are only an hour away. Aurora Municipal Airport-is located ust 6 miles north of Yorkville in Sugar Orove. Major trucking,firms haul freight tlsrougi ic,ui the area and are based in nearby aurora and elsewhere serving the city-s growing small freight and package distribution needs_'Mere- is also a public barge clock 20 miles away in Morris, and the busy seaport o Chicago allows for national as well as international freight HEILlirlg to and from the region_. 22 z Yorkville is governed by a Mayor/City Council form of government with the Mayor and g -i s'i - ,,� Aldermen each elected to four year terms. City - 1i!" ; officers operate in conjunction vrithVarious , ! -M4 � ��� commissions\hello play a key advisory isory role in I1 - planmog the com�_iunity's future and.keep day -` - to-day operations running s.oothly.These w s, ', y E . coriii issions include the Zoning Board of - a ' Appeals,the Planning Conv"i ssion and Park Board. The city was recently awarded the firs=. � ,*� . _ Place Governor's l loractown Award Lrorn the State of Illinois lar its River roll Park p_'ojec .The formerly little .used area on the south bank of the Fox River downtown has been turned in to a heautifiul park with a plaza,picnic and playground areas. An arnphiihezilier is also planned for the park. The entire effort was accomplished with donations and plenty ofVolurteer help from corimunity residents, organizations and businesses. h Fort�yVolunteers make up the Bristol-Kendall 4 ,` r.�_ ; fire Department serving Yorkville aria the Al — surrounding rural areas. The department is well 3 114 prepared to handle emergency situations end -,. ,_ , ..._gR�¢ , -, ,- ,-,54- operates a wide�Jariety of fhe lat.'st Fire- -- re- figliting egrr pnient.Fire District trustees also oversee a fullT ae Emergency Medical Service which is manned by paramedics ardVolunieer,trained iimergency Medical Technicians.Thirteen ii;ll time and 5 part tigme officers make up the Yorkville Police Department which provides many necessary services for the city, fiom'iandling criminal investigations and complaints to traffic.Vital communication for all of these agencies is provided by the 1 enCum center which also answers 911 calls and dispatches emergency personnel from its communications center headquartered in the modern Kendall County Public Safety Center in Yorkville. 23 Yorkville School Data The Yorkville Community Unit School District#115 covers 85 square utiles �n Kendall and Kane Counties in Illinois . The 3000+ students in grades PreK-12 attend school in a clean and safe educational environment. District#115 offers a unique combination of formal eduncation within a personalized environment and ensures that curriculum and technology are continuously upgraded to meet the needs of the students. With two referenda, passed in 2002, District#115 has added additional staff and is opening a 33,000 sq. ft. addition to the high school and a new Intermediate School for 750 students in grades 4-6, and an addition of five classrooms to Bristol Grade School housing students in grades K-3, to deal with the ever increasing student population in our school system. The :District Citizen's Advisory Committee continues to research and evaluate the concerns a,pd effects associated with growth and will present the Board of Education with their recommendations this spring. Yorkville Grade, Circle Center Grade and I:;ristol Grade schools begin the learning process for students in grades K-3. Yorkville Intermediate School hosts all District students in grades 4 through 6. Yorkville Intermediate School opens for the first time in August of 2004. Yorkville Middle School continues with grades 7 and 8. Finally, the new, modern, technological high school prepares expanding minds for the step into adulthood. The :listrict also has a wonderful special education program through its membership in the Kendall County Special Education Cooperative. €Listrict high school students also have the opportunity of technical programs offered through District membership in the Indian Valley Vocational Center . Further educational opportunities await high school students through an agreement with Wauabonsee Community College. The school district is committed to preparing students to live and work in a technological society. In this information age, basic skills are extended to include the ability to solve problems, think critically, and communicate effectively. The district's administration has aligned the curriculum to emphasize diversified learning and is proud of the innovative approaches of the staff. By focusing on the curriculum, learning environment and staff development,District#115 guarantees that a student's educational goals are met in a quality learning environment. The District Superintendent oversees the school system which includes: a Director of Finance,an Assistant Superintendent of Curriculum and Instruction, a Director of Buildings, Grounds, Maintenance, six principals,three assistant principals,two nil-Mali-it-elirPetnrc %rod near 7c al ec rtif pel sorr6l ronro_eprtif pal ctai f renPevehe.rc. 24 NEIGHBORHOOD ANALYSIS Neighborhood may be defined as an area that has a direct and immediate impact upon the value of the property being appraised. In this case, we were attempting to determine a value for a large and diverse geographic area. Therefore the neighborhood was defined to be all of the area within and around the City of Yorkville and lands within the Yorkville School District. This is specifically for the estimated value of the vacant land acquired for the purpose of constructing residential developments. In expanding our research area necessary to arrive at a reasonable estimate for the improvement costs, I.e. streets, water, sewer, and other major infrastructure improvements, associated with such a development, we expanded the neighborhood to include similar areas near Yorkville and/or Kendall County. 25 Yorkville School District # 115 Map 1 :---------I f .,.: - r:'1 l - -_ .!� _ -- _ t i. I. ;) ii8. ." �- '~`, 1J �1 I2_ r 7: f` r t 1 ' f j/ --:\ / /' '� + iE`1u; / / -i ter` _ t-- l _ T 1 1 .. ,i l 1 _,c. .t_ , / t 1kr ! a.;. LI .....r----i " cT ::_ Y..,:_/-..-_,71 /` ; 115 +,.. 1 il .,:: _ ,..i.._i_,__H.._.7..---,,, 1 i :t R,' 1 1 i I - j • __ 26 SITE DESCRIPTION In preparation of a typical appraisal report an in depth examination of the site (land) is undertaken including soils, topography and other pertinent characteristics. For this type of assignment, fee study analysis, we examine the many sites or even potential sites that may be considered for development. In fact, in determining a land value we do not limit ourselves to any particular site or tract of land, but rather any lands that have sold that may give us a value indication. Therefore, no site analysis was included. Had this report been for one subdivision, then a site analysis would have been performed. 27 VALUATION ANALYSIS In estimating the market value of the subject property, the cost, income capitalization, and sales comparison approaches to value were considered. Each approach is briefly discussed with an explanation of that particular approach appropriate to this valuation assignment. The cost approach is an indication of value, which combines the value of the land under the highest and best use, plus the depreciated replacement or reproduction cost of the improvements. Depreciation is the loss in value due to wear and tear, design and plan, or neighborhood influences. The cost approach is based upon the principle of substitution which holds that a purchaser would most likely not pay more for a property than the cost of obtaining an equally desirable substitute site, plus the cost of replacing equally desirable and useful improvements thereon, assuming no costly delay is involved in making the substitution. In the income capitalization approach, the projected or current rental income from the property is shown with deductions for vacancy and collection losses and expenses. The estimated net operating income of the property is calculated. To support this net income estimate, operating statements of previous years and comparable properties may be reviewed along with available operating expense estimates. The applicable capitalization method and appropriate overall capitalization rates are developed and used in computations to lead to an indication of value. The sales comparison approach, or market approach, is a method of estimating value whereby the subject property is compared with similar properties that have sold recently, or for which listing prices or offering figures 28 are known. The information on typically comparable properties is used, and comparisons are made to demonstrate a probable price at which the subject property would be sold if it had been offered on the market. Preferably, all sale properties are in the same area or in similar neighborhoods. The sales comparison approach is a systematic procedure for reflecting comparative shopping. Market supported adjustments are necessary to the comparable sales in many instances since no two properties are identical. If the comparable sale property is inferior to the subject for a particular characteristic, the sale price is enhanced by an appropriate adjustment factor. Conversely, if the comparable sale property is superior to the subject, then the sale price is reduced by a corresponding adjustment factor. Sales comparisons are generally concluded by relevant units of comparison (e.g., acre, per square foot, per front foot, multipliers) to develop a comparative analysis for each unit. The most market oriented unit of comparison is used to reconcile a single value indication. For this report only the Market Approach and Cost Approach were used. Their utilization was limited to the extent each was applicable. In other words, the Cost Approach was only applicable for the value of the improvements to the site and the Market Approach was only applicable for examination of the sales necessary to arrive at a value conclusion for the vacant land. In reaching a final estimate of value, both the Cost and Market Approaches were added together to reach a final estimate of value for the estimated value for an improved acre of land. 29 COST APPROACH The Cost Approach to value is based upon the general principle that a knowledgeable buyer would not pay more for a property than it would cost to reproduce. The implicit assumption in this approach is that the replacement cost new normally tends to set the upper limit of value. The indication of value derived from this approach is reached by estimating the replacement cost of the improvements, deducting accrued depreciation and adding to this the value of the land. Cost estimates were derived from two primary sources, 1) Marshal & Swift Valuation Service, a nationally recognized cost service, and 2) local contractors, developers, and other knowledgeable industry experts. Data from other subdivisions in the region were examined and those results are also utilized for this report. That information supported the conclusions and estimates reached from the independent research I performed. After examining all of the data that was relevant and comparing the results with the information I gathered, a conclusion was reached as to the applicability of the final value. As the improvements would be considered new, there would be no measurable depreciation. Therefore, engineers estimates for new subdivisions would be an appropriate measure of value in this case. Estimates from other similar developments along with developers estimates of improvement costs were deemed to be the most reliable for this assignment as it is for an area wide study rather than an individual subdivision. Due to the fact exact street lengths were not known, the total size was not known and there was no specific development to measure, typical costs are considered to be the most accurate. From studies I have done in the past for other clients, the results will generally tend to support each other. Marshal and Swift costs will 30 tend to be very close to the approximate costs determined by either the developers or the engineering studies. For that reason I have placed most weight on the estimates provided by local sources. For the purposes of this report, it was assumed that the typical subdivision would contain approximately 2.33 lots per acre. This conclusion would vary to certain degrees depending upon the location and type of development, and it accounts for the land necessary to accommodate public roads and parks/open spaces. A sampling of several subdivision developments in the area show a range of development cost values of between $ 20,250/acre and $ 58,871/acre.These values are reliable and are within about 5-10 miles of the City of Yorkville. They are reflective of typical subdivisions and the differences in value generate from the size of lots to the terrain and soils of that particular area. The subdivision range in size from a low of 18.29 acres to a high of 129.56 acres. Grande Reserve, which is Yorkville's newest large-scale subdivision exhibited a trend towards lower per acre cost of improvements. This is due in part to two primary factors, the first being the extremely large scale of the project, 1,127 +/- acres and second, the use of a more cluster type development and more open space, lessening the need for higher infrastructure costs. The typical density for most residential developments of the past has been about 2.33 lots per acre, Grande Reserve has 1.36 lots per acre for the portion being developed at the time of this report. Based upon the data received for this update the estimated cost for this development is approximately $ 36,000 per acre. The final cost being unavailable. 31 While other developments are still maintaining about the same density of 2.33 lots per acre, the unit costs are staying fairly constant and in some cases, such as the Grande Reserve, declining. In preparation for this updated report additional information was collected and analyzed to see if any significant cost changed over the last year. My findings after researching this information was that no significant increase was realized for a typical residential subdivision. In fact there may have been a slight decrease in certain larger scale developments that have gone to a more open space type of concept. This was not deemed to change the overall cost when looking at the entire district that this report covers. 32 SUBDIVISION COSTS PER ACRE Suoaiv sioniunit Engineer's Estimat Total Acres Cost per Acre Cannonball Estates, Unit 1 $1,178,279.15 28.972 $40,669.58 Cannonball Estates, Unit 2 $871,625.90 27.6339 $31,541.91 Cannonball Hill $452,982.87 22.37 $20,249.57 Country Hills, Unit 2 $1,582,143.64 33.35 $47,440.59 Heartland Subdivision, Unit 1 $2,421,370.91 41.13 $58,871.16 Heartland Subdivision,Unit 2 $864,163.95 29.105 $29,691.25 Heartland Subdivision,Unit 3 $477,126.94 15.431 $30,920.03 Heartland Circle,Units 1,2,3 $5,270,601.64 129.546 $40,685.17 Kylyn's Ridge,Unit 1 $1,680,295.76 32.4293 $51,814.12 Kylyn's Ridge, Unit 2 $1,527,541.60 37.3879 $40,856.58 Raintree Village,Unit 1 $3,872,056.00 74.117 $52,242.48 River's Edge, Unit 1 $4,173,208.46 70.706 $59,021.98 River's Edge, Unit 2 $902,405.85 26.2033 $34,438.63 Sunflower Estates,Unit 1 $418,894.04 20.02 $20,923.78 Sunflower Estates,Unit 2 $1,076,661.82 22.76 $47,305.00 Sunflower Estates,Unit 3 $565,910.35 18.29 $30,940.97 As you can see from the above table the amounts are fairly consistent irregardless of size. Other factors most likely create the difference in costs, such as soil conditions, wetlands, terrain, things that are relevant to one location and not the others. Distance to run infrastructure improvements are very important to the overall cost as well. If you examine the data as purely empirical and disregard the high and low values a rather tight range is left. This would indicate a fairly high degree of consistency throughout the area with regards to costs. The average value from this sample is about $ 43,427/Acre. This would equal a per lot value of$ 18,638/lot at 2.33 lots per acre as suggested earlier. 33 In my discussions with industry professionals, the value they provided was $ 16,000 per lot for a development that had 2.33 lots per acre. That would indicate a per acre value of approximately $ 37, 328. When compared then with the results from the table this appears to be a relatively reliable value conclusion. Given the existing lands around and in the vicinity of Yorkville, it is my opinion that the overall value on a per acre basis would be about $45,000. This is based upon the data examined for this report as well as the conditions that now exist. The time element was certainly examined and considered to be extremely relevant to a discussion of this type. As this value will have an intended use for subdivisions that are platted in the future, it is assumed then that all costs will increase, to what extent we don't know for certain, but a factor must be built in to account for inflationary increases. Again, it is my opinion and conclusion that the estimated value for the cost of the residential improvements of any residential development will be about $ 40,000/Acre. 34 MARKET DATA APPROACH This Approach is based upon the principle of substitution, i.e., that the value of a property is governed by the prices generally paid for other similar properties. As no property is identical to another, it is reliability of this approach is governed by the sales data available. The Market Data Approach to the estimate of value is a process of comparing market data; that is, the prices paid for similar properties, prices asked by owners, and the offers made by prospective purchasers willing to buy or lease. The market data is not being offered as independent evidence of value for the subject property, but rather as some of the transactions taken into consideration in arriving at an opinion of value. Each property was compared with the subject and the individual sales, listing or offers and were adjusted for differences in time, size and location. For a report of this type land must be valued as the ordinary process of an appraisal report. To accurately determine the appropriate fee, land values must be added to the cost of the improvements on a per acre basis. We have already determined the per acre value for the improvements, so we must now find an applicable estimate of value for the land. Our research for the land values were extensive as the area to be considered covered parts of several different townships. Each township has its own micro-market for land that is dependent upon the amount of development in the area as well as the amount of land that is for sale. Some of this is due to the fact that many buyers are investing in land on a speculative nature in anticipation of future growth while others are buying because they have sold land 35 somewhere else and now must reinvest. Little land is actually being purchased in Kendall County for the intended use of farming. The predominance of sales utilized for this report were from Bristol and Kendall Townships although Fox, Lisbon and Little Rock Townships were examined for appropriate farm sales. Two important points were present in this data. First, land in Bristol Township is selling for a larger dollar amount than the other Townships considered. Second, land values have increased in value significantly over the last two years in all areas, but primarily in the Kendall Township area of this report. Land Sales Kendall Township Size $/Acre 155 Ac $22,580 73.55 Ac $16,010 39.55 Ac $ 26,819 18.50 Ac $56,002 125.61 Ac $ 45,095 94.21 Ac $ 33,325 Land Sales Bristol Township Size $/Acre 83.31 Ac $ 42.011 39.58 Ac $ 42,950 99.53 Ac $ 50,080 121.61 Ac $ 42,206 36 Examining the tables provides data that clearly shows land sales on the north side of Yorkville are considerably higher than on the south side of Yorkville. If you were preparing a report for either one of those Townships the conclusion to be reached would be documented quite easily in appraisal terms. But if we operate under the condition that this value will be utilized unilaterally across the entire Yorkville corporate limits which includes both townships the final estimate requires more examination. In preparing an appraisal to determine the appropriate value to be placed on a unknown development in an unknown location it requires a reasonable conclusion be drawn from the data available and not to speculate on what might happen or what could happen in the future and where this event might take place. A reasonable value for Kendall Township would be about $ 33,000 per acre while in Bristol Township that same reasonable value would be about $ 45,000 per acre. It is therefore my conclusion, after a thorough examination of all relevant data and weighing the conclusions drawn from the material reviewed for this assignment that the estimated value conclusion for the market value of land would be about $ 40,000AC. 37 SUMMARY We established earlier in this report the estimated cost per acre for residential development and now we have also determined the Fair Market Value for an acre of vacant land within the same geographic area. As a final step in the process to determine a reasonable Land Cash/Impact Fee Value we must now take these two results and add them together to determine this final conclusion. Improvement Costs Per Acre $ 40,000 Land Fair Market Value Per Acre $ 40,000 Total Value Land Cash $ 80,000 Therefore after careful and deliberate consideration, it is my professional opinion that a reasonable value to apply as a Land Cash Value would be $ 80,000Ac 38 REAL ESTATE QUALIFICATIONS DAVID E. THOMPSON STATE OF ILLINOIS Certified General Real Estate Appraiser# 153-001147 NORTHERN ILLINOIS UNIVERSITY: B.S. 1986 JOLIET JUNIOR COLLEGE: A.A. 1984 COURSES ILLINOIS DEPARTMENT OF REVENUE: 1-A Rural and Residential Workshop 1-B Commercial and Industrial Workshop ILLINOIS PROPERTY ASSESSMENT INSTITUTE: B-100 Basic Assessment Practice A-200 Cost, Market and Income Approach to Value Farmland Assessment Assessment Administration and Public Relations Reviewing and Analyzing Narrative Appraisal Reports Structured Format Demo Report Writing Seminar Valuation of Shopping Centers INTERNATIONAL ASSOCIATION OF ASSESSING OFFICIALS: Course 2 - Income Approach to Valuation Depreciation Analysis Workshop Course 301 - Mass Appraisal of Residential Property Course 302 - Mass Appraisal of Income Producing Property Course 4 -Assessment Administration SOCIETY OF REAL ESTATE APPRAISERS: Course 101 - Introduction to Appraising Real Property Course 102 -Applied Residential Property Valuation Course 440 - Professional Practice 39 OTHER QUALIFICATIONS: Certified Review Appraiser- CRA Certified Illinois Assessing Officer- CIAO International Association of Assessing Officials County Assessment Officers Association of Illinois Illinois Association County Officials Supervisor of Assessments - Kendall County - Present Board of Review - Kendall County- 9 years Instructor at Waubonsee Community College Instructor at Illinois Property Assessment Inst. Partial List of Clients Yorkville National Bank Millbrook-Newark Bank First Midwest Bank - Morris Attorneys Private Estates Private Individuals Expert Witness 13th Judicial Circuit Court- LaSalle County Expert Witness 16th Judicial Circuit Court- Kendall County Expert Witness United States Federal Court - Northern District Illinois 40 ,111- 1 /M F&L DRAFT RESOLUTION DECLARING OFFICIAL INTENT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") wishes to design, acquire, construct and install special services within the City's Special Service Area Number 2005-_for a development to be developed by Pulte Homes (the "Special Service Area") and the City wishes to issue its special tax bonds to finance said special services; and WHEREAS, the City hereby finds and determines that the financing of the special services described below by the City will serve the public purposes of the Special Service Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of Yorkville, Kendall County, Illinois as follows: 1. The City intends to issue obligations (the "Bonds") for the purpose of financing the design, acquisition, construction and installation of special services consisting of engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, including water wells and water treatment facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, bicycle paths and related street improvements, and equipment and materials necessary for the maintenance thereof, park, park improvements, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs (the "Project"). The total amount which the City intends to borrow through the issuance of the Bonds for the Project will not exceed $16,000,000. 2. Certain costs will be incurred by the City in connection with the Project prior to the issuance of the Bonds. The City reasonably expects to reimburse such costs with proceeds of the Bonds. 3. This Resolution constitutes a declaration of official intent under Treasury Regulation Section 1.150-2. 4. This Resolution shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. AYES: NAYS: AB SENT: PASSED this day of , 2005. APPROVED this day of , 2005. APPROVED: Mayor ATTEST: City Clerk [SEAL] 2 1y v • ! �* t ; S{V ; 1 14 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION AUTHORIZATION TO CLOSE CHECKING ACCOUNT AND TRANSFER FUNDS WHEREAS, the City Council of the United City of Yorkville has maintained a checking account that was initiated to receive donated funds to be used by the Police Department; and, WHEREAS, said account is #0000801348 at Castle Bank N. A.; and, WHEREAS, the Chief of Police has determined that the account is no longer necessary, and that the proper law enforcement agency and account to hold and manage said funds is the Kendall County Cooperative Police Assistance Team's Drug Fine Money Account where the funds will be used for a purposes in keeping with the intentions of the checking account. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, Castle Bank Checking Account Number 0000801384 shall be closed with all funds therein to be transferred to the Kendall County Cooperative Police Assistance Team's Drug Fine Money Account, and that the Mayor, City Clerk, City Treasurer and Finance Director are hereby authorized to take all actions, and sign all documents necessary consistent with this Resolution. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i` 1,iid "itr 1y ,c.E® �®r United City of Yorkville Memo 4 'iN '�' 800 Game Farm Road IE EST IN , r"Q 1836 Yorkville, Illinois 60560 4 `�` Telephone: 630-553-4350 9 I,', or Fax: 630-553-7575 ,,on.,County # Date: April 15, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant Agenda Item Admin #4: Dental Vision Self Insured Plan was not available at the time packets were produced. This item will be available as soon as we receive it. Any questions, please contact: City Administrator Tony Graff fl Nit//4 .// (" 1 14 ® United City of Yorkville Memo s 3 '" 800 Game Farm Road ESTN $ 1836 Yorkville, Illinois 60560 � Telephone: 630-553-4350 O� II�� o Fax: 630-553-7575 ice,. 4� 0`t E ®vy Date: April 15, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant Agenda Item Admin #6: Revised FY 04/05 Budget was not available at the time packets were produced. This item will be available Monday, April 18, 2005 and distributed in a supplemental packet. Any questions, please contact: Finance Director Traci Pleckham $.% t r o United City of Yorkville Memo J q 1' t ..1% 800 Game Farm Road EST. --\•N ' °'-1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 41 1 L' Fax: 630-553-7575 ItnntlsH County `� 4CE `‘'‘' Date: April 17, 2005 To: Mayor& City Council From: Traci Pleckham—Finance Director Subject: Proposed Revised FY 2004/2005 Budget Attached please find for COW 4/19/05, Admin# 6 :Proposed FY 2004/2005 Budget. • . UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET 2004-2005 GENERAL FUND SUMMARY 2004-2005 PROPOSED 2004-2005 REVISED PERCENT BUDGET BUDGET NET CHANGE CHANGE TOTAL GENERAL FUND REVENUE 11,218,480 11,439,115 220,635 1,97% GENERAL FUND EXPENSES FINANCE & ADMINISTRATION 4,085,970 4,090,074 4,104 0.10% ENGINEERING 400,649 400,649 0 0.00% POLICE 1,955,579 2,035,614 80,035 4.09% BUILDING &ZONING 253,100 346,700 93,600 36.98% STREETS 4,017,182 4,060,078 42,896 1.07% HEALTH & SANITATION 506,000 506,000 0 0.00% TOTAL GENERAL FUND EXPENSES 11,218,480 11,439,115 220,635 1.97% PROPOSED REVISED BUDGET 2004/2005 PAGE NUMBER REVISED FUND GENERAL FUND 1,2,3,5,6,7,8 MUNICIPAL BUILDING 11 POLICE CAPITAL 12 PUBLIC WORKS CAPITAL 13 PARK&REC CAPITAL 14 SEWER IMPROVEMENT 15 WATER IMPROVEMENT 16 DEBT SERVICE 17 4/17/2005 Prepared by Traci Pleckham UNITED CITY F YORKVILLE • PROPOSED R ED BUDGET [.�f; \F-: 1 411 7105 • FY 20 ®2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS GENERAL FUND REVENUES FUND BALANCE 113,139 113,139 01-000-40-00-3999 ,CARRY OVER BALANCE 124,000' 124,000 01-000-40-00-3998 'ROAD FUNDING-MPI 2,690,000 2,690,000 01-000-40-00-3997 IN�TOWN ROAD PROGRAM rtINI)INC (320,000 632,0:1'4 True bouts pruseed6 received 01-000-40-00-4000 REAL ESTATE TAXES 1,287,453 1,287,453 01-000-40-00-4001 TOWN ROAD/BRIDGE TAX 95,000, 95,000 01-000-40-00-4010 PERSONAL PROPERTY TAX 10,000', 10,000 01-000-40-00-4020 STATE INCOME TAX 593,257 593,257 01-000-40-00-4030 MUNICIPAL SALES TAX 2,133,000 2,133,000 01-000-40-00-4032 STATE USE TAX 87,8901 87,890 01-000-40-00-4040 MUNICIPAL UTILITY TAX 500,000 500,000 01-000-40-00-4041 UTILITY TAX=NICOR 75,000 (45,000 Currently al v951:(4/14/05) 01-000-40-00-4042 UTILITY TAX-CABLE TV 60,000 60,000 01-000-40-00-4043 UTILITY TAX-TELEPHONE: 260,000 290,000 Currently.at$2861:(4/14105) 01-000-40-00-4050 HOTEL TAX 19,000! 19,000 TRAFFIC SIGNAL REVENUE 6,000 6,000 01-000-41-00-4100 LIQUOR LICENSE 22,500 22,500 01-000-41-00-4101 OTHER LICENSES 4,000 4,000 01-000-41-00-4110 BUILDING PERMITS 870,000 870,000 01-000-42-00-4205 FILING FEES 22,000 22,000 01-000-42-00-4206 GARBAGE SURCHARGE 171,590 171,590 01-000-42-00-4208 COLLECTION FEE-YBSD 44,441 44,441 01-000-42-00-4210 DEVELOPMENT FEES 575,000 730,000 Currently at ,725k(4114/06) 01-000-42-00-4211 ,ENGINEERING CAPITAL FEE 4,000 4,000 01-000-43-00-4310 TRAFFIC FINES 70,000 70,000 01-000-43-00-4315 REIMBURSE POLICE TRAINING 3,500 3,500 01-000-43-00-4320 ORDINANCE FEES 2,500 2,500 01-000-44-00-4401 DARE DONATIONS 1,000 1,000 01-000-44-00-4402 ROB ROY CREEK HYDRAULIC STUDY 20,000 0 Revenue to be received FY 05/06 01-000-44-00-4411 REIMBURSEMENTS-POLICE PROTECTION 3,000 3,000 01-000-44-00-4420 SIDEWALK CONSTRUCTION 5,000 5,000 01-000-44-00-4490 MISCELLANEOUS INCOME 10,000 10,000 01-000-45-00-4505 COPS GRANT-VESTS 2,000 2,000 01-000-45-00-4510 COPS GRANT 41,000' 41,000 01-000-45-00-4511 POLICE-STATE TOBACCO GRANT 1,210 1,210 01-000-46-00-4600 INVESTMENT INCOME 12,000 25,000 intereet currently ai$22k 01-000-49-00-4915 TRANSFER FROM WATER OPERATIONS 200,000! 200,000 01-000-49-00-4920 TRANSFER FROM SEWER MAIN T. 70,000 70,000 01-000-49-00-4925 TRANSFER FROM SAN.SEWER IMP 200,000 200,000 01-000-49-00-4930 TRANSFER FROM WATER IMPROVE. 200,000, 200,000 TOTAL REVENUES:GENERAL 11,218,480 11,439,115 Page 1 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET I- ,f; i\ ^.i. 1 / 3 7:5 FY 2004.2005 GENERAL FUND (PROPOSED , ACCOUNT REVISED 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS FINANCE & ADMINISTRATION EXPENSES 01-110-50-00-5100 '!SALARIES-MAYOR 7,5351 7,535 01-110-50-00-5101 ,SALARIES-CITY CLERK 3,635 3,635' 01-110-50-00-5102 SALARIES-CITY TREASURER 1 3,635, 3,635' 01-110-50-00-5103 ;SALARIES-ALDERMAN 29,080, 29,080' 01-110-50-00-5104 'SALARIES-LIQUOR COMMISSIONER 1,0001 1,000, 01-110-50-00-5105 SALARIES-CITY ATTORNEY 13,500 13,500; 01-110-50-00-5106 ;SALARIES-ADMINISTRATIVE 413,600', 413,600 01-110-50-00-5136 '',SALARIES-PART TIME 48,000 48,000! 01-110-50-00-5137 ',SALARIES-OVERTIME 1,500 1,500 01-110-50-00-5202 BENEFITS-UNEMPLOY. COMP. TAX 9,000 9,000' 01-110-50-00-5203 ENFFI1��-HCAL:1'F� INSl1I�ANC'!_: Health insurance expense was nut adjusted at last revised budget time. Decrease due to timing 621,000 495,000 of new hires and hiring part time admin.staff instead of full time. 01-110-50-00-5204 BENEFITS-GROUP LIFE INSURANCE 18,000: 18,000 01-110-50-00-5205 BENEFITS-DENTAL/VISION ASST 50,000 50,000 01-110-61-00-5300 LEGAL SERVICES 40,0(10 55:000 Currently at Mk(ihru current bill list) 01-110-61-00-5304 !AUDIT FEES&EXPENSES 14,660! 14,660; 01-110-61-00-5305 ',ACCOUNTING ASSISTANCE 7,500 7,500 01-110-61-00-5308 (MSS 34 15,000 10:000 tin iniluttc estirriateLi$16k for fixed.?;sot inventor, 01-110-61-00-5310 ;EMPLOYEE ASSISTANCE 4,500'' 4,500 01-110-61-00-5311 CODIFICATION 5,000: 5,000, 01-110-61-00-5314 i BUILDING INSPECTIONS 607,500 607,500 01-110-61-00-5322 BONDING 2,000': 2,000 01-110-62-00-5400 I INSURANCE-LIABILITY&PROPERTY 130,3121 130,312 01-110-62-00-5401 ;CONTRACTUAL SERVICES 37,300'. 37,300' 01-110-62-00-5403 SPECIAL CENSUS 0 106151 Per letter dated 3/11/20(15 01-110-62-00-5404 i CABLE CONSORTIUM FEE 30,000 30,000 01-110-62-00-5406 OFFICE CLEANING 34,500; 34,500, 01-110-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 500; 500 01-110-62-00-5411 MAINTENANCE-COMPUTERS 8,000, 8,000 01-110-62-00-5412 I MAINTENANCE-PHOTOCOPIERS 19,3921 19,392' 01-110-62-00-5427 FACADE PROGRAM 20,000 20,000 01-110-62-00-5436 ;TELEPHONE 20,000 20,000 01-110-62-00-5437 ACCTG SYSTEM SERVICE FEE 7,385 7,385 01-110-62-00-5438 ,'CELLULAR TELEPHONE 2,300. 2,300. 01-110-62-00-5439 'TELEPHONE SYSTEMS MAINTENANCE 11,000 11,000 01-110-64-00-5600 DUES 4,000, 4,000 01-110-64-00-5601 ILLINOIS MUNICIPAL LEAGUE DUES 551 551 01-110-64-00-5603 ;SUBSCRIPTIONS 400. 400 01-110-64-00-5604 ''TRAINING&CONFERENCES 8,000, 8,000 01-110-64-00-5605 ',TRAVEL/MEALS/LODGING 19,000 19,000 01-110-64-00-10 PUBLIC RELATIONS 11,000 14Ik Currently at$9,500.To incorporate costs for employee appreciation dinner, Page 8 40 UNITED CITYAgE YORKVILLE • PROPOSED Rip.ED BUDGET ; ;a ? s • FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 01-110-65-00-5800 (INTIM;I Nt%I[. 1ILt;hUII 011,66 FUND BALANCE RESERVE 0 0 01-110-65-00-5802 OFFICE SUPPLIES 12,000 12,000 01-110-65-00-5804 OPERATING SUPPLIES 14,500 14,500 01-110-65-00-5808 I ICJS I A1'sF:& 1111'PINII ti,UQIJ 1U,'i0U IIIG;reaze(ltie (At tliiq,tif)II Owl rent Dill lint) 01-110-65-00-5809 I NINTINCG &t%OPYINti 11,000 13,000 At4,10,300 ilirli f rurot t IuNI list 01-110-65-00-5810 PUBLISHING&ADVERTISING 3,000 3,000 01-110-65-00-5844 MARKETING-HOTEL TAX 19,000. 19,000 01-110-72-00-6500 IMRF PARTICIPANTS 44,000; 44,000 01-110-72-00-6501 SOCIAL SECURITY&MEDICARE 42,500 42,500 01-110-75-00-7002 COMPUTER EQUIP&SOFTWARE 13,500 13,500 01-110-75-00-7003 OFFICE EQUIPMENT 10,000 10,000 01-110-78-00-9001 CITY TAX REBATE 1,200 1,200 01-110-78-00-9002 NICOR GAS 30,000 30,000 01-110-78-00-9003 SALES TAX REBATE 333,500 333,500 01-110-78-00-9004 MISCELLANEOUS 100 100 01-110-78-00-9005 MERIT/PAY EQUITY 0 0 01-110-99-00-9923 TRANSFER TO LIBRARY 26,249 26,249 01-110-99-00-9925 TRANSFER TO SAN SEWER 150,000 150,000 01-110-99-00-9940 TRANSFER TO PARK&RECREATION 794,036 794,036 01-110-99-00-9941 fRANFiLLt4 1(1 IIANK(Rk11 rAPI tAl 311,1100 ilii,tlt)(I 1-t-1 juiwrli.is R t trhGkr, 1 nuw& 1 ropLi'efrlont(1l iUiii Ily lillk?Ucferf/ill s volumed tai FV Qi!i1l;) 01-110-99-00-9945 TRANSFER TO MUNICIPAL BLDG 97,000 97,000 01110-99-00-9965 t ANSLLk tf7 DEE t 5 :1 vl : 0 Nrtinn nt MK?Infiimvcnnent Interest Ifnfne111(;T,MiI) TOTAL EXPENSES: FINANCE&ADMINISTRATION 4,085,970 4,090,074 Page 3 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET ,¢ _> ^ = i- , ;:1,o FY 2004-2005 GENERAL FUND PROPOSED ACCOUNT REVISED NUMBER DESCRIPTION 2004-2005 2004-2005 BUDGET BUDGET COMMENTS ENGINEERING EXPENSES 01-150-50-00-5107 (SALARIES-EMPLOYEES 244,945 244,945 01-150-50-00-5137 SALARIES-OVERTIME 1,000 1,000 01-150-62-00-5401 CONTRACTUAL SERVICES 58,000 58,000 01-150-62-00-5409 MAINTENANCE-VEHICLES 4,500 4,500 01-150-62-00-5410 I MAINTENANCE-OFFICE EQUIP 2,000 2,000 01-150-62-00-5411 MAINTENANCE-COMPUTERS 3,500 3,500 01-150-62-00-5421 WEARING APPAREL 1,100 1,100 01-150-62-00-5438 'CELLULAR TELEPHONE 2,800 2,800 01-150-64-00-5600 DUES 300 300 01-150-64-00-5604 TRAINING&CONFERENCES 2,500! 2,500 01-150-64-00-5605 TRAVEL EXPENSE 1,000 1,000 01-150-64-00-5616 BOOKS& PUBLICATIONS 200 200 01-150-65-00-5801 ENGINEERING SUPPLIES 3,000 3,000 01-150-65-00-5802 OFFICE SUPPLIES 2,000 2,000 01-150-65-00-5809 1PRINTING&COPYING 2,000 2,000 01-150-72-00-6500 IMRF PARTICIPANTS 23,804 23,804 01-150-72-00-6501 SOCIAL SECURITY&MEDICARE 19,000 19,000 01-150-65-00-5820 'PICK UP TRUCK/ENGINEERING CAPITAL 24,000 24,000 01-150-65-00-5814 ',STORM WATER SOFTWARE&TRAINING 5,000 5,000 TOTAL EXPENSES: ENGINEERING 400,649 400,649 1110 Page 8 • UNITED CITY2I YORKVILLE PROPOSED RWSED BUDGET + 1 s f` F �! /1 ! I 1 FY 2004=2OO5 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS PUBLIC SAFETY/POLICE DEPT. EXPENSES 01-210-50-00-5107 SALARIES- EMPLOYEES 541,000 541,000 01-210-50-00-5131 ,SALARIES-LIEUT./SERGEANTS/CH IEF 461,525 461,525 01-210-50-00-5133 SALARIES-COPS 148,496, 148,496 01-210-50-00-5134 SALARIES-CROSSING GUARD 18,800 18,800 01-210-50-00-5135 SALARIES-POLICE CLERKS 100,307 100,307 01-210-50-00-5136 wAl.AI I I PAW t IM1 f(l,(I(Itl �'.'i,($QO iiiur eurronil;<<ai$ 'fk 01-210-50-00-5137 SALARIES-OVERTIME 50,000 50,000 01-210-61-00-5300 LEGAL SERVICES 6,300 6,300 01-210-62-00-5408 MAINTENANCE-EQUIPMENT 8,000 8,000 01-210-62-00-5409 MAINTENANCE-VEHICLES 21,000 21,000 01-210-62-00-5410 MAINT-OFFICE EQUIPMENT 2,500 2,500 01-210-62-00-5411 MAINTENANCE-COMPUTERS 2,000 2,000 01-210-62-00-5414 ,WEATHER WARNING SIREN MAINT 8,000 8,000 01-210-62-00-5421 WEARING APPAREL 20,000 20,000 01-210-62-00-5422 COPS GRANT IV-VESTS 2,500 2,500 01-210-62-00-5423 CLASY GRANT 0 0 01-210-62-00-5424 ICJIA-JUVENILE 5,000 5,000 01-210-62-00-5429 PSYCHOLOGICAL TESTING 1,000 1,000 01-210-62-00-5430 HEALTH SERVICES 3,000 3,000 01-210-62-00-5431 LABORATORY FEES 1,000 1,000 01-210-62-00-5436 TELEPHONE 20,000 20,000 01-210-62-00-5438 CELLULAR TELEPHONE 13,000 13,000 01-210-62-00-5441 MTD-ALERTS FEE 2,300: 2,300 01-210-64-00-5600 DUES 2,250 2,250 01-210-64-00-5603 SUBSCRIPTIONS 300 300 01-210-64-00-5604 TRAINING&CONFERENCE 19,000 19,000 01-210-64-00-5605 TRAVEL EXPENSES 9,000 9,000 01-210-64-00-5606 COMMUNITY RELATIONS 5,250 5,250 01-210-64-00-5607 POLICE COMMISSION 11,000 11,000 01-210-64-00-5608 TUITION REIMBURSEMENT 14,000 14,000 01-210-64-00-5609 POLICE RECRUIT ACADEMY 10,500 10,500 01-210-64-00-5610 GUN RANGE FEES 625 625 01-210-64-00-5611 SRT FEE 2,000 2,000 01-210-65-00-5802 OFFICE SUPPLIES 6,500 6,500 PUBLIC SAFETY/POLICE DEPT. 01-210-65-00-5804 OPERATING SUPPLIES 15,750 15,750 01-210-65-00-5808 POSTAGE&SHIPPING 3,000 3,000 01-210-65-00-5809 PRINTING&COPYING 4,500 4,500 01-210-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 01-210-65-00-5812 GASOLINE 33,000 33,000 Page 5 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET s'F: . , tt J FY 2004-2005 GENERAL FUND PROPOSED ACCOUNT REVISED 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 01-210-65-00-5813 •AMMUNITION 5,000 5,000 01-210-72-00-6500 IMRF PARTICIPANTS 10,101 10,101 01-210-72-00-6501 SOCIAL SECURITY& MEDICARE 102,575 102,575 01-210-72-00-6502 'POLICE PENSION 207,000 207,000 01-210-75-00-7002 COMPUTER EQUIP&SOFTWARE 8,500 8,50Q 01-210-78-00-9004 BIKE PATROL 2,000 2,000 IttLtea° `;:1,,r1,1ti frit stia�t!(tailar/nic;n m a011111vhII $;ttl, (1ti telrtted la tial r5cniving IUan I trif ;crta(t1t jnally hnt)ctIl1d lattriittr+trf i Li itttiti6 nki Intro II mPPt! ) 01-210-99-00-9910 TRAN;~FLI _. 1:1DLICL(iAPI1AI. 21,000 102,031 c tl RnI t1UVPI1t.rnPnt fPP rt urnnP IP khan;Jn!it:if,tlPt! TOTAL EXPENSES: PUBLIC SAFETY/POLICE DEPT. 1,955,579 2,035,614 • Pagel" • UNITED CITY F YORKVILLE • PROPOSED SED BUDGET , t;> ,t ; •( r r , • FY 20 4=2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS BUILDING & ZONING EXPENSES 01-220-61-00-5300 L.I:t AI.St r7VIGr'.S 4t,,oO(1 ?(1,(ItI(I cult ally ai 1I:iJk Itaytiiont in iull Iu 1'n.II i:,diel(nriyirtnI agrnn nota.wns (i1),(1:ta lit Ito ttair-1(Y tI JU(i) t arlrliiictiril 01-220-62-00-5401 U(1NtIlA('eI1)AI.;;r:.I VI(a'.!7 1111,000 1110,11011 tal sot,iicor• poiottlittn,Finita da ator, tannit Om) 01-220-62-00-5430 I'1-ANNINt1 t_t(1N(4tIt FAN.r 4(1,0(10 '(0,(H0(1 A Irliliunal ru. to In rnisc. Gaily Planning 01-220-62-00-5432 .ECONOMIC DEVELOPMENT 45,000 45,000 01-220-64-00-5600 ,DUES 200 200 01-220-65-00-5804 ()NMArIN(j `1111,111.Ir0 1,200 1,000 1;t ropily at!+11,700 01-220-65-00-5809 PRINTING&COPYING 700 700 01-220-65-00-5810 PUBLISHING&ADVERTISING 8,000 8,000 01-220-65-00-5814 BOOKS& MAPS 3,000 3,000 TOTAL EXPENSES: BUILDING&ZONING 253,100 346,700 Page 7 of 28 UNITED CITY OF VOORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS STREETS EXPENSES 01-410-50-00-5107 SALARIES-EMPLOYEE 156,643 156,643 01-410-50-00-5136 SALARIES-PART TIME 5,500 5,500 01-410-50-00-5137 SALARIES-OVERTIME 18,000 18,000 01-410-61-00-5313 ENGINEERING-IN TOWN ROAD PROGRAM 120,000 120,000 01-410-61-00-5314 INSPECTIONS&LICENSES 100' 100 01-410-62-00-5401 CONTRACTUAL SERVICES 2,000 2,000' 01-410-62-00-5408 MAINTENANCE-EQUIPMENT 10,000 10,000 01-410-62-00-5409 MAINTENANCE-VEHICLES 11,000 11,000 01-410-62-00-5414 MAINTENANCE-TRAFFIC SIGNALS 22,000 22,000 01-410-62-00-5415 MAINTENANCE-STREET LIGHTS 20,500', 20,500 01-410-62-00-5420 ,MAINTENANCE-STORM SEWER 5,000 5,000' 01-410-62-00-5421 WEARING APPAREL 5,800 5,800 01-410-62-00-5434 ,RENTAL-EQUIPMENT 1,500', 1,500 01-410-62-00-5435 ELECTRICITY 47,000 47,000 01-410-62-00-5438 CELLULAR TELEPHONE 2,600 2,600 01-410-62-00-5440 STREET LIGHTING 4,500' 4,500 01-410-64-00-5604 TRAINING&CONFERENCES 5,600 5,600 01-410-65-00-5804 :OPERATING SUPPLIES 9,500 9,500 01-410-65-00-5812 GASOLINE 20,000 20,000 01-410-65-00-5815 HAND TOOLS 1,500 1,500 01-410-65-00-5817 GRAVEL 5,500 5,500 01-410-72-00-6500 IMRF PARTICIPANTS 17,587 17,587 01-410-72-00-6501 SOCIAL SECURITY& MEDICARE 13,780 13,780 01-410-75-00-5418 :MOSQUITO CONTROL 27,572' 27,572 01-410-75-00-5419 MAINT SUPPLIES-STREET 15,000 15,000 01-410-75-00-7004 !SAFETY EQUIPMENT 1,000' 1,000 hitt-ease clue to Van rrilinan starrti-pairs($11k)anti 4i10k kir downtown parkinip intrtiovoinciniq 01-410-75-00-7100 SWIE 1 i rHAB PROJ1-7- 211,000 234,000 (to carry cover should dollara not he expended this hY) Increase in e.pertse attintnit reile.is true I venues relatriri in httrtd pinheads rcreived antra irttttnst 01-410-75-00-7101 IN-TOWN ROAD PROGRAM(Phase 1 Utilities) 500,030 521,003 earned thi_ r r(reidttal will carry over to KY t111/ti(1) 01-410-75-00-7099 BRISTOL RIDGE ROAD 2,690,000 2,690,000 01-410-75-00-7102 'TREE&STUMP REMOVAL 30,000 30,000 01-410-75-00-7103 ',SIDEWALK CONSTRUCTION 35,000 35,000 TOTAL EXPENSES:STREETS 4,017,182' 4,060,078 10 Page 028 • UNITED CITY YORKVILLE • PROPOSED RIIIFED BUDGET , • ' : , FY 2004-2005 GENERAL FUND PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS HEALTH & SANITATION EXPENSES 01-540-62-00-5442 GARBAGE SERVICES 502,000 502,000 01-540-62-00-5443 LEAF PICKUP 4,000 4,000 TOTAL EXPENSES: HEALTH &SANITATION 506,000 506,000 TOTAL GENERAL FUND REVENUES 11,218,480 11,439,115 TOTAL GENERAL FUND EXPENSES 11,218,480 11,439,115 FUND SURPLUS(DEFICIT) 0' 0 Page 9 of 28 UNITED CITY or YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 MFT PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 15-000-40-00-3999 CARRY OVER BALANCE 500,803 500,803 15-000-40-00-4060 MOTOR FUEL TAX ALLOTMENTS 267,442 267,442 15-000-46-00-4600 INVESTMENT INCOME 5,000 5,000 TOTAL REVENUES: 773,245 773,245 15-000-65-00-5800 CONTINGENCY 372,833 372,833 15-000-65-00-5818 SALT 37,000 37,000 15-000-75-00-7007 SIGNS 9,700 9,700 15-000-75-00-7008 CRACK FILLING 25,000 25,000 15-000-75-00-7107 CONSTRUCTION ENGINEERING 200,000 200,000 15-000-75-00-7108 Van Emmon Si.(Corp. limits to Rt.47) 62,625 62,625' 15-000-75-00-7110 COLD PATCH 4,000 4,000 15-000-75-00-7111 I HOT PATCH 7,000 7,000 FAXON ROAD ENGINEERING 45,500 45,500 15-000-99-00-9960 TRANSFER TO FOX INDUSTRIAL 9,587 9,587 TOTAL EXPENSES: 773,245 773,245 TOTAL FUND REVENUES 773,245 773,245', TOTAL FUND EXPENSES 773,245 773,245 FUND SURPLUS(DEFICIT) 0 0• ' Page 08 • UNITED CITYai YORKVILLE • • PROPOSED RWSED BUDGET FY 2004-2005 MUNICIPAL BUILDING PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES CARRY OVER 16-000-40-00-3999 CARRY OVER BALANCE 0 0 16-000-42-00-4211 fIVKi.OI1M(-N I r K.S-t1UIi I INL 57,(10(1 140,0()0 C'tinently al`n1a81( 16-000-49-00-4901 TRANSFER FROM GENERAL FUND 97,000 97,000 TOTAL REVENUES: 154,600 237,000 16-000-62-00-5416 MAINT-GENERAL BLDG &GROUNDS 5,000 5,000 16-000-75-00-7008 ENTRY WAY SIGNS 3,600 3,600 16-000-75-00-7200 ITALi O immoV-.Br(-I-lcI:R'RIVr) N1 I 000 15,(100 Mi a0t1i(itinal tnainietiaarea(.Ii t(i paathat &fiscrfrutii 16-000-75-00-7202 BLDG IMPROVEMENTS-CITY HALL 0 0 16-000-75-00-7203 BLDG IMPROVEMENTS-PUBLIC WORKS 9,000 9,000 16-000-75-00-7204 BLDG MAINT-.CITY HALL 73,000 73,000 16-000-75-00-7205 BLDG IMPROVEMENTS-LIBRARY 4,000 4,000 16-000-75-00-7209 BEECHER PARKING LOT 45,000 45,000 16-000-75-00-7206 LANDSCAPING-PUBLIC BUILDINGS 2,000 2,000 16-000-78-00-9009 I;rS E t2VK 0 80,400 TOTAL EXPENSES: 154,600 237,000 TOTAL FUND REVENUES 154,600 237,000 TOTAL FUND EXPENSES 154,600 237,000 FUND SURPLUS(DEFICIT) 0 0 Page 11 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 POLICE CAPITAL PROPOSED .REVISED 2004-2005 '.2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 20-000-40-00-3999 CARRY OVER BALANCE 76,718 76,718 $42,190 carry over related to weather warning sirens 20-000-42-00-4212 Or VIII S Pt,)I It'I"1 05,000 06000 Development fees less than arrl.icipaied 20-000-44-00-4402 K-9 DONATIONS 1,700 1,700 20-000-44-00-4403 IN CAR VIDEO DONATIONS 2,000 2,000 20-000-44-00-4404 DONATIONS 500 500 20-000-44-00-4405 WEATHER WARNING SIREN 30,000 30,000 20-000-44-00-4431 SALE OF POLICE SQUADS 1,000 1,000 Request to not loan proceeds,residual funding av=ailable through General Fund(lass ET van 20-000-48-00-4800 LOAN PROCEEt1S 62,500 0 purchase postponed) Increase to incorporate$21,5;16 for speed trailer/sign as approved'$19,500 related to not receiving loan proceeds(orginally budgeted portion of PD capital funds as Iran proceeds) 20-000-49-00-4901 'TRANSFER FROM GENERAL FUND 27,000 102,035 capital development fee revenue less than anticipated TOTAL REVENUES: 296,418 288,953 EXPENSES 20-000-65-00-5811 LETHAL/NON-LETHAL WEAPONS 6,5001 6,500 20-000-75-00-7001 EQUIPMENT 19,016 60,!,;51 V.,41,5-36 inciea sa for speed trailer/site 20-000-75-00-7002 K-9 EQUIPMENT 1,700 1,700 20-000-75-00-7006 CAR BUILD OUT 23,360' 23,360' 20-000-75-00-7008 NEW WEATHER WARNING SIRENS 12,190 fl Moved to reserve 20-000-75-00-7005 VEHIrLRS 00,!00 r16,S0O dan-rea e due to Lt van purrha e being postponed 20-000-78-00-9009 RESERVE 0' 0 RESERVE-WEATHER WARN SIREN 0 72,190 Reserve for futnra siren installations 20-000-99-00-9965 TRANSFER TO DEBT SERV FUND 73,152 73,152 TOTAL EXPENSES: 296,418 288,953. TOTAL FUND REVENUES 296,418 288,953 TOTAL FUND EXPENSES 296,418 288,953 FUND SURPLUS(DEFICIT) 0 0' • Page'•28 • UNITED CITY YORKVILLE • PROPOSED RWSED BUDGET .:; • FY 2004-2005 PUBLIC WORKS CAPITAL PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 21-000-40-00-3999 CARRY OVER BALANCE 272,054 272,054 21-000-42-00-4213 DrVr.L011MLNI t i_ 1.-;-PLII11.IC;W(lkK1-; /00 '4)0,000 fees Tess than aiitititaatKi 21-000-44-00-4430 ',SALE OF EQUIPMENT 4,510 4,510 21-000-49-00-4915 TRANSFER FROM WATER FUND 50,000 50,000 21-000-49-00-4920 TRANSFER FROM SEWER FUND 30,000 30,000 TOTAL REVENUES: 636,264 576,564 EXPENSES 21-000-75-00-7005 VEHICLES 176,905 176,905 21-000-75-00-7015 SKID STEER UPGRADE 3,500 3,500 21-000-75-00-7107 TRUCK ACCESSORIES 5,000 5,000 21-000-75-00-7108 AUGER SYS T EM/SKIDS T EER GRADER 6,300 6,300 21-000-75-00-7120 STREET SWEEPER 150,000 150,000 21-000-75-00-7130 PUBLIC WORKS BLDG ADDITION 90,000 90,000 21-000-75-00-7109 MOWER 21,000 21,000 21-000-78-00-9009 1:25511\/ 148,00 88102 LEAF CHOPPER/VAC 35,557 35,557 TOTAL EXPENSES: 636,264 576,564 TOTAL FUND REVENUES 636,264 576,564 TOTAL FUND EXPENSES 636,264 576,564 FUND SURPLUS(DEFICIT) 0' 0 Page 13 of 28 UNITED CITY OF YORKVILLE _ PROPOSED REVISED BUDGET ' FY 2004-2000 PARKS & RECREATION CAPITAL PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET ,COMMENTS REVENUES 22-000-40-00-3999 CARRY OVER 24,624 24,624 Tu 1 nf1110E1'2 Inial:..1 !IOW K 1 1 elIla1,00111111(t;hicliiinlly laufldctedlihcn icnitninil 2?)•-0110-4I-(I0-4(I:1(i 'IUAN(if:I I; 1:1(t IM HI NI:I(Al. t INI) Ati,600 iiti,(1(I H I V Un;/Oli) 22-000-49-00-4935 TRANSFER FROM LAND CASH 22,000 22,000 22-000-42-00-4216 PARKS CAPITAL FEE 2,000' 2,000, 22-000-42-00-4218 I!IL CLEAN ENERGY GRANT 4,149 4,149 TOTAL REVENUES: 89,373' 149,373 EXPENSES PARKS , I CAPITAL OUTLAY 22-61(145-0040(1(i PICK Up TRUCK 26,861 86,861 2 trurke- 1 new& 1 replacen!ent 22-610-75-00-7007 SOCCER GOALS 12'REPLACEMENT 0, 0 22-610-75-00-7008 SOCCER GOALS 9' REPLACEMENT 0 0 22-610-75-00-7009 COMPUTER WORKSTATIONS 6,825, 6,825 22-610-75-00-7011 PLAYER BENCHES/UTILITY TRAILER 9,000' 9,000 22-610-75-00-7012 RIVERFRONT PLAYGROUND 4,000 4,000 22-610-75-00-7013 1PLAYGROUND REPAIRS 2,000 2,000 22-610-75-00-7014 SIGN REPLACEMENTS 3,000', 3,000 22-610-75-00-7015 MOWERS 19,857 19,857 22-610-75-00-7016 BEECHER PATHWAY 9,480 9,480 22-610-75-00-7017 RECREATION EQUIPMENT 6,600' 6,600 22-610-65-00-5800 RESERVE 1,750 1,750 TOTAL EXPENSES: PARKS 89,373 149,373 TOTAL FUND REVENUES 89,373' 149,373'. TOTAL FUND EXPENSES 89,373', 149,373 FUND SURPLUS(DEFICIT) 0! 0' 0 Page lik8 II 11110 UNITED CITY YORKVILLE PROPOSED ROOMED BUDGET FY 2004-2005 SEWER IMPROVEMENT PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 37-000-40-00-3999 CARRY OVER BALANCE 9,459,809 9,459,809 37-000-42-00-4220 CONNECTION FEES 1,071,200 1,071,200 37-000-42-00-4221 RIVER CROSSING FEES 20,000 20,000 37-000-48-00-4803 I4t 1lt IV 1V .I.k I4I.VI MIL r'iU,(111(1 i0),(1(.10 (st;iraniIy at 5;8ti(U� SOUTHWEST SERVICE AREA INTERCEPTOR 460,000 460,000 37-000-49-00-4901 TRANSFER FROM GENERAL FUND 150,000 150,000 ltuaaasa intarilV tit ie 1(111'11111w liiierasi rale eas;a iiitiiiit!of bond 37-000-46-00-4600 INVk i MIN1'INCDML -U,000 ti'i,U(10 Itrtr-flat?�hairy halal TOTAL REVENUES: 11,931,009 12,146,009 EXPENSES 37-000-62-00-5401 CONTRACTUAL/PROFESSIONAL SERVICES 40,000 40,000 37-000-62-00-5402 ENGINEERING/LEGAL/CONTINGENCIES-COUNTRYSIDE 800,000 800,000 37-000-62-00-5405 ENGINEERING/LEGAL/CONTINGENCIES-BRUELL STREET 500,000 500,000 37-000-62-00-5406 ENGINEERING/LEGAL/CONTINGENCIES-HYDRAULIC 666,625 666,625 37-000-65-00-5421 GIS SYSTEM 15,000 15,000 37-000-65-00-5800 CONTINGENCY 44,156 44,156 37-000-75-00-7502 HYDRAULIC INTERCEPTOR 1,847,778 1,847,778 37-000-75-00-7503 COUNTRYSIDE INTERCEPTOR 2,903,411 2,903,411 37-000-75-00-7505 kr1t3 ktiy rI:Lf-k ANITAf 'v 1,76f,(0)1) 1,01(31;,(1(1(1 runtaritlyl 91 4,1.Hil uilli,ni SOUTHWEST SERVICE AREA INTERCEPTOR 460,000 460,000 37-000-75-00-7515 HEARTLAND ONSITE INTERCEPTOR OVER SIZING 600,000 600,000 37-000-75-00-7504 BRUELL STREET LIFT STATION 1,435,735 1,435,735 37-000-75-00-7507 SANITARY JETTER TRUCK 225,000 225,000 37-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 37-000-99-00-9965 TRANSFER TO DEBT SERVICE 443,304 443,304' TOTAL EXPENSES: 11,931,009 12,146,009 TOTAL FUND REVENUES 11,931,009 12,146,009 TOTAL FUND EXPENSES 11,931,009 12,146,009 FUND SURPLUS(DEFICIT) 0 0 Page 15 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET ; FY 2004-2005 WATER IMPROVEMENT PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER !DESCRIPTION BUDGET BUDGET 'COMMENTS REVENUES 41-000-40-00-3999 CARRY OVER 2,387,243, 2,387,243'. 41-000-42-00-4220 'CONNECTION FEES 1,000,000 1,000,000 SOUTHWEST WATER MAIN PROJECT REVENUE 180,000 180,000 41-000-44-00-4490 MISE'=ELLANENI'; INt OMF:. 0 62,900 Reir,rhurFiernent for well rettair 41-000-45-00-4530 1RADIUM GRANT 950,000' 950,000 locrease trrirnarily duh to mirror interest rate irtrrease&tiriiirtq of 41-000-46-00-4600 INVESTMENT INCOME 20,000 61,000 hood tirtn eet+, heiny held 41-000-48-00-4801 IEPA LOAN/CONTRACT B PROCEEDS 4,400,000, 4,400,000' 41-000-49-00-4915 TRANSFER FROM WATER FUND 70,000 70,000, TOTAL REVENUES: 9,007,243 9,115,223 EXPENSES 41-000-61-00-5300 LEGAL SERVICES 5,000 5,000 41-000-61-00-5301 ENGINEERING -- rE.NLtAL SERVVicES 7,500 25,000 Ctirrerttly ai',' k 41-000-61-00-5400 RADIUM COMPLIANCE PROJECT/CONTRACT B 3,662,730 3,662,730' 41-000-61-00-5401 ENGINEERING-RADIUM COMPLIANCE/CONTRACT B 476,155 476,155 41-000-61-00-5405 PROFESSIONAL SERVICE RADIUM/CONTRACT B 261,1151 261,115 41-000-61-00-5408 CENTRAL ZONE CONTRACT C WATER litilliFiV 2,404,152 2,400,62 y C"nrrrntly at li2.i1-m1iIliiw 41-000-61-00-5410 ENGINEERING-CENTRAL ZONE CONTRACT C 11,8'/3 130,000 Currently ai:SIVA 41-000-61-00-5414 CONTRACT D-SCADA SYSTEM 2,500, 2,500 41-000-61-00-5415 USGS GROUNDWATER STUDY 24,490 24,490 USGS GROUNDWATER STUDY COUNTYWIDE 8,260' 8,260 USGS GROUNDWATER STUDY SHALLOW WATER 29,750 29,750 41-000-65-00-5421 GIS SYSTEM 20,000 20,000. 41-000-65-00-5800 CONTINGENCY 33,480 151,969 Currently at L 151k 41-000-75-00-7503 'SOUTHWEST WATER MAINTENANCE PROJECT 180,000 180,000 41-000-75-00-7504 NORTH WATER TOWER-CONTRACT A 1,085,243. 1,085,243 OVERSIZING - KYLYN°S CROSSING 44,000 44,000.. 41-000-75-00-7515 ;JOHNSON STREET WATER MAIN 36,023 36,023 41-000-99-00-9901 ;TRANSFER TO GENERAL FUND 200,0001 200,000. 41-000-99-00-9965 ',TRANSFER TO DEBT FUND 364,363 364,363, TOTAL EXPENSES: 9,007,243 9,115,223' TOTAL FUND REVENUES 9,007,243 9,115,223 TOTAL FUND EXPENSES 9,007,243' 9,115,223 FUND SURPLUS (DEFICIT) 0 0, 0 Page 41128 INVITED CITYAI YORKVILLE PROPOSED RriiirSED BUDGET FY 2004.2005 DEBT SERVICE PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 42-000-40-00-3999 CARRY OVER 15,540 15,540 42:-00(1.44-(10-4440 RIXAllTURF-WAIT IV:SIMM (16,00(1 116,11110 (Turn-4111y al I1!lk 0.4100=411-(10=40(11 1 I-ANst 1 t ( 43DM I I`.NEI AI HIM') i f,0t(.i 1(1 t t+ i n,f 4[t Of(bind ImlIm i-mmniit Itaymnnui 42-000-49-00-4910 TRANSFER FROM POLICE EQUIP CAP 73,152 73,152 42-000-49-00-4920 TRANSFER FROM SEWER FUND 0 0 42-000-49-00-4925 TRANSFER FROM SANITARY SEWER 443,304 443,304 42-000-49-00-4930 TRANSFER FROM WATER IMPRV FUND 364,363 364,363 TOTAL REVENUES: 1,001,081 1,028,437 EXPENSES 42-000-66-00-6001 CITY HALL BONDS-PRINCIPAL PMT 50,000 50,000 Due 1/1/2022 42-000-66-00-6002 CITY HALL BONDS- INTEREST PMT 54,998 54,998 Due 1/1/2022 42-000-66-00-6003 IRBB-BRUELL STREET INTEREST PYMT 86,715 86,715 Due 2/1/2023 42-000-66-00-6004 IRBB-BRUELL STREET PRINCIPAL PYMT 80,000 80,000 Due 2/1/2023 42-000-66-00-6005 NORTH WATER TOWER-INTEREST PYMT 1,017 1,017 Due 5/1/2021 42-000-66-00-6006 'NORTH WATER TOWER-PRIN PYMT 23,983 23,983 Due 5/1/2021 42-000-66-00-6007 4.8 MILLION DEBT CERT INT PYMT(WATER) 339,363 339,363 Due 12/15/2022 42-000-66-00-6009 COUNTRYSIDE ALT REV INTEREST PYMT 100,196 100,196 Due 2018 42-000-66-00-6010 COM ED/HYDRAULIC DEBT CERT. INT PYMT 35,895 35,895 Due 12/30/2014 42-000-66-00-6050 LOAN PAYMENT-SANITARY SIPHON 38,989 38,989 Due 1/25/13 42-000-66-00-6054 LOAN PAYMENT-POLICE SQUAD CAR 24,110 24,110 Due 7/15/05 42-000-66-00-6055 LOAN PAYMENT-SSES TEPA L17-1153 107,051 107,051 Due 9/6/19 42-000-66-00-6056 YNB-POLICE/ADMIN CARS 58,764' 58,764 Final pymi 5/1/04 rrj(1k kt1At'1 IMPPOVFMrNT O011t7r INT- (I -1,,`1(1(1 I c.W lin-, Our I /1()1'ri.tll:? 1. i inlrrrrl II'ml dun 0/10(1(1 iun-c.) TOTAL DEBT SERVICE 1,001,081 1,028,437 TOTAL FUND REVENUES 1,001,081 1,028,437 TOTAL FUND EXPENSES 1,001,081 1,028,437 FUND SURPLUS(DEFICIT) 0 0' Page 17 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004.2005 WATER OPERATIONS PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER ,DESCRIPTION BUDGET BUDGET 'COMMENTS REVENUES 51-000-40-00-3999 CARRY OVER BALANCE 1,540,418 1,540,418' 51-000-42-00-4240 BULK WATER SALES 9,000 9,000, 51-000-42-00-4241 ,WATER SALES 950,000 950,0001 51-000-42-00-4242 WATER METER SALES 130,000 130,000 51-000-42-00-4243 PLEASE REVENUE-H2O TOWER 21,600 21,600 51-000-44-00-4490 MISCELLANEOUS INCOME 500 500 51-000-46-00-4600 INVESTMENT INCOME 8,000' 8,000, TOTAL REVENUES: 2,659,518 2,659,518 EXPENSES 51-000-50-00-5107 SALARIES-EMPLOYEE 223,465 223,465'. 51-000-50-00-5136 SALARIES-PART TIME 4,000 4,000 51-000-50-00-5137 SALARIES-OVERTIME 27,000 27,000'' 51-000-61-00-5300 LEGAL SERVICES 2,000 2,000 51-000-61-00-5303 JULIE SERVICE 6,000 6,000' 51-000-62-00-5401 CONTRACTUAL SERVICES 4,000', 4,000 51-000-62-00-5408 'MAINTENANCE-EQUIPMENT 10,000 10,000, 51-000-62-00-5409 MAINTENANCE-VEHICLES 10,000 10,000 51-000-62-00-5411 MAINTENANCE-COMPUTERS 4,000 4,000' 51-000-62-00-5413 MAINTENANCE-CONTROL SYSTEM 8,000 8,000 51-000-62-00-5421 WEARING APPAREL 5,500 5,500: 51-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000'. 51-000-62-00-5435 ELECTRICITY 170,000' 170,000 51-000-62-00-5436 'TELEPHONE 20,000 20,000 51-000-62-00-5438 CELLULAR TELEPHONE 5,500'' 5,500. 51-000-64-00-5600 DUES 1,000 1,000 51-000-64-00-5603 SUBSCRIPTIONS 250, 250 51-000-64-00-5604 TRAINING&CONFERENCES 6,900 6,900' 51-000-64-00-5605 TRAVEL EXPENSES 2,000 2,000' 51-000-65-00-5800 CONTINGENCIES 29,276 29,276 51-000-65-00-5804 OPERATING SUPPLIES 44,000 44,000. 51-000-65-00-5808 POSTAGE&SHIPPING 11,700 11,700'. 51-000-65-00-5809 PRINTING&COPYING 5,000 5,000 51-000-65-00-5810 ,PUBLISHING&ADVERTISING 1,000 1,000 51-000-65-00-5812 ;GAS0LINE 8,700 8,700 51-000-65-00-5815 HAND TOOLS 1,000 1,000 51-000-65-00-5817 GRAVEL 5,000 5,000 51-000-65-00-5820 CHEMICALS 27,232 27,232 51-000-65-00-5821 CATHODIC PROTECTION 2,500 2,500 51-000-65-00-5822 WATER SAMPLES 12,000 12,000 0 Page 1028III UNITED CITY YORKVILLE PROPOSED R- SE® BUDGET FY 2004-2005 WATER OPERATIONS PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 51-000-72-00-6500 IMRF PARTICIPANTS 24,606 24,606 51-000-72-00-6501 SOCIAL SECURITY&MEDICARE 19,788 19,788 51-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 4,000 4,000 51-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000 51-000-75-00-7506 METER READERS 10,320 10,320 51-000-75-00-7507 HYDRANT REPLACEMENT 10,000, 10,000 51-000-75-00-7508 METERS& PARTS 130,000 130,000 51-000-78-00-9005 REFUND 1,500 1,500 51-000-62-00-5407 TREATMENT FACILITIES 0& M 44,000 44,000 51-000-62-00-5414 TRUCK LETTERING 1,000 1,000 RESERVE-H2O TOWER MAIN T. 21,600 21,600 51-000-78-00-9009 RESERVE 1,412,631 1,412,681 51-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 51-000-99-00-9930 TRANSFER TO WATER IMPRV FUND 70,000 70,000 51-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 50,000 50,000 TOTAL EXPENSES: 2,659,518 2,659,518 TOTAL FUND REVENUES 2,659,518 2,659,518 TOTAL FUND EXPENSES 2,659,518 2,659,518 FUND SURPLUS(DEFICIT) 0' 0 Page 19 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 SEWER MAINTENANCE PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER I DESCRIPTION BUDGET BUDGET COMMENTS REVENUES CARRY OVER/FUND BALANCE 478,506 478,506 52-000-42-00-4250 SEWER MAINTENANCE FEES 350,000 350,000 52-000-42-00-4251 SEWER CONNECTION FEES 96,800 96,800' 52-000-46-00-4600 INVESTMENT INCOME 10,000 10,000 TOTAL REVENUES: 1 935,306, 935,306 EXPENSES 52-000-50-00-5108 SALARIES-REGULAR 121,072 121,0721 52-000-50-00-5136 PART TIME 5,000, 5,000 52-000-50-00-5137 SALARIES-OVERTIME 12,000 12,000, 52-000-62-00-5401 ,CONTRACTUAL SERVICES 2,000 2,000 52-000-62-00-5408 MAINTENANCE-EQUIPMENT 8,500 8,5001 52-000-62-00-5409 MAINTENANCE-VEHICLES 5,000 5,000 52-000-62-00-5419 MAIN T ENANCE-SANITARY SEWER 19,000 19,000 52-000-62-00-5421 WEARING APPAREL 4,500 4,500 52-000-62-00-5422 LIFT STATION MAINTENANCE 22,000 22,000 52-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000 52-000-62-00-5435 ELECTRICITY 8,900 8,900 52-000-62-00-5438 CELLULAR TELEPHONE 2,500 2,500' 52-000-64-00-5604 TRAINING&CONFERENCES 1,900 1,900 52-000-65-00-5800 CONTINGENCIES 10,000 10,000 52-000-65-00-5802 OFFICE SUPPLIES 2,000 2,000' 52-000-65-00-5804 OPERATING SUPPLIES 8,000 8,000 52-000-65-00-5805 SHOP SUPPLIES 2,500, 2,5001 52-000-65-00-5812 GASOLINE 9,500 9,500 52-000-65-00-5815 I-LAND TOOLS 1,000 1,000'. 52-000-65-00-5817 GRAVEL 2,000 2,000 52-000-65-00-5823 ,SEWER CI-IEMICALS 8,000 8,000' 52-000-72-00-6500 IMRF PARTICIPANTS 13,217 13,217 52-000-72-00-6501 SOCIAL SECURITY&MEDICARE 10,423 10,423'. 52-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 4,000 4,000 52-000-75-00-7003 'OFFICE EQUIPMENT 6,000 6,000 52-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000. 52-000-78-00-9009 RESERVE 543,294 543,294 52-000-99-00-9901 TRANSFER TO GENERAL FUND 70,000 70,000 52-000-99-00-9925 TRANSFER TO SAN SEWER IMPROV. 0 0 52-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 30,000 30,000 52-000-99-00-9965 TRANSFER TO DEBT SERVICE FUND 0 0 TOTAL EXPENSES: 935,306 935,306 TOTAL FUND REVENUES 935,306 935,306 TOTAL FUND EXPENSES 935,306', 935,306 •FUND SURPLUS(DEFICIT) 0 0 Page.28 UNITED CITYAL YORKVILLE • PROPOSED RED BUDGET • FY 2004-2005 LAND CASH PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER 'DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 72-000-40-00-3999 CARRY OVER/STARTING BALANCE 693,912 693,912 72-000-40-00-4700 .LAND CASH-OTHER 354• 354 72-000-47-00-4701 GREENBRIAR-LAND CASH 5,355 5,355 72-000-47-00-4703 PRAIRIE GARDEN-LAND CASH 0 0 72-000-47-00-4704 FOX HILL-LAND CASH 0 0 72-000-47-00-4705 COUNTRY HILLS-LAND CASH 15,380 15,380 72-000-47-00-4707 FOX HIGHLANDS-LAND CASH 3,000 3,000. 72-000-47-00-4708 FOX HIGHLANDS DUPLEX LAND CASH 15,000 15,000 72-000-47-00-4709 SUNFLOWER-LAND CASH 15,000 15,000 72-000-47-00-4710 CIMMERON RIDGE-LAND CASH 0 0 72-000-47-00-4712 RIVER'S EDGE-LAND CASH 20,130 20,130 72-000-47-00-4713 CANNONBALL HILLS-LAND CASH 0 0 72-000-47-00-4714 WOODWOR T H-LAND CASH 0 0 72-000-47-00-4715 WHITE OAK UNIT 1&2-LAND CASH 0 0 72-000-47-00-4716 WHITE OAK UNIT 3&4-LAND CASH 1,406 1,406 72-000-47-00-4717 KYLYN'S CROSSING-LAND CASH 3,000 3,000 72-000-47-00-4718 FOXFIELD(2ND EDITION)-LAND CASH 0 0 72-000-47-00-4719 WILDWOOD-LAND CASH 1,000 1,000 72-000-47-00-4720 HEARTLAND-LAND CASH 15,000 15,000 72-000-47-00-4721 COUNTRYSIDE CN T R:#9-LAND CASH 0 0 72-000-47-00-4722 KYLN'S RIDGE-LAND CAST-I 50,000 50,000 72-000-47-00-4723 HEARTLAND CIRCLE-LAND CASI-I 30,000 30,000 72-000-47-00-4724 THE I-IIGHLANDS-RAINTREE VILLAGE 0 0 72-000-47-00-4725 W INDET T E RIDGE-LAND CASI-i 0 0 72-000-47-00-4726 RESERVE @ THE FOX LAND CASI-I 0. 0 72-000-47-00-4727 GRAND RESERVE-LAND CASI-I 100,000 100,000 72-000-47-00-4730 CANNONBALL EST/KYLYNS CROSSING 0 0 72-000-47-00-4731 MONTALBANO HOMES LAND CASH 15,000 15,000 72-000-47-00-4734 WHISPERING MEADOWS-(Kimball Hill) 25,000 25,000 72-000-47-00-4735 PRAIRIE MEADOWS-(Menards Res.) 286,230' 286,230 72-000-47-00-4700 OSLAD GRANT/Rivers Edge Park 74,000. 74,000 TOTAL CONTRIBUTIONS 1,368,767: 1,368,767 EXPENSES 72-000-75-00-7008 MISC. BALL FIELD EQUIP 0 0 72-000-75-00-7200 BLDG IMPROVE-BEECHER 0 0 72-000-75-00-7201 RIVERFRONT EQUIP IMPROVEMENT 55,000 55,000 72-000-75-00-7300 GREENBRIAR 3,000 3,000 72-000-75-00-7301 FOX HILL 0 0 72-000-75-00-7302 COUNTRY HILLS 125,000 125,000 Page 21 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 LAND CASH PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 72-000-75-00-7304 'SUNFLOWER 90,000 90,000 72-000-75-00-7307 RIVERS EDGE/Rice Park 150,000' 150,000'. Rivers Edge Park II 10,000 10,000 72-000-75-00-7311 CANNONBALL ESTATES/KYLYNS 120,000': 120,000 72-000-75-00-7317 HEARTLAND CIRCLE 5,000 5,000 72-000-75-00-7324 TOWN SQUARE 10,000 10,000 72-000-75-00-7325 VAN EMMON 0 0 72-000-75-00-7326 I CORLANDS 0 0 72-000-78-00-9009 RESERVE 458,767 458,767 72-000-75-00-7327 GRANDE RESERVE PARK DEVELOPMENT 100,000 100,000 72-000-75-00-7328 PRAIRIE MEADOWS-(Menards Res.) 5,000 5,000 72-000-75-00-7329 ELSIE LOUISE GILBERT PARK 60,000' 60,000 Parks Maintenance Facility 30,000 30,000 Winded Ridge 20,000 20,000 72-000-75-00-7330 WHISPERING MEADOWS-(Kimball Hill) 5,000 5,000 72-000-99-00-9955 TRANSFER TO PARKS/REC CAP FUND 22,000 22,000. 72-000-99-00-9970 TRANSFER TO LAND ACQUISITION 100,000 100,000 TOTAL EXPENSES: 1,368,767 1,368,767 TOTAL FUND REVENUES 1,368,767, 1,368,767 TOTAL FUND EXPENSES 1,368,767 1,368,767 FUND SURPLUS(DEFICIT) 0 0 • Page 111k8 • UNITED CITY AYORKVILLE PROPOSED RED BUDGET , • FY 2004=2005 LAND ACQUISITION PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 73-000-40-00-3999 CARRY OVER BALANCE 14,078 14,078 73-000-40-00-4930 COLT FUNDING 100,000 100,000 73-000-49-00-4935 TRANSFER FROM LAND CASH 100,000 100,000 TOTAL REVENUES: 214,078 214,078 EXPENSES 73-000-65-00-5800 CONTINGENCY 214,078, 214,078 TOTAL EXPENSES: 214,078 214,078 TOTAL FUND REVENUES 214,078 214,078 TOTAL FUND EXPENSES 214,078 214,078 FUND SURPLUS(DEFICIT) 0 0 Page 23 of 28 UNITED CITY OF VORKVILLE PROPOSED REVISED BUDGET , FV 2004=2005 PARKS & RECREATION PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 79-000-40-00-3999 CARRY OVER BALANCE 25,857 25,857 79-000-42-00-4270 FEES FOR PROGRAMS 155,125 155,125 79-000-42-00-4280 CONCESSIONS 10,000 10,000 79-000-42-00-4281 BEECHER BLDG DEPOSIT 3,500', 3,500 79-000-42-00-4282 FARMERS MARKET 1,000 1,000 79-000-42-00-4285 VENDING MACHINE INCOME 650 650 79-000-42-00-4286 RENTAL INCOME 3,000 3,000 79-000-42-00-4287 RENTAL INCOME(SHELTERS) 600 600 79-000-42-00-4288 GOLF OUTING REVENUE 36,251 36,251 79-000-44-00-4400 DONATIONS 12,000 12,000 79-000-44-00-4404 TREE DONATIONS 750 750 79-000-45-00-4550 ,YOUTH SERVICES GRANT 3,500 3,500 79-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 79-000-49-00-4901 TRANSFER FROM GENERAL FUND 794,036 794,036 Increase 37,540 due to Park Planner/equipment&COLA/Merit Transfer TOTAL REVENUES: 1,047,769 1,047,769 PARKS EXPENSES 79-610-50-00-5107 SALARIES-EMPLOYEES 272,176 272,176 Includes 3 months FT Park Planner$15,250 79-610-50-00-5136 SALARIES-PART-TIME 45,000, 45,000 79-610-50-00-5137 SALARIES-OVERTIME 8,000 8,000 1 79-610-61-00-5320 MASTER PLAN 10,000 10,000 1 79-610-62-00-5405 PARK CONTRACTUAL 10,000 10,000 79-610-62-00-5408 MAINTENANCE-EQUIPMENT 5,000 5,000' 79-610-62-00-5417 MAINTENANCE-PARKS 30,000 30,000 79-610-62-00-5421 WEARING APPAREL 5,000, 5,000 decreased 79-610-62-00-5434 RENTAL-EQUIPMENT 1,500 1,500 79-610-62-00-5438 CELLULAR TELEPHONE 4,000 4,000 decreased 79-610-62-00-5440 LAND DEVELOPER 23,500 23,500 Decrease due to Park Planner position 79-610-62-00-5445 LEGAL EXPENSES 4,000 4,000 PARKS EXPENSES 79-610-64-00-5602 PROFESSIONAL GROW T I-I/SUBSCRP T 2,500 2,500 79-610-64-00-5605 TRAVEL EXPENSE 2,000 2,000 79-610-64-00-5612 CONTINUING EDUCATION 3,000 3,000 79-610-65-00-5802 OFFICE SUPPLIES 1,000 1,000' 79-610-65-00-5804 OPERATING SUPPLIES 20,000 20,000 79-610-65-00-5812 GASOLINE 2,000 2,000'. 79-610-65-00-5815 HAND TOOLS 2,000 2,000 79-610-65-00-5824 CHRISTMAS DECORATIONS 4,000 4,000 79-610-65-00-5825 PUBLIC DECORATION 2,000 2,000 79-610-72-00-6500 IMRF PARTICIPANTS 26,678 26,678 79-610-72-00-6501 SOCIAL SECURITY/MEDICARE 25,000 25,000 79-610 -7003 OFFICE EQUIPMENT 27,000 •7000Toreflect new park planner office equip computer,CAD licensing • Page8 r UNITED CITYAgt YORKVILLE 111/ PROPOSED RWED BUDGET .' FY 2OO4.2005 PARKS & RECREATION PROPOSED REVISED 2004-2005 2004-2005 ACCOUNT NUMBER DESCRIPTION BUDGET BUDGET •COMMENTS 79-610-75-00-7701 FLOWERS/TREES 5,500 5,500' TOTAL EXPENSES: PARKS 540,854 540,854 RECREATION EXPENSES 79-650-50-00-5107 EMPLOYEE SALARIES 212,971 212,971 79-650-50-00-5150 SALARIES-INSTRUCTOR CONTRACTUAL 80,800 80,800 79-650-50-00-5155 SALARIES-RECORDING SECRETARY 3,000 3,000 79-650-61-00-5321 RECREATION RESEARCH 0 0 79-650-50-00-5108 CONCESSION STAFF 5,000 5,000 79-650-62-00-5408 MAINTENANCE SUPPLIES 6,500 6,500 79-650-62-00-5409 MAINTENANCE-VEHICLES 1,000 1,000 79-650-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 5,000 5,000 79-650-62-00-5426 YOUTH SERVICES GRANT EXPENSES 3,000 3,000 79-650-62-00-5437 TELEPHONE/INTERNET 827 827 79-650-62-00-5438 CELLULAR TELEPHONE 3,500 3,500 79-650-62-00-5445 PORTABLE TOILETS 4,000 4,000 79-650-62-00-5603 PUBLISHING/ADVERTISING 24,000 24,000 RECREATION EXPENSES 79-650-62-00-5605 BOOKS/PUBLICATIONS 750 750 79-650-62-00-5606 BEECHER DEPOSIT REFUND 6,000. 6,000 79-650-64-00-5600 DUES 2,500 2,500 79-650-64-00-5602 PROFESSIONAL GROWTH/SUBSCRIPT 7,300 7,300 79-650-64-00-5605 TRAVEL EXPENSE 2,000. 2,000 79-650-65-00-5802 OFFICE SUPPLIES 6,000 6,000 79-650-65-00-5803 PROGRAM EXPENSES 37,810 37,810 79-650-65-00-5804 OPERATING SUPPLIES 3,000 3,000 79-650-65-00-5805 RECREATION EQUIPMENT 2,500 2,500 79-650-65-00-5808 POSTAGE&SHIPPING 4,000 4,000 79-650-65-00-5812 GASOLINE 800 800 79-650-65-00-5826 MILEAGE 750 750 79-650-65-00-5827 GOLF OUTING EXPENSES 19,166 19,166. 79-650-65-00-5828 'CONCESSIONS 10,500 10,500 79-650-65-00-5840 SCHOLARSHIPS 1,500 1,500 79-650-65-00-5841 PROGRAM REFUND 6,500 6,500 79-650-72-00-6500 IMRF PARTICIPANTS 19,101 19,101 79-650-72-00-6501 SOCIAL SECURITY/MEDICARE 21,500 21,500 79-650-75-00-7002 COMPUTER EQUIP&SOFTWARE 5,640 5,640 TOTAL EXPENSES: RECREATION 506,915 506,915 TOTAL FUND REVENUES 1,047,769 1,047,769 TOTAL FUND EXPENSES 1,047,769 1,047,769 FUND SURPLUS(DEFICIT) 0 0 Page 25 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED (BUDGET FY 2004-2005 LIBRARY PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER I DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 82-000-40-00-3999 CARRY OVER 72,847 72,847 82-000-40-00-3996 CARRY OVER-BOOK DEV FEES 57,646 57,646 82-000-40-00-3997 CARRY OVER-BLDG DEV FEES 30,445 30,445 82-000-40-00-3998 CARRY OVER-MEMORIALS 5,362 5,362 82-000-40-00-4015 TRANSFER FROM GENERAL FUND 26,249 26,249 82-000-40-00-4000 REAL ESTATE TAXES 301,915 301,915 82-000-40-00-4010 PERSONAL PROPERTY TAX 2,500, 2,500', 82-000-42-00-4211 DEVELOPMENT FEES-BUILDING 67,000 67,000'. 82-000-42-00-4215 DEVELOPMENT FEES-BOOKS 67,000 67,000 82-000-42-00-4260 COPY FEES 900, 900', 82-000-42-00-4261 LIBRARY SUBSCRIPTION CARDS 8,000 8,000 82-000-42-00-4286 RENTAL INCOME 1,000 1,000 82-000-43-00-4330 LIBRARY FINES 3,000, 3,000 82-000-44-00-4432 SALE OF BOOKS 500 500'. 82-000-44-00-4450 MEMORIALS 1,500 1,500, 82-000-45-00-4560 LIBRARY PER CAPITA GRANT 7,700 7,700 82-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 82-000-46-00-4601 INVESTMENT INCOME-BLDG 1,250 1,250, TOTAL REVENUES:' 656,314 656,314 EXPENSES 82-000-50-00-5107 SALARIES-EMPLOYEES 200,000 200,000 82-000-50-00-5203 GROUP HEALTH INSURANCE 45,000 45,000 82-000-50-00-5204 GROUP LIFE INSURANCE 1,500 1,500 82-000-50-00-5205 DENTAL&VISION ASSISTANCE 4,000 4,000 82-000-61-00-5322 BONDING 2,000 2,000' 82-000-61-00-5323 ATTORNEY 3,000 3,0001 CONTRACT SERVICES 3,000 3,000'. 82-000-62-00-5407 MAINTENANCE-BLDG/JANITORIAL 5,000 5,000 82-000-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 3,000 3,000 82-000-62-00-5412 MAINTENANCE-PHOTOCOPIER 1,000 1,000 82-000-62-00-5435 ELECTRICITY 2,500 2,500 82-000-62-00-5436 TELEPHONE 1,700 1,700 82-000-64-00-5603 SUBSCRIPTIONS 4,000 4,000', 82-000-64-00-5604 TRAINING&CONFERENCES 1,500 1,500 82-000-64-00-5607 PUBLIC RELATIONS 1,000 1,000 82-000-64-00-5616 EMPLOYEE RECOGNITION 2,000 2,000'. 82-000-65-00-5800 CONTINGENCIES 12,411 12,411 82-000-65-00-5806 LIBRARY SUPPLIES 8,000 8,000 82-000-65-00-5807 'CUSTODIAL SUPPLIES 6,000 6,000 • Page.8 • UNITED CITY AYORKVILLE PROPOSED RIMMED BUDGET � • FY 2004-2005 LIBRARY PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS 82-000-65-00-5808 POSTAGE&SHIPPING 1,000 1,000 82-000-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 82-000-65-00-5826 MILEAGE 1,000 1,000 82-000-65-00-5832 VIDEOS 5,500 5,500 82-000-65-00-5833 ALARM MONITORING 1,000 1,000 82-000-65-00-5834 LIBRARY PROGRAMMING 10,000 10,000'. 82-000-65-00-5835 LIBRARY BOARD EXPENSES 1,000 1,000 82-000-65-00-5836 BOOKS-ADULT 11,000 11,000 82-000-65-00-5837 BOOKS-JUVENILE 11,000 11,000 82-000-65-00-5838 BOOKS-AUDIO 11,000 11,000 82-000-65-00-5839 BOOKS-REFERENCE 12,000 12,000 82-000-65-00-5840 BOOKS-DEVELOPMENT FEE 124,646 124,646 82-000-65-00-5841 MEMORIALS/GIFTS 6,862 6,862 82-000-65-00-5842 BLDG-DEVELOPMENT FEES 98,695 98,695 82-000-72-00-6500 IMRF PARTICIPANTS 9,000 9,000 82-000-72-00-6501 SOCIAL SECURITY/MEDICARE 15,000 15,000 82-000-75-00-7003 AUTOMATION 30,000 30,000 TOTAL EXPENSES: 656,314 656,314 TOTAL FUND REVENUES 656,314 656,314 TOTAL FUND EXPENSES 656,314 656,314. FUND SURPLUS(DEFICIT) 0 0 Page 27 of 28 UNITED CITY OF YORKVILLE PROPOSED REVISED BUDGET FY 2004-2005 FOX INDUSTRIAL PROPOSED REVISED ACCOUNT 2004-2005 2004-2005 NUMBER DESCRIPTION BUDGET BUDGET COMMENTS REVENUES 85-000-40-00-3999 CARRY OVER BALANCE 34,852 34,852 85-000-40-00-4090 TIF REVENUES 34,068 34,068 85-000-46-00-4600 INVESTMENT INCOME 1,000 1,000 85-000-49-00-4905 TRANSFER FROM MFT FUND 9,587 9,587. TOTAL REVENUES:! 79,507 79,507 EXPENSES 85-000-66-00-6021 FOX IND BOND-PRINCIPAL PMT 55,000, 55,000 85-000-66-00-6022 FOX IND BOND-INT PAYMENT 24,293 24,293 85-000-75-00-7901 FOX INDUSTRIAL-NON MFT 0 0 85-000-75-00-7902 FOX INDUSTRIAL EXPENSES 0 0 85-000-78-00-9007 'ADMINISTRATION FEES 214', 214 85-000-78-00-9010 RESERVE-FUTURE BOND PYM T 0 0 TOTAL EXPENSES: 79,507; 79,507 TOTAL FUND REVENUES 79,5071 79,507 TOTAL FUND EXPENSES 79,507', 79,507. FUND SURPLUS(DEFICIT) 0 0' • Page 028 • Z�<,;O Q United City of Yorkville Memo 800 Game Farm Road EST.Ali 1836 Yorkville, Illinois 60560 Telephone: hone: 630-553-4350 a Fax: 630-553-7575 Kmc4gCas7. `� Date: April 15, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant Agenda Item Admin #7: Proposed FY 05/06 Budget was not available at the time packets were produced. This item will be available Monday, April 18, 2005 and distributed in a supplemental packet. Any questions, please contact: Finance Director Traci Pleckham UNITED CITY OF YORKVILLE PROPOSED BUDGET 2005-2006 GENERAL FUND SUMMARY 2005-2006 2004-2005 PROPOSED PERCENT BUDGET BUDGET NET CHANGE CHANGE COMMENTS/HIGHLIGHTS $5,590,000 increase related to funding/bond proceeds TOTAL GENERAL FUND specifically for Road Programs. Net new revenues= REVENUE 11,218,480 17,958,036 6,739,556 60.08% $1,149,556 GENERAL FUND EXPENSES Increase includes$200k Health Ins, $273k Bldg Inspections, FINANCE & $222k Sales Tax Rebate, $51 k merit for all Gen Fd ADMINISTRATION 4,085,970 5,119,553 1,033,583 25.30% Departments, $134k Park&Recreation Transfer ENGINEERING 400,649 386,820 (13,829) -3.45% POLICE 1,955,579 2,135,143 179,564 9.18% BUILDING &ZONING 253,100 285,396 32,296 12.76% Increase due to Planning positions $5.5 million increase related to funding/bond proceeds STREETS 4,017,182 9,459,954 5,442,772 135.49% specifically for Road Programs HEALTH & SANITATION 506,000 571,170 65,170 12.88% $5,590,000 increase related to funding/bond proceeds TOTAL GENERAL FUND specifically for Road Programs. Net new revenues= EXPENSES 11,218,480 17,958,036 6,739,556 60.08% $1,149,556 GENERAL FUND EXPENDITURES 2005-2006 PROPOSED BUDGET HEALTH & SANITATION STREETS 3% _� OFINANCE&ADMINISTRATION 52% 0 ENGINEERING FINANCE & S POLICE ADMINISTRATION ■BUILDING&ZONING 29% ■STREETS O HEALTH &SANITATION ENGINEERING BUILDING & ZONING POLICE 2% 2% 12% 4/18/2005 by Prepared Traci Pleckham P UNITED CITY OF YORKVILLE REQUESTED NEW HIRES FY 2005-2006 REQUESTED POSITIONS SALARY RANGE Hire Month #Months 05/06 Salary Comments General Fund Accounting Clerk I (PT to FT) $26,910 $42,820 July 10 $15,304.67 Represents net change(Position currently PT) Office Manager $32,085 $43,675 Sept 8 $22,666.67 $34k Community Development Director July 10 $58,333.33 $58k+$12,253 benefits($70k annual salary)TO BE FUNDED THRU PLANNING FEE Land Use Planner $45,000 $65,000 Nov 6 $24,000.00 $48K Park Designer $45,000 $65,000 Aug 9 $36,000.00 $48K Also budgeted decrease in Park&Rec Master Plan&Land Developer fees Streets Operator $39,330 $52,454 Feb 3 $10,000.00 $40k Police Officer $38,473 $47,516 Oct 7 $23,582.42 $19.43/hr= $40,427/yr Police Officer $38,473 $47,516 Oct 7 $23,582.42 Police Officer $38,473 $47,516 April 1 $3,368.92 Police Officer $38,473 $47,516 April 1 $3,368.92 General Fund Total New Hire Salaries $220,207.33 Park&Recreation PT Receptionist Nov 6 $5,200.00 $10.00/hr Total Park&Rec New Hire Salaries $5,200.00 Enterprise Funds Sewer MW I $29,900 $41,749 Nov 6 $15,400.00 $30,800 Funded through Sewer Maintenance Fund MWII (Julie Locator) '$34,155 $47,101 May 12 $35,000.00 $35k Funded 1/2 from Sewer Maintenance Fd, 1/2 through Water Operating Fd PT Utility Billing Clerk July 10 $8,925.00 $10.50/hr Total Enterprise Funds New Hire Salaries $59,325.00 4/18/2005 Prepared by Traci Pleckham UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND i the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET ,Budget %Change 1COMMENTS GENERAL FUND REVENUES . FUND BALANCE 113,139 0 -100.00% 01-000-40-00-3999 CARRY OVER BALANCE 124,000 0 -100.00% 01-000-40-00-3996 ROAD CONTRIBUTION FEE 0 New line-275 permits @$2,000 01-000-40-00-3998 ROAD FUNDING-MPI 2,690,000 4,000,000 48.70% Grande Reserve Perimiter roads-funded by developer 01-000-40-00-3997 ,IN-TOWN ROAD PROGRAM FUNDING 620,000 4,350,210 601.65% includes carry over of 525,485 from FY 04/05 01-000-40-00-4000 REAL ESTATE TAXES 1,287,453, 1,393,821', 8.26%,Increase in new EAV 01-000-40-00-4001 TOWN ROAD/BRIDGE TAX 95,000' 98,000 3.16% FOX HILL LEVY REVENUE 0 7,850 New Line-Seasonal maintenance of SSA area 01-000-40-00-4010 PERSONAL PROPERTY TAX 10,000 10,000 0.00% 01-000-40-00-4020 STATE INCOME TAX 593,257 638,820 7.68% Special Census 5 months 01-000-40-00-4030 MUNICIPAL SALES TAX ,Slight increase in existing sales tax+increase FE Wheaton sales tax due to expansion 01-000-40-00-4032 ,STATE USE , 87,8901 Special Census 5 months ,133,000 01-000-40-00-4040 MUNICIPAL UTILITY08,901 10.37% TAX 2 500,000! 2,308,900 500,000' 0.00%' 01-000-40-00-4041 UTILITY TAX-NICOR 75,000 100,000 33.33%I Currently at$95k(4/14/05) 01-000-40-00-4042 UTILITY TAX-CABLE TV 60,000 65,000 8.33% Currently at$60k(Feb 05)03/04 was$55k 01-000-40-00-4043 UTILITY TAX-TELEPHONE 250,000 325,000 30.00% 03/04 audit revenues above$250k+current revenues at$286k(4/14/05) 01-000-40-00-4050 HOTEL TAX 19,000 20,000 5.26% 03/04 audit was$18k TRAFFIC SIGNAL REVENUE 6,000 5,000 -16.67% 01-000-41-00-4100 LIQUOR LICENSE 22,500., 25,000 11.11% 01-000-41-00-4101 OTHER LICENSES 4,000 4,500 12.50% Currently at$3,700(Feb 05) 01-000-41-00-4110 BUILDING PERMITS 870,000 1,100,000 26.44% Est.residential permits(700)+700k Sq Ft Com/ind/manu 05/06 01-000-42-00-4205 •FILING FEES 22,000 25,000 13.64% 01-000-42-00-4206 GARBAGE SURCHARGE 171,590 192,780 12.35% 01-000-42-00-4208 COLLECTION FEE-YBSD 44,441 34,000 -23.49%,Decrease due to one time capital fee of$11k paid FY 04/05 PLANNING FEE 0 39,899 NEW FEE TO BE CREATED&JUSTIFIED 50%of Community Dev.Director salary+bene 01-000-42-00-4210 DEVELOPMENT FEES 575,000 1,175,000 104.35% Based on estimated residential permits+commercial 01-000-42-00-4211 ENGINEERING CAPITAL FEE 4,000 27,500 587.50% Based on estimated residential permits(275)that include this new capital fee of$100/permit 01-000-43-00-4310 TRAFFIC FINES 70,000 73,500 5.00% 5%increase per year 01-000-43-00-4315 REIMBURSE POLICE TRAINING 3,500 0 -100.00% Delayed Reimbursement from State-unknown if needed at this time 01-000-43-00-4320 ;ORDINANCE FEES 2,500 2,500 0.00% 01-000-44-00-4401 DARE DONATIONS 1,000 1,250 25.00%, 01-000-44-00-4402 ROB ROY CREEK HYDRAULIC STUDY 20,000 40,000 100.00% Reimbursements from Developers 01-000-44-00-4411 REIMB-POLICE PROTECTION 3,000 3,000 0.00% ---01-000-44-00-4420 SIDEWALK CONSTRUCTION 5,000 0 -100.00% Program is now fully funded by City 01-000-44-00-4490 MISCELLANEOUS INCOME 10,000 10,000 0.00% 01-000-45-00-4505 COPS GRANT-VESTS 2,000 1,250 -37.50% This will allow 4 vests 05/06 at 50% 01-000-45-00-4510 ',COPS GRANT 41,000 0 -100.00%Grant Expired 2004/2005 01-000-45-00-4511 POLICE-STATE TOBACCO GRANT 1,210 1,250 3.31 Slight increase in interest rate,increase in fund balance+road project proceeds not yet expended 01-000-46-00-4600 INVESTMENT INCOME 12,000 20,000 66.67%earning interest TRANSFER FROM LAND CASH 0 42,000 New line-80%of Park Designer salary+benefits 01-000-49-00-4915 TRANSFER FROM WATER OPERATIONS 200,000 200,000 0.00% 01-000-49-00-4920 TRANSFER FROM SEWER MAINT. 70,000 70,000 0.00% 01-000-49-00-4925 TRANSFER FROM SAN.SEWER IMP 200,000 200,000 0.00%,,150k Required per loan agreement 01-000-49-00-4930 TRANSFER FROM WATER IMPROVE. 200,000 200,000 0.00% TOTAL REVENUES:GENERAL 11,218,480 17,958,036 60.08/0'' Page 1 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ** Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS FINANCE &ADMINISTRATION EXPENSES 01-110-50-00-5100 SALARIES-MAYOR 7,535 7,500 -0.46% 01-110-50-00-5101 SALARIES-CITY CLERK 3,635 3,600 -0.96% 01-110-50-00-5102 SALARIES-CITY TREASURER 3,635 3,600 -0.96% 01-110-50-00-5103 SALARIES-ALDERMAN 29,080 29,080 0.00% 01-110-50-00-5104 SALARIES-LIQUOR COMMISSIONER 1,000 1,000 0.00% 01-110-50-00-5105 SALARIES-CITY ATTORNEY 13,500 13,500 0.00% Community Relations Mgr.(FY 04/05 hire)+FT Acctg Clerk(July)+Office Coord.(Sept)+added 01-110-50-00-5106 SALARIES-ADMINISTRATIVE 413,600 568,571 37.47% Janitor payroll to Admin Salaries(was in Office Cleaning) 01-110-50-00-5136 SALARIES-PART TIME 48,000 45,072 -6.10% 2 perm.part time(PT Tech added in Feb 05)+1 intern @$3,000 01-110-50-00-5137 SALARIES-OVERTIME 1,500 1,500 0.00% 01-110-50-00-5202 BENEFITS-UNEMPLOY. COMP.TAX 9,000 10,000 11.11% Additional employees increase unemployment amount Actual costs averaged 14%increase+annualized costs of FY 04/05(11 new hires throughout FY)+9 01-110-50-00-5203 BENEFITS-HEALTH INSURANCE 621,000 825,000 32.85% new FT new hires(other 2 new hires are Apr 1-30 day wait for Health Ins.) 01-110-50-00-5204 BENEFITS-GROUP LIFE INSURANCE 18,000 20,000 11.11% FY 04/05 new hires annualized in 05/06+new 01-110-50-00-5205 BENEFITS-DENTALNISION ASST 50,000 68,093 36.19% Includes 11 new hires 05/06 01-110-61-00-5300 LEGAL SERVICES 40,000 35,000 -12.50% 01-110-61-00-5304 AUDIT FEES&EXPENSES 14,660 25,500 73.94% Per agreement 01-110-61-00-5305 ACCOUNTING ASSISTANCE 7,500 5,000 -33.33% 01-110-61-00-5308 GASB 34 15,000 15,000 0.00% 01-110-61-00-5310 EMPLOYEE ASSISTANCE 4,500 4,500 0.00% 01 01-110-61-00-5311 ,CODIFICATION 5,000 5,000' 0.00%. 01-110-61-00-5314 BUILDING INSPECTIONS 607,500 880,000' 44.86%'Approx.80%of Building Permit Fees 01-110-61-00-5322 BONDING 2,000 0 -100.00% Covered through IMLRMA(Property&Liability Insurance)Cost 01-110-62-00-5400 INSURANCE-LIABILITY&PROPERTY 130,312 130,000 -0.24% 01-110-62-00-5401 CONTRACTUAL SERVICES 37,300 37,500', 0.54%. SPECIAL CENSUS 0 66,000 Based on contract received 3/05 01-110-62-00-5404 CABLE CONSORTIUM FEE 30,000 30,000 0.00% 01-110-62-00-5406 OFFICE CLEANING 34,500 7,500 -78.26% Decrease due to moving Janitor payroll to Admin Salaries 01-110-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 500 500 0.00% 01-110-62-00-5411 MAINTENANCE-COMPUTERS 8,000 2,000 -75.00% was 8,000 for T-1 line installation in FY 04/05 01-110-62-00-5412 MAINTENANCE-PHOTOCOPIERS 19,392 19,392 0.00% Lease Cost WEARING APPAREL 0 1,740 New line item-11 elected officials(660)+18 ee(1080)@$60 per person 01-110-62-00-5427 FACADE PROGRAM 20,000 20,000 0.00%. 01-110-62-00-5436 TELEPHONE 20,000 21,000 5.00% 01-110-62-00-5437 ACCTG SYSTEM SERVICE FEE 7,385 7,650 3.59% 05/06 Includes new Permit Tracking Annual Fee(Purchased in FY 04/05) 01-110-62-00-5438 CELLULAR TELEPHONE 2,300 2,300 0.00% 01-110-62-00-5439 TELEPHONE SYSTEMS MAINTENANCE 11,000 11,000 0.00% 01-110-64-00-5600 DUES 4,000 4,000 0.00% 01-110-64-00-5601 ILLINOIS MUNICIPAL LEAGUE DUES 551 690 25.23% Actual dues amount for FY 04/05 01-110-64-00-5603 SUBSCRIPTIONS/BOOKS 400 500 25.00% increased individual&dept training for new&existing staff+GFOA Conf.,IML,IGFOA local 01-110-64-00-5604 TRAINING&CONFERENCES 8,000 11,000 37.50% conferences,IAMMA,Admin.graduate classes,Brownfield&TIF conferences 01-110-64-00-5605 TRAVEL/MEALS/LODGING 19,000 17,000 -10.53% 01-110-64-00-5607 PUBLIC RELATIONS 11,000 18,000 63.64% To incorporate Trolley Program SPONSORSHIPS 0 1,500 Page 2 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/O5 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS FINANCE &ADMINISTRATION 01-110-65-00-5800 CONTINGENCIES 163,500 159,359 -2.53% Currently at 2.5%(Policy is 3%of 185,000) FUND BALANCE RESERVE 0 0 To reserve fund balance if necessary per policy. Currently,not needed. 01-110-65-00-5802 OFFICE SUPPLIES 12,000 12,000 0.00% 01-110-65-00-5804 OPERATING SUPPLIES 14,500 13,000 -10.34% 01-110-65-00-5808 POSTAGE&SHIPPING 8,000 11,000 37.50% Increase in mailings 01-110-65-00-5809 PRINTING&COPYING 8,000 10,500 31.25%'Increase in photocopies(color/black&white)Copying avg 160-170k/quarter on main copier 01-110-65-00-5810 PUBLISHING&ADVERTISING 3,000 3,500 16.67% Currently at$3k(Feb) 01-110-65-00-5844 MARKETING-HOTEL TAX 19,000 20,000 5.26%,off set to revenue 01-110-72-00-6500 IMRF PARTICIPANTS 44,000 47,791 8.62% due to new staff salaries 01-110-72-00-6501 SOCIAL SECURITY&MEDICARE 42,500 52,821 24.28% Increase due to 3 new staff(Comm Relations/FT Acctg/Ofc Coord.) 01-110-75-00-7002 COMPUTER EQUIP&SOFTWARE 13,500 13,500 0.00% 05/06 MSI Human Resource Module 01-110-75-00-7003 OFFICE EQUIPMENT 10,000 3,000 -70.00% installed new panel systems in 04/05 01-110-78-00-9001 CITY TAX REBATE 1,200 1,200 0.00% 01-110-78-00-9002 NICOR GAS 30,000 30,000 0.00% 01-110-78-00-9003 SALES TAX REBATE 333,500 555,300 66.51% Increase due to FE Wheaton rebate agreement 01-110-78-00-9004 MISCELLANEOUS 100 100 0.00% 01_-110-78-00-9005 MERIT/PAY EQUITY 0 51,104 up to 4%merit as approved-this line includes all GF Departments 01-110-99-00-9923 TRANSFER TO LIBRARY 26,249 31,500 20.00% increase in SS/IMRF for Library budget 01-110-99-00-9925 TRANSFER TO SAN SEWER 150,000 150,000 0.00% 01-110-99-00-9940 TRANSFER TO PARK&RECREATION 794,036 928,567 16.94% Increase due to parks maintenance and staffing from FY 04/05 Not necessary due to capital and asset replacement projects eliminated during budget meetings with 01-110-99-00-9941 TRANSFER TO PARK/REC CAPITAL 36,600 0 -100.00% department heads and mayor due to budget constraints. 01-110-99-00-9945 TRANSFER TO MUNICIPAL BLDG 97,000 49,523 -48.95% Amount decreased because FY 04/05 included emergency generator and carpet for City Hall TOTAL EXPENSES: FINANCE&ADMINISTRATION 4,085,970 5,119,553 25.30% Page 3 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS ENGINEERING EXPENSES The Engineering Department budget was new for 04-05.Many proposed 05-06 numbers are based on acutal 04-05 expenditures. 01-150-50-00-5107 SALARIES-EMPLOYEES 244,945 248,919 1.62% Moved Planning salaries to new Planning and Development Department 01-150-50-00-5137 SALARIES-OVERTIME 1,000 1,000 0.00% 01-150-62-00-5401 CONTRACTUAL SERVICES 58,000 20,000 -65.52% Miscellaneous,currently unknown projects.Should be$52,000 based on 04-05 expenditures. GIS SYSTEM 0 5,000 $5k for GIS Contract(25k total-split w/water&sewer$10K each).This is a capital project. FEES 0 1,000 New annual NPDES permit fee for Illinois EPA. 01-150-62-00-5409 MAINTENANCE-VEHICLES 4,500 3,500 -22.22% Retire 87 pickup in 05.Reduced maintenance costs due to newer vehicles. 01-150-62-00-5410 MAINTENANCE-OFFICE EQUIP 2,000 1,000 -50.00%,Reduction based on actual 04-05 expenditures. 01-150-62-00-5411 MAINTENANCE-COMPUTERS 3,500 2,500 -28.57% General maintenance.Reduction based on actual 04-05 expenditures. Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-62-00-5421 WEARING APPAREL 1,100 1,100 0.00% expense in new department). Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-62-00-5438 CELLULAR TELEPHONE 2,800 2,800 0.00% expense in new department). Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-64-00-5600 DUES 300 300 0.00% expense in new department). One-time seminars and tuition reimbursement.Increase due to switching funds from STORMWATER 01-150-64-00-5604 TRAINING&CONFERENCES 2,500 6,000 140.00%SOFTWARE&TRAINING. Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-64-00-5605 TRAVEL EXPENSE 1,000 1,000 0.00% expense in new department). 01-150-64-00-5616 BOOKS&PUBLICATIONS 200 200 0.00% Amount Decreased from 3/24/05 Proposed budget due to creating planning department(budgeted 01-150-65-00-5801 ENGINEERING SUPPLIES 3,000 3,000 0.00% expense in new department). 01-150-65-00-5802 OFFICE SUPPLIES 2,000 2,500 25.00% General supplies.Increase due to additional planning personnel. 01-150-65-00-5809 PRINTING&COPYING 2,000 2,000 0.00% 01-150-72-00-6500 IMRF PARTICIPANTS 23,804 27,400 15.11% Increase due to additional planning personnel 01-150-72-00-6501 SOCIAL SECURITY&MEDICARE 19,000 25,751 35.53% Increase due to additional planning personnel 01-150-75-00-7002 COMPUTER EQUIP&SOFTWARE 0 3,850 $1,600 Laser Printers(replace older inkjet printers)+$2,250(fy 05&06)5 AutoCAD 1WaterCAD 01-150-75-00-7003 OFFICE EQUIPMENT 0 500 FY 05/06 Ceiling Fans FY 05/06 Replacement Truck for Engineering Tech$20k+Replace 96 sedan w/small SUV($25k to be 01-150-65-00-5820 Vehicles/ENGINEERING CAPITAL 24,000 27,500 14.58% partially paid thru PW). Transfer ENGINEERING CAPITAL to PW Dept. 0 0 New line for FY 06/07-To repay PW from FY 04/0.5(20k for 04/05 truck$17,500 05/06 SUV) 01-150-65-00-5814 STORM WATER SOFTWARE&TRAINING 5,000 0 -100.00% Moved to Training&Conferences TOTAL EXPENSES:ENGINEERING 400,649 386,820 -3.45% Page 4 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ."Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS PUBLIC SAFETY/POLICE DEPT. EXPENSES 01-210-50-00-5107 SALARIES-EMPLOYEES 541,000 608,512 12.48% 3%increase per contract 4 new hires(2-Oct&2-Apr) 01-210-50-00-5131 ,SALARIES-LIEUT./SERGEANTS/CHIEF 461,525 522,284 13.16% 01-210-50-00-5133 SALARIES-COPS 148,496 150,158 1.12% 3%increase per contract 01-210-50-00-5134 'SALARIES-CROSSING GUARD 18,800 19,000 1.06% 01-210-50-00-5135 SALARIES-POLICE CLERKS 100,307 103,626 3.31% 160 hours per month @$15.50 for 2005/2006 We will not put in place the Cadet Program until we are 01-210-50-00-5136 SALARIES-PART TIME 20,000 30,000 50.00% able to locate funds to support it. 01-210-50-00-5137 SALARIES-OVERTIME 50,000 50,000 0.00% 01-210-61-00-5300 LEGAL SERVICES 6,300 20,000 217.46% Union Contract is up(April 30,2006) _ 01-210-62-00-5408 MAINTENANCE-EQUIPMENT 8,000 8,000 0.00% 01-210-62-00-5409 MAINTENANCE-VEHICLES 21,000 21,000 0.00% 01-210-62-00-5410 MAINT-OFFICE EQUIPMENT 2,500 2,500 0.00% 01-210-62-00-5411 MAINTENANCE-COMPUTERS 2,000 2,100 5.00% 01-210-62-00-5414 WEATHER WARNING SIREN MAINT 8,000 8,000 0.00% 01-210-62-00-5421 WEARING APPAREL 20,000 27,000 35.00% I will be outfitting(4)new hires @$3,500 per new hire 01-210-62-00-5422 COPS GRANT IV-VESTS 2,500 2,500 0.00% (4)Vests 01-210-62-00-5423 CLASY GRANT 0 1,000 New Line Item 01-210-62-00-5424 ICJIA-JUVENILE 5,000 0 -100.00% 01-210-62-00-5429 PSYCHOLOGICAL TESTING 1,000 1,500 50.00% I will need two more tests for the two new people @$250 per test 01-210-62-00-5430 HEALTH SERVICES 3,000 3,000 0.00% 01-210-62-00-5431 ,LABORATORY FEES 1,000 1,000 0.00% 01-210-62-00-5436 TELEPHONE 20,000 20,000 0.00%, 01-210-62-00-5438 CELLULAR TELEPHONE 13,000 14,000 7.69% 2 phones needed for new hires in October 2005 01-210-62-00-5441 MTD-ALERTS FEE 2,300 2,400 4.35% (1)New Unit 01-210-64-00-5600 DUES 2,250 2,250 0.00% 01-210-64-00-5603 SUBSCRIPTIONS 300 300 0.00% 01-210-64-00-5604 TRAINING&CONFERENCE 19,000 19,000 0.00% No Increase 01-210-64-00-5605 TRAVEL EXPENSES 9,000 9,000 0.00% 01-210-64-00-5606 COMMUNITY RELATIONS 5,250 5,500 4.76% 01-210-64-00-5607 POLICE COMMISSION 11,000 23,000 109.09% increase for(2)Promotional Tests(Sgt.&Lt.)and New Hire Test 01-210-64-00-5608 TUITION REIMBURSEMENT 14,000 14,000 0.00% 01-210-64-00-5609 POLICE RECRUIT ACADEMY 10,500 3,500 -66.67% 1 new recruit to Attend PTI 01-210-64-00-5610 GUN RANGE FEES 625 625 0.00% 01-210-64-00-5611 SRT FEE 2,000 2,000 0.00% 01-210-65-00-5802 OFFICE SUPPLIES 6,500 6,500 0.00% 01-210-65-00-5804 OPERATING SUPPLIES 15,750 16,000 1.59% 01-210-65-00-5808 POSTAGE&SHIPPING 3,000 3,000 0.00% 01-210-65-00-5809 PRINTING&COPYING 4,500 4,500 0.00% 01-210-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 0.00% Advertising for New Hire List 01-210-65-00-5812 GASOLINE 33,000 36,300 10.00% 10%Increase,we are traveling more miles each month as well as the cost of fuel is up. Page 5 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT_4118/05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS PUBLIC SAFETY/POLICE DEPT. 01-210-65-00-5813 AMMUNITION 5,000 5,000 0.00% 01-210-72-00-6500 IMRF PARTICIPANTS 10,101 8,732 -13.55%Decrease in IMRF Rate 01-210-72-00-6501 SOCIAL SECURITY&MEDICARE 102,575 115,170 12.28% Hiring of(4)Police Officers 01-210-72-00-6502 POLICE PENSION 207,000 231,686 11.93% Hiring of(4)Police Officers 01-210-75-00-7002 COMPUTER EQUIP&SOFTWARE 8,500' 8,500 0.00% 01-210-78-00-9004 BIKE PATROL 2,000 2,000 0.00% 01-210-99-00-9910 TRANSFER TO POLICE CAPITAL 27,000 0 -100.00% TOTAL EXPENSES: PUBLIC SAFETY/POLICE DEPT. 1,955,579 2,135,143 9.18% Page 6 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS PLANNIING & DEVELOPMENT Employee Salaries include Community Development Director($79,797-10 months salary plus EXPENSES SS/IMRF&Benefits Costs for this position) 01-220-50-00-5107 EMPLOYEE SALARIES 0 139,797 Employee Salaries also include salary only for Land Use Planner(Nov)+Park Designer(Aug) 01-220-61-00-5300 LEGAL SERVICES 45,000 20,000 -55.56% FY 04/05 Included Master Facilities Plan+South Comp Plan//05/06 Misc.court reporter services+ 01-220-62-00-5401 CONTRACTUAL SERVICES 110,000 10,000 -90.91% minor misc.contractual services expenses 01-220-62-00-5430 PLANNING CONSULTANT 40,000 20,000 -50.00% Decrease due to adding Planning staff 01-220-62-00-5432 ECONOMIC DEVELOPMENT 45,000 45,000 0.00% 01-220-62-00-5438 CELLULAR TELEPHONE 0 1,000 New line 01-220-64-00-5600 DUES 200 200 0.00% 01-220-64-00-5604 TRAINING&CONFERENCES 0 6,000 New line 01-220-64-00-5605 TRAVEL EXPENSE 0 3,000 New line 01-220-64-00-5616 BOOKS&PUBLICATIONS 0 425 New line 01-220-65-00-5804 OPERATING SUPPLIES 1,200 5,000 316.67% 01-220-65-00-5809 PRINTING&COPYING 700 2,500 257.14% 01-220-65-00-5810 PUBLISHING&ADVERTISING 8,000 10,000 25.00% Increased volume of advertising needed 01-220-65-00-5814 BOOKS&MAPS 3,000 3,000 0.00% 01-220-72-00-6500 IMRF PARTICIPANTS 0 4,884 New line-IMRF for Land Use Planner and Park Designer 01-220-72-00-6501 SOCIAL SECURITY&MEDICARE 0 4,590 New line-SS for Land Use Planner and Park Designer 01-220-75-00-7002 COMPUTER EQUIP&SOFTWARE 0 7,500 New line 01-220-75-00-7003 OFFICE EQUIPMENT 0 2,500 New line TOTAL EXPENSES: PLANNING&DEVELOPMENT 253,100 285,396 12.76% Page 7 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS STREETS EXPENSES 01-410-50-00-5107 SALARIES-EMPLOYEE 156,643 182,345 16.41% FY 05/06 2 Promotions to MWII +New hire Operator(Feb) 01-410-50-00-5136 SALARIES-PART TIME 5,500 11,000 100.00% additional seasonal part time employee @$8.50/hr 01-410-50-00-5137 SALARIES-OVERTIME 18,000 20,400 13.33% due to additional employees during snow plow season 01-410-61-00-5313 ENGINEERING-IN TOWN ROAD PROG 120,000 215,210 79.34% starting phase II of the program 01-410-61-00-5314 INSPECTIONS&LICENSES 100 200 100.00% additional licenses 01-410-62-00-5401 CONTRACTUAL SERVICES 2,000 2,000 0.00% 01-410-62-00-5408 MAINTENANCE-EQUIPMENT 10,000 9,000 -10.00% preventative maintenance and equipment change out has lowered repair costs 01-410-62-00-5409 MAINTENANCE-VEHICLES 11,000 11,550 5.00% additional vehicles to maintain,mainly for routine maintenance 01-410-62-00-5414 MAINTENANCE-TRAFFIC SIGNALS 22,000 24,000 9.09% increase in contractor and supply costs 01-410-62-00-5415 MAINTENANCE-STREET LIGHTS 20,500 25,000 21.95% Increase in number of street lights 01-410-62-00-5420 MAINTENANCE-STORM SEWER 5,000. 10,000 100.00% FY 05/06 Cannonball Tr.Drainage per agreement,increase for NPDES compliance 01-410-62-00-5421 WEARING APPAREL 5,800 6,000 3.45% Outfit new employees+increase uniform costs by 5% 01-410-62-00-5434 RENTAL-EQUIPMENT 1,500 2,000 33.33% rental of specialty equip such as cold planer for road patching and concrete core drill 01-410-62-00-5435 ELECTRICITY 47,000 51,800 10.21% Increase in number of street lights 01-410-62-00-5438 CELLULAR TELEPHONE 2,600 3,300 26.92% New Employee _ 01-410-62-00-5440 STREET LIGHTING 4,500 6,000 33.33% Prices are currently at approx$2,000 per pole hooked up 01-410-64-00-5604 TRAINING&CONFERENCES 5,600 5,000 -10.71% 1 national show,2 regional classes,+state&local classes 01-410-65-00-5804 OPERATING SUPPLIES 9,500 25,800 171.58% Combined with maintenance supplies streets 01-410-65-00-5812 n GASOLINE 20,000 24,000 20.00% 10%increase each year due to additions to the fleet and rising costs 01-410-65-00-5815 HAND TOOLS 1,500 ° 2,500 66.67%'Outfit new trucks each year 01-410-65-00-5817 GRAVEL 5,500 6,500 18.18%'New areas w/gravel shoulders,increased maintenance practices 01-410-72-00-6500 IMRF PARTICIPANTS 17,587 16,783 -4.57% 01-410-72-00-6501 n SOCIAL SECURITY&MEDICARE 13,780 16,616 20.58% 01-410-75-00-5418 MOSQUITO CONTROL 27,572 28,950 5.00% 5%increase 01-410-75-00-5419 MAINT SUPPLIES-STREET 15,000 0 -100.00%Combined with operating supplies 01-410-75-00-7004 SAFETY EQUIPMENT 1,000 1,000 0.00% 01-410-75-00-7100 STREET REHAB PROJECTS 213,000 40,000 -81.22% FY 05:Asphalt Pavement Treatment$40K,,//FY 06:Asphalt Pavement$50K,Palmer Court$60K ROAD CONTRIBUTION FUND PROJECTS MIENew line-FY 05/06 Countryside/McHugh/Marketview re-striping$10K ROAD CONTRIBUTION FUND-RESERVE 0 New line -reserve for next FY FY 05:Phase 1 Storm Sewer$500K Phase 1 Roadways$1,030,000K Construction Inspection$230K 01-410-75-00-7101 IN-TOWN ROAD PROGRAM 500,000 2,345,000 369.00% Phase 2 Storm Sewer$480K Construction Inspection$105K IN-TOWN ROAD PROGRAM RESERVE 0 1,575,000 New line-reserve for next FY 01-410-75-00-7099 GRANDE RESERVE PERIMETER ROADS 2,690,000 4,000,000 48.70% FY 05:Kennedy Road 01-410-75-00-7102 TREE&STUMP REMOVAL 30,000 30,000 0.00% 01-410-75-00-7103 SIDEWALK CONSTRUCTION 35,000 30,000 -14.29% Sidewalks relating to In Town Road Program FOX HILL SSA EXPENSES 0 18,000 new line item for seasonal maintenance of SSA area TRANSFER TO WATER IMPROVEMENT 0 215,000 In Town Road Program-Proceeds received in Gen Fund,project costs also in Water Imp. TOTAL EXPENSES:STREETS 4,017,182 9,459,954 135.49% Page 8 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 ***Items identified in color are project-specific revenue streams. Expenses also identified in GENERAL FUND the same color. DOLLAR AMOUNT REVISIONS HIGHLIGHTED IN YELLOW Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS HEALTH & SANITATION EXPENSES 01-540-62-00-5442 GARBAGE SERVICES 502,000 565,670 12.68% Increase in monthly charges Currently$14.26(FY 05/06$14.64) 01-540-62-00-5443 LEAF PICKUP 4,000 5,500 37.50% Increase in dumping fees for leaf vacuum TOTAL EXPENSES: HEALTH&SANITATION 506,000 571,170 12.88% TOTAL GENERAL FUND REVENUES 11,218,480 17,958,036 60.08% TOTAL GENERAL FUND EXPENSES 11,218,480 17,958,036 60.08% FUND SURPLUS(DEFICIT) 0 0 Page 9 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 MFT Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget % Change (COMMENTS REVENUES 15-000-40-00-3999 CARRY OVER BALANCE 500,803 475,000 -5.15% Conservative amount of carry over budgeted-will revise after 04/05 audit(Nov) 15-000-40-00-4060 MOTOR FUEL TAX ALLOTMENTS 267,442 268,304 0.32% 15-000-46-00-4600 INVESTMENT INCOME 5,000 5,000 0.00% TOTAL REVENUES: 773,245 748,304 -3.23% Countryside being constructed this FY-Reserve for FY 07/08 Game Farm/Somonauk 15-000-65-00-5800 CONTINGENCY 372,833 145,250 -61.04% Project$500k 15-000-65-00-5818 SALT 37,0001, 51,800' 40.00% 15-000-75-00-7007 !SIGNS 9,700 9,990 2.99% 15-000-75-00-7008 CRACK FILLING 25,000 30,000', 20.00% 15-000-75-00-7107 (CONSTRUCTION ENGINEERING 200,000 150,000 -25.00% Game Farm/Somonauk Engineering 15-000-75-00-7108 Van Emmon St.(Corp. limits to Rt.47) 62,625 0 -100.00%I Project completed in 04/05 15-000-75-00-7110 COLD PATCH 4,000 9,600 140.00% 15-000-75-00-7111 HOT PATCH 7,000 8,000 14.29% 15-000-75-00-7112 FAXON RD ENG/CONSTRUCTION 45,500 1,000 -97.80%'Faxon Road Construction Countryside Parkway Construction 300,000 New line item (dollars were in reserve FY 04/05) 15-000-99-00-9960 TRANSFER TO FOX INDUSTRIAL 9,587 42,664 345.02%',Funds obligated for debt service-will revisit in Nov TOTAL EXPENSES: 773,245' 748,304 -3.23%'. TOTAL FUND REVENUES 773,245 748,304 -3.23% TOTAL FUND EXPENSES 773,245 748,304 -3.23%i FUND SURPLUS(DEFICIT) 0 0 Page 10 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 MUNICIPAL BUILDING Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget % Change COMMENTS REVENUES CARRY OVER 16-000-40-00-3999 CARRY OVER BALANCE 0 45,000 Beecher parking lot will be completed in May of 2005 16-000-42-00-4211 DEVELOPMENT FEES-BUILDING 57,600 105,000 82.29%'700 permits FY 05/06&1200 permits FY 06/07 @$150 Amount decreased because FY 04/05 included emergency generator and carpet for 16-000-49-00-4901 TRANSFER FROM GENERAL FUND 97,000 49,523 -48.95% City Hall TOTAL REVENUES: 154,600 199,523 29.06% 16-000-62-00-5416 MAINT-GENERAL BLDG&GROUNDS 5,000 8,000' 60.00% Increase in overall maintenance 16-000-75-00-7008 ENTRY WAY SIGNS 3,600 3,600 0.00% 16-000-75-00-7200 BLDG IMPROV-BEEHCER/RIVFRNT 13,000 13,000 0.00% water heater repair,HVAC general maintenance,misc building repairs 16-000-75-00-7203 BLDG IMPROVEMENTS-PUBLIC WORKS 9,000 10,000 11.11%!Increase for soffet and facia work on existing building Amount decreased because FY 04/05 included emergency generator and carpet for 16-000-75-00-7204 BLDG MAINT-CITY HALL 73,000 10,000 -86.30% City Hall 16-000-75-00-7205 BLDG IMPROVEMENTS-LIBRARY 4,000 4,000 0.00% 16-000-75-00-7209 BEECHER PARKING LOT 45,000 45,000 0.00% To be completed in May 05. 16-000-75-00-7206 LANDSCAPING-PUBLIC BUILDINGS 2,000 2,000 0.00% 16-000-78-00-9009 RESERVE 0 0 TRANSFER TO DEBT SERVICE 0 103,923 New Line-to fund City Hall Debt Service payment TOTAL EXPENSES: 154,600 199,523 29.06% TOTAL FUND REVENUES 154,600 199,523 29.06% TOTAL FUND EXPENSES 154,600 199,523'', 29.06% FUND SURPLUS(DEFICIT) 0 0 Page 11 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 POLICE CAPITAL Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES 04/05 Per Audit($42,190 Weather Warning Siren)05/06$70k all related to Warning 20-000-40-00-3999 CARRY OVER BALANCE 76,718 70,000 -8.76% Sirens 20-000-42-00-4212 DEV FEES-POLICE 95,000 146,250 53.95%05/06 425 permits @$150+275 permits @$300 20-000-44-00-4402 K-9 DONATIONS 1,700 1,000 -41.18% 20-000-44-00-4403 IN CAR VIDEO DONATIONS 2,000 2,200 10.00%110% increase 20-000-44-00-4404 DONATIONS 500 500 0.00% 20-000-44-00-4405 WEATHER WARNING SIREN 30,000 30,000 0.00% 20-000-44-00-4431 SALE OF POLICE SQUADS 1,000 500 -50.00% 20-000-48-00-4800 LOAN PROCEEDS 62,5001, 0 -100.00% 20-000-49-00-4901 TRANSFER FROM GENERAL FUND 27,000 0 -100.00% TOTAL REVENUES: 296,418 250,450 -15.51% EXPENSES 20-000-65-00-5811 LETHAL/NON-LETHAL WEAPONS 6,500 6,825 5.00% 5%increase 20-000-75-00-7002 K-9 EQUIPMENT 1,700; 1,000 -410.18%-10 .00% No new equipment for 2005/2006 20-000-75-00-7001 EQUIPMENT 39,016 0 20-000-75-00-7006 CAR BUILD OUT 23,360! 26,000 11.30% (1)new vehicle to add to the fleet for 2005/2006, 20-000-75-00-7008 NEW WEATHER WARNING SIRENS 72,190 60,000 -16.89% (3)New Sirens 20-000-75-00-7005 VEHICLES 80,500 74,000 -8.07%1(1)New Squad&(2)Replacement Squads 2005/2006 RESERVE-WEATHER WARNING SIREN 0 40,000 New Line-reserve for next FY 20-000-78-00-9009 RESERVE 0 18,515 20-000-99-00-9965 TRANSFER TO DEBT SERV FUND 73,152 24,110 -67.04%', TOTAL EXPENSES: 296,418, 250,450! -15.51%i TOTAL FUND REVENUES 296,418 250,450 -15.51%, TOTAL FUND EXPENSES 296,418 250,450 -15.51%'' FUND SURPLUS(DEFICIT) 0 0 Page 12 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 PUBLIC WORKS CAPITAL Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget % Change COMMENTS REVENUES 21-000-40-00-3999 CARRY OVER BALANCE 272,054 234,174 -13.92% Carry over estimated based on current'04 balance FY 05:425 permits @$450+275 permits @$700//FY 06:720 21-000-42-00-4213 DEVELOPMENT FEES-PUBLIC WORKS 279,700 383,750 37.20% permits @$450+480 permits @$700 21-000-44-00-4430 SALE OF EQUIPMENT 4,510 32,000 609.53% FY 05:'99 7YD dump w/accessories//FY 06:3 trucks 21-000-49-00-4915 TRANSFER FROM WATER FUND 50,000 50,000 0.00% 21-000-49-00-4920 TRANSFER FROM SEWER FUND 30,000 30,000 0.00% TOTAL REVENUES: 636,264 729,924 14.72% EXPENSES FY 05:7 YD dump$95k,2 pick ups$90k,bucket truck$65k,5 YD dump$80k+$18K Pickup+Engineer Truck(to be paid back thru Eng Capital Fees)//FY 06:2 new pick ups$33k,2 replacement trucks 21-000-75-00-7005 VEHICLES 176,905 375,000 111.98% $95k,new&replacement 5 yd dump truck$185k 21-000-75-00-7015 SKID STEER UPGRADE 3,500 3,500 0.00% 21-000-75-00-7107 TRUCK ACCESSORIES 5,000 14,000 180.00% outfitting more vehicles with tools and supplies 21-000-75-00-7108 1AUGER SYSTEM/SKIDSTEER GRADER 6,300 0 -100.00%,04-05 purchase 21-000-75-00-7120 STREET SWEEPER 150,000 0 -100.00%'04-05 purchase 21-000-75-00-7130 PUBLIC WORKS BLDG ADDITION 90,000 77,424 -13.97% used for salt dome SALT DOME 0 175,000 needed for storage,will be placed at new parks facility 21-000-75-00-7109 ',MOWER 21,000 0 -100.00% 04-05 purchase 1 EQUIPMENT 0 85,000 FY 05: Backhoe$85k 1/FY 06: Trailer$12k+End Loader$150k 21-000-78-00-9009 RESERVE 148,002 0 -100.00% LEAF CHOPPER/VAC 35,557 0 -100.00% 04-05 purchase TOTAL EXPENSES: 636,264 729,924 14.72% TOTAL FUND REVENUES 636,264 729,924, 14.72% TOTAL FUND EXPENSES 636,264, 729,924 14.72% FUND SURPLUS(DEFICIT) 0' 0 Page 13 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 PARKS & RECREATION CAPITAL Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES 22-000-40-00-3999 CARRY OVER 24,624 0 -100.00%. capital and asset replacement projects eliminated during budget meetings with ,department heads and mayor due to budget constraints. 22-000-49-00-4930 TRANSFER FROM GENERAL FUND 36,600, 0 -100.00% -100.00%' 22-000-49-00-4935 TRANSFER FROM LAND CASH 22,000 0 22-000-42-00-4216 PARKS CAPITAL FEE 2,0001 13,750 587.50% FY 05/06 275 permits @$50 SALE OF VEHICLES/EQUIPMENT 0 10,000 22-000-42-00-4218 IL CLEAN ENERGY GRANT 4,149 0 -100.00% TOTAL REVENUES: 89,373 23,750 -73.43% EXPENSES PARKS CAPITAL OUTLAY proposed new and replacement trucks eilminiated during budget meetings due to 22-610-75-00-7006 PICK UP TRUCK 26,861 0 -100.00% overall City budget constraints 22-610-75-00-7007 SOCCER GOALS 12' REPLACEMENT 0 0 22-610-75-00-7008 SOCCER GOALS 9' REPLACEMENT 0 0 scheduled Asset replacement of 2 computers-BR,KF,3 additions with new staff/ 22-610-75-00-7009 COMPUTER WORKSTATIONS 6,825 9,000 31.87% building,additional software upgrades 22-610-75-00-7011 PLAYER BENCHES/UTILITY TRAILER 9,000 0 -100.00% purchased in fy 2005 22-610-75-00-7012 RIVERFRONT PLAYGROUND 4,000 0 -100.00%pushed back to 2006-2007 to comply with Glen Palmer Dam construction Replacements and repairs of large equipment, Additional costs the results of 22-610-75-00-7013 PLAYGROUND REPLACEMENT 2,000 2,500 25.00% additional playgrounds 22-610-75-00-7014 SIGN REPLACEMENTS 3,000 4,000 33.33% proposed scheduled asset replacement&two new mowers eliminated during budget 22-610-75-00-7015 MOWERS 19,857 0 -100.00% meetings due to overall City budget constraints 22-610-75-00-7016 BEECHER PATHWAY 9,480 0 -100.00% completed 2-soccer goals,activity inflatable,preschool shed,carpet,office equipment, 22-610-75-00-7017 RECREATION EQUIPMENT 6,600 6,600 0.00% computer station,desk, 22-610-65-00-5800 RESERVE 1,750 1,650 -5.71% 23,750' -73.43% TOTAL EXPENSES: PARKS 89,373 TOTAL FUND REVENUES 89,373 23,750 -73.43% TOTAL FUND EXPENSES 89,373 23,750 -73.43% FUND SURPLUS(DEFICIT) 0 0 Page 14 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 SEWER IMPROVEMENT Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change ':COMMENTS 37-000-40-00-3999 CARRY OVER BALANCE 9,459,809 3,720,000 -60.68% FY 05/06 Countryside($3.15m), Bruell($570k) 37-000-42-00-4220 CONNECTION FEES 1,071,200 1,260,000 17.63% FY 05/06 700 permits @$1800 37-000-42-00-4221 RIVER CROSSING FEES 20,000 20,000', 0.00% 37-000-48-00-4803 ROB ROY CREEK REVENUE 750,000 10,000,000 1233.33% SOUTHWEST SERVICE AREA INTERCEPTOR 460,000 5,500,000 1095.65% 37-000-49-00-4901 TRANSFER FROM GENERAL FUND 150,000 150,000 0.00% Required for SSES Loan Increase in Fund Balance due to bond proceeds&Project related funding 37-000-46-00-4600 INVESTMENT INCOME 20,000 35,000 75.00% +slight increase in interest rates TOTAL REVENUES: 11,931,009 20,685,000 73.37% EXPENSES 37-000-62-00-5401 CONTRACTUAL/PROFESSIONAL SERVICES 40,000 50,000 25.00%engineering for projects 37-000-62-00-5402 ENGINEERING/LEGAL/CONTINGENCIES-COUNTRYSIDE 800,000 300,000 -62.50% lift station engineering complete 37-000-62-00-5405 ENGINEERING/LEGAL/CONTINGENCIES-BRUELL ST. 500,000 70,000 -86.00% lift station engineering complete 37-000-62-00-5406 ENGINEERING/LEGAL/CONTINGENCIES-HYDRAULIC 666,625 0, -100.00% city portion of project complete 37-000-65-00-5421 GIS SYSTEM 15,000. 10,000 -33.33% phased implementation 37-000-65-00-5800 CONTINGENCY 44,156 86,952 96.92% 37-000-75-00-7502 HYDRAULIC INTERCEPTOR 1,847,778 0 -100.00%',city portion of project complete 37-000-75-00-7503 ''COUNTRYSIDE INTERCEPTOR 2,903,411 2,850,0001 -1.84% current project for this FY 37-000-75-00-7505 ROB ROY CREEK SANITARY 1,750,000 10,000,000 471.43% FY 05/06$3 million will carry to FY 06/07 SOUTHWEST SERVICE AREA INTERCEPTOR 460,000 5,500,000 1095.65% current project for this FY MANHOLE REHAB PROJECT 0 15,000 new project to assist with stopping inflow and infiltration 37-000-75-00-7515 HEARTLAND ONSITE INTERCEPTOR OVER SIZING 600,000 278,893 -53.52% Per agreement 37-000-75-00-7504 BRUELL STREET LIFT STATION 1,435,735 500,000 -65.17% portion of project completed last FY 37-000-75-00-7507 SANITARY JETTER TRUCK 225,000 0 -100.00% purchased last FY SCADA System 0 100,000 Installation for Sewer Facilities 37-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000. 0.00% $150K required for SSES Loan 37-000-99-00-9965 TRANSFER TO DEBT SERVICE 443,304 724,155 63.35% Additional dollars due to debt service increase for last year's projects TOTAL EXPENSES: 11,931,009 20,685,000 73.37% TOTAL FUND REVENUES 11,931,009 20,685,000 73.37% TOTAL FUND EXPENSES 11,931,009 20,685,000 73.37% FUND SURPLUS(DEFICIT) 0 0 Page 15 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 - - -_- FY 2005-2006 WATER IMPROVEMENT Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget % Change COMMENTS REVENUES Carry over primarily due to Radium Compliance(TEPA or bond) 41-000-40-00-3999 CARRY OVER 2,387,243 4,700,000., 96.88% funding in FY 04/05 Based on estimated residential permits(FY 05/06 425 permits @ 41-000-42-00-4220 CONNECTION FEES 1,000,000 1,125,000 12.50%1$800&275 permits @$2,660 SOUTHWEST WATER MAIN PROJECT REVENUE 180,000 2,600,000 1344.44% 41-000-45-00-4530 RADIUM GRANT 950,000 0 -100.00% Increase in Fund Balance due to bond proceeds&Project 41-000-46-00-4600 INVESTMENT INCOME 20,000 35,000 75.00% related funding +slight increase in interest rates _ 41-000-48-00-4801 TEPA LOAN/CONTRACT B PROCEEDS 4,400,000 0 -100.00% 41-000-49-00-4915 TRANSFER FROM WATER FUND 70,000 0 -100.00%' TRANSFER FROM GENERAL FUND 0 215,000 New line-To fund In-Town Road Program TOTAL REVENUES: 9,007,243 8,675,000 -3.69% EXPENSES 41-000-61-00-5300 LEGAL SERVICES 5,000 8,000 60.00% extra services may be needed for projects 41-000-61-00-5301 ENGINEERING-GENERAL SERVICES 7,500 8,000 6.67% increase in engineers rates 41-000-61-00-5400 'RADIUM COMPLIANCE PROJECT/CONTRACT B 3,662,730 3,662,730 0.00% 41-000-61-00-5401 ENGINEERING-RADIUM COMPLIANCE/CONTRACT B 476,155 425,000 -10.74% portion needed for current FY 41-000-61-00-5405 PROFESSIONAL SERVICE RADIUM/CONTRACT B 261,115 250,000 -4.26%;portion needed for current FY 41-000-61-00-5408 '.CENTRAL ZONE-CONTRACT C WATER IMPRV 2,494,752 150,000 -93.99% project nearing completion 41-000-61-00-5410 ENGINEERING-CENTRAL ZONE -CONTRACT C 71,873 20,000 -72.17% project nearing completion 41-000-61-00-5414 CONTRACT D-SCADA SYSTEM 2,500 100,000 3900.00%'New project for this FY 41-000-61-00-5415 USGS GROUNDWATER STUDY 24,490 24,490 0.00% Blackberry Creek flood study USGS GROUNDWATER STUDY COUNTYWIDE 8,260 13,000 57.38% Deep acquifer study USGS GROUNDWATER STUDY SHALLOW WATER 29,750 55,108 85.24% Shallow acquifer study 41-000-65-00-5421 GIS SYSTEM 20,000 10,000 -50.00%50.00phased project 41-000-65-00-5800 CONTINGENCY 33,489 8,353 -75.06% 41-000-75-00-7503 SOUTHWEST WATER PROJECT 180,000 2,600,000 1344.44% new project for this FY -88.02% project nearing completion 41-000-75-00-7504 NORTH WATER TOWER-CONTRACT A 1,085,243 130,000OVERSIZING - KYLYN'S CROSSING 44,000 38,877 -11.64%This is the watermain recapture for Cannonball Estates Sub. 41-000-75-00-7515 JOHNSON STREET WATER MAIN 36,023 0 -100.00% completed WATERMAIN PROJECTS 0 40,000 Orange/Olsen RADIO-READ METER RETRO-FITTING 0 0 Fox/Washington Watermain loop+Heustis Watermain IN TOWN ROAD PROGRAM WATER PROJECTS 0 215,000 Replacement SCADA System 0 420,000 Installation for Water Facilities 41-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 0.00% 41-000-99-00-9965 TRANSFER TO DEBT FUND 364,363 296,442 -18.64% TOTAL EXPENSES: 9,007,243 8,675,000 -3.69% Page 16 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 WATER IMPROVEMENT Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget % Change COMMENTS TOTAL FUND REVENUES 9,007,243 8,675,000 -3.69% TOTAL FUND EXPENSES 9,007,243 8,675,000 -3.69% FUND SURPLUS (DEFICIT) 0 0 Page 17 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4118105 FY 2005-2006 DEBT SERVICE Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET !Budget % Change COMMENTS 42-000-40-00-3999 CARRY OVER 15,540 10,000 -35.65%I 42-000-44-00-4440 RECAPTURE-WATER/SEWER 95,000 100,000 5.26% TRANSFER FROM MUNICIPAL BLDG 0 103,923 New line-to fund City Hall Debt payments 42-000-49-00-4901 TRANSFER FROM GENERAL FUND 9,722 0 -100.00%, 42-000-49-00-4910 TRANSFER FROM POLICE EQUIP CAP 73,152 24,110 -67.04% 42-000-49-00-4925 TRANSFER FROM SANITARY SEWER 443,304 646,213 45.77% FY 05/06$730,232 less 75%of recapture dollars 42-000-49-00-4930 TRANSFER FROM WATER IMPRV FUND 364,363 296,442 -18.64% FY 05/06$258,150 less 24%of recapture dollars TOTAL REVENUES: 1,001,081 1,180,688 17.94% EXPENSES 42-000-66-00-6001 CITY HALL BONDS-PRINCIPAL PMT 50,000' 50,000 0.00% Due 1/1/2022 Munic Bldg 42-000-66-00-6002 CITY HALL BONDS- INTEREST PMT 54,998 53,923 -1.95% Due 1/1/2022 Munic Bldg 42-000-66-00-6003 IRBB-BRUELL STREET INTEREST PYMT 86,715, 85,435 -1.48%IDue 2/1/2023 Sewer Imp. 42-000-66-00-6004 IRBB-BRUELL STREET PRINCIPAL PYMT 80,000 80,000 0.00% Due 2/1/2023 Sewer Imp. 42-000-66-00-6005 NORTH WATER TOWER-INTEREST PYMT 1,017 1,912 88.00% Due 5/1/2021 Water Imp. 42-000-66-00-6006 NORTH WATER TOWER-PRIN PYMT 23,983 23,088 3.73%'Due 5/1/2021 Water Imp. 42-000-66-00-6007 4.8 MILLION DEBT CERT INT PYMT(WATER) 339,363 233,150 -31.30% Due 12/15/2022 Water Imp. COUNTRYSIDE ALT REV PRINCIPAL PYMT 0 120,000 New line(1st principal payment)Due 2018 Sewer Imp. 42-000-66-00-6009 COUNTRYSIDE ALT REV INTEREST PYMT 100,196, 120,638 20.40% Due 2018 Sewer Imp. 42-000-66-00-6010 COM ED/HYDRAULIC DEBT CERT. INT PYMT 35,8951 43,128 20.15% Due 12/30/2014 Sewer Imp. COM ED/HYDRAULIC DEBT CERT. PRINC. 0 135,000 New line(1st principal payment)Due 12/30/2014 Sewer Imp. 42-000-66-00-6050 LOAN PAYMENT-SANITARY SIPHON 38,989, 38,980 -0.02%IDue 1/25/13 Sewer Imp. 42-000-66-00-6054 LOAN PAYMENT-POLICE SQUAD CAR 24,110' 24,110 0.00% Due 7/15/05 Police 42-000-66-00-6055 LOAN PAYMENT-SSES IEPA L17-1153 107,051 107,051 0.00% Due 9/6/19 Sewer Imp. 42-000-66-00-6056 YNB-POLICE/ADMIN CARS 58,764; 0 -100.00%I Final pymt 5/1/04 $650K ROAD IMPROVEMENT PROG INT. 0 14,273 New line -Due 12/30/2012 Water Imp.(due to portion of project H2O related) $650K ROAD IMPROVEMENT PROG PRINC 0 50,000 New line -Due 12/30/2012 Water Imp.(due to portion of project H2O related) TOTAL DEBT SERVICE 1,001,081'' 1,180,688 17.94% TOTAL FUND REVENUES 1,001,081 1,180,688 17.94/0'. TOTAL FUND EXPENSES 1,001,081 1,180,688 17.94% FUND SURPLUS(DEFICIT) 0 0 Page 18 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 WATER OPERATIONS Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES 51-000-40-00-3999 CARRY OVER BALANCE 1,540,418 1,500,000 -2.62%, 51-000-42-00-4240 BULK WATER SALES 9,000 10,000 11.11% Increased use of bulk water-currently at$10(Feb) 51-000-42-00-4241 'WATER SALES 950,000 900,000 -5.26% FY 03/04 was$896k currently at 73%(Feb) 51-000-42-00-4242 WATER METER SALES 130,000 130,000 0.00% 51-000-42-00-4243 LEASE REVENUE-H2O TOWER 21,600 21,600 0.00% currently at$2,700 due to repayment of labor costs from developers for work 51-000-44-00-4490 MISCELLANEOUS INCOME 500 2,000 300.00% provided by city 51-000-46-00-4600 INVESTMENT INCOME 8,000 12,000 50.00% Slight increase in interest rate and fund balance TOTAL REVENUES: 2,659,518 2,575,600 -3.16% EXPENSES FY 05/06 promotion mw Ito mw II +pt ub clerk(July)+mw II(Julie locator)split 51-000-50-00-5107 SALARIES-EMPLOYEE 223,465 264,873 18.53% w/sewer+1/2 receptionist(existing FT position) 51-000-50-00-5136 SALARIES-PART TIME 4,000 8,200 105.00%'2 part time employees from june 1 through sept 51-000-50-00-5137 SALARIES-OVERTIME 27,000 27,000 0.00% 51-000-61-00-5300 LEGAL SERVICES 2,000 2,000 0.00% 51-000-61-00-5303 JULIE SERVICE 6,000 6,800 13.33%increase in permits=increase in JULIE calls 51-000-62-00-5401 CONTRACTUAL SERVICES 4,000 4,500 12.50% increase due to current usage figures 51-000-62-00-5408 MAINTENANCE-EQUIPMENT 10,000 9,000 -10.00% with newer equipment,major repairs are less=decrease in line item 51-000-62-00-5409 MAINTENANCE-VEHICLES 10,000 7,000 -30.00%with newer equipment,major repairs are less=decrease in line item 51-000-62-00-5411 MAINTENANCE-COMPUTERS 4,000 1,000 -75.00% no upgrades or planned maintenance at this time 51-000-62-00-5413 MAINTENANCE-CONTROL SYSTEM 8,000 10,000 25.00% with new well controls on line,mainly for routine maintenance 51-000-62-00-5421 'WEARING APPAREL 5,500 5,500 0.00%. 51-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000 0.00% 51-000-62-00-5435 ELECTRICITY 170,000 170,000 0.00% will have to adjust when treatment plant costs are known 51-000-62-00-5436 TELEPHONE 20,000 22,600 13.00% new hard lines for new booster and wells 51-000-62-00-5438 CELLULAR TELEPHONE 5,500 5,700 3.64% 51-000-64-00-5600 DUES 1,000 1,000 0.00% 51-000-64-00-5603 SUBSCRIPTIONS 250, 250 0.00% 51-000-64-00-5604 TRAINING&CONFERENCES 6,900 3,000 -56.52%Eric National,Joe&Brian State,Department Local,day seminars 51-000-64-00-5605 TRAVEL/MEALS/LODGING 2,000 3,000 50.00% Eric National,Joe&Brian State,Department Local,day seminars 51-000-65-00-5800 CONTINGENCIES 29,276 30,000 2.47% 3%of day to day operating expenses per policy 51-000-65-00-5804 OPERATING SUPPLIES 44,000 46,200 5.00% 51-000-65-00-5808 POSTAGE&SHIPPING 11,700 13,500 15.38% increase proposed by USPS 51-000-65-00-5809 PRINTING&COPYING 5,000 5,500 10.00% due to increase in customers 51-000-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 0.00% 51-000-65-00-5812 GASOLINE 8,700 9,570 10.00% trying to cover the change in the market. May have to re-visit in November 51-000-65-00-5815 HAND TOOLS 1,000 1,000 0.00% 51-000-65-00-5817 GRAVEL 5,000 5,000 0.00% 51-000-65-00-5820 CHEMICALS 27,232 30,000 10.16% unknown until treatment plants are fully operational 51-000-65-00-5821 CATHODIC PROTECTION 2,500 6,250 150.00% additional water towers Page 19 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 WATER OPERATIONS Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS 51-000-65-00-5822 WATER SAMPLES 12,000 12,000 0.00% 51-000-72-00-6500 IMRF PARTICIPANTS 24,606 24,354 -1.02% 51-000-72-00-6501 SOCIAL SECURITY&MEDICARE 19,788 23,515 18.84% Increase due to 2 new hires 51-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 4,000 4,000 0.00% 51-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000 0.00% 51-000-75-00-7506 METER READERS 10,320 5.62%more meters to read,may need additional time 10,900 _ -- - 51-000-75-00-7507 HYDRANT REPLACEMENT 10,000 10,000 0.00% 51-000-75-00-7508 METERS&PARTS 130,000 262,500 101.92%° 1000. meters+5%increase in price 51-000-78-00-9005 REFUND 1,500 1,500 0.00% 51-000-62-00-5407 'TREATMENT FACILITIES 0&M 44,000 150,000 240.91% from EEI memo dated 8/15/03 includes electricity 51-000-62-00-5414 TRUCK LETTERING 1,000 0 -100.00% delete WATER TOWER PAINTING 0 220,000 RESERVE-H2O TOWER MAINT. 21,600 43,200 100.00% 51-000-78-00-9005 MERIT 0 7,318 up to 4%merit as approved 51-000-78-00-9009 RESERVE 1,412,681 853,870 -39.56% Decrease primarily due to water tower painting and O&M for treatment facilities 51-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 200,000 0.00% 51-000-99-00-9930 TRANSFER TO WATER IMPRV FUND 70,000 0 -100.00% 51-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 50,000 50,000 0.00% TOTAL EXPENSES: 2,659,518 2,575,600 -3.16% TOTAL FUND REVENUES 2,659,518, 2,575,600 -3.16% TOTAL FUND EXPENSES 2,659,518 2,575,600 -3.16% FUND SURPLUS(DEFICIT) 0 0 0 Page 20 of 30 vow- UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4118/0.5 FY 2005-2006 SEWER MAINTENANCE Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change 'COMMENTS REVENUES CARRY OVER/FUND BALANCE 478,506 450,000 -5.96%I LIFT STATION INCOME 01 8,000' /New line for MPI lift station income 52-000-42-00-4250 SEWER MAINTENANCE FEES 350,000, 355,000 1.43% 52-000-42-00-4251 'SEWER CONNECTION FEES 96,800 140,000 44.63% FY 05/06 700 permits FY 06/07 1200 permits @$200 52-000-46-00-4600 INVESTMENT INCOME 10,000 15,000 50.00%,Increase due to slight increase in interest rate&fund balance TOTAL REVENUES: 935,306 968,000 3.50% EXPENSES 52-000-50-00-5108 SALARIES-REGULAR 121,072 137,555 13.61% 1/2 julie locator MWII$17,500(May),MW I(Nov)+2.5 existing staff ff 52-000-50-00-5136 PART TIME 5,000 5,000 0.00% 52-000-50-00-5137 SALARIES-OVERTIME 12,000 12,000 0.00% 52-000-62-00-5401 CONTRACTUAL SERVICES 2,000 2,000 0.00% 52-000-62-00-5408 MAINTENANCE-EQUIPMENT 8,500 5,000, -41.18% new equipment has allowed us to decrease this line item 52-000-62-00-5409 MAINTENANCE-VEHICLES 5,000 3,000 -40.00% with newer equipment,allows us to decrease for routine maintenance 52-000-62-00-5419 MAINTENANCE-SANITARY SEWER 19,000 25,000 31.58% combined with operating supplies 52-000-62-00-5421 WEARING APPAREL 4,500 4,500 0.00% 52-000-62-00-5422 LIFT STATION MAINTENANCE 22,000 25,000 13.64% increase number of lift stations,started motor rotation program 52-000-62-00-5434 RENTAL-EQUIPMENT 1,000 1,000 0.00% 52-000-62-00-5435 ELECTRICITY 8,900 16,500 85.39% approx true cost,always in with pumping costs 52-000-62-00-5438 CELLULAR TELEPHONE 2,500 2,500 0.00% 52-000-64-00-5604 TRAINING&CONFERENCES 1,900, 1,500 -21.05% 1 national conference,State Training,local seminars 52-000-64-00-5605 TRAVEL/MEALS/LODGING 0 1,500 Separated from Training 52-000-65-00-5800 CONTINGENCIES 10,000 9,300 -7.00% 3%of day to day operating expenses per policy 52-000-65-00-5802 OFFICE SUPPLIES 2,000 2,000 0.00% 52-000-65-00-5804 OPERATING SUPPLIES 8,000 0 -100.00% combine with maintenance sanitary sewer 52-000-65-00-5805 SHOP SUPPLIES 2,500 2,500 0.00% 52-000-65-00-5812 GASOLINE 9,500 10,500 10.53% increase in costs and number of vehicles 52-000-65-00-5815 HAND TOOLS 1,000 1,000 0.00% 52-000-65-00-5817 GRAVEL 2,000 2,000 0.00% 52-000-65-00-5823 SEWER CHEMICALS 8,000 5,000 -37.50% using new methods that are less expensive but more effective 52-000-72-00-6500 IMRF PARTICIPANTS 13,217 12,475 -5.62% Due to decrease in IMRF rate 52-000-72-00-6501 SOCIAL SECURITY&MEDICARE 10,423 12,106 16.15% Increase due to new hires 52-000-75-00-7002 COMPUTER EQUIP&SOFTWARE 4,000 2,500 -37.50% no new work stations planned 52-000-75-00-7003 OFFICE EQUIPMENT 6,000 6,000 0.00% new work station,2 flat files,and file cabinets 52-000-75-00-7004 SAFETY EQUIPMENT 2,000 2,000 0.00% 52-000-78-00-9005 MERIT 0 3,695 up to 4%merit as approved 52-000-78-00-9009 RESERVE 543,294 554,869 2.13% Reserve for SSES Phase II Analysis 52-000-99-00-9901 TRANSFER TO GENERAL FUND 70,000 70,000 0.00% 52-000-99-00-9950 TRANSFER TO PW EQUIP CAPITAL 30,000 30,000 0.00%' TOTAL EXPENSES: 935,306 968,000 3.50% TOTAL FUND REVENUES 935,306 968,000 3.50% TOTAL FUND EXPENSES 935,306 968,000 3.50% FUND SURPLUS(DEFICIT) 0 0 Page 21 of 30 Now— UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 LAND CASH Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES 72-000-40-00-3999 CARRY OVER/STARTING BALANCE 693,912 650,000 -6.33% 72-000-40-00-4700 LAND CASH-OTHER 354 0 /o 100.00 _ o 72-000-47-00-4701 GREENBRIAR-LAND CASH 5,355 15,498 189.41% 21 duplex @$738 each 72-000-47-00-4705 COUNTRY HILLS-LAND CASH 15,380 30,468 98.10% 2005-28 single fam @$429,24 Duplex @ 769;2006-20 single fam and 10 duplex 72-000-47-00-4707 FOX HIGHLANDS-LAND CASH 3,000 0 -100.00% 72-000-47-00-4708 FOX HIGHLANDS DUPLEX LAND CASH 15,000, 0 -100.00%', 72-000-47-00-4709 ''SUNFLOWER-LAND CASH 15,000 9,025 -39.83% 2005-25 @$361;2006-15 @$361 72-000-47-00-4712 RIVER'S EDGE-LAND CASH 20,130, 26,840 33.33% 2005-40 @$671;2006-20 @$671 72-000-47-00-4716 'WHITE OAK UNIT 3&4-LAND CASH 1,406 0 -100.00% 72-000-47-00-4717 'KYLYN'S CROSSING-LAND CASH 3,000 7,065 135.50% 9 @$785 72-000-47-00-4719 WILDWOOD-LAND CASH 1,000 0 -100.00%. 72-000-47-00-4720 HEARTLAND-LAND CASH 15,000 0 -100.00% 72-000-47-00-4722 KYLN'S RIDGE-LAND CASH 50,000 41,550 -16.90% 2005-50 @$831;2006-10 @$831 72-000-47-00-4723 HEARTLAND CIRCLE-LAND CASH 30,000 75,000 150.00% 2005-75 @$1,000;2006-75@$1,000 72-000-47-00-4724 THE HIGHLANDS-RAINTREE VILLAGE 0 29,000 72-000-47-00-4725 WINDETTE RIDGE-LAND CASH 0 50,000 developer owes per annexiation for tot lot 72-000-47-00-4727 GRAND RESERVE-LAND CASH 100,000 290,000 190.00% Developer is constructing and improving parks+bike trails 72-000-47-00-4731 MONTALBANO HOMES LAND CASH 15,000 10,620 -29.20% 10 townhouses @$1,062 Longford Lakes 17,735 (KimballHill) -29.06%,2005-25 @$709.41;2006-50 @ 709.41 72-000-47-00-4734 WHISPERING' MEADOWS- 25,000 72-000-47-00-4735 PRAIRIE MEADOWS-(Menards Res.) 286,230, 0 -100.00% Caledonia 7,672 2005-10 @ 767.23;2006-45 @ 767.23 2005-30 single fam @ 597.56,30 town homes @ 351.35;2006-50 single fam,and Autumn Creek 314,065 50 town homes PREPAID Corner Stone 41,340 Wynstone Townhomes 24,216 Villas at the Preserve 72,839 2005-1/2 due at final plat;2006-per permit 2005-Cannonball Ridge Park;2006-Whispering Meadows or Heartland Circle+ 72-000-47-00-4700 OSLAD GRANT 74,000 320,000 332.43% Grande Reserve 100k TOTAL CONTRIBUTIONS 1,368,767', 2,032,933 48.52%. EXPENSES 72-000-75-00-7201 RIVERFRONT EQUIP IMPROVEMENT 55,000 0 -100.00% 72-000-75-00-7300 GREENBRIAR 3,000 20,000 566.67% 72-000-75-00-7302 COUNTRY HILLS 125,000 0 -100.00% 72-000-75-00-7304 SUNFLOWER 90,000 145,000 61.11% 72-000-75-00-7307 RIVERS EDGE/Rice Park 150,000 0 -100.00%% Rivers Edge Park#II 10,000 50,000 400.00% 72-000-75-00-7311 CANNONBALL ESTATES/KYLYNS 120,000 229,000 90.83% OSLAD$120k($11K to GF Transfer) 72-000-75-00-7317 HEARTLAND CIRCLE 5,000 6,000 20.00% 72-000-75-00-7324 TOWN SQUARE 10,000 10,000 0.00% Page 22 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18705 FY 2005-2006 LAND CASH Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change 1COMMENTS 72-000-78-00-9009 RESERVE 458,767 419,433 -8.57% FY 05/06($12,500 to GF Transfer) 465,500' 365.50%'FY 05/06 Bike Path$200k($24,500 to GF Transfer) 72-000-75-00-7327 GRANDE RESERVE PARK DEVELOPMENT 100,000'.,. 72-000-75-00-7328 PRAIRIE MEADOWS-(Menards Res.) 5,000 70,000 1300.00% 72-000-75-00-7329 ELSIE LOUISE GILBERT PARK 60,000 0 -100.00% Parks Maintenance Facility 30,000' 500,000 1566.67% Windett Ridge 20,000 65,000 225.00% 72-000-75-00-7330 WHISPERING MEADOWS -(Kimball Hill) 5,000 5,000 0.00% 72-000-99-00-9955 TRANSFER TO PARKS/REC CAP FUND 22,000 0 -100.00% TRANSFER TO GENERAL FUND 0 48,000 To fund 80%of Park Designer 72-000-99-00-9970 TRANSFER TO LAND ACQUISITION 100,000 0 -100.00% TOTAL EXPENSES: 1,368,767 2,032,933 48.52% TOTAL FUND REVENUES 1,368,767 2,032,933 48.52% TOTAL FUND EXPENSES 1,368,767 2,032,933 48.52% FUND SURPLUS (DEFICIT) 0 0 Page 23 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 LAND ACQUISITION Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES 73-000-40-00-3999 CARRY OVER BALANCE 14,078 214,078 1420.66% 73-000-40-00-4930 COLT FUNDING 100,000 0 -100.00% 73-000-49-00-4935 TRANSFER FROM LAND CASH 100,000 0 -100.00% TOTAL REVENUES: 214,078 214,078 0.00% EXPENSES 73-000-65-00-5800 CONTINGENCY 214,078 214,078 0.00% TOTAL EXPENSES: 214,078 214,078 0.00% TOTAL FUND REVENUES 214,078 214,078 0.00% TOTAL FUND EXPENSES 214,078 214,078 0.00% FUND SURPLUS (DEFICIT) 0 0 Page 24 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 PARKS & RECREATION Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES 79-000-40-00-3999 CARRY OVER BALANCE 25,857 0 -100.00% Not currently budgeted-will revise after 04/05 audit(Nov) 79-000-42-00-4270 FEES FOR PROGRAMS 155,125 176,825 13.99%includes farmers market and increased because of additional programs 79-000-42-00-4280 CONCESSIONS 10,000 10,500 5.00% 79-000-42-00-4281 BEECHER BLDG DEPOSIT 3,500 4,500 28.57% This is a variable pending on Beecher availability 79-000-42-00-4282 FARMERS MARKET 1,000 0 -100.00% Combined with program fees/2005$1200;2006$1500 79-000-42-00-4285 VENDING MACHINE INCOME 650 650' 0.00% 79-000-42-00-4286 RENTAL INCOME 3,000 4,000 33.33% 79-000-42-00-4287 RENTAL INCOME(SHELTERS) 600 1,000 66.67% addition of large shelter at riverfront available 79-000-42-00-4288 GOLF OUTING REVENUE 36,251 38,000 4.82% 79-000-44-00-4400 DONATIONS 12,000 15,000 25.00% additional revenue through donations and sponsorships 79-000-44-00-4404 TREE DONATIONS 750 500 -33.33% reduced to be inline with actual participation 79-000-45-00-4550 YOUTH SERVICES GRANT 3,500 2,000 -42.86% Grant amount reduced 79-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 0.00% 79-000-49-00-4901 TRANSFER FROM GENERAL FUND 794,036 928,567 16.94% New staff in FY 2004-05,additional operational and program expenses TOTAL REVENUES: 1,047,769 1,183,042 12.91% PARKS EXPENSES Full year of new hires from 2004-2005,Proposed promotion of Foreman to 79-610-50-00-5107 'SALARIES-EMPLOYEES 272,176 312,678 14.88%Superintendent of Parks level;and one MWII promoted to operator position. 79-610-50-00-5136 SALARIES-PART-TIME 45,000 45,000 0.00% 79-610-50-00-5137 SALARIES-OVERTIME 8,000 8,000 0.00% If new planning tech is hired no external expense,If this is not completed there will 79-610-61-00-5320 MASTER PLAN 10,000 0 -100.00% need to be an addition of$10,000 for Master Plan update. 79-610-62-00-5405 PARK CONTRACTUAL 10,000 12,000 20.00% additional parks-spot weeding,fertilizing,sealcoating 79-610-62-00-5408 MAINTENANCE-EQUIPMENT 5,000 6,000 20.00% additional equipment as a result of new employees in 04-05 79-610-62-00-5417 MAINTENANCE-PARKS 30,000 32,000 6.67% 50 new acres to maintain in 05-06 79-610-62-00-5421 WEARING APPAREL 5,000 8,000 60.00% additional 3 full time employees and seasonal staff and maintenance staff 79-610-62-00-5434 RENTAL-EQUIPMENT 1,500 1,700 13.33% additional needs as a result of new park and public work acreage 79-610-62-00-5438 CELLULAR TELEPHONE 4,000 5,750 43.75% full year impact as a result of 3 new parks employees and equipment replacement reduced due to overall budget constraints of the City as determined during budget 79-610-62-00-5440 LAND DEVELOPER 23,500 10,000 -57.45% review. 79-610-62-00-5445 LEGAL EXPENSES 4,000 10,000 150.00% increase due to park related legal for policy reviews,ordinances,land agreements PARKS EXPENSES 2005-(three new employees)7 for IPRA,2 for NRPA,2 local seminars; increase due to 3 additional staff and 2 staff needing re-certification in Playground safety 79-610-64-00-5602 PROFESSIONAL GROWTH/SUBSCRPT 2,500 4,500 80.00% standards. NRPA congress,Completition of year two for park foremanc for NRPA Management school. Increase as a result of 2 staff for NRPA and 1 staff to 79-610-64-00-5605 TRAVEL EXPENSE 2,000 3,000 50.00% management school.(increase in registration fees for NRPA) 2005-SS NRPA Maintenance Management, Becon Ballfield, Misc tech training, 79-610-64-00-5612 CONTINUING EDUCATION 3,000 4,200 40.00%NRPA Playground certification for 2 staff; 79-610-65-00-5802 OFFICE SUPPLIES 1,000 1,500 50.00% Impact needed to outfit new parks building in 2006 Page 25 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 PARKS & RECREATION Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS 79-610-65-00-5804 OPERATING SUPPLIES 20,000 25,000 25.00% 50 acres of new parks and open space to maintain during FY 05-06 79-610-65-00-5812 ,GASOLINE 2,000 3,500 75.00% increase as a result of gasoline costs 79-610-65-00-5815 HAND TOOLS 2,000 3,000 50.00% Additional staff and responsibility 79-610-65-00-5824 CHRISTMAS DECORATIONS 4,000 7,000 75.00% new and replacement of decorations 79-610-65-00-5825 PUBLIC DECORATION 2,000 3,000 50.00% new and replacement 79-610-72-00-6500 IMRF PARTICIPANTS 26,678 26,702 0.09% 79-610-72-00-6501 SOCIAL SECURITY/MEDICARE 25,000 28,537 14.15% Increase primarily due to full year on 04/05 new hires Additional cost required to outfit new building with desks,tables,chairs,copier, 79-610-75-00-7003 OFFICE EQUIPMENT 27,000 27,000 0.00% computers,work stations,etc. 79-610-75-00-7701 FLOWERS/TREES 5,500. 6,500 18.18%'additional open space and parks to maintain 79-610-78-00-9005 MERIT 0 7,359 up to 4%merit as approved TOTAL EXPENSES: PARKS 540,854 601,927' 11.29% RECREATION EXPENSES New PT Receptionist(Nov 1)position,and promotions for 2 office staff-one to 79-650-50-00-5107 ,EMPLOYEE SALARIES 212,971 260,696 22.41% supervisor and one to general support 79-650-50-00-5150 SALARIES-INSTRUCTOR CONTRACTUAL 80,800 88,000 8.91% full year of preschool instructors costs and additional programs offered 79-650-50-00-5155 SALARIES-RECORDING SECRETARY 3,000 5,000', 66.67%salary adjustment based on clerk's recommendation and full year of meetings 79-650-50-00-5108 CONCESSION STAFF 5,000 3,600 -28.00% elimination of concession stand manager position Concession stand,riverfront building,beecher community center,misc school 79-650-62-00-5408 MAINTENANCE SUPPLIES 6,500 8,000 23.08% cleaning as a result of use,etc 79-650-62-00-5409 MAINTENANCE-VEHICLES 1,000 1,200 20.00% maintenance of two vehicles 79-650-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 5,000 5,500 10.00% additional copier and computer work stations to maintain 79-650-62-00-5426 YOUTH SERVICES GRANT EXPENSES 3,000 2,000 -33.33% available grant amount available reduced 79-650-62-00-5437 TELEPHONE/INTERNET 827 1,400 69.29% VPN,Comcast,office phones $500 per person Approximate-full year of new recreation coordinator and 79-650-62-00-5438 CELLULAR TELEPHONE 3,500 4,500 28.57% preschool coordinator 79-650-62-00-5445 PORTABLE TOILETS 4,000 4,500 12.50% additional sites based on park use and programs 79-650-62-00-5603 PUBLISHING/ADVERTISING 24,000 25,200 5.00% RECREATION EXPENSES 79-650-62-00-5605 BOOKS/PUBLICATIONS 750 750 0.00% 79-650-62-00-5606 BEECHER DEPOSIT REFUND 6,000 4,000' -33.33%. 79-650-64-00-5600 DUES 2,500 2,700 8.00% INCLUDES CONTINUING EDUCATION ALSO SS IPRA-Professional Development School(year 2),6 staff for IPRA State 79-650-64-00-5602 PROFESSIONAL GROWTH/SUBSCRIPT 7,300 7,500 2.74% Conference,2 staff for NRPA,2 local seminars,2 class for MS Management 79-650-64-00-5605 ,TRAVEL EXPENSE 2,000 2,500 25.00% 79-650-65-00-5802 OFFICE SUPPLIES 6,000 6,600 10.00%'increased based on use and additional staff. Increase in cost t of paper 79-650-65-00-5803 PROGRAM EXPENSES 37,810 39,185 3.64% 33.33/o impact as a result of additional staff,full service preschool operations, 79-650-65-00-5804 OPERATING SUPPLIES 3,000' 4,000' ° basketballs,soccer balls,portable bb goals,tball tees,camp equipment,pre 79-650-65-00-5805 RECREATION EQUIPMENT 2,500 3,500 40.00% school equipment,ball cage,tumbing mats,chairs,tables, postage increase from .37 to .41,increase cost for bulk rate of catalog and 79-650-65-00-5808 POSTAGE&SHIPPING 4,000 6,500 62.50% additional quanity distribution to new residents 79-650-65-00-5812 GASOLINE 800 1,600 100.00% impact as a result of gasoline prices Page 26 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 PARKS & RECREATION Proposed 2004-2005 2005-2006 ACCOUNT NUMBER DESCRIPTION BUDGET Budget % Change COMMENTS 79-650-65-00-5826 MILEAGE 750, 750 0.00% 79-650-65-00-5827 GOLF OUTING EXPENSES 19,166 20,000 4.35% 79-650-65-00-5828 'CONCESSIONS 10,500 5,000 -52.38% reduced to be more inline with actual operation 79-650-65-00-5840 SCHOLARSHIPS 1,500 1,500, 0.00%. 79-650-65-00-5841 PROGRAM REFUND 6,500 6,500 0.00% 79-650-72-00-6500 IMRF PARTICIPANTS 19,101 8Increase primarily due to full year on 04/05 new hires 79-650-72-00-6501 SOCIAL SECURITY/MEDICARE 24,132 13. 9% 21,500 21, 341 79-650-75-00-7002 COMPUTER EQUIP&SOFTWARE 5,640 6,500, 15.25%Computer software upgrades,computer repairs,maintenance,tech support 79-650-78-00-9005 r MERIT 0 6,549' up to 4%merit as approved TOTAL EXPENSES: RECREATION 506,915 581,115 14.64% TOTAL FUND REVENUES 1,047,769 1,183,042' 12.91% TOTAL FUND EXPENSES 1,047,769 1,183,042 12.91% FUND SURPLUS(DEFICIT) 0 0 Page 27 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 LIBRARY Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS REVENUES Approved budget through Library Board 82-000-40-00-3999 CARRY OVER 72,847 75,916 4.21% 82-000-40-00-3996 CARRY OVER-BOOK DEV FEES 57,646 57,736 0.16% 82-000-40-00-3997 CARRY OVER-BLDG DEV FEES 30,445 31,695 4.11% 82-000-40-00-3998 CARRY OVER-MEMORIALS 5,362 5,362 0.00% 82-000-40-00-4015 TRANSFER FROM GENERAL FUND 26,249 31,500 20.00% 82-000-40-00-4000 REAL ESTATE TAXES 301,915 370,500 22.72% 82-000-40-00-4010 PERSONAL PROPERTY TAX 2,500 2,500 0.00% 82-000-42-00-4211 DEVELOPMENT FEES-BUILDING 67,000 121,875 81.90% 82-000-42-00-4215 DEVELOPMENT FEES-BOOKS 67,000 121,875 81.90% 82-000-42-00-4260 COPY FEES 900 900 0.00% 82-000-42-00-4261 LIBRARY SUBSCRIPTION CARDS 8,000 8,000 0.00% 82-000-42-00-4286 RENTAL INCOME 1,000 1,000 0.00% 82-000-43-00-4330 LIBRARY FINES 3,000 3,000 0.00% 82-000-44-00-4432 SALE OF BOOKS 500 500 0.00% 82-000-44-00-4450 MEMORIALS 1,500 1,000 -33.33% GRANTS 0 1,000 New Line item 82-000-45-00-4560 LIBRARY PER CAPITA GRANT 7,700 7,700 0.00% 82-000-46-00-4600 INVESTMENT INCOME 1,500 1,500 0.00% 82-000-46-00-4601 INVESTMENT INCOME-BLDG 1,250 1,250 0.00% TOTAL REVENUES: 656,314 844,809 28.72% EXPENSES 82-000-50-00-5107 SALARIES-EMPLOYEES 200,000 300,000 50.00% 82-000-50-00-5203 GROUP HEALTH INSURANCE 45,000 45,000 0.00% 82-000-50-00-5204 GROUP LIFE INSURANCE 1,500 1,500 0.00% 82-000-50-00-5205 DENTAL&VISION ASSISTANCE 4,000 4,000 0.00% 82-000-61-00-5322 BONDING 2,000 2,000 0.00% 82-000-61-00-5323 ATTORNEY 3,000 2,000 -33.33% 82-000-62-00-5401 CONTRACT SERVICES 3,000 3,000 0.00% 82-000-62-00-5407 MAINTENANCE-BLDG/JANITORIAL 5,000 5,000 0.00% 82-000-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 3,000 3,000 0.00% 82-000-62-00-5412 MAINTENANCE-PHOTOCOPIER 1,000 500 -50.00% 82-000-62-00-5435 ELECTRICITY 2,500 2,500 0.00% 82-000-62-00-5436 TELEPHONE 1,700 1,700 0.00%'. 82-000-64-00-5603 SUBSCRIPTIONS 4,000 4,000 0.00% 82-000-64-00-5604 TRAINING&CONFERENCES 1,500 1,500 0.00% 82-000-64-00-5607 PUBLIC RELATIONS 1,000 1,000 0.00% 82-000-64-00-5616 EMPLOYEE RECOGNITION 2,000 2,000 0.00% 82-000-65-00-5800 CONTINGENCIES 12,411 14,616 17.77% Includes 3%of operating expenses per policy 82-000-65-00-5806 LIBRARY SUPPLIES 8,000 8,000 0.00% 82-000-65-00-5807 CUSTODIAL SUPPLIES 6,000 6,000 0.00% Page 28 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 LIBRARY Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget % Change COMMENTS 82-000-65-00-5802 OFFICE SUPPLIES 0 3,000 New line item 82-000-65-00-5808 POSTAGE&SHIPPING 1,000 1,000 0.00% 82-000-65-00-5810 PUBLISHING&ADVERTISING 1,000 1,000 0.00% 82-000-65-00-5826 MILEAGE 1,000 1,000 0.00% 82-000-65-00-5832 VIDEOS 5,500 5,000 -9.09% 82-000-65-00-5833 ALARM MONITORING 1,000, 1,000, 0.00% 82-000-65-00-5834 ;LIBRARY PROGRAMMING 10,000 9,500 -5.00°l0. 82-000-65-00-5835 LIBRARY BOARD EXPENSES 1,000 500' -50.00% 82-000-65-00-5836 BOOKS-ADULT 11,000 9,000' -18.18% 82-000-65-00-5837 BOOKS-JUVENILE 11,000 9,000 -18.18% 82-000-65-00-5838 BOOKS-AUDIO 11,000 9,000 -18.18% 82-000-65-00-5839 BOOKS-REFERENCE 12,000 9,000 -25.00% 82-000-65-00-5840 BOOKS-DEVELOPMENT FEE 124,646 179,611 44.10% 82-000-65-00-5841 MEMORIALS/GIFTS 6,862 6,362 -7.29% 82-000-65-00-5842 BLDG-DEVELOPMENT FEES 98,695 153,570 55.60% 82-000-72-00-6500 IMRF PARTICIPANTS 9,000 9,000 0.00% 82-000-72-00-6501 SOCIAL SECURITY/MEDICARE 15,000 22,950 53.00%. 82-000-75-00-7003 AUTOMATION 30,000 8,000 -73.33% TOTAL EXPENSES: 656,314 844,809, 28.72%, TOTAL FUND REVENUES 656,314 844,809 28.72% TOTAL FUND EXPENSES 656,314 844,809 28.72% FUND SURPLUS(DEFICIT) 0 0 Page 29 of 30 UNITED CITY OF YORKVILLE PROPOSED BUDGET DRAFT 4/18/05 FY 2005-2006 FOX INDUSTRIAL Proposed ACCOUNT 2004-2005 2005-2006 NUMBER DESCRIPTION BUDGET Budget %Change COMMENTS _ REVENUES 85-000-40-00-3999 CARRY OVER BALANCE 34,852 0 -100.00% Not currently budgeted-will revise after 04/05 audit(Nov) 85-000-40-00-4090 TIF REVENUES 34,068 34,000 -0.20% 85-000-46-00-4600 INVESTMENT INCOME 1,000 1,000 0.00% 85-000-49-00-4905 TRANSFER FROM MFT FUND 9,587 42,664 345.02% To cover costs of debt service should TIF revenues remain constant-will revisit in Nov TOTAL REVENUES: 79,507 77,664 -2.32% EXPENSES 85-000-66-00-6021 FOX IND BOND-PRINCIPAL PMT 55,000 55,000 0.00% Due 12/1/2012 85-000-66-00-6022 ,FOX IND BOND-INT PAYMENT 24,293 22,450 -7.59% Due 12/1/2012 85-000-78-00-9007 'ADMINISTRATION FEES 214 214 0.00% 85-000-78-00-9010 'RESERVE-FUTURE BOND PYMT 0 0 TOTAL EXPENSES: 79,507 77,664 -2.32% TOTAL FUND REVENUES 79,507 77,664 -2.32%' TOTAL FUND EXPENSES 79,507 77,664 -2.32% FUND SURPLUS(DEFICIT) 0 0 Page 30 of 30