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Committee of the Whole Packet 2005 08-02-05 ,0c:1 ir o United City of Yorkville *1` 800 Game Farm Road EST. - �1836 Yorkville, Illinois 60560p Telephone: 630-553-4350 � � Ltucs: p Fax: 630-553-7575 AGENDA COMMITTEE OF THE WHOLE Tuesday, August 2, 2005 7:00 p.m. City Conference Room Public Hearing: None Presentations: 1. PC 2005-23 White Pines Concept Plan - Plan Comm 7/13/05 2. PC 2005-32 York Wood Estates (Anderson Farm) Concept Plan - Plan Comm 7/13/05 3. PC 2005-33 Chally Farm Concept Plan - Plan Comm 7/13/05 Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. Police Reports for June 2005 - PS 7/14/05 Mayor: 1. Coffee with the Mayor - August 6th at the Farmers Market, Town Square Park from 9:00 - 11:00 a.m. City Attorney: 1. Right to First Refusal for 20 Acres - Route 34 Between Countryside Parkway & Bristol Ridge Road - COW 7/19/05 Economic Development Committee: 1. PC 2005-02 Lee Farm - Annex Agreement & Preliminary PUD Plan - CC pub hearing 6/28/05 2. PC 2005-28 Woodlands, Inc. - Annex & Zoning of 4.5 acre Commercial Site - EDC 7/21/05 Page 2 Committee of the Whole August 2, 2005 Economic Development Committee (con't): 3. PC 2005-29 YBSD - Annex & Zoning of 20.375 acres Adjacent to Facility - EDC 7/21/05 4. PC 2005-22 Prestwick of Yorkville - Preliminary Plan - EDC 7/21/05 5. PC 2005-25 Westbury Village POD 6 - Final Plat - EDC 7/21/05 6. PC 2005-31 Peaceful Pathways Montessori - 1 1/2 Mile Review - EDC 7/21/05 7. PC 2005-30 Ocean Atlantic - Rosenwinkel Property - Amendment to Annexation Agreement - EDC 7/21/05 8. Fox Hill Economic Incentive Agreement - EDC 7/21/05 9. PC 2005-04 Lincoln Prairie Yorkville - Special Use Request - EDC 7/21/05 10. Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process - EDC 7/21/05 Park Board: 1. No Report. Public Works Committee: 1. No Report. Public Safety Committee: 1. 2004 Year End Analysis Report - PS 7/14/05 2. False Alarm Ordinance - PS 7/14/05 3. On Street/Overnight Parking Restrictions - CC 7/26/05 a. Prohibition on Overnight and Certain Commercial Parking b. Fox Hill Park East & West—No parking on specific streets Administration Committee: 1. No Report. Page 3 Committee of the Whole August 2, 2005 City Council Requests: 1. Eminent Domain Powers - COW 7/19/05 Human Resource Commission: 1. Salvation Army Golden Diner's Sponsorship Request - HRC 7/20/05 Executive Session: 1. Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Additional Business: WHITE PINE FARMS TANGLEWOOD DEVELOPMENT Neighborhood Planning Area #1 North — route 30 South — Burlington Railroad West - Eldamain Road East— Route 47 Current Parks Proposed Parks — Caledonia - 8-9 acre parcel, Westbury 5.0 acre, 3.8 acre and 3.2 regional trail Runge Property/ Bailey Meadows - 5.3 Park Del Webb community/ Trail along the Rob Roy creek and in the single family area requesting a 5-7 acre park located adjacent to Bailey Meadows creating a large regional park (10-1 2 acres) Estimate Future Population — 11,200 Approximately Land Area — 4,139 acres 460 units proposed with 20 acres of commercial. This is a future phase to the west of 67 acres. Park Board recommendation 7/25/05 Include an off street parking area (angle parking could be in the parkway area). Developer to install — might want to consider a wider street in this location. Park board is recommending 50% land and 50% cash. The proposed Park site and acreage is acceptable. Developer will install trails for 100% credit of the acreage. The developer needs to look at the distance from the back of lots to the trail location. There are some areas where this is to close. Need to keep clear separation of HOA property and City dedicated property and trails. Do not have HOA on both side of trails with trails running through the middle. This would be hard for maintenance purposes. Developer should also look at the trail connection along Galena road to connect properties to the south. Balance of land cash obligation to be paid as cash with 50% due at the time of final plat and 50% with build permits. Discussion items Is there a need for an 8 acre park. The regional park in Bailey Meadows and Del Webb Community will be 10-12 acres on the east end of Del Webb single family. Would a 4-6 acre park be enough to serve this sub division? 2. Regional trail connection is good. Detention areas will be owned by HOA we are only interested in a 20' corridor. Who will install? 3. do you want the trail to connect to the commercial area? 4. the additional green areas in the and surrounding the homes —what will that be used for? Will this development have an amenity center? 5. indicate the trail connection on the northeast road connection. If it is in place of sidewalk please indicate this. 6. What is the land cash obligation and balance? STAFF REVIEW AND PARK BOARD COMMENTS NEW DEVELOPER—YORK WOOD ESTATES (FORMERLY KNOWN AS ANDERSON FARM) Wyndham Deerpoint— Park Board Meeting 7/25/05 Developer is proposing 193 lots Previously this property extended north of route 71. This is now the Chally development. Land cash obligation is approximately 7 acres Developer is proposing a 4 acre park The fen is immediately adjacent to the park location. Park Board is willing to consider accepting the 4 acre park and the regional trail. There would be 50% for the amount of land for the regional trail, unless the developer installs, then there would be 100% credit for the land. If this is in place of sidewalk — no credit The trail needs to connect to the Chally development. Would like the developer to talk with the Forest Preserve District about interest in the fen. If the Forest Preserve District is not interested in this area, then clear management practices and guidelines will need to be incorporated in the HOA charter to protect this area. Park Board Meeting 11/22/04 Comments and Recommendations Anderson Farms (conceptual design) Kimball Hill Homes Location — South of Fox River, west of Route 47 and E High Point Road. Route 71 intersects this development Parks and Open Space Master Plan — Planning Area #10 Other subdivision and parks in this area include - NONE Land Cash Requirement /Obligation is Approximately 15.75 acres The Park Board is recommending the developer to have discussion with the Kendall County Forest Preserve regarding the management of the Fen that is located on the property. There was some concerns regarding the management and upkeep of this area with the proposed HOA. If the Forest Preserve District is not interested in this area, then clear management practices and guidelines will need to be incorporated in the HOA charter to protect this area. The Park Board is recommending a 4-6 acre active park area which would be usable space for a playground and ballfield / athletic field area to be located on the property south of Route 71. The area north of Route 71 would be serviced through the proposed Challey Farms park site. In addition the park board is recommending a trail system (20' corridor) through the wooded area if possible to connect to the Challey trail system to the north. The trail system should connect both sites of the Anderson Farms property (north and south of route 71). Where the trail is in place of side walks there is no land cash credit. In all other areas the Park Board is recommending 50% credit for the land dedicated for the 20' trail corridor. If the developer agrees to install the trail according to Park Development standards, they would receive 100% credit for the land where the trail is (not including where the trail is in place of sidewalks —this is considered equal trade). The balance of land cash is to be paid at the time of final plat. The developer expressed interest in installation of the playground / park area. The Park Board is agreeable to the arrangement if a dollar amount is identified and all designs and construction documentation is approved through the park board. DISCUSSION ITEMS The developer is proposing 15 acre park /tree preservation area. The estimated housing units is 420 single family. 1. What is the desired park size for this development? We also have Challey and Aspen Ridge Estates that connects to this Development to the north. Service area for the neighborhood Park is 1/2 mile. 2. Are there any schools located on or near this property? 3. We want to consider a trail system through this property and the adjoining properties to the north. This would provide a region access to Fox Road Trail system and Hoover Outdoor education Center. We also want some trail connection to the west that would allow us to tie into the Eldamain Road regional trail 4. What is the proposed grade for the park site? Is all of this site high and dry? Has a tree inventory been completed to identify the value of the tree preservation area? 5. Is any of the park area clear cut? If so how many acres of usable land? (4-6 acres would be desirable for a neighborhood park. 6. What areas are Home Owners Association? 7. Balance of land cash requirement (cash contribution) would be paid in full at the time of final plat. 8. Park land would be accepted according to the Park Development Standards. I rc ` tf Ic IEr ( STAFF REVIEW AND PARK BOARD COMMENTS Chally Farm (conceptual design) Wyndham Deerpoint Location — South of Fox River, west of Route 47 and Southwest corner of Pavilion and US Route 71 Parks and Open Space Master Plan — Planning Area #7 Other subdivision and parks in this area include — Price Park, Rice Park, Sunflower Park, Gilbert Park and Hoover Outdoor Education Center. However none are within this service area. Land Cash Requirement /Obligation is Approximately - 5.4 acres 07/25/05 —concept Plan (Wyndham Deerpoint) / Park Board Meeting Developer is proposing 234 units 2.6 acre park on the west side of the development This property now extends to the north side of Route 71. Park Board Recommendations Land cash obligation with the changes in the development is approximately 8-9 acres. Indicate trail connections between Aspen Ridge and York Woods Estates developments. 4 acre park tree lined, with 1.5 acres of usable space. In addition the developer is conveying approximately 2.5 of dry detention area that will be designed with drain system to allow for this to be used as park space. No land cash credit for the dry detention basin. Land cash credit will be the 1.5 acres park site, and the acreage for the trail connections as 50%, unless the developer installs the trails. The balance of land cash will be paid in cash — 50% at the time of final plat and the remainder with building permits. Comments What has changed from the previous plan? Would like to see trails through the development connecting to the properties north and south and to the park site and commercial properties. Where the trails are in lue of sidewalks — no credit. Indicate the land cash obligation Indicate where there is HOA property —who will maintain ponds? Is their a school site planned nearby? Park Board Meeting 11/22/04 Comments and Recommendations Park Board is recommending a 2 acre park located on the west side of the property so the park can be enlarged as the adjoining property is developed in conjunction with the proposed school location. In addition the developer will locate a dry detention basin adjoining the 2 acre park for no land cash credit. The Park Board would also like a trail system to connect to the north and south properties (Aspen Ridge Estates and Anderson Farms). Where the trail is in place of side walks there is no land cash credit. In all other areas the Park Board is recommending 50% credit for the land dedicated for the 20' trail corridor. If the developer agrees to install the trail according to Park Development standards, they would receive 100% credit for the land where the trail is (not including where the trail is in place of sidewalks —this is considered equal trade). The balance of the land cash obligation is to be paid in full / cash at the time of final plat. DISCUSSION ITEMS The developer is proposing 5.2 acre park land with 4 parks. The estimated housing units is 144 single family. 1. What is the desired park size for this development? We also have Anderson and Aspen Ridge Estates that connects to this Development to the north and south. Service area for the neighborhood Park is '/2 mile. 2. Are there any schools located on or near this property? 3. We want to consider a trail system through this property and the adjoining properties to the north and south. This would provide a region access to Fox Road Trail system and Hoover Outdoor education Center. We also want some trail connection to the west that would allow us to tie into the Eldamain Road regional trail 4. Do we need 4 separate parks for this subdivision? Would this be better served with a centralized park location. Is all of this site high and dry? Has a tree inventory been completed to identify the value of the tree preservation area? 5. What areas are Home Owners Association? 6. Balance of land cash requirement (cash contribution) would be paid in full at the time of final plat. 7. Park land would be accepted according to the Park Development Standards. 8. Is all the park land proposed high and dry outside of the 100 year flood plain. TATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 1 'IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATC AURORA AREA TOURISM COUNCIL 063005-ALL 07/22/05 01 ADMIN - JUNE 2005 ALL SEASONS 01-110-65-00-5844 08/09/05 74.70 MARKETING - HOTEL TAX 02 HOTEL TAX - 90'% PAYOUT ** COMMENT ** INVOICE TOTAL: 74.70 063005-SUPER8 06/30/05 01 ADMIN - JUNE 2005 SUPERB MOTEL 01-110-65-00-5844 08/09/05 1,408.03 MARKETING - HOTEL TAX 02 HOTEL TAX- 90% PAYOUT ** COMMENT ** INVOICE TOTAL: 1,408.03 VENDOR TOTAL: 1,482.73 ACTION ACTION GRAPHIX LTD 711 06/28/05 01 WATER OP-CUSTOM BANNERS FOR 51-000-65-00-5804 00202684 08/09/05 1,712.00 OPERATING SUPPLIES 02 SPRINKLING BAN ** COMMENT ** INVOICE TOTAL: 1,712.00 VENDOR TOTAL: 1,712.00 AMOCO BP AMOCO OIL COMPANY 5902007656507 07/08/05 01 PD-MONTHLY GAS CHARGES 01-210-65-00-5812 08/09/05 3,737.01 GASOLINE INVOICE TOTAL: 3,737.01 VENDOR TOTAL: 3,737.01 APWAIPSI APWA-IL PUBLIC SERVICE INST. 091005 07/27/05 01 WATER OP-OCTOBER CONFERENCE 51-000-64-00-5604 08/09/05 650.00 TRAINING & CONFERENCES 02 REGISTRATION FOR ONE EMPLOYEE ** COMMENT ** INVOICE TOTAL: 650.00 VENDOR TOTAL: 650.00 AROLAB ARRO LABORATORY, INC. P1 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 2 'IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 1ROLAB ARRO LABORATORY, INC. 34196 06/27/05 01 WATER OP - 25 SAMPLES 51-000-65-00-5822 00202725 08/09/05 250.00 WATER SAMPLES INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 kURBLA AURORA BLACKTOP 072505-EEI 07/25/05 01 ADMIN-BRISTOL RIDGE ROAD 01-410-75-00-7099 08/09/05 182,085.90 GRANDE RESERVE PERIMETER R 02 CONSTRUCTION, PAYMENT NO. 6 ** COMMENT ** INVOICE TOTAL: 182,085.90 VENDOR TOTAL: 182,085.90 4URORAA AURORA AREA CONVENTION 07180503 07/25/05 01 ADMIN-AURORA AREA CONVENTION 01-110-64-00-5607 08/09/05 35.00 PUBLIC RELATIONS 02 & VISITORS BUREAU ANNUAL ** COMMENT ** 03 MEETING ** COMMENT ** INVOICE TOTAL: 35.00 VENDOR TOTAL: 35.00 BANKONE CARDMEMBER SERVICES 070905A 07/09/05 01 PD-MEALS 01-210-64-00-5605 08/09/05 22.04 TRAVEL EXPENSES INVOICE TOTAL: 22.04 VENDOR TOTAL: 22.04 BATTM BATTERSON, MOLLY 070705 07/07/05 01 PD-ONLINE PURCHASES FOR 01-210-65-00-5804 00303050 08/09/05 171.92 OPERATING SUPPLIES 02 MILITARY PICTURE FRAMES ** COMMENT ** INVOICE TOTAL: 171.92 VENDOR TOTAL: 171.92 P2 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 3 'IME: 09:58:24 DETAIL BOARD REPORT AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 3CBS BLUE CROSS BLUE SHIELD 071505 07/15/05 01 ADMIN- MONTHLY CHARGES 01-110-50-00-5203 08/09/05 64,647.65 BENEFITS - HEALTH INSURANC INVOICE TOTAL: 64,647.65 VENDOR TOTAL: 64,647.65 ARGIL CARGILL, INC 1359168 06/29/05 01 WATER OP - SALT 51-000-65-00-5820 00202722 08/09/05 1,388.53 CHEMICALS INVOICE TOTAL: 1,388.53 1359872 06/30/05 01 WATER OP - SALT 51-000-65-00-5820 00202722 08/09/05 1,407.48 CHEMICALS INVOICE TOTAL: 1,407.48 VENDOR TOTAL: 2,796.01 :DWG CDW GOVERNMENT INC. SZ04409 07/06/05 01 POLICE - COMP EQUIP & SOFTWARE 01-210-75-00-7002 00303039 08/09/05 1,138.44 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 1,138.44 SZ12522 07/07/05 01 POLICE - XP PROFESSIONALS, 01-210-75-00-7002 00303039 08/09/05 50.00 COMPUTER EQUIP & SOFTWARE 02 MS OFFICE 2003 MEDIA KIT ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 1,188.44 CENLIME CENTRAL LIMESTONE COMPANY, INC 3108 06/30/05 01 STREETS - CM-16 AG LIMESTONE 01-410-65-00-5817 00202691 08/09/05 172.02 GRAVEL INVOICE TOTAL: 172.02 VENDOR TOTAL: 172 .02 P3 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 4 LIME: 09:58:24 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM IENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 7INTAS CINTAS FIRST AID & SAFETY 0343289620 07/11/05 01 WATER OP - REFILL MEDICINE 51-000-75-00-7004 00202698 08/09/05 87.45 SAFETY EQUIPMENT 02 CABINET ** COMMENT ** INVOICE TOTAL: 87.45 VENDOR TOTAL: 87.45 CIVIL CIVIL & ENVIRONMENTAL 13667 07/13/05 01 WATER IMPROV-USGS SHALLOW 41-000-61-00-5417 08/09/05 1,272.50 USGS GROUNDWATER SHALLOW W 02 GROUND WATER STUDY 5/22-6/18 ** COMMENT ** INVOICE TOTAL: 1,272.50 VENDOR TOTAL: 1,272.50 COMDIR COMMUNICATIONS DIRECT INC 78124 07/12/05 01 PD-2 RADIO BATTERIES, SHIPPING 01-210-62-00-5408 00303051 08/09/05 146.00 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 146.00 78258 07/12/05 01 PD-RADIO BATTERY, SHIPPING 01-210-62-00-5408 00303052 08/09/05 69.00 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 69.00 VENDOR TOTAL: 215.00 COMED COMMONWEALTH EDISON 00510481160605 06/28/05 01 STREETS-SPRING ST LITE 01-410-62-00-5435 00202702 08/09/05 2.34 ELECTRICITY INVOICE TOTAL: 2.34 0603137051-0705 07/01/05 01 WATER OP-CANNONBALL TRAIL PUMP 51-000-62-00-5435 00202702 08/09/05 542.22 ELECTRICITY INVOICE TOTAL: 542.22 P4 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 5 IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :OWED COMMONWEALTH EDISON 06620760020605 06/29/05 01 STREETS -CITY STREET LIGHTS 01-410-62-00-5435 00202702 08/09/05 1,799.69 ELECTRICITY INVOICE TOTAL: 1,799.69 1151159019-0705 07/05/05 01 WATER OP-N. BRIDGE STREET, 51-000-62-00-5435 00202702 08/09/05 27.78 ELECTRICITY 02 WATER STORAGE TANK ** COMMENT ** INVOICE TOTAL: 27.78 12420450130605 07/29/05 01 SEWER OP - 2921 BRISTOL RIDGE 52-000-62-00-5435 00202702 08/09/05 828.86 ELECTRICITY INVOICE TOTAL: 828.86 1263138095-0705 07/01/05 01 WATER OP-DEEP WELL NO. 8, MILL 51-000-62-00-5435 00202702 08/09/05 965.56 ELECTRICITY 02 RD ** COMMENT ** INVOICE TOTAL: 965.56 1491138036-0605 06/28/05 01 WATER OP-RAINTREE ROAD PUMP 51-000-62-00-5435 00202702 08/09/05 97.89 ELECTRICITY INVOICE TOTAL: 97.89 18870360180605 06/30/05 01 STREETS-CONCESSION STAND 01-410-62-00-5435 00202702 08/09/05 268.07 ELECTRICITY INVOICE TOTAL: 268.07 2808132114-0705 07/01/05 01 STREETS-COUNTRYSIDE PARKWAY 01-410-62-00-5435 00202702 08/09/05 145.03 ELECTRICITY 02 LIGHT ** COMMENT ** INVOICE TOTAL: 145.03 4384087043-0705 07/01/05 01 SEWER OP - 2804 CRANSTON 52-000-62-00-5435 00202702 08/09/05 21.11 ELECTRICITY INVOICE TOTAL: 21.11 P5 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 6 'IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM /ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :OMED COMMONWEALTH EDISON 4893044029-0705 07/05/05 01 SEWER OP - 1064 WHITE PLAINS 52-000-62-00-5435 00202702 08/09/05 66.55 ELECTRICITY 02 LIFT STATION ** COMMENT ** INVOICE TOTAL: 66.55 50310440280605 06/30/05 01 WATER OP-DEEP WELL #7 51-000-62-00-5435 00202702 08/09/05 8.02 ELECTRICITY INVOICE TOTAL: 8.02 52430280290605 06/30/05 01 SEWER OP-276 WINDHAM CIRCLE 52-000-62-00-5435 00202702 08/09/05 174.19 ELECTRICITY 02 LIFT STATION ** COMMENT ** INVOICE TOTAL: 174.19 5601054009-0705 07/01/05 01 STREETS-MCHUGH ROAD LIGHT 01-410-62-00-5435 00202702 08/09/05 83.57 ELECTRICITY INVOICE TOTAL: 83.57 69330260810605 06/30/05 01 STREETS-COUNTRYSIDE PARKWAY 01-410-62-00-5435 00202702 08/09/05 189.13 ELECTRICITY 02 LIGHT ** COMMENT ** INVOICE TOTAL: 189.13 70267110050605 06/30/05 01 STREETS-133 E. HYDRAULIC ST 01-410-62-00-5435 00202702 08/09/05 154.60 ELECTRICITY 02 YORKVILLE ** COMMENT ** INVOICE TOTAL: 154.60 93270720140605 06/30/05 01 STREETS-BEECHER COMMUNITY 01-410-62-00-5435 00202702 08/09/05 15.04 ELECTRICITY 02 PARK ** COMMENT ** INVOICE TOTAL: 15.04 VENDOR TOTAL: 5,389.65 DENVIS DENTAL VISION REIMBURSEMENT P6 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 7 'IME: 09:58:24 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT )ENVIS DENTAL VISION REIMBURSEMENT 070105 07/01/05 01 ADMIN-DENTAL ASSISTANCE 01-110-50-00-5205 08/09/05 100.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 100.00 070705 07/07/05 01 ADMIN - DENTAL ASSISTANCE 01-110-50-00-5205 08/09/05 60.40 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 60.40 VENDOR TOTAL: 160.40 )EUCLER DEUCHLER, WALTER E. ASSOC. 12345 06/30/05 01 SEWER OP-COUNTRYSIDE 37-000-62-00-5402 08/09/05 6,002.50 ENG/LGL/CONTINGNCY-COUNTRY 02 INTERCEPTOR & P.S. ENGINEERING ** COMMENT ** 03 SERVICES ** COMMENT ** INVOICE TOTAL: 6,002.50 12346 06/30/05 01 SEWER IMPROV - BRUELL PUMP 37-000-62-00-5405 08/09/05 19, 117.53 ENG/LGL/CONTINGENCY-BRUELL 02 STATION FORCEMAIN ** COMMENT ** INVOICE TOTAL: 19,117.53 12347 06/30/05 01 SEWER IMPROV - SOUTHWEST & 37-000-75-00-7506 08/09/05 7, 125.00 SOUTHWEST SVC AREA INTERCE 02 PAVILLION RD. INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 7,125.00 12348 06/30/05 01 SEWER IMPROV - ROB ROY CREEK 37-000-75-00-7505 08/09/05 9,750.00 ROB ROY CREEK SANITARY 02 INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 9,750.00 12349 06/30/05 01 SEWER IMPROV - ROB ROY CREEK 37-000-75-00-7505 08/09/05 18,685.82 ROB ROY CREEK SANITARY P7 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 8 CIME: 09:58:24 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM /ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT )EUCLER DEUCHLER, WALTER E. ASSOC. 12349 06/30/05 02 INTERCEPTOR ** COMMENT ** 08/09/05 INVOICE TOTAL: 18,685.82 12350 06/30/05 01 ADMIN - SOUTHEAST 01-150-62-00-5401 08/09/05 159.21 CONTRACTUAL SERVICES 02 INTERCEPTOR STUDY ** COMMENT ** INVOICE TOTAL: 159.21 12351 06/30/05 01 SEWER IMPROV - NORTH BRANCH 37-000-75-00-7505 08/09/05 4,313.25 ROB ROY CREEK SANITARY 02 ROB ROY CREEK INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 4,313.25 12352 06/30/05 01 SEWER OP - EAST BRANCH ROB ROY 37-000-75-00-7505 08/09/05 1,740.00 ROB ROY CREEK SANITARY 02 CREEK INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 1,740.00 12353 06/30/05 01 SEWER IMPROV - SOUTHWEST FPA 37-000-75-00-7506 08/09/05 20,000.00 SOUTHWEST SVC AREA INTERCE 02 AMENDMENT ** COMMENT ** INVOICE TOTAL: 20,000.00 12354 06/30/05 01 SEWER IMPROV - WEST BRANCH 37-000-75-00-7505 08/09/05 1,867.50 ROB ROY CREEK SANITARY 02 ROB ROY CREEK INTERCEPTOR ** COMMENT ** INVOICE TOTAL: 1,867.50 VENDOR TOTAL: 88,760.81 DREYER DREYER MEDICAL CLINIC 3G559582-0705 07/27/05 01 PD-LAB TESTS, EXAMS, MEDICAL 01-210-62-00-5430 00303068 08/09/05 342.00 HEALTH SERVICES 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 342.00 VENDOR TOTAL: 342.00 P8 TATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 9 'IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :NGLISH ENGLISH & SONS LANDSCAPING INC 050701 07/01/05 01 STREETS - MOW FOX HILL 01-410-75-00-7104 00202693 08/09/05 1,055.00 FOX HILL SSA EXPENSES INVOICE TOTAL: 1,055.00 VENDOR TOTAL: 1,055.00 I 'IRSTNON FIRST NONPROFIT UNEMPLOYEMENT 000000009558 07/15/05 01 ADMIN - 3RD QUARTER FEE - 2005 01-110-50-00-5202 08/09/05 3,316.50 BENEFITS-UNEMPLOY. COMP. T INVOICE TOTAL: 3,316.50 VENDOR TOTAL: 3,316.50 %OXRIDGE FOX RIDGE STONE 6128 06/30/05 01 MUNICIPAL BLDG - STONE 16-000-75-00-7203 00202697 08/09/05 87.45 BLDG IMPROVEMENTS-PUBLIC W INVOICE TOTAL: 87.45 VENDOR TOTAL: 87.45 3ALLS GALL'S INC. 5776839100013 07/15/05 01 PD-NAMESTRIPS 01-210-62-00-5421 08/09/05 7.41 WEARING APPAREL INVOICE TOTAL: 7.41 5781775900012 07/22/05 01 PD-BATON, ROTATING SIDEBREAK 01-210-62-00-5421 00303067 08/09/05 83.28 WEARING APPAREL 02 SCABBARD, SHIPPING ** COMMENT ** INVOICE TOTAL: 83.28 VENDOR TOTAL: 90.69 3ARDCRT GARDNER, CARTON & DOUGLAS 3275475 07/15/05 01 BLDG/ZONE - LEGAL SERVICES 01-220-61-00-5300 08/09/05 217.50 LEGAL SERVICES INVOICE TOTAL: 217.50 P9 I'I SATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 10 'IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ARDCRT GARDNER, CARTON & DOUGLAS 3275476 07/15/05 01 WATER IMPROV - LEGAL SERVICES 41-000-61-00-5300 08/09/05 1,128.00 LEGAL SERVICES 02 RADIUM COMPLIANCE ** COMMENT ** INVOICE TOTAL: 1,128.00 3275484 07/15/05 01 BLDG/ZONE - LEGAL SERVICES 01-220-61-00-5300 08/09/05 1,917.80 LEGAL SERVICES 02 WETLAND BANKING ** COMMENT ** INVOICE TOTAL: 1,917.80 VENDOR TOTAL: 3,263.30 >JOVIKFM GJOVIK FORD-MERCURY, INC. 207459 07/19/05 01 PD-REPLACE EXHAUST MANIFOLD 01-210-62-00-5409 00303062 08/09/05 1,971.46 MAINTENANCE - VEHICLES INVOICE TOTAL: 1,971.46 VENDOR TOTAL: 1,971.46 ;RAINCO GRAINCO FS. , INC. 063005 06/30/05 01 SEWER OP-FUEL 52-000-65-00-5812 00202699 08/09/05 1,332.19 GASOLINE INVOICE TOTAL: 1,332.19 VENDOR TOTAL: 1,332.19 ;UARDIAN GUARDIAN ANGEL HOME 072705 07/27/05 01 PD-INTERNET PREDATORS TRAINING 01-210-64-00-5604 00303069 08/09/05 150.00 TRAINING & CONFERENCE 02 FOR TWO EMPLOYEES ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 iAPPY HAPPY HOUNDS P 1 0 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 11 LIME: 09:58:24 DETAIL BOARD REPORT CD: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SAPPY HAPPY HOUNDS 441918 07/13/05 01 PD-DOG FOOD FOR SAMMY 01-210-65-00-5804 08/09/05 39.99 OPERATING SUPPLIES INVOICE TOTAL: 39.99 VENDOR TOTAL: 39.99 HENNE VERNE HENNE CONSTR. & 26158 06/22/05 01 SEWER OP - SET UP @ NEW 52-000-62-00-5422 00202632 08/09/05 2,630.83 LIFT STATION MAINTENANCE 02 BACK UP GENERATOR BLACKBERRY ** COMMENT ** 03 LIFT STATION ** COMMENT ** INVOICE TOTAL: 2,630.83 VENDOR TOTAL: 2,630.83 HOLSEPT HOLLEY SEPTIC SERVICE 2250 07/20/05 01 SEWER OP-PUMP @ WOODWORTH 52-000-62-00-5422 00202637 08/09/05 500.00 LIFT STATION MAINTENANCE 02 LIFT STATION ** COMMENT ** INVOICE TOTAL: 500.00 VENDOR TOTAL: 500.00 ICCI INTERNATIONAL CODES 20050705 07/20/05 01 ADMIN -FIRST HALF OF JULY 2005 01-110-61-00-5314 08/09/05 36,516.55 BUILDING INSPECTIONS 03 BUILDING PERMITS ** COMMENT ** INVOICE TOTAL: 36,516.55 VENDOR TOTAL: 36,516.55 ICE ICE MOUNTAIN 05G0118718238 07/10/05 01 ADMIN-22 5-GALLON WATER JUGS 01-110-65-00-5804 08/09/05 171.50 OPERATING SUPPLIES INVOICE TOTAL: 171.50 VENDOR TOTAL: 171.50 P11 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 12 'IME: 09:58:24 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ELASCP ILLINOIS ASSOCIATION OF CHIEFS 050721M02-56 07/21/05 01 PD-IL ASSOCIATION OF CHIEFS OF 01-210-64-00-5604 00303060 08/09/05 450.00 TRAINING & CONFERENCE 02 POLICE SUMMER 2005 CONFERANCE ** COMMENT ** 03 FOR 2 EMPLOYEES ** COMMENT ** INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 LLGMIS ILLINOIS GMIS 05R 07/26/05 01 ADMIN-1 YEAR MEMBERSHIP TO 01-110-64-00-5600 00102352 08/09/05 100.00 DUES 02 GOVERNMENT MANAGEMENT ** COMMENT ** 03 INFORMATION SCIENCES ** COMMENT ** INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 ILSTATPD ILLINOIS STATE POLICE 063005-PD 06/30/05 01 PD-BACKGROUND CHECKS 01-210-65-00-5804 08/09/05 30.00 OPERATING SUPPLIES INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 ILVALLEY ILLINOIS VALLEY INDUSTRIES 11037 06/30/05 01 STREETS - 25 BARRICADES 01-410-65-00-5804 00202694 08/09/05 499.75 OPERATING SUPPLIES INVOICE TOTAL: 499.75 VENDOR TOTAL: 499.75 INDPOWER INDIANA POWER SERVICE & SUPPLY P31542 07/20/05 01 SEWER OP - RADIATOR FOR 52-000-62-00-5422 00202636 08/09/05 675.09 LIFT STATION MAINTENANCE P12 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 13 'IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM !ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :NDPOWER INDIANA POWER SERVICE & SUPPLY P31542 07/20/05 02 GENERATOR BLACKBERRY LIFT ** COMMENT ** 00202636 08/09/05 03 STATION ** COMMENT ** INVOICE TOTAL: 675.09 VENDOR TOTAL: 675.09 TLELEC J & L ELECTRONIC SERVICE, INC. 80152 06/28/05 01 POLICE - 152 M-4 RADIO ANTENNA 01-210-62-00-5409 00303057 08/09/05 58.89 MAINTENANCE - VEHICLES 02 WARRANTY CONTRACT ** COMMENT ** INVOICE TOTAL: 58.89 VENDOR TOTAL: 58.89 7-SHOES J'S SHOE REPAIR 8376-46 07/06/05 01 WATER OP - 2 PAIRS OF SHOES 51-000-62-00-5421 00202717 08/09/05 281.00 WEARING APPAREL INVOICE TOTAL: 281.00 8383-25 07/18/05 01 SEWER OP - 1 PAIR OF SHOES 52-000-62-00-5421 00202687 08/09/05 103.00 WEARING APPAREL INVOICE TOTAL: 103.00 VENDOR TOTAL: 384.00 JULIE JULIE, INC. 06-05-1717 07/01/05 01 WATER OP - LOCATES FOR JUNE 51-000-61-00-5303 00202700 08/09/05 909.15 JULIE SERVICE INVOICE TOTAL: 909.15 VENDOR TOTAL: 909.15 KCFARM KENDALL COUNTY FARM BUREAU 072505 07/25/05 01 BLDG/ZONE-5 PLAT BOOKS 01-220-65-00-5814 00102351 08/09/05 125.00 BOOKS & MAPS INVOICE TOTAL: 125.00 VENDOR TOTAL: 125.00 P13 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 14 IME: 09:58:24 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CHHS KENDALL COUNTY HEALTH 071905 07/19/05 01 PD-VACCINE FOR 1 EMPLOYEE 01-210-62-00-5430 08/09/05 40.00 HEALTH SERVICES INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 :ENPR KENDALL PRINTING 13451 07/13/05 01 PD-NOTARY STAMP 01-210-65-00-5804 08/09/05 48.90 OPERATING SUPPLIES INVOICE TOTAL: 48.90 VENDOR TOTAL: 48.90 ,ENSCRAF LENSCRAFTERS 200959 07/02/05 01 PD-EYE EXAMINATIONS 01-210-62-00-5430 08/09/05 72.90 HEALTH SERVICES INVOICE TOTAL: 72.90 VENDOR TOTAL: 72.90 ,EPPERTL LAURA LEPPERT 26 06/26/05 01 ADMIN-6/21 COW MINUTES 01-110-62-00-5401 08/09/05 138.25 CONTRACTUAL SERVICES INVOICE TOTAL: 138.25 28 07/06/05 02 ADMIN-7/05 COW MINUTES 01-110-62-00-5401 08/09/05 158.00 CONTRACTUAL SERVICES INVOICE TOTAL: 158.00 VENDOR TOTAL: 296.25 ,EYASSOC LEY & ASSOCIATES, INC. 5232 06/08/05 01 SEWER IMPROV-2-SPEED 37-000-75-00-7503 08/09/05 59,797.60 COUNTRYSIDE INTERCEPTOR P14 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 15 'IME: 09:58:24 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ,EYASSOC LEY & ASSOCIATES, INC. 5232 06/08/05 02 PREROTATION PUMPS ** COMMENT ** 08/09/05 INVOICE TOTAL: 59,797.60 VENDOR TOTAL: 59,797.60 ,OGOMAX LOGOMAX 369 06/07/05 01 PD-POLOS & SCREENING CHARGE 01-210-62-00-5421 00303058 08/09/05 379.00 WEARING APPAREL INVOICE TOTAL: 379.00 490 07/20/05 01 PD-30 T-SHIRTS 01-210-62-00-5421 00303063 08/09/05 825.00 WEARING APPAREL INVOICE TOTAL: 825.00 VENDOR TOTAL: 1,204.00 NCDOWEL MCDOWELL TRUCK PARTS, INC. 125839 07/18/05 01 SEWER OP - NELSON ELBOW TRUCK 52-000-62-00-5422 00202639 08/09/05 22.65 LIFT STATION MAINTENANCE 02 PART ** COMMENT ** INVOICE TOTAL: 22.65 VENDOR TOTAL: 22.65 MCMASTR MCMASTER-CARR 25712268 07/06/05 01 WATER OP - 2 COUPLINGS 51-000-62-00-5407 00202724 08/09/05 127.24 TREATMENT FACILITIES O&M INVOICE TOTAL: 127.24 VENDOR TOTAL: 127.24 MEADE MEADE ELECTRIC COMPANY, INC. 620564 06/30/05 01 STREETS - REPAIR RT. 47 & 71 01-410-62-00-5414 00202695 08/09/05 188.66 MAINTENANCE-TRAFFIC SIGNAL P15 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 16 'IME: 09:58:24 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM /ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WADE MEADE ELECTRIC COMPANY, INC. 620564 06/30/05 02 TRAFFIC SIGNAL ** COMMENT ** 00202695 08/09/05 INVOICE TOTAL: 188.66 VENDOR TOTAL: 188.66 4ENLAND MENARDS - YORKVILLE 84909 06/29/05 01 WATER OP - STAPLES, WASHER, 51-000-65-00-5804 08/09/05 25.00 OPERATING SUPPLIES 02 SCREWS ** COMMENT ** INVOICE TOTAL: 25.00 84915 06/29/05 01 WATER OP - RUG, COOLER, 1 51-000-65-00-5804 00202720 08/09/05 100.12 OPERATING SUPPLIES 02 GALLON WATER JUG, CHARCOAL, ** COMMENT ** 03 GARBAGE BAGS, WIRE BRUSH MAT ** COMMENT ** INVOICE TOTAL: 100.12 84987 06/29/05 01 WATER OP - HINGE, CLEANER 51-000-65-00-5804 08/09/05 23.17 OPERATING SUPPLIES INVOICE TOTAL: 23.17 85197 06/30/05 01 SEWER OP - 2 WRENCHES 52-000-65-00-5805 00202635 08/09/05 25.76 SHOP SUPPLIES 02 SEWER OP - TOW STRAP 52-000-65-00-5804 99.80 OPERATING SUPPLIES INVOICE TOTAL: 125.56 86529 07/06/05 01 WATER OP - GARBAGE BAGS, 51-000-65-00-5804 00202720 08/09/05 350.60 OPERATING SUPPLIES 02 CALCULATOR, SPILL PAN, BROOMS, ** COMMENT ** 03 MOP HANDLE, BOWL BRUSH & ** COMMENT ** 04 HOLDER, BUCKETS, TRASH CANS, ** COMMENT ** 05 MOPS ** COMMENT ** INVOICE TOTAL: 350.60 P16 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 17 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IENLAND MENARDS - YORKVILLE 86554 07/06/05 01 WATER OP - PREMIX CONCRETE 51-000-65-00-5804 08/09/05 7.28 OPERATING SUPPLIES INVOICE TOTAL: 7.28 86627 07/06/05 01 WATER OP - BLACK NIPPLE 51-000-65-00-5804 08/09/05 6.19 OPERATING SUPPLIES INVOICE TOTAL: 6.19 86757 07/07/05 01 WATER OP - VINYL & WOOD SIDING 51-000-65-00-5804 08/09/05 34.60 OPERATING SUPPLIES 02 WASH, TELEWASH ** COMMENT ** INVOICE TOTAL: 34.60 86801 07/07/05 01 WATER OP - PAINT TRAY LINER, 51-000-65-00-5804 00202720 08/09/05 106.54 OPERATING SUPPLIES 02 PAINT BUCKET, PAINT ** COMMENT ** INVOICE TOTAL: 106.54 86877 07/07/05 01 WATER OP - PAINT SUPPLIES 51-000-65-00-5804 08/09/05 13.34 OPERATING SUPPLIES INVOICE TOTAL: 13.34 86989 07/08/05 01 WATER OP - MASONRY BRUSH 51-000-65-00-5804 08/09/05 10.86 OPERATING SUPPLIES INVOICE TOTAL: 10.86 87677 07/11/05 01 WATER OP - SATIN PAINT 51-000-65-00-5804 08/09/05 74.95 OPERATING SUPPLIES INVOICE TOTAL: 74.95 87757 07/11/05 01 WATER OP - PAINT SUPPLIES 51-000-65-00-5804 08/09/05 60.51 OPERATING SUPPLIES INVOICE TOTAL: 60.51 89253 07/18/05 01 PD-HANGERS 01-210-65-00-5804 08/09/05 5.37 OPERATING SUPPLIES INVOICE TOTAL: 5.37 P17 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 18 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT (ENLAND MENARDS - YORKVILLE 89258 07/18/05 01 SEWER OP - DIAGONAL PLIERS 52-000-65-00-5805 08/09/05 17.94 SHOP SUPPLIES INVOICE TOTAL: 17.94 89419 07/19/05 01 PD-KEYS, BATTERIES 01-210-65-00-5804 08/09/05 20.40 OPERATING SUPPLIES INVOICE TOTAL: 20.40 89991 07/22/05 01 ADMIN - PHONE JACK, DATA PORT 01-110-75-00-7002 08/09/05 39.18 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 39.18 VENDOR TOTAL: 1,021.61 4ETLIFE METLIFE SMALL BUSINESS CENTER 050105A 05/01/05 01 ADMIN-REMAINING CHARGE FOR 01-110-50-00-5204 08/09/05 1,561.45 BENEFITS - GROUP LIFE INSU 02 MAY AFTER START-UP FEE ** COMMENT ** INVOICE TOTAL: 1,561.45 060105 06/01/05 01 ADMIN-MONTHLY CHARGES FOR JUNE 01-110-50-00-5204 08/09/05 6,264.77 BENEFITS - GROUP LIFE INSU INVOICE TOTAL: 6,264.77 070105 07/01/05 01 ADMIN-MONTHLY CHARGES FOR JULY 01-110-50-00-5204 08/09/05 6,264.77 BENEFITS - GROUP LIFE INSU INVOICE TOTAL: 6,264.77 VENDOR TOTAL: 14,090.99 NILES MILES CHEVROLET 3971 07/25/05 01 PD CAPITAL-2005 CHEVY IMPALA 20-000-75-00-7005 00302795 08/09/05 18,487.32 VEHICLES 02 APPROVED @ 7/12 CITY COUNCIL ** COMMENT ** INVOICE TOTAL: 18,487.32 P18 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 19 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TILES MILES CHEVROLET 3972 07/25/05 01 PD CAPITAL-2005 CHEVY IMPALA 20-000-75-00-7005 00302795 08/09/05 18,487.32 VEHICLES 02 APPROVED @ 7/12 CITY COUNCIL ** COMMENT ** INVOICE TOTAL: 18,487.32 VENDOR TOTAL: 36,974.64 IONTGLAN MONTGOMERY LANDSCAPING 3207 07/17/05 01 BRUSH HOG & CUT DOWN WEEDS 01-000-13-00-1372 08/09/05 400.00 A/R - OTHER 02 206 WOLF DR ** COMMENT ** INVOICE TOTAL: 400.00 3208 07/17/05 01 BRUSH HOG & CUT DOWN WEEDS 01-000-13-00-1372 08/09/05 350.00 A/R - OTHER 02 120 NADEN COURT ** COMMENT ** INVOICE TOTAL: 350.00 VENDOR TOTAL: 750.00 4ATLWTR NATIONAL WATERWORKS, INC. 2502005 06/29/05 01 WATER OP-METER PARTS 51-000-75-00-7508 00202721 08/09/05 164.41 METERS & PARTS INVOICE TOTAL: 164.41 2531814 07/08/05 01 WATER OP-METER PARTS 51-000-75-00-7508 00202721 08/09/05 8,050.00 METERS & PARTS INVOICE TOTAL: 8,050.00 VENDOR TOTAL: 8,214.41 NCLEQUIP NCL EQUIPMENT SPECIALTIES, INC 7325 06/09/05 01 SEWER OP - TAPE, GREEN PAINT, 52-000-62-00-5419 00202614 08/09/05 246.55 MAINTENANCE-SANITARY SEWER P19 L. ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 20 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CLEQUIP NCL EQUIPMENT SPECIALTIES, INC 7325 06/09/05 02 CHAINING PINS ** COMMENT ** 00202614 08/09/05 INVOICE TOTAL: 246.55 7400 06/30/05 01 SEWER OP - ORANGE SAFETY 52-000-62-00-5419 00202701 08/09/05 130.00 MAINTENANCE-SANITARY SEWER 02 FENCING ** COMMENT ** INVOICE TOTAL: 130.00 7443 07/14/05 01 STREETS - ORANGE PAINT 01-410-65-00-5804 00202701 08/09/05 117.00 OPERATING SUPPLIES INVOICE TOTAL: 117.00 VENDOR TOTAL: 493.55 TEES NEBS 9922302026-6 07/15/05 01 ADMIN-2000 GENERAL FUND CHECKS 01-110-65-00-5809 08/09/05 150.72 PRINTING & COPYING INVOICE TOTAL: 150.72 VENDOR TOTAL: 150.72 JEXTEL NEXTEL COMMUNICATIONS 837900513-041 07/21/05 01 ADMIN - MONTHLY PHONE USAGE 01-110-62-00-5438 08/09/05 224.57 CELLULAR TELEPHONE 02 ENG - MONTHLY PHONE USAGE 01-150-62-00-5438 177.88 CELLULAR TELEPHONE 03 STREETS - MONTHLY PHONE USAGE 01-410-62-00-5438 177.88 CELLULAR TELEPHONE 04 WATER OP - MONTHLY PHONE USAGE 51-000-62-00-5438 296.46 CELLULAR TELEPHONE 05 POLICE - MONTHLY PHONE USAGE 01-210-62-00-5438 898.80 CELLULAR TELEPHONE 06 SEWER OP - MONTHLY PHONE USAGE 52-000-62-00-5438 118.58 CELLULAR TELEPHONE INVOICE TOTAL: 1,894.17 VENDOR TOTAL: 1,894.17 P20 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 21 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ICOR NICOR GAS 3278619105-0705 07/14/05 01 ADMIN - MONTHLY CHARGES 01-110-78-00-9002 08/09/05 926.78 NICOR GAS 02 FOR 1 RT. 47 ** COMMENT ** INVOICE TOTAL: 926.78 VENDOR TOTAL: 926.78 IFFWORK OFFICE WORKS 076508 07/13/05 01 ADMIN-FOLDERS, CORD, SCISSORS, 01-110-65-00-5802 00102342 08/09/05 243.40 OFFICE SUPPLIES 02 PENCILS, FILE JACKETS, BINDER ** COMMENT ** 03 CLIPS, BINDERS, PAGE FLAGS, ** COMMENT ** 04 LEAD, CALCULATOR, HIGHLIGHTERS ** COMMENT ** INVOICE TOTAL: 243.40 076566 07/14/05 01 ADMIN-RETURN WRONG FOLDERS 01-110-65-00-5802 00102342 08/09/05 -16.99 OFFICE SUPPLIES INVOICE TOTAL: -16.99 076579 07/14/05 01 ADMIN-FOLDERS, BINDERS, PAPER 01-110-65-00-5802 00102342 08/09/05 61.45 OFFICE SUPPLIES INVOICE TOTAL: 61.45 076640 07/15/05 01 ADMIN-4 CASES OF ENVELOPES 01-110-65-00-5802 08/09/05 95.96 OFFICE SUPPLIES INVOICE TOTAL: 95.96 076713 07/18/05 01 ADMIN - CREDITED WRONG ITEMS 01-110-65-00-5802 08/09/05 -17.88 OFFICE SUPPLIES INVOICE TOTAL: -17.88 076904 07/20/05 01 ADMIN - 2 SIGNATURE STAMPS 01-110-65-00-5802 08/09/05 41.50 OFFICE SUPPLIES 02 FOR JOE BESCO & VALERIE BURD ** COMMENT ** INVOICE TOTAL: 41.50 P21 SATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 22 IME: 09:58:25 DETAIL BOARD REPORT ' D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT >FFWORK OFFICE WORKS 076970 07/21/05 01 ADMIN - FOLDER, BINDER TABS, 01-110-65-00-5802 00102348 08/09/05 90.10 OFFICE SUPPLIES 02 3 RING BINDERS ** COMMENT ** INVOICE TOTAL: 90.10 077094I 07/27/05 01 PD-FILE FOLDER, BINDERS, 01-210-65-00-5802 00303066 08/09/05 244.29 OFFICE SUPPLIES 02 LABELS ** COMMENT ** INVOICE TOTAL: 244.29 VENDOR TOTAL: 741.83 )HERRON O'HERON, RAY 0522233-IN 07/22/05 01 PD-COOL PACKS FOR VESTS, 01-210-62-00-5421 00303023 08/09/05 777.00 WEARING APPAREL 02 SHIPPING ** COMMENT ** INVOICE TOTAL: 777.00 VENDOR TOTAL: 777.00 DMALLEY O'MALLEY WELDING & FABRICATING 10906 07/11/05 01 SEWER OP -BAR FOR 52-000-62-00-5422 00202633 08/09/05 130.00 LIFT STATION MAINTENANCE 02 LIFTING PUMPS ** COMMENT ** INVOICE TOTAL: 130.00 VENDOR TOTAL: 130.00 PAULLBUD PAUL L. BUDDY 14519 07/01/05 01 MUNICIPAL BLDG - CERTIFY RPZ 16-000-62-00-5416 00202692 08/09/05 225.00 MAINT-GENERAL BLDG & GROUN 02 AT CITY HALL ** COMMENT ** INVOICE TOTAL: 225.00 VENDOR TOTAL: 225.00 P22 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 23 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ITNEY PITNEY BOWES, INC. 1970458-JY05 07/13/05 01 ADMIN-POSTAGE METER LEASE 3RD 01-110-65-00-5808 08/09/05 246.00 POSTAGE & SHIPPING 02 QUARTER ** COMMENT ** 03 PD-POSTAGE METER LEASE 3RD 01-210-65-00-5808 246.00 POSTAGE & SHIPPING 04 QUARTER ** COMMENT ** INVOICE TOTAL: 492.00 VENDOR TOTAL: 492.00 'OSTNET POSTNET IL 124 23667 07/14/05 01 ENG-BLUE PRINTS FOX HILL UNIT 01-150-65-00-5809 08/09/05 6.00 PRINTING & COPYING INVOICE TOTAL: 6.00 VENDOR TOTAL: 6.00 'RELUBE PRECISION LUBE 225531 06/28/05 01 ENG-OIL CHANGE 01-150-62-00-5409 08/09/05 21.70 MAINTENANCE-VEHICLES INVOICE TOTAL: 21.70 VENDOR TOTAL: 21.70 )UILL QUILL CORPORATION 8127423 06/23/05 01 SEWER OP - 3 HOLE PUNCH 52-000-65-00-5802 00202690 08/09/05 5.93 OFFICE SUPPLIES INVOICE TOTAL: 5.93 8480317 07/12/05 01 SEWER OP - PAPER, MESSAGE BOOK 52-000-65-00-5802 00202690 08/09/05 131.23 OFFICE SUPPLIES INVOICE TOTAL: 131.23 8609538 07/18/05 01 ENG - DESK TRAY 01-150-65-00-5802 00102345 08/09/05 8.99 OFFICE SUPPLIES INVOICE TOTAL: 8.99 P23 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 24 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT QUILL QUILL CORPORATION 6681388 07/21/05 01 ENG - PRINTER CARTRIDGE 01-150-62-00-5410 00102345 08/09/05 215.98 MAINTENANCE-OFFICE EQUIP INVOICE TOTAL: 215.98 VENDOR TOTAL: 362.13 tOTARY ROTARY CLUB OF YORKVILL 070105 07/01/05 01 ADMIN-ROTARY CLUB MEMBERSHIP 01-110-64-00-5600 08/09/05 135.00 DUES 02 DUES 7/01/05-06/30/06 ** COMMENT ** INVOICE TOTAL: 135.00 VENDOR TOTAL: 135.00 3AFESUPP SAFETY SUPPLY ILLINOIS 1132309-01 07/13/05 01 SEWER OP-OXYGEN SENSOR 52-000-75-00-7004 00202634 08/09/05 174.85 SAFETY EQUIPMENT INVOICE TOTAL: 174.85 VENDOR TOTAL: 174.85 3ALISM SAILSBURY, MARGARET 8272-16 06/26/05 01 WATER OP - 6/26/05 CLEANING 51-000-62-00-5401 08/09/05 50.00 CONTRACUAL SERVICES 02 @ PW OFFICE ** COMMENT ** INVOICE TOTAL: 50.00 8272-17 07/02/05 01 WATER OP - 7/2/05 CLEANING 51-000-62-00-5401 08/09/05 50.00 CONTRACUAL SERVICES 02 @ PW OFFICE ** COMMENT ** INVOICE TOTAL: 50.00 8272-18 07/10/05 01 WATER OP - 7/10/05 CLEANING 51-000-62-00-5401 08/09/05 50.00 CONTRACUAL SERVICES P24 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 25 'IME: 09:58:25 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM IENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT >ALISM SAILSBURY, MARGARET 8272-18 07/10/05 02 @ PW OFFICE ** COMMENT ** 08/09/05 INVOICE TOTAL: 50.00 8272-19 07/16/05 01 WATER OP - 7/16/05 CLEANING 51-000-62-00-5401 08/09/05 50.00 CONTRACUAL SERVICES 02 @ PW OFFICE ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 200.00 OBC SBC 312Z8958410705 07/16/05 01 ADMIN - T-LINE 01-110-62-00-5436 08/09/05 62.73 TELEPHONE INVOICE TOTAL: 62.73 630R0612690705 07/16/05 01 ADMIN-FIRE ALARM CITY HALL 01-110-62-00-5436 08/09/05 11.51 TELEPHONE 02 PD-FIRE ALARM CITY HALL 01-210-62-00-5436 11.52 TELEPHONE 03 WATER OP-FIRE ALARM CITY HALL 51-000-62-00-5436 11.52 TELEPHONE INVOICE TOTAL: 34.55 630R2629650705 07/16/05 01 ADMIN-CITY HALL NORTEL SYSTEM 01-110-62-00-5436 08/09/05 498.83 TELEPHONE 02 PD-CITY HALL NORTEL SYSTEM 01-210-62-00-5436 498.83 TELEPHONE 03 WATER OP-CITY HALL NORTEL 51-000-62-00-5436 498.84 TELEPHONE 04 SYSTEM ** COMMENT ** INVOICE TOTAL: 1,496.50 708Z9110010705 07/16/05 01 WATER OP-ALARM CIRCUIT 51-000-62-00-5436 08/09/05 67.72 TELEPHONE INVOICE TOTAL: 67.72 VENDOR TOTAL: 1,661.50 P25 1 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 26 'IME: 09:58:25 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 3BCGLOBL SSC GLOBAL SERVICES, INC. IL679116 07/13/05 01 ADMIN-QUARTERLY CONTRACT 01-110-62-00-5439 08/09/05 1,237.20 TELEPHONE SYSTEMS MAINTENA 02 MAINTENANCE PAYMENT ** COMMENT ** INVOICE TOTAL: 1,237.20 IL679875 07/12/05 01 ADMIN-CREDIT FOR REMOVING THE 01-110-62-00-5439 08/09/05 -294.00 TELEPHONE SYSTEMS MAINTENA 02 OLD VOICE MAIL SYSTEM ** COMMENT ** INVOICE TOTAL: -294.00 IL679883 07/12/05 01 ADMIN-ADDITIONAL EQUIPMENT 01-110-62-00-5439 08/09/05 468.00 TELEPHONE SYSTEMS MAINTENA 02 CHARGES TO PREVIOUS BILL ** COMMENT ** INVOICE TOTAL: 468.00 VENDOR TOTAL: 1,411.20 SBCLONG SBC LONG DISTANCE 828932136-0705 07/01/05 01 ADMIN - MONTHLY USAGE 01-110-62-00-5436 08/09/05 17.49 TELEPHONE 02 POLICE - MONTHLY USAGE 01-210-62-00-5436 194.08 TELEPHONE 03 WATER OP - MONTHLY USAGE 51-000-62-00-5436 21.27 TELEPHONE INVOICE TOTAL: 232.84 834308520-0705 07/13/05 01 ADMIN - MONTHLY CHARGES 01-110-62-00-5436 08/09/05 0.37 TELEPHONE INVOICE TOTAL: 0.37 834517498-0705 07/13/05 01 ADMIN - MONTHLY CHARGES 01-110-62-00-5436 08/09/05 0.45 TELEPHONE INVOICE TOTAL: 0.45 835309272-0705 07/13/05 01 ADMIN - MONTHLY CHARGES 01-110-62-00-5436 08/09/05 4.69 TELEPHONE INVOICE TOTAL: 4.69 VENDOR TOTAL: 238.35 P26 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 27 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CHAIN SCHAIN, BURNEY, ROSS & CITRON 65414 07/08/05 01 SEWER IMPROV - ROY ROY CREEK 37-000-62-00-5407 08/09/05 150.00 ENG/LGL/CONTING ROB ROY CR 02 PROJECT ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 EAGREN SEAGREN CONSTRUCTION, INC. 072105-DEUCHLER 07/21/05 01 SEWER IMPROV-PAYMENT #3 FOR 37-000-75-00-7504 08/09/05 80,945.10 BRUELL STREET LIFT STATION 02 BRUELLL ST. PUMP STATION ** COMMENT ** 03 PROJECT ** COMMENT ** INVOICE TOTAL: 80,945.10 VENDOR TOTAL: 80,945.10 IERVMASC SERVICEMASTER COMMERCIAL 126654 07/15/05 01 ADMIN-AUGUST OFFICE CLEANING 01-110-62-00-5406 08/09/05 550.00 OFFICE CLEANING 02 Q CITY HALL ** COMMENT ** INVOICE TOTAL: 550.00 VENDOR TOTAL: 550.00 ;HELL SHELL OIL CO. 065159923507 07/03/05 01 WATER OP - FUEL 51-000-65-00-5812 00202689 08/09/05 1,257.24 GASOLINE INVOICE TOTAL: 1,257.24 VENDOR TOTAL: 1,257.24 CHOMWEST THOMPSON WEST 809318663 07/06/05 01 BLDG/ZONE-ZONING & PLANNING 01-220-65-00-5814 08/09/05 270.00 BOOKS & MAPS P27 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 28 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HOMWEST THOMPSON WEST 809318663 07/06/05 02 LAW HANDBOOK 2005 ** COMMENT ** 08/09/05 INVOICE TOTAL: 270.00 VENDOR TOTAL: 270.00 LRICH ULRICH CHEMICAL, INC. 166727 12/06/04 01 WATER OP - CONTAINER RETURNS 51-000-65-00-5820 08/09/05 -175.00 CHEMICALS INVOICE TOTAL: -175.00 209970 07/06/05 01 WATER OP - CHEMICALS 51-000-65-00-5820 00202723 08/09/05 394.50 CHEMICALS INVOICE TOTAL: 394.50 209971 07/06/05 01 WATER OP - CHEMICALS 51-000-65-00-5820 00202723 08/09/05 1,214.35 CHEMICALS INVOICE TOTAL: 1,214.35 VENDOR TOTAL: 1,433.85 JNIFIED UNIFIED SUPPLY 0103936-IN 06/29/05 01 PD CAPITAL-BASE FOR SOLAR 20-000-78-00-9009 08/09/05 854.68 RESERVE 02 SPEED SIGN ** COMMENT ** INVOICE TOTAL: 854.68 VENDOR TOTAL: 854.68 JPSIL UPS 00004296X2295 07/20/05 01 WATER OP - SHIP 3 PACKAGES 51-000-65-00-5808 08/09/05 27.15 POSTAGE & SHIPPING INVOICE TOTAL: 27.15 VENDOR TOTAL: 27.15 JESCO VESCO P28 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 29 'IME: 09:58:25 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT /ESC() VESCO 24681 07/05/05 01 ENG-INKJET BOND 01-150-65-00-5802 08/09/05 25.26 OFFICE SUPPLIES INVOICE TOTAL: 25.26 24721 07/13/05 01 ADMIN-LABELING TAPE 01-110-65-00-5802 00102337 08/09/05 93.70 OFFICE SUPPLIES INVOICE TOTAL: 93.70 VENDOR TOTAL: 118.96 JSP VISION SERVICE PLAN 083105 07/20/05 01 ADMIN-AUGUST 2005 CHARGES FOR 01-110-50-00-5205 08/09/05 754.34 BENEFITS - DENTAL/VISION A 02 EMPLOYEE VISION BENEFIT ** COMMENT ** INVOICE TOTAL: 754.34 VENDOR TOTAL: 754.34 1TRPRD WATER PRODUCTS, INC. 0180582 06/30/05 01 WATER OP - BOLTS & NUTS 51-000-65-00-5804 00202726 08/09/05 32.20 OPERATING SUPPLIES INVOICE TOTAL: 32.20 0181058 07/18/05 01 SEWER OP - 36" MAN HOLE HOOK 52-000-65-00-5815 00202638 08/09/05 27.33 HAND TOOLS INVOICE TOTAL: 27.33 VENDOR TOTAL: 59.53 WYETHATY JOHN JUSTIN WYETH 337 07/27/05 01 ARO-SPEEDWAY 01-000-13-00-1372 08/09/05 187.50 A/R - OTHER 02 BLDG/ZONE-ENGINEERING LEGAL 01-220-61-00-5300 300.00 LEGAL SERVICES INVOICE TOTAL: 487.50 P29 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 30 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT (YETHATY JOHN JUSTIN WYETH 339 07/27/05 01 ADMIN-ADMINISTRATION LEGAL 01-110-61-00-5300 08/09/05 1,312.50 LEGAL SERVICES INVOICE TOTAL: 1,312.50 340 07/27/05 01 ARO-WOODLANDS 01-000-13-00-1372 08/09/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 341 07/27/05 01 ARO-OCEAN/ROSEN 01-000-13-00-1372 08/09/05 412.50 A/R - OTHER INVOICE TOTAL: 412.50 342 07/27/05 01 ARO-WHITE PINES 01-000-13-00-1372 08/09/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 343 07/27/05 01 ARO-PRESTWICK 01-000-13-00-1372 08/09/05 262.50 A/R - OTHER INVOICE TOTAL: 262.50 344 07/27/05 01 ARO-WESTBURY 01-000-13-00-1372 08/09/05 187.50 A/R - OTHER INVOICE TOTAL: 187.50 345 07/27/05 01 ARO-YORKWOODS 01-000-13-00-1372 08/09/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 346 07/27/05 01 ARO-CHALLY FARM 01-000-13-00-1372 08/09/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 347 07/27/05 01 BLDG/ZONE-BLACKBERRY CREEK 01-220-61-00-5300 08/09/05 150.00 LEGAL SERVICES P30 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 31 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IYETHATY JOHN JUSTIN WYETH 347 07/27/05 02 PROJECT ** COMMENT ** 08/09/05 INVOICE TOTAL: 150.00 348 07/27/05 01 ADMIN-REVIEW ISSUE REGARDING 01-110-61-00-5300 08/09/05 75.00 LEGAL SERVICES 02 CANNONBALL ESTATE ** COMMENT ** INVOICE TOTAL: 75.00 349 07/27/05 01 ADMIN-ALARM ORDINANCE 01-110-61-00-5300 08/09/05 112.50 LEGAL SERVICES INVOICE TOTAL: 112.50 350 07/27/05 01 ARO-CORNEILS 01-000-13-00-1372 08/09/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 351 07/27/05 01 ARO-HEATER CROSSING 01-000-13-00-1372 08/09/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 352 07/27/05 01 WATER OP-IEPA LOAN 41-000-61-00-5300 08/09/05 600.00 LEGAL SERVICES INVOICE TOTAL: 600.00 353 07/27/05 01 ARO-LINCOLN PRAIRIE 01-000-13-00-1372 08/09/05 187.50 A/R - OTHER INVOICE TOTAL: 187.50 354 07/27/05 01 ARO-HEARTLAND CIRCLE 01-000-13-00-1372 08/09/05 225.00 A/R - OTHER INVOICE TOTAL: 225.00 355 07/27/05 01 WATER OP-WATER BILLING/ 51-000-61-00-5300 08/09/05 225.00 LEGAL SERVICES P31 ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 32 IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'YETHATY JOHN JUSTIN WYETH 355 07/27/05 02 COLLECTION ** COMMENT ** 08/09/05 INVOICE TOTAL: 225.00 356 07/27/05 01 ARO-ASPEN RIDGE 01-000-13-00-1372 08/09/05 450.00 A/R - OTHER INVOICE TOTAL: 450.00 357 07/27/05 01 ARO-MONTALBANO 01-000-13-00-1372 08/09/05 375.00 A/R - OTHER INVOICE TOTAL: 375.00 358 07/27/05 01 SEWER IMPROV-ROB ROY CREEK 37-000-75-00-7505 08/09/05 112.50 ROB ROY CREEK SANITARY 02 EASEMENTS ** COMMENT ** INVOICE TOTAL: 112.50 VENDOR TOTAL: 5,625.00 'BSD YORKVILLE BRISTOL 0480-000344481 06/30/05 01 WATER OP-JUNE SLUDGE DISPOSAL 51-000-62-00-5407 00202696 08/09/05 2,708.67 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,708.67 VENDOR TOTAL: 2,708.67 (OLIBRAR YORKVILLE PUBLIC LIBRARY 063005-DEV 07/27/05 01 TRUST/AGENCY-JUNE 2005 95-000-78-00-9009 08/09/05 9,100.00 LIBRARY DEV FEE PAYMENTS 02 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 9,100.00 070105-TRANSFER 07/27/05 01 ADMIN-SS & IMRF OF TAX LEVY 01-110-99-00-9923 08/09/05 2,625.00 TRANSFER TO LIBRARY 02 FOR "JULY 2005" ** COMMENT ** INVOICE TOTAL: 2,625.00 VENDOR TOTAL: 11,725.00 P32 )ATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 33 'IME: 09:58:25 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OPDPET YORKVILLE POLICE DEPARTMENT 072505 07/25/05 01 POLICE - LIQUOR LICENSE 01-210-65-00-5804 08/09/05 44. 00 OPERATING SUPPLIES 02 POLICE - US CANINE ASSOC. DUES 01-210-65-00-5804 40.00 OPERATING SUPPLIES 03 POLICE - ILEAS MEETING 01-210-64-00-5605 35.39 TRAVEL EXPENSES INVOICE TOTAL: 119.39 VENDOR TOTAL: 119.39 (OPOST YORKVILLE POSTMASTER 070105 07/01/05 01 WATER OP-POSTAGE FOR UTILITY 51-000-65-00-5808 08/09/05 744.58 POSTAGE & SHIPPING 02 BILLING LETTER MAILING ** COMMENT ** INVOICE TOTAL: 744.58 VENDOR TOTAL: 744.58 YOREC YORKVILLE RECREATION DEPT 080105-TRANSFER 07/27/05 01 ADMIN-AUGUST 2005 TRANSFER 01-110-99-00-9940 08/09/05 77,380.58 TRANSFER TO PARK & RECREAT INVOICE TOTAL: 77,380.58 VENDOR TOTAL: 77,380.58 YORKACE YORKVILLE ACE & RADIO SHACK 090497 07/22/05 01 SEWER OP - 3 KEYS 52-000-65-00-5804 08/09/05 5.97 OPERATING SUPPLIES INVOICE TOTAL: 5.97 VENDOR TOTAL: 5.97 YOUNGM YOUNG, MARLYS 051705-COW 05/17/05 01 ADMIN-5/17 COW MINUTES 01-110-62-00-5401 08/09/05 121.88 CONTRACTUAL SERVICES INVOICE TOTAL: 121.88 P33 PATE: 07/29/05 UNITED CITY OF YORKVILLE PAGE: 34 'IME: 09:58:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 08/09/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OUNGM YOUNG, MARLYS 060605-ZB 07/21/05 01 ADMIN-ZONING BOARD MEETING 01-110-62-00-5401 08/09/05 57.00 CONTRACTUAL SERVICES 02 MINUTES FOR 6/06 ** COMMENT ** INVOICE TOTAL: 57.00 VENDOR TOTAL: 178.88 (RKAUTO YORKVILLE AUTO PARTS 701319 06/02/05 01 WATER OP - SPARK PLUG 51-000-65-00-5804 08/09/05 2.59 OPERATING SUPPLIES INVOICE TOTAL: 2.59 VENDOR TOTAL: 2.59 TOTAL ALL INVOICES: 727,339.01 P34 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 7/23/05 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $23,215.53 $54.81 $23,270.34 $1,736.34 $1,755.35 $26,762.03 ENGINEERING $9,764.89 $0.00 $9,764.89 $730.69 $794.86 $11,290.44 POLICE $54,526.40 $1,974.27 $56,500.67 $4,304.82 $331.64 $61,137.13 PUBLIC WORKS $23,339.78 $3,279.69 $26,619.47 $2,033.06 $1,955.81 $30,608.34 PARKS $15,240.82 $6.00 $15,246.82 $1,156.97 $936.53 $17,340.32 RECREATION $13,889.17 $0.00 $13,889.17 $1,055.94 $798.72 $15,743.83 LIBRARY $6,509.66 $0.00 $6,509.66 $498.01 $297.30 $7,304.97 TOTALS $146,486.25 $5,314.77 $151,801.02 $11,515.83 $6,870.21 $170,187.06 TOTAL INVOICES 08/09/2005 $727,339.01 TOTAL PAYROLL 07/23/2005 $170,187.06 TOTAL DISBURSEMENTS $897,526.07 C .l<I -i1 / J= ` .11 a,x� EST.itti ���� a 1e361 O � <LEtv��2 YORKVILLE POLICE DEPARTMENT Harold 0. Martin III, Chief of Police 804 Game Farm Road I Yorkville, Illinois 60560 Phone: 630-553-4340 I Fax: 630-553-1141 Date: July 7, 2005, 2005 To: Chief Harold 0. Martin III From: S/Sergeant Ron Diederich Reference: Monthly Mileage Report During June 2005, the Yorkville Police Department logged a total of 22,854 miles. Individual squad miles are: Monthly Current i Reassign/ Squad Vehicle Squad Usage Miles "3 Miles Replace Date M-1 2001 Ford Crown Victoria Patrol/K-9 1,816 106240 ;1 2006/2007 M-2 1996 Chevrolet Caprice Administration 489 141,729 2005/2006 M-3 1998 Ford Crown Victoria Administration 343 129,773 2003/2004 M-4 2002 Chevrolet Impala Patrol 2,042 76,-540 2005/2006 M-5 1998 Ford Crown Victoria Administration 2,001 :- 127921 . ,i 2003/2004 M-6 2003 Chevrolet Impala Chief 1,484 34,215 2007/2008 M-7 2001 Ford Crown Victoria DARE 068,140,, 2009/2010 M-8 2004 Ford Crown Victoria Patrol 3,297 57,254 2007/2008 M-9 2000 Ford Crown Victoria Lieutenant 605 69;:995 2008/2009 M-10 1991 Ford Thunderbird DARE 0 128 980 'I 2004/2005 M-10 2004 Chevrolet Impala Patrol 1,734 13 '18 2008/2009 M-11 2003 Ford Crown Victoria Patrol 2,020 69,014 2006/2007 M-12 1999 Ford Expedition Patrol /Trucks 1,309 31;;182 2007/2008 M-13 2001 Ford Crown Victoria Patrol/K-9 1,338 50810 5 i 2010/2011 M-14 2003 Ford Crown Victoria Patrol 516 78773 g 2005/2006 M-15 2004 Ford Crown Victoria Patrol Sergeant 889 28115 2008/2009 M-16 2004 Ford Expedition Patrol Sergeant 2,475 30429 2008/2009 M-17 2004 Chevrolet Impala Detective 496 5,132 ti 2014/2015 Respectfully, S/Sgt. Ronald E. Diederich#203 Yorkville Police Department - Overtime Manhour Utilization Report - 07-09-05 Date Court Training Relief Details Admin Emerg Invest Corn Sery ' Full Time Part Time 05/14/05 _ 8 2 50 0 2 0 11 0 ] 73 110.75 05/28/05 8 11 1831 0 0 11.5 0 79.5 97 5 06/11/053.75 0 33 5 25 5 2 0 1 0 65.75 65.5 06/25/05 �� 4 0 22 4 0 0 6 75 0 36.75 .90.5...,__ ./ _ ___________. __.__._______. ..__.__ _ _ _ -.. 07,/09__05 _ �0 � 0__,__ _. 15 9 _�.._ 0 10 2.25 _0_ _ 36.25 _ 102.75 r I _ ___ ___ _ ...., _ _ L__, ___ _ _ ___ _ 1 1 1 ___ _ _ i ____ _ _ _ ...____ FY05-06 Court Training Relief Details Admin Emerg ' Invest Corn Sery Full Time Part Time Totals 23.75 13.00 138.50 69.50 4.00 10.00 32.50 0.00 291.25 467.00 Percents 8% 4% 48% 24% 1% 3% 11% 0% 100% N/A Average 4.75 2.60 27.70 13.90 0.80 2.00 6.50 0.00 58.25 93.40 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY04-05 Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Totals 125.00 79.25 231.50 299.00 88.25 14.00 377.00 113.50 1327.50 1867.00 Percents 9% 60/0 17% 23% 7% 1% 28% 9% 100% N/A Average 4.81 3.05 8.90 11.50 3.39 0.54 14.50 4.37 51.06 71.81 Prepared by Molly Batterson 7/11/2005 Page 1 Yorkville Police Department Offense Report - June 2005 Offense Categories ': JUN JUL AUG SEP OCT NOV' `DEC 04 TOTALS 'JAN I FEB IMARI APRIMAYI JUN 05 TOTALS Arson 0 0 0 0 0 0 0 0 0 f 0 0 0 0 0 0 Assault 0 0 2 2 0 1 0 11 1 I 0 0 1 0 1 3 Battery 4 3 6 1 5 4 7 50 7 6 5 5 7 8 38 Burglary 9 12 6 5 1 2 13 71 7 5 7 5 2 430 Cannabis Offenses 0 1 1 1 1 2 1 16 5 0 2 2 0 3 12 Controlled Substance Offenses 0 1 0 0 0 0 0 1 0 0 0 0 0 2 2 Crimes Involving Children 1 4 4 6 7 0 2 41 3 3 1 4 1 6 18 Criminal Damage16 20 12 17 12 17 18 156 12 12 19 14 19 14 90 Deceptive Practices 1 5 6 3 1 4 0 36 6 3 4 5 4 3 25 Drug Paraphernalia Offenses 1 3 1 0 0 2 3 15 1 1 2 3 0 1 8 Firearms Offenses 0 1 0 0 0 0 1 3 0 1 0 1 4 f 0 0 5 Gambling Offenses 0 0 0 0 0 00 0 0 0 0 0 0 00 Kidnapping 1 1 0 0 0 1 1 8 0 0 0 1 1 2 4 Liquor Offenses 0 1 6 3 3 4 0 28 0 2 1 2 0 3 8 Murder 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 Robbery 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 Sex Offenses 0 0 2 0 1 0 1 5 0 0 1 0 0 0 1 Theft 12 10 7 13 6 7 12 114 16 [ 11 13 12 13 12 77 All Other Criminal Offenses 14 18 11 15 14 11 14 170 18 j 9 16 15 16 16 90 Traffic Incidents,;, rt c s-e-- JUN; JUL: AUG. 'SEP OCT :,NOV DEC 04 TOTALS 'JAN I FEB MAR APRT MAYI JUN 05 TOTALS Driving Under The Influence 2 1 0 10 5 2 11 46 5 14 1 3 4 7 24 License/Registration Violations 37 24 57 33 44 25 35 495 30 ( 35 22 42 45 34 208 Seatbelt Citations 64 16 18 14 9 16 8 314 44 ' 22 42 25 74 29 236 Seatbelt Warnings yW mM �4Y 21 19 13 12 6 16 0 155 39 26 13 20 20 0 118 Speeding Citations 17 12 37 21 18 35 36 382 39 53 61 47 43 28 271 Speeding Warnings 0 00 0 40 37 42 280 51 71 80 43 43 28 316 of Alcohol _.. 0 1 ..._ss ___ __-._ _ . __. Transportation4 4 5 0 2 20 1 1 1 6 2 3 14 Uninsured Motor Vehicle 27 29 43 25 24 16 31 418 21 31 26 35 38 38 189 Total Citations Issued 186 132 233 170 158 118 181 2176 130 I 177 1 205 1213 1255 ' 234 1214 Total Verbal Warnings Issued 5 5 15 6 8 9 6 85 6 5 I 4 12 ( 2 5 34 Total Written Warnings Issued 251 264 269 221 244 237 326 3533 393 1 334 ; 363 291 1 259 315 1955 Accident Reports Taken :- i, JUN JUL` AUG SEP OCT NOV DEC 04 TOTALS JANI FEB MARL APR I MAYI JUN 05 TOTALS Hit and Run Accident 0 1 1 4 5 0 5 28 6 2 2 3 5 5 23 Property Damage Accident 30 32 36 23 39 27 34 360 33 17 23 21 39 36 169 Personal Injury Accident 1 8 5 10 5 3 3 52 4 2 f 4 1 3 2 16 Total Accidents Taken 31 41 42 37 49 30 42 440 43 ! '21 ; 29 1 25 j 47 1 43 208 **Unlawful Visitation Interference is reported under the Kidnapping Section of the Illinois Uniformed Crime Reporting system. The Kidnapping line item includes this offense in its totals. Yorkville Police Department Manhour Report - June 2005 r lv'. , - / g� 2005 PATRO1, JUN JUL AUG SEP ` OCT . :.NOV . ,DEC.... JAN 05 FEB MAR APR 4 Y JUN TO 'ALS Accidents 29.83 32.20 27.58 45.75 32.92 18.25 30.08 25.17 9.58 25.75 20.42 29.00 109.92 Administrative Activity 374.17 324.92 313.05 389.33 434.42 525.50 701.20 660.08 468.92 447.65 497.42 419.92 335.00 2828.99 Animal Complaints 6.58 7.92 6.08 4.75 10.00 6.45 5.83 5.50 2.92 3.42 6.83 5.13 6.33 30.13 Arrest Activity 38.42 20.73 52.67 17.33 29.58 24.50 38.83 30.75 22.08 8.50 23.10 26.58 37.42 148.43 Assist Agencies 144.25 179.28 223.75 116.75 152.50 118.92 143.50 121.17 158.42 147.17 144.35 127.17 180.50 878.78 Community Relations 99.62 88.33 77.33 91.17 88.67 93.75 36.80 35.42 64.08 43.83 86.33 99.83 54.42 383.91 Departmental Duties 99.97 118.83 122.58 139.17 109.42 92.50 139.33 166.67 93.33 108.75 89.92 89.42 150.83 698.92 Investigations 92.58 81.75 57.67 63.92 63.50 29.58 31.33 19.75 28.33 69.75 25.83 23.00 23.00 189.66 Ordinance/Traffic Violations 86.95 58.45 100.68 61.98 85.93 52.27 101.80 128.60 82.42 104.42 84.93 77.45 83.78 561.60 Personnel Activity 1002.25 640.08 789.93 660.10 398.45 473.83 747.50 586.95 432.92 525.67 481.55 598.42 613.33 3238.84 Preventive Patrol 879.00 733.35 792.68 971.15 720.53 791.30 772.35 752.37 747.58 895.68 685.70 665.58 682.55 4429.46 Public Complaints 116.92 147.17 131.58 87.32 98.97 69.13 124.25 74.50 51.75 105.08 87.00 97.33 131.00 546.66 Public Services 35.92 39.33 32.00 33.42 71.42 28.17 32.08 56.33 29.92 34.75 33.17 23.17 39.42 216.76 Report Activity 193.00 167.50 257.75 179.33 195.92 132.52 180.67 162.08 164.75 167.57 174.00 185.67 173.67 1027.74 School Activity 33.33 3.67 94.83 246.83 263.13 195.33 172.50 238.08 222.83 161.75 214.67 207.00 60.83 1105.16 Traffic Activity 252.58 205.68 250.98 215.17 209.80 179.92 268.42 282.60 312.15 287.50 240.67 235.00 246.25 1604.17 Training 18.92 309.17 83.42 158.58 251.08 402.08 165.67 251.08 184.58 330.08 216.75 351.67 277.67 1611.83 2005 ADMINISTRATIVE WI; AUG SEP OCT NOV DEC' JAN`05 .. FEB --M;Ag APR" MAY JUN TOTALS Chief 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1039.98 CPAT Officer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1039.98 Crossing Guards(In Days) 8.00 0.00 10.00 42.00 56.00 43.00 39.00 60.00 66.00 50.50 59.50 59.50 6.50 302.00 Detectives 173.33 346.66 346.66 519.99 519.99 519.99 2426.62 Lieutenant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1039.98 Office Supervisor 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 1039.98 Records Clerks 291.83 302.08 173.33 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 2079.96 TOTALS 4497.44 4153.76'4291.21 4564.03 4312.22 4316.98 477142 4870.41 .4529.20 4904:46 4732.11 :4880.81 4662;47 28579.46 Yorkville Police Department School-Related Manhour Report - June 2005 JCTL 04 OCT 04 JAN Q5 APR 05 jut,05 , , QCT.05 a JAN 06 THROUGH T II4OUGH TI ROCT+ ' THRC UGH ' HROUGH H1tOIJGH THROCI 200 ACTIVITY TITLE SSP 04; DEC.04 . ; MAR 05 ".tUN Q5 SEP;05 1)EC`05 -0 TOTALS Assist Assistant Principal 0.33 0.75 0 75 9.50 11.33 Assist Principal 6.33 18.67 8.67 13.33 47 00 Assist Superintendant 0.00 0.00 0.00 1.08 1.08 DARE - Meeting 0.00 0.00 0.75 0.00 0.75 DARE Class 72.92 55.67 205.33 25.75 359.67 DARE Officer Duties 9.67 13.67 26.00 51.83 101.17 School CARE Team 3.42 12.50 0.00 6.17 22.09 School Counseling 3.42 10.75 8.33 13.33 35.83 School Crisis Team 3.00 0.00 0.00 0.00L 3.00 __.. _ ___ _._Sch S holDool Escort isruption _ _ 0.001 __ __� 0_ 0.00.._. 0 00 _._ 0.33 0 0.00 3.33 School Fight0 00 0 001 1.421 ,6.- 00 1 42 School Gang Display 0.75 0.25 0.00 0.00 1.00 0.42 School Investigation Theft0.00 3.67 2 17 0.00 0.00 0A2 ____ � __ _ ....__. School Investigation- Other 5 25 13 33 24.42 School Parking Lot Detail 12 00 27 80 _2,1_..2,558. 1 58 3131:..63,301 1 00 92 38 School Parking Violation 0 00 0 00 0 33 0 00 0.33 SRO - Other Duties 229.42 485.42 344.25 305 25 1364.34 Total Hours 345.261 630.981 622.66 470.991 01 0 0 2069.89 Yorkville Police Department SRO Total Manhour Report - April 2005 JULY U4 ,O(:f.�U4 .,.l <JAN U5 AYR Q5 ! JUL 05 , ; OCT•U5 JAN 0t THROUGI3 THROUGI� TIIROUGH THROUGH;'I HROUGH,THROUGH i THROUGH 2005 OFFICER NAME SEP 04 DEC 04 : MAIC 05 ,. JUN 05 #" SEP 05 DEC05 MAR 06 TOTALS Officer Barry Groesch, YMS 483.97 557.72 436.10 474.92 1952.71 Officer Jon Helland, YHS 501.17 525.58 445.58 431.50 1903.83 Total Hours 985.14 1083.3 881.68 906.421 0 0 0 3856.54 Yorkville Police Department 2005 Truck Enforcement Summary Tioket Bond Funds , DateTime ntterlse Location Disposition i Number :'' Talon Received, 01/31/05 14:30 23141 Overweight on Gross Route 34/Cannonball Trail $210 Ex Parte $100.00 02/04/05 10:19 23147 Overweight on Bridge Route 47/River Street $1,070 Ex Parte $860.00 03/04/05 13:36 23462 Overweight on Axles Route 47/Ament Road $535 Guilty $248.00 23881 Overweight on Gross $350 Guilty $245.00 05/20/05 11:17 Route 47/Legion Road 23882 Overweight on Registration $350 Stricken $0.00 05/26/05 8:36 23883 Overweight on Gross Route 71/Route 47 $245 Pending $0.00 06/09/05 8:04 23891 Overweight on Gross Route 34/Cannonball Trail $535 Pending $0.00 Totals For Bond Taken and Fines Received After Court Costs - 2005 $3,295 N/A $1,453.00 Totals For Bond Taken and Fines Received After Court Costs 2004 $27,482 N/A $16,392.40 Totals For Bond Taken and Fines Received After Court Costs 2003 $15,972 N/A $11,343.01 Totals For Borid Taken and Fines Received After Court Costs 2002 $42,014 N/A $21,665.12 Totals For Bond Taken and Fines Received After Court Costs - 2001 $56,232 N/A $30,226.86 Totals For Bond Taken and Fines Received After Court Costs 2000 $25,815 N/A $13,026.43 Running Total $167,515 N/A $92,653.82 7/11/2005 12:00 PM Page 1 of 1 Attachment D CLICK.. IT OR TICKET % Post-Mobilization Reporting Form Rural Initiative/ Click It or Ticket Campaigns .;.TTrnarµ May 23-June 5, 2005 Reporting Agency: ICA,145 c 0. Q_ Project #: Safety Belt Enforcement Activity for this Campaign: Total project officer-hours worked by this agency during the campaign specifically on Safety Belt Enforcement: 3 7 Number of enforcement details (zones) conducted: Briefly describe specific Safety Belt enforcement activities worked during the campaign: 0/J c__ v-.r sT snivil. n) 116-7-72.11-Ls Gc.,..)n L.:41th -4/- 4 4-11 .3i1-'1 . Total number of specific enforcement actions taken this reporting period (if the total number for any category is unknown, please mark "UNK"): Safety Belt Child Safety Felony Stolen Fugitives DUI Arrests Citations Citations Arrests Vehicles Apprehended Recovered 73 1 I 0 Suspended Uninsured Reckless Other Revoked Motorists Speeding Driving Drug Arrests (specify) Licenses Ro Ie Name of person submitting this report: Sar. L c� Phone: (43o ) 553 - 1/3 qty E-mail: 1 1-irt7— '{o t.2-►.�� tJS 4 1� if is}" KE LL ` T Y� p,f ' ' : .. .- •••• I -.26. - i - ----- f . ;•. r allir i ,t1 a i of ming: what- -.6.,F,. right PRESS RELEASE Kendall County Sheriff's Office The Illinois Law Enforcement Alarm System (ILEAS) is proud to announce that it has provided $ 96,000.00 to the Kendall County Sheriff's Office in Consortium with the Yorkville Police Department, Oswego Police Department, and Plano Police Department for the purchase and installation of mobile data computers. This is part of an effort by the Kendall County Sheriff's Office, along with the agencies with in its boundaries, ILEAS, and the State of Illinois to equip as many squad cars as possible with computers. ILEAS recently provided $6,775,000 to 215 police and sheriffs departments in Illinois as part of its 2005 Local Law Enforcement Homeland Security Grant Program. These grants are U.S. Department of Homeland Security funding that was provided to ILEAS by the ILLINOIS TERRORISM TASK FORCE (ITTF). The TASK FORCE has over 60 member agencies consisting of cities, counties, public health, transportation, law enforcement, fire service, emergency management, and other disciplines throughout the state. The ITTF is the entity responsible for developing and implementing the State's Homeland Security Program to prevent or to respond to acts of terrorism. ILEAS is an inter-governmental coalition representing 741 law enforcement agencies and 95% of all sworn officers in the State of Illinois. ILEAS coordinates significant requests for mutual aid, provides grants and coordinates other law enforcement related programs. The mission of ILEAS is to meet the needs of law enforcement throughout the State of Illinois in matters of mutual aid, emergency response and the combining of resources for public safety. More about ILEAS and the Illinois Terrorism Task Force can be found at: www.ileas.org and www.illinoishomelandsecurity.org. r1? 90 Yorkville Police Department Memorandum 1 804 Game Farm Road -41 MU ESI 1836 Yorkville, Illinois 60560 -�� Telephone: 630-553-4340 P Ix. Fax: 630-553-1141 I -m p <CE 0./ Date: July 7, 2005, 2005 To: Chief Harold 0. Martin III From: S/Sgt. Ron Diederich Reference: Speed Trailer report for June, 2005 Chief During the month of June, 2005 the Alpha Speed Trailer and the Speed matrix trailer were deployed at the following locations and times: June 6 through June 8 Eastbound Spring St. at Freemont June 6 through June 8 Northbound Poplar at the playground June 14 through June 15 Westbound Fox at Mill St. June 14 through June 16 Northbound Game Farm at the Library June 17 through June 20 Northbound Rt. 71 @ Washington-Prairie Fest June 27 through July 1 Northbound Raintree at Sunny Dell July 28 through July 1 "Sprinkling Ban", Bridge St. at Town Square Park The trailers were in operation for 477 hours in June. Respectfully, __________ _) 4 I /' S/Sgt. Ron Diederich <V° C,T` Yorkville Police Department Incident Report Summary -- 9t June 1, 2005 through July 6, 2005 Est` 6 050938 through 051189 r..---- ��o Page 1 of 11 ‘�?�` 050938 06-01-05 2000 Blk. S.Bridge Street 050952 .... 06-02-05 2800 Blk. N.Bridge Street Lockout Warrant Arrest: Based on information received from the Aurora Police Department, officers responded to a 050939 06-01-05 Somonauk Street/Route 47 work location and found an employee wanted on a Accident valid arrest warrant out of Aurora. Subject was taken into custody. 050940 06-01-05 700 BIk. Game Farm Road Accident 050953.... 06-03-05 Route 47/Corneils Road Accident 050941 06-01-05 Tinley Park, Illinois Canine Training 050954.... 06-03-05 2300 Blk. Sumac Drive Theft Over$300: Victim reported $4675 worth of 050942 06-01-05 100 BIk. Appletree Court various scaffolding supplies stolen from a house under Theft $300 and Under: Two juveniles stole another's construction. bicycle and after a brief investigation, the bicycle was recovered. Victim did not want to press charges 050955 .... 06-03-05 300 Blk. Heustis Street against the juvenile violators. Suspicious Circumstances 050943 06-01-05 800 BIk. Greenfield Turn 050956 .... 06-03-05 800 BIk. Homestead Drive Domestic Trouble Theft $300 and Under: Victim reported a $300 bicycle stolen from in front of their house. 050944 06-01-05 2200 Blk. Kingsmill Street Unlawful Visitation Interference 050957.... 06-03-05 Desk Report Assist Other Government Agency 050945 06-01-05 1200 Blk. Badger Street Dumping Garbage 050958.... 06-03-05 100 Blk. E.Van Emmon Street Dumping Garbage 050946 06-02-05 Route 34/Center Parkway Found Articles 050959 .... 06-03-05 Desk Report Assist Other Government Agency 050947 06-02-05 Route 47/Fox Street Accident 050960 .... 06-03-05 Route 71/Route 47 Assist Other Police Department 050948 06-02-05 700 BIk. N.Bridge Street Lockout 050961 .... 06-04-05 Route 34/Route 47 Traffic Arrest: Subject was driving on a suspended 050949 06-02-05 900 BIk. Mill Street license and taken into custody for such. Domestic Trouble 050962.... 06-04-05 800 BIk. Heartland Drive 050950 06-02-05 1600 Blk. N.Bridge Street Theft $300 and Under: Victim reported two cases of Lockout beer stolen from inside their garage. Unknown if the garage door was open at the time of the theft. 050951 06-02-05 2200 BIk. Kingsmill Street Unlawful Visitation Interference 050963.... 06-04-05 1400 Blk. Cannonball Trail Lockout 050964 .... 06-04-05 Route 47/Route 34 Accident J2,.(�t) C'ryYorkville Police Department Incident Report Summary � l j « June 1, 2005 through July 6, 2005 i = 1836 050938 through 051189 °9 "'i, z° Page 2 of 11 050965 06-04-05 Route 47/Beaver Street 050975 .... 06-05-05 600 Blk. Center Parkway Traffic Incident: Subject was taken to Corrections to Lockout verify their identity after Officers were given several different names and identifications. 050976 .... 06-05-05 700 BIk. Bristol Avenue Other Public Complaints 050966 06-05-05 Route 71/Highpoint Road Assist County Police 050977.... 06-05-05 2200 Blk. Kingsmill Street Citizen Assist 050967 06-05-05 2000 BIk. S.Bridge Street Assist Ambulance 050978 .... 06-06-05 1800 Blk. Columbine Drive Lockout 050968 06-05-05 300 Blk. E.Main Street Citizen Assist 050979.... 06-06-05 200 BIk. Wheaton Avenue Accident 050969 06-05-05 Marketplace/Route 34 Accident 050980 .... 06-06-05 1400 BIk. Chestnut Lane Domestic Trouble 050970 06-05-05 Route 34/Sycamore Road Warrant Arrest: Officers pulled vehicle over for 050981 .... 06-06-05 1400 Blk. N.Bridge Street improperly displaying the license plates. Officers Accident learned the driver was wanted on a valid arrest warrant and took them into custody for such. 050982.... 06-06-05 300 Blk. Illini Drive Domestic Trouble 050971 06-05-05 200 Blk. Walsh Circle Traffic Arrest/Other Public Complaints: Reporting 050983 .... 06-07-05 200 BIk. River Road person called in a complaint where a driver, who had Criminal Damage to Property: A landlord reported been driving fast through the neighborhood for the damage done to a door made by one of their ex- past few days, stopped and a verbal argument ensued tenants. Landlord did not want to press charges. between the driver and the reporting person. When officers arrived on the scene, they learned the driver 050984 .... 06-07-05 1200 Blk. N.Bridge Street was suspended. Officers allowed the driver to bond Lockout out at the scene for Driving While License Suspended and driver's mother drove vehicle home. 050985.... 06-07-05 Route 47/Beaver Street Accident 050972 06-05-05 Route 71/Route 126 Traffic Arrest: Subject was driving on a suspended 050986.... 06-07-05 300 BIk. W.Ridge Street license and was taken into custody for such. Lockout 050973 06-05-05 Route 47/Legion Road 050987.... 06-07-05 200 Blk. W.Veterans Parkway Traffic Arrest/Possession of Cannabis: Subject was Lockout found speeding and pulled over for such. Officers learned they were driving on a suspended license and 050988 .... 06-07-05 1400 Blk. Aspen Lane was taken into custody for such. Upon searching the Domestic Trouble vehicle incident to arrest, officers located 1.2 grams of cannabis. 050989 .... 06-07-05 John Street/Sycamore Road Disorderly Conduct/Harassing a Witness: Complaints 050974 06-05-05 100 Blk. W.Veterans Parkway were signed against offenders after an extensive Lockout investigation into the matter, which stemmed from another pending case. (0-3-c/i . Yorkville Police Department Incident Report Summary 4" TJune 1, 2005 through July 6, 2005 �iyh`'B36 050938 through 051189 '1-'34,11,--.1; Page 3 of 11 `vim 050990 06-07-05 1000 Blk. N.Bridge Street 051004 .... 06-09-05 Route 71/Route 47 Accident Accident 050991 06-08-05 Route 47/Route 71 051005 .... 06-09-05 1400 Blk. Chestnut Lane Traffic Arrest: After witnessing a vehicle swerving into Warrant Arrest: Two subjects were taken into custody their lane of traffic, officers pulled over violating for previous charges signed by officers. vehicle. 051006 .... 06-09-05 1100 Blk. N.Bridge Street 050992 06-08-05 Route 34/Route 47 Deceptive Practices: Unknown violators called in a Traffic Arrest: Subject was driving on a suspended phony order for$70 worth of pizzas. license and taken into custody for such. 051007.... 06-09-05 200 Blk. Hillcrest Avenue 050993 06-08-05 Route 34/Route 47 Domestic Battery: Officers were called to the scene of Accident a domestic battery where one party was transported voluntarily to a local hospital for psychological 050994 06-08-05 1000 Blk. Dalton Avenue evaluation. No complaints signed. Runaway 051008.... 06-09-05 900 Blk. Mil Street 050995 06-08-05 Route 34/Route 47 Curfew Accident 051009.... 06-10-05 McHugh Road/Countryside Pk 050996 06-08-05 100 Blk. W.Fox Street Accident Lockout 051010 .... 06-10-05 Route 47/Somonauk Street 050997 06-08-05 Sycamore Road/Route 34 Traffic Arrest/Warrant Arrest: Upon pulling over a Battery: Juvenile subjects got into a physical subject for having a suspended license, officers altercation where victim was told to seek the State's learned of a valid arrest warrant. Subject was taken Attorney's Office if they wished to sign complaints into custody for both. against suspect, as during the course of the investigation, it was learned it was a mutual battery. 051011 .... 06-10-05 2200 Blk. Kennedy Road Found Articles 050998 06-08-05 Sycamore Road/Sequoia Ct. Curfew 051012 .... 06-10-05 100 Blk. Colonial Parkway Harassment by Telephone 050999 06-09-05 Tinley Park, Illinois Canine Training 051013.... 06-10-05 400 Blk. Blaine Street Other Public Complaint 051000 06-09-05 Tinley Park, Illinois Canine Training 051014.... 06-10-05 700 Blk. Game Farm Road Theft $300 and Under: Victim stated unknown 051001 06-09-05 1400 Blk. Chestnut Lane person(s) on an unknown date removed their Lockout insurance card for their vehicle and driver's license from the ashtray of their unlocked car. $10 value for 051002 06-09-05 Route 71/Route 47 the driver's license. Accident 051003 06-09-05 600 Blk. Countryside Center Lost Driver's License (cvM. Yorkville Police Department Incident Report Summary June 1, 2005 through July 6, 2005 *" 050938 through 051189 o Page 4 of 11 CCE \yam 051015 06-10-05 200 Blk. Windham Circle 051022.... 06-11-05 900 Blk. Fawn Ridge Court Criminal Damage to Property: Victim stated unknown Lost License Plates: Subject contacted police person(s) shattered their vehicle's side view mirror by because they sold their vehicle with the license plates throwing a balloon filled with shaving cream at it. still attached. Upon contacting the new owner, the Damage valued at$100. new owner failed to return phone calls. Police entered the plates into the system as missing. 051016 06-11-05 Route 47/Legion Road Traffic Arrest: Officers pulled subject over for 051023.... 06-11-05 300 BIk. E.Van Emmon Street speeding and improper lane usage. Officers Suspicious Circumstances suspected subject as being intoxicated and subject agreed to field sobriety tests. After failing field 051024.... 06-12-05 300 BIk. Walter Street sobriety tests, officers took subject into custody for Criminal Damage to Property: Victim reported $500 of DUI. Subject agreed to a breath test and subject damage done to their vehicle when unknown registered a .133 BAC during the breath test. Subject person(s) broke a headlight and put dents and was also charged for DUI — BAC over .08. scratches in a quarter panel. 051017 06-11-05 200 Blk. W.Van Emmon Stret 051025.... 06-12-05 100 Blk. Stagecoach Trail Criminal Damage to Property: Victim reported Criminal Sexual Abuse: Offender was arrested after unknown offender(s) had thrown white paint on their victim signed complaints for an incident occurring at a vehicle causing $100 worth of damage to the vehicle's local motel. paint. 051026 .... 06-12-05 2300 Blk. Iroquois Lane 051018 06-11-05 10000 BIk. Route 71 Mischievous Conduct— No Dollar Loss Lockout 051027.... 06-12-05 300 BIk. E.Van Emmon Street 051019 06-11-05 1400 BIk. S.Bridge Street Other Public Complaint Possession of Controlled Substance/Warrant Arrest: Employee at local establishment called in a domestic 051028.... 06-12-05 300 BIk. Fairhaven Drive trouble. Officers arrived and when they spoke with Harassment by Telephone one of the parties involved, they found two valid arrest warrants issued for them. Officers took subject into 051029.... 06-12-05 Route 126/Route 71 custody and upon searching their person, located a Accident bag containing a white powdery substance, suspected as cocaine. 051030.... 06-12-05 500 BIk. E.Main Street Lockout 051020 06-11-05 200 Blk. Adams Street Assistance Rendered Civil Category 051031 .... 06-12-05 1200 Blk. Chestnut Lane Domestic Trouble 051021 06-11-05 1200 Blk. Clearwater Drive Criminal Trespass to Residence: Officers located 051032.... 06-10-05 Desk Report three juveniles in a house under construction playing. Assist Other Government Agency They were transported and turned over to their parents. 051033.... 06-12-05 400 BIk. Fairhaven Drive Lockout 051034.... 06-12-05 100 Blk. Schoolhouse Road Domestic Battery: Juvenile offender was referred to Juvenile Probation after a physical altercation occurred between child and parent. .C�0 cIT,. Yorkville Police Department incident Report Summary June 1, 2005 through July 6, 2005 ��I 1836 050938 through 051189 Page 5 of 11 LCE ``'- 051035 06-13-05 Fairhaven Drive/Cannball Tr. 051047.... 06-14-05 400 Blk. Jefferson Street Accident Burglary: Offenders entered a home without homeowner's permission and were caught by 051036 06-13-05 Route 34/Sycamore Road homeowner inside. Offenders fled when homeowner Accident contacted police. Offenders left their vehicles at the scene. Pending investigation/charges. 051037 06-13-05 300 Blk. Morgan Street Criminal Damage to Property: Victim reported $750 of 051048 .... 06-15-05 400 Blk. Jefferson Street damage done to five window panes at a house under Assault: After getting into a verbal altercation with construction were shot at with a BB gun by unknown another subject, victim states offender threatened offender(s). bodily harm. Subjects completed written statements and were referred to the State's Attorney's Office for 051038 06-13-05 100 Blk. E.Stagecoach Trail charges: Theft $300 and Under: Offender claimed $200 was stolen from inside their hotel room after they had been 051049.... 06-15-05 Center Parkway/Route 34 taken into custody on a previously reported case. Traffic Arrest: Subject was driving without a valid license and was taken into custody for such. 051039 06-14-05 100 Blk. Appletree Court Runaway 051050 .... 06-15-05 Route 47/Route 34 Traffic Arrest: Subject was driving without a valid 051040 06-14-05 1300 Blk. Coralberry Court license and was taken into custody for such. Criminal Damage to Property: Victim's neighbor reported $30 of damage done to their mailbox by 051051 .... 06-15-05 300 Blk. E.Van Emmon Street unknown offender(s). Theft Over$300: Victim stated their adult child took approximately$500 to $900 of loose change from 051041 06-14-05 1800 Blk. Marketview Drive their bedroom. Victim stated they kept change in a Lockout large water bottle, which was quite full. 051042 06-14-05 Route 34/Center Parkway 051052 .... 06-15-05 300 Blk. Windett Ridge Traffic Arrest: Subject was driving on a suspended Domestic Battery: Offender and victim got into a license and taken into custody for such. verbal altercation which turned physical. After victim locked themselves in a room, offender broke down the 051043 06-14-05 1090 Blk. Banbury Lane door and began jumping on and hitting victim. Domestic Trouble Officers arrested offender on the scene for Domestic Battery. 051044 06-14-05 2000 Blk. S.Bridge Street Retail Theft: Employees stated unknown offender 051053 .... 06-15-05 Route 47/Wheaton Avenue pumped $42.12 worth of gasoline and left without Traffic Arrest: Subject was found driving without a paying for it. valid license and was taken into custody for such. 051045 06-04-05 1700 Blk. Marketview Drive 051054 .... 06-16-05 Route 47/Galena Road Canine Demonstration Traffic ArrestNVarrant Arrest: Subject was found driving without a valid license and was taken into 051046 06-08-05 900 Blk. Game Farm Road custody for such. Upon running subject's name, Canine Demonstration officers learned of a valid arrest warrant for the subject and that they also had a suspended driver's license out of Indiana. ,f-o c,T,. Yorkville Police Department Incident Report Summary June 1, 2005 through July 6, 2005 050938 through 051189 9 {'_ s Page 6 of 11 � E lv� CC 051055 06-16-05 Route 47/Route 34 051066 .... 06-16-05 200 Blk. W.Veterans Parkway Traffic Arrest: Officer pulled offender over for traveling Burglary from Motor Vehicle: Victim reported four at an extremely high rate of speed. Upon pulling over empty CD cases stolen from inside their unlocked driver of vehicle vehicle, which had pulled into a local vehicle. gas station, officers suspected driver was intoxicated. Driver agreed to take and failed field sobriety tests. 051067 .... 06-17-05 Route 126/Colonial Parkway Officers put offender under arrest for DUI. Upon Accident agreeing to a breath test, offender registered a .130 BAC. Driver was also cited for DUI — Over .08 BAC. 051068 .... 06-17-05 Desk Report Lockout 051056 06-18-05 700 Blk. John Street Lockout 051069 .... 06-17-05 2200 Blk. Kennedy Road Accident 051057 06-16-05 Route 71/Route 47 Traffic Arrest: Subject was driving on a suspended 051070 .... 06-17-05 300 Blk. Olsen Street license and taken into custody for such. Other Public Complaints 051058 06-16-05 1900 Blk. W.Veterans Prkway 051071 .... 06-17-05 200 Blk. Morgan Street Deceptive Practices: Offender issued a non-sufficient Criminal Damage to Property: Victim reported $4000 funds check for$2561.81 for services rendered. worth of damage done to the fuel system of their tow truck when unknown person(s) put water in the gas 051059 06-16-05 1300 Blk. E.Spring Street tank. There are no suspects in this case. Dog Bite/Loose Dog 051072 .... 06-17-05 Route 47/Hydraulic Avenue 051060 06-16-05 1400 Blk. Cannonball Trail Accident Other Public Complaints 051073 .... 06-17-05 Route 34/Timber Ridge Road 051061 06-16-05 100 Blk. Colonial Parkway Traffic Arrest: Subject was found driving on a Lockout suspended license and taken into custody for such. 051062 06-16-05 200 Blk. E.Veterans Parkway 051074 .... 06-18-05 800 Blk. S.Bridge Street Accident Junk/Salvage Title Investigation 051063 06-16-05 Yellowstone Ln/Alandale Ln 051075 .... 06-18-05 800 Blk. S.Bridge Street Accident Junk/Salvage Title Investigation 051064 06-07-05 Landmark Avenue/Route 47 051076 .... 06-18-05 600 Blk. Redtail Lane Found Articles Domestic Trouble 051065 06-16-05 200 Blk. W.Veterans Parkway 051077 .... 06-18-05 Route 126/Route 47 Possession of Alcohol by Minor: After receiving a call Traffic Arrest: Subject was found driving on a by a concerned citizen that they had seen someone suspended license and taken into custody for such. handing a bottle of alcohol to a minor, officers responded and located suspect vehicle. Upon 051078 .... 06-18-05 200 Blk. N.Bridge Street investigation, it was learned that the minor was in fact Harassment by Telephone in possession of alcohol, a bottle of vodka. Minor was taken into custody for the possession. ‘--- �tio C/ oYorkville Police Department Incident Report Summary i-. T June 1, 2005 through July 6, 2005 E ~--B3' 050938 through 051189 VI 1�� ?s Page 7 of 11 1174-E-A‘-$ 051079 06-16-05 200 Blk. E.Veterans Parkway 051092 .... 06-20-05 200 Blk. E.Veterans Parkway Forgery: Victim reported they believe their sibling Criminal Damage to Property: Victim reported $1000 stole and is writing checks using the stolen checks. damage done to their vehicle. Officer attempted to Value of checks written so far is $231.52. ascertain whether the vehicle was actually involved in an accident rather than damage, however, the victim 051080 06-18-05 Route 47/Route 71 was adamant that the car was damaged from a Accident person, rather than an accident. 051081 06-19-05 Route 47/Greenbriar Road 051093 .... 06-20-05 Route 47/Galena Road Accident Accident 051082 06-19-05 200 Blk. E.Veterans Parkway 051094 .... 06-20-05 Tower Lane Accident Lockout 051083 06-19-05 1300 Blk. Chestnut Lane 051095 .... 06-20-05 Route 47/Route 71 Domestic Battery: Offender had complaints signed Traffic Arrest/Possession of Cannabis: Subject was against them for domestic battery after officers found driving on a suspended license and taken into witnessed the physical harm done to their spouse, the custody for such. Upon searching the subject after victim. Offender could not be located, as they left the arrest, officers located 3.8 grams of cannabis on their residence prior to victim calling the police. person. 051084 06-19-05 Route 47/Spring Street 051096 .... 06-21-05 200 BIk. W.Veterans Parkway Accident Accident 051085 06-19-05 Route 47/Corneils Road 051097.... 06-21-05 1400 Blk. N.Bridge Street Accident Retail Theft: Employees reported $28.55 of gasoline was pumped by suspect and not paid for. 051086 06-19-05 500 Blk. S.Bridge Street Domestic Trouble 051098.... 06-21-05 200 Blk. W.Kendall Drive Suicide Attempt 051087 06-19-05 River Street/King Street Accident 051099.... 06-21-05 1400 Blk. Aspen Lane Criminal Damage to Property: Victim reported $25 of 051088 06-20-05 100 Blk. E.Hydraulic Avenue damage done to their shed when unknown offender(s) Criminal Damage to Property: City reported $50 of "egged" the shed, damaging the paint. damage done to the "Park Rules" sign. Unknown offender(s) had "painted out" the skateboarding 051100 .... 06-21-05 1000 Blk. Homestead Drive section of the sign. Suspicious Circumstances 051089 06-20-05 500 BIk. S.Bridge Street 051101 .... 06-21-05 1300 Blk. Walsh Drive Lockout Residential Burglary: Victim reported unknown person(s) stole a Playstation system and games from 051090 06-20-05 Route 34/McHugh Road inside their unlocked residence. Value of property is Accident $400. 051091 06-20-05 Route 47/Route 34 051102.... 06-21-05 1500 BIk. N.Bridge Street Traffic Arrest: Subject was driving on a suspended Theft $300 and Under: Victim stated their cell phone license and taken into custody for such. (valued at $200)was stolen from inside their purse in an employee break room at an unknown time. ,o)c,(T,. Yorkville Police Department Incident Report Summary �2 ; June 1, 2005 through July 6, 2005 %1 =-1''3` 050938 through 051189 Page 8 of 11 (LE xv 051103 06-21-05 500 Blk. Poplar Drive 051115.... 06-23-05 900 Blk. Mill Street Criminal Damage to Property: Victim stated $350 Theft Over$300: Victim stated their digital camera damage was done to their vehicle when unknown and two memory cards (valued at $625)was taken on person(s)threw a balloon filled with shaving cream at "field day" out of the teacher's lounge (incident the car. happened on 06-01-05.) The camera has still not been located. 051104 06-22-05 Tinley Park, Illinois Canine Training 051116 .... 06-23-05 Menard Dr./Marketview Dr. Accident 051105 06-22-05 1900 BIk. Route 47 Lost License Plate 051117.... 06-24-05 1000 Blk. Sunset Street Lockout 051106 06-22-05 Route 47/Route 34 Accident 051118 .... 06-24-05 700 BIk. Greenfield Turn Suspicious Circumstances 051107 06-22-05 Route 34/Center Parkway Accident 051119 .... 06-24-05 Route 47/Center Street Accident 051108 06-22-05 300 Blk. Windham Circle Theft$300 and Under: Victim stated their plastic bird 051120 .... 06-24-05 200 Blk. E.Veterans Parkway feeder was missing, then called later that they found it Other Public Complaints in the woods, broken. Damage valued at $20. 051121 .... 06-24-05 1000 Blk. Stillwater Court 051109 06-22-05 500 BIk. Hawthorne Court Citizen Assist Harassment by Telephone 051122 .... 06-24-05 100 BIk. E.Main Street 051110 06-22-05 Route 34/Eldamain Road Criminal Trespass to Residence/Possession of Domestic Battery: Victim had a glass containing a Controlled Substance/Possession of beverage thrown at them after a verbal altercation with Cannabis/Possession of Drug Equipment/Possession their spouse. No charges filed. and Consumption of Alcohol by Minor: Several individuals were using a house that had just been sold 051111 06-22-05 200 Blk. E.Countryside Pkwy as a "party" house. One of the subjects was the child Lockout of the previous owners. Some of the subjects then fled on foot while officers were investigating the 051112 06-22-05 Route 126/Route 47 incident. Two subjects were detained by officers and Accident questioned. Officers located several items of contraband on the subjects and inside the residence. 051113 06-22-05 1000 Blk. Homestead Drive Officers eventually located five other subjects who Runaway admitted to drinking and consuming other drugs inside the residence. All were arrested and charged with the 051114 06-22-05 300 Blk. E.Van Emmon Street appropriate offenses. Domestic Battery: Victim contacted police and while on the phone, offender hit the phone, striking the 051123.... 06-25-05 200 Blk. Walsh Circle victim, and then hung up the phone. Offender then Mischievous Conduct— No Dollar Loss left the scene prior to officers' arrival. Officers located offender who resisted arrest. Officers charged 051124.... 06-25-05 300 Blk. E.Fox Street offender with Domestic Battery, Interfering with Suspicious Circumstances Reporting Domestic Violence and Resisting Arrest. (----coDZ.ry Yorkville Police Department Incident Report Summary : June 1, 2005 through July 6, 2005 �tO050938 through 051189 1 Page 9 of 11 051125 06-23-05 Van Emmon Street/Mill Street 051140 .... 06-28-05 Desk Report Accident Sex Offender Registration 051126 06-25-05 700 Blk. Game Farm Road 051141 .... 06-28-05 1300 Blk. Evergreen Lane Accident Suspicious Circumstances 051127 06-26-05 700 BIk. John Street 051142.... 06-28-05 Desk Report Battery: An altercation occurred after several Citizen Assist individuals had been drinking at a local establishment. A mutual battery occurred between two in particular 051143.... 06-28-05 Route 71/Route 47 and neither wanted to sign complaints against the Traffic Arrest: Officers located a vehicle called in by a other. concerned citizen for a driving complaint. When officers attempted to pull over said vehicle due to 051128 06-26-05 500 BIk. W.Kendall Drive observing erratic driving, it took the driver quite some Dog Bite time and the driver would not yield to the emergency vehicle's lights. Officers suspected driver of being 051129 06-26-05 500 BIk. W.Kendall Drive intoxicated and driver refused to take field sobriety Assist Ambulance tests. Driver was arrested for DUI. Driver refused all other tests. 051130 06-26-05 700 Blk. Clover Court Lockout 051144.... 06-29-05 Fox Street/S.Main Street Accident 051131 06-27-05 Route 34/Route 47 Traffic Arrest: Subject was driving without a valid 051145 .... 06-29-05 700 Blk. Fir Court license and was taken into custody for such. Harassment by Telephone 051132 06-27-05 2000 BIk. S.Bridge Street 051146 .... 06-29-05 2000 BIk. S.Bridge Street Assist Business Agency Assist Business Agency 051133 06-27-05 100 Blk. S.Bridge Street 051147.... 06-29-05 Route 47/Route 71 Domestic Trouble Accident 051134 06-27-05 1200 BIk. Willow Way 051148 .... 06-29-05 Kennedy Road/Christy Lane Lockout Traffic Arrest: Officers responded to attempt to find a vehicle called in by a concerned citizen for unsafe 051135 06-27-05 600 Blk. Countryside Center driving. Officers located said vehicle, which almost Accident struck officer in their squad car. Officers pulled over vehicle and suspected driver of being intoxicated. 051136 06-27-05 100 BIk. Center Parkway Driver agreed to take field sobriety tests, and failed all Citizen Assist tests. Officers arrested driver for DUI. Officers located open alcohol in the driver's vehicle after 051137 06-27-05 100 Blk. Colonial Parkway searching the vehicle incident to arrest. Officers Harassment by Telephone transported driver to Corrections where driver refused to submit to any further tests. 051138 06-27-05 Desk Report Citizen Assist 051149.... 06-29-05 1800 BIk. Marketview Drive Lockout 051139 06-27-05 Sycamore Street/John Street Curfew <op ciT,. Yorkville Police Department Incident Report Summary June 1, 2005 through July 6, 2005 EsT,tW ' 050938 through 051189 0:5 051150 Page 10 of 11 CCE `V� 051150 06-30-05 Van Emmon Street/Mill Street 051162.... 07-02-05 Ridge Street/Adams Street Traffic Arrest: Subject was found driving on a Obstructing Justice/Resisting Arrest/Possession of suspended license and taken into custody for such. Alcohol/Consumption of Alcohol/Pedestrian Under the Influence of Alcohol: Officers encountered a 051151 06-30-05 900 Blk. S.Bridge Street pedestrian under the influence. Pedestrian became Burglary from Motor Vehicle: Victim reported a Nextel belligerent and fought with officers, running into a cell phone stolen from inside their unlocked vehicle. residence. Officers tracked offender and arrested Phone valued at $100. offender. 051152 06-30-05 800 BIk. Adrian Street 0501163 .. 07-02-05 200 Blk. Adams Street Criminal Sexual Abuse: Pending investigation. Consumption of Alcohol/Possession of Cannabis: While investigating 051162, officers located an 051153 06-30-05 Route 47/Kennedy Road underage suspect who had been drinking. Officers Other Public Complaints took suspect into custody for Consumption and located one gram of cannabis on their person. 051154 06-30-05 1000 Blk. Homestead Drive Runaway 051164.... 07-02-05 1200 Blk. Chestnut Lane Lockout 051155 07-01-05 Route 71/Wing Road Traffic Arrest: Subject was driving without a valid 051165.... 07-02-05 1500 Blk. Cottonwood Trail license and was taken into custody for such. Lockout 051156 07-01-05 1200 Blk. S.Bridge Street 051166 .... 07-02-05 Route 34/Marketview Drive Obscene Phone Calls: Victim reported incident to Traffic Arrest: Subject was driving without a valid their cellular carrier, who in turn contacted police for license and taken into custody for such. victim. 051167.... 07-02-05 1400 Blk. N.Bridge Street 051157 06-26-05 Mulhern Court/E.Kendall Drive Lockout Accident 051168 .... 07-02-05 1400 Blk. Cannonball Trail 051158 07-01-05 Route 47/Somonauk Street Misrepresentation of Age by Minor: Officers were Citizen Assist informed by a bouncer at a local establishment of an individual who had a fake identification attempting to 051159 07-01-05 200 Blk. E.Veterans Parkway gain entry into the establishment. Officers located Assist Business Agency subject and upon questioning, took said license into custody for further investigation. Officers are 051160 07-01-05 500 Blk. Redtail Lane attempting to forward the case to Illinois Secretary of Accident State Police for a driver's license suspension on the suspect misusing the identification. 051161 07-02-05 1400 BIk. Cannonball Trail Battery: A mutual battery occurred between two 051169.... 07-03-05 Route 47/Galena Road individuals in front of a local drinking establishment. Accident No complaints were signed. 051170 .... 07-03-05 1400 BIk. Sequoia Court Criminal Damage to Property: Victim stated three boards to their residence fence were damaged by unknown person(s). Damage estimated at $20. ' Yorkville Police Department Incident Report Summary j- °- June 1, 2005 through July 6, 2005 Es . 1636 050938 through 051189 147 .6-p1-1:-..-: 15 Page 11 of 11 SLE 051171 07-04-05 900 Blk. Game Farm Road 051183.... 07-05-05 1800 BIk. Marketview Drive Curfew Accident 051172 07-04-05 Van Emmon St./Heustis St. 051184.... 07-05-05 1500 Blk. Stoneridge Court Traffic Arrest: Subject was driving on a suspended Domestic Trouble license and taken into custody for such. 051185.... 07-06-05 Tinley Park, Illinois 051173 07-04-05 Route 47/Fox Street Canine Training Accident 051186 .... 07-06-05 1400 BIk. N.Bridge Street 051174 07-04-05 Route 34/Marketplace Drive Assist Business Agency Traffic Arrest: Subject was driving without a valid license and taken into custody for such. 051187.... 07-06-05 Kennedy Road/Mill Street Warrant Arrest: While completing traffic control, 051175 07-04-05 Route 34/Marketplace Drive officers located a subject walking by whom they knew Accident was wanted on a valid warrant. Officers confirmed said warrant and took subject into custody for such. 051176 07-05-05 Route 34/Game Farm Road Traffic Arrest: Subject was driving without a valid 051188 .... 07-06-05 Route 126/Block Road license and taken into custody for such. Traffic Arrest: Subject was found driving on a suspended license and taken into custody for such. 051177 07-05-05 400 BIk. Walnut Street Theft Over $300: Victim stated $600 worth of musical 051189.... 07-06-05 200 BIk. E.Veterans Parkway equipment/instruments were taken from the location. Lockout 051178 07-05-05 Route 71/Route 47 Accident 051179 07-05-05 Walter Street/Mill Street Criminal Damage to Property: Victim stated $200 of damage was done to their vehicle when unknown person(s) spray painted their fenders. 051180 07-05-05 Spring Street/Bruell Street Traffic Arrest: Subject was driving without a valid license and taken into custody for such. 051181 07-05-05 Route 71/Route 47 Traffic Arrest: Subject was driving without a valid license and taken into custody for such. 051182 07-05-05 Countryside Prkway/Route 47 Traffic Arrest/Possession of Cannabis/Possession of Drug Equipment: Officers pulled over subject for driving on a suspended license. Upon searching subject's vehicle incident to arrest, officers located cannabis and drug paraphernalia. C ; v( 4-i7IC ' JLV : r / ics:6 car o United City of Yorkville Memo '" 800 Game Farm Road EST, t'm 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-4350 o6 L W'cm, IIFp4 Fax: 630-553-7575 Date: July 14, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney CC: Anton Graff, City Administrator Subject: Theidel/Pulte/Goodwin Right of First Refusal Attached are three documents that make up the assignment of"Right of First Refusal" for a 20 acre parcel located on the north side of Rt 34 approx. 1/2 the distance between Countryside Parkway and Bristol Ridge Road. The Documents, listed in logical series are: 1. Right of First Refusal Agreement(From Theidel Trust to Pulte) 2. Agreement between Pulte and Goodwin concerning the assignment of the Right 3. Assignment(of the Right of First Refusal—Pulte to Goodwin) 4. Assignment of Contract Right(From Goodwin to United City of Yorkville) The City may accept this assignment (technically a"grant" of an interest in land) under the general land acquisition authority under the Municipal Code. (65 ILCS 5/11-1 et seq). The City has no obligation to exercise this right, i.e. to buy the land. The City does have an obligation to notify the Goodwins each time the City is notified of an opportunity to exercise the right. If the City should not wish to exercise its right of first refusal, the City must offer the opportunity to the Goodwins. The right has a duration of 2 years, ending in June 2007. Other than notification, the City has no other obligation if it chooses to accept the Assignment of this Right of First Refusal. GCD 191 N. Wacker Drive, Suite 3700 Washington, D.C.Milwaukee,WI Gardner Carton & Douglas Chicago, Illinois 60606-1698 Albany, NY Tel 312 569 1000 I Fax 312 569 3000 CHARLES L. BYRUM www.gcd.com (312) 569-1222 Fax: (312) 569-3222 cbyrum@gcd.corn June 28, 2005 OVERNIGHT COURIER Mr. Dan Wagner Assistant Vice President of Public Relations The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, IL 60523 Re: Right-of-First Refusal 20 Acres -Yorkville, Illinois Dear Dan: I deliver to you herewith originals of the following documents: 1. Agreement between Pulte Home Corporation and Daniel Goodwin and Carol Goodwin dated June 14, 2005. 2. Right-of-First Refusal Agreement between Richard Theidel and LaSalle National Bank Association Trust Number 4198 and Pulte Home Corporation dated June 14, 2005. 3. Assignment of the Right-of-First Refusal from Pulte Home Corporation to Daniel Goodwin and Carol Goodwin dated June 14, 2005. Thanks for your help in bringing this matter to conclusion. Very truly yours, Charles L. Byrum CLB/jmp Enclosures Gardner Carton&Douglas LLP CH01/12431064.1 Mr. Dan Wagner June 28, 2005 Page 2 cc: Mr. Matt Cudney(w/encs.) Mr. Joe Segobiano (w/encs.) Mr. Todd Briner (w/encs.) CH01/12431064.1 REV.-CLB-6/13/05 AGREEMENT This Agreement is made and entered into this 14th day of June, 2005 by and between PULTE HOME CORPORATION, a Michigan corporation ("Pulte") of 2250 Point Boulevard, Suite 401, Elgin, IL 60123 and DANIEL GOODWIN and CAROL GOODWIN ("Goodwin") of 2901 Butterfield Road, Oak Brook, IL 60523. WITNES SETH: WHEREAS, Richard Theidel and LaSalle Bank National Association Trust Number 4198 (the "Theidel") are the owners of approximately 285 acres located north of Route 34 in Kendall County, Illinois (the "Subject Property"); and WHEREAS, Goodwin is the owner of certain property ("Goodwin's Property") located on the south side of Route 34 across from the Subject Property; and WHEREAS, the Subject Property has recently been annexed to and zoned by the United City of Yorkville (the "City") as a Planned Development known as Autumn Creek calling for 265 acres to be developed for residential purposes (the "Residential Parcel") and 20 acres to be zoned and developed for commercial purposes (the "Commercial Parcel"); and WHEREAS, Goodwin, through their representatives, have objected to the annexation and zoning of the Subject Property; and WHEREAS, Puke is the contract purchaser of the Residential Parcel from Theidel. In connection with the purchase, Pulte will be given a right-of-first refusal for a period of two (2) years commencing June 9, 2005 to purchase the Commercial Parcel from TheideL Attached hereto as Exhibit A is the form of the Right-of-First Refusal Agreement which will be executed by Pulte and Theidel on or before June 14, 2005. Pulte and Goodwin wish to enter into this CHO1/12428340.3 Agreement whereby Pulte shall assign its interest under the Right-of-First Refusal Agreement to Goodwin and shall covenant not to object to any efforts by Goodwin to cause the Goodwin Property to be annexed to and zoned by the City in return for Goodwin's covenant not to initiate or participate in any litigation seeking to challenge, overturn or set aside the annexation or zoning of the Subject Property or the actions of the City, Theidel or Pulte in connection therewith. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Pulte and Theidel shall enter into the Right-of-First Refusal Agreement on or before Tuesday, June 14, 2005 in the form attached hereto as Exhibit A. Pulte shall assign to Goodwin all right, title and interest of Pulte in and to the Right-of-First Refusal Agreement by executing the Assignment form attached hereto as Exhibit B and delivering it to Goodwin. 2. In consideration for the assignment of the Right-of-First Refusal Agreement, Goodwin for themselves and for their successors and assigns hereby waive any claims they may have with respect to the annexation and/or the zoning of the Subject Property and hereby covenant and agree that they will not initiate or participate in any litigation to challenge, overturn or set aside the annexation and/or zoning of the Subject Property or the actions of the City, Pulte or Theidel in connection therewith. Theidel and the City are hereby made third party beneficiaries of the terms of this Paragraph 2. 3. In further consideration of Goodwin's covenants under Paragraph 2 hereof, Pulte covenants that if Goodwin seeks to cause the Goodwin Property to be annexed to and zoned by the City, Pulte shall not object to or challenge such annexation and zoning. CH01/12428340.3 2 4. If for any reason Pulte fails to deliver to Goodwin a true and correct copy of the executed Right-of-First Refusal Agreement between Pulte and Theidel in the form attached as Exhibit A and an Assignment of such Right-of-First Refusal Agreement in the form attached as Exhibit B by 5:00 p.m. Wednesday, June 29, 2005, this Agreement between Pulte and Goodwin, and any third party beneficiary rights in favor of the City or Theidel, shall automatically be and become null and void. 5. This Agreement may be signed in duplicate counterparts all of which shall constitute one and the same instrument. {SIGNATURE PAGE TO FOLLOW} CHO1/12428340.3 3 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date and year first above written. PULTE: PULTE HOME CORPORATION 7-3')By: Its: Vf' i .iit"�-fi and By: / - Its: j/� G rp CA/1/rz,e, SIT GOODWIN: Daniel Goodwin Carol Goodwin CHOI/12428340.2 4 IN WITNESS WHEREOF, the parties have entered into this Agreement on the date and year first above written. PULTE: PULTE HOME CORPORATION By: Its: and By: Its: GOODWIN: Daniel Goodwin Carol Goodwin CH01/12428340.3 4 EXHIBIT A RIGHT-OF-FIRST REFUSAL AGREEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Richard Theidel and LaSalle Bank National Association Trust Number 4198 ("Grantor") hereby grant to Pulte Home Corporation, a Michigan corporation, ("Grantee") a right-of-first refusal to purchase the 20-acre parcel owned by Grantor on Route 34 in the United City of Yorkville, Kendall County, Illinois (the "Commercial Parcel") on the following terms and conditions: 1. Each and every time as Grantor receives a written offer (the "Original Offer") from a third party to purchase all or any part of the Commercial Parcel from Grantor on terms and conditions that Grantor is willing to accept, Grantor shall notify Grantee and shall deliver a true and correct copy of the Original Offer to Grantee. 2. Grantee shall have a period of thirty (30) days in which to notify Grantor that it shall purchase the Subject Property on the same terms and conditions as are contained in the Original Offer. The notice shall be accompanied by a signed offer from Grantee ("Grantee's Offer") signed by Grantee and which shall contain the same terms and conditions as the Original Offer. 3. Upon receipt of Grantee's Offer, Grantor shall execute Grantee's Offer and the parties shall perform their respective obligations under Grantee's Offer. 4. In the event Grantee does not give notice of the exercise of its rights hereunder and does not submit Grantee's Offer within such thirty (30) day period, then all of Grantee's Exhibit A-Page 1 of 3 CHO1/12428340.3 rights hereunder as to that particular transaction only shall become null and void and Grantee shall have no further interest in and to the Commercial Parcel for that particular transaction, unless said transaction does not close pursuant to the exact terms set forth in the Original Offer. If the terms and conditions of the Original Offer should be changed, then the Grantee's Right-of-First Refusal shall be reinstated. 5. This Agreement and the rights granted hereunder shall expire on June 9, 2007, except for Grantee's rights to accept the terms of any Original Offer where the time period to accept the Original Offer or to close on any transaction where an Original Offer was accepted, would occur after such date and except for the covenants in Paragraph 7 hereof, which shall survive such expiration. 6. This Agreement may be signed in duplicate counterparts, all of which shall constitute one and the same instrument. 7. Grantor acknowledges that this Right-of-First Refusal Agreement may be assigned by Grantee without limitation and that any assignee of Grantee's rights hereunder shall, upon completion of such assignment, have all rights of Grantee hereunder. In the event this Right-of-First Refusal Agreement is assigned by Grantee to Daniel Goodwin and Carol Goodwin, the owner of certain property (the "Goodwin Property") located on the south side of Route 34, across from the Commercial Parcel, then (i) Goodwin may (but shall not be required to) further assign this Right-of-First Refusal Agreement to the United City of Yorkville, and (ii) Grantor shall not object to or challenge any efforts by Goodwin to cause the Goodwin Property to be annexed to and zoned by the City. {SIGNATURE PAGE TO FOLLOW} Exhibit A—Page 2 of 3 CHO1/12428340.3 IN WITNESS WHEREOF, the parties have entered into this Right-of-First Refusal Agreement this day of June, 2005. GRANTOR: LaSalle Bank National Association Trust Number 4198 By: Its: Richard Theidel GRANTEE: Pulte Home Corporation By: Its: and By: Its: Exhibit A—Page 3 of 3 CHOI/12428340.3 EXHIBIT B ASSIGNMENT For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties and pursuant to that certain Agreement dated June 14, 2005 between the parties, Assignor, Pulte Home Corporation, does hereby assign unto Assignee, Daniel Goodwin and Carol Goodwin all right, title and interest in and to that certain Right-of-First Refusal given to Assignor by Richard Theidel and LaSalle Bank National Association Trust Number 4198 attached hereto and Assignee does hereby accept the same. Dated this day of June, 2005. ASSIGNOR: PULTE HOME CORPORATION By: Its: and By: Its: CH01/12428340.3 RIGHT-OF-FIRST REFUSAL AGREEMENT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Richard Theidel and LaSalle Bank National Association Trust Number 4198 ("Grantor") hereby grant to Pulte Home Corporation, a Michigan corporation, ("Grantee") a right-of-first refusal to purchase the 20-acre parcel owned by Grantor on Route 34 in the United City of Yorkville, Kendall County, Illinois (the "Commercial Parcel") on the following terms and conditions: 1. Each and every time as Grantor receives a written offer (the "Original Offer") from a third party to purchase all or any part of the Commercial Parcel from Grantor on terms and conditions that Grantor is willing to accept, Grantor shall notify Grantee and shall deliver a true and correct copy of the Original Offer to Grantee. 2. Grantee shall have a period of thirty (30) days in which to notify Grantor that it shall purchase the Subject Property on the same terms and conditions as are contained in the Original Offer. The notice shall be accompanied by a signed offer from Grantee ("Grantee's Offer") signed by Grantee and which shall contain the same teiiiis and conditions as the Original Offer. 3. Upon receipt of Grantee's Offer, Grantor shall execute Grantee's Offer and the parties shall perform their respective obligations under Grantee's Offer. 4. In the event Grantee does not give notice of the exercise of its rights hereunder and does not submit Grantee's Offer within such thirty (30) day period, then all of Grantee's CHOI/12428340.1 rights hereunder as to that particular transaction only shall become null and void and Grantee shall have no further interest in and to the Commercial Parcel for that particular transaction, unless said transaction does not close pursuant to the exact terms set forth in the Original Offer. If the terms and conditions of the Original Offer should be changed, then the Grantee's Right-of-First Refusal shall be reinstated. 5. This Agreement and the rights granted hereunder shall expire on June 9, 2007, except for Grantee's rights to accept the terms of any Original Offer where the time period to accept the Original Offer or to close on any transaction where an Original Offer was accepted, would occur after such date and except for the covenants in Paragraph 7 hereof, which shall survive such expiration. 6. This Agreement may be signed in duplicate counterparts, all of which shall constitute one and the same instrument. 7. Grantor acknowledges that this Right-of-First Refusal Agreement may be assigned by Grantee without limitation and that any assignee of Grantee's rights hereunder shall, upon completion of such assignment, have all rights of Grantee hereunder. In the event this Right-of-First Refusal Agreement is assigned by Grantee to Daniel Goodwin and Carol Goodwin, the owner of certain property (the "Goodwin Property") located on the south side of Route 34, across from the Commercial Parcel, then (i) Goodwin may (but shall not be required to) further assign this Right-of-First Refusal Agreement to the United City of Yorkville, and (ii) Grantor shall not object to or challenge any efforts by Goodwin to cause the Goodwin Property to be annexed to and zoned by the City. {SIGNATURE PAGE TO FOLLOW} CH01/12428340.1 IN WITNESS WHEREOF, the parties have entered into this Right-of-First Refusal Agreement this / day of June, 2005. GRANTOR: his instrument is executed by tie undersigned Land Trusik.:, lot personally but solely as Trustee i;F the exercise of the power nd authority conferred upon and vested in it as such TryJSt . LaSalle Bank National Association is expressly understood and agreed that all time 1 ctrlfai("=, Trust Number 4198 ma twit noortore+- ';detiiniti s reorresent,ti' n- covenants, undertakings an6 igree,71,ents herein spirt on till part of the Trustee are mdt,.? { }lien by it soie1y in owstity ac Trustee are not G F h a,F /�q � n n is erso~4y. too erso ri 1 Si i�.111'7 k.{.r...personal re s.onsibility is By: tss�!-�s'ted by oi rs hail at an time.S%e � rted�'..t� lNc ea e F�nst the Trustee oil account of a1 y i aMy, a iifili , Its: nTmc4 , oggtik - epreseritation, covanant, undertakingoragmarteOt c Fruskee 41 this instrument. Richard Theidel GRANTEE: Pulte Home Corporation By: Its: and By: Its: CHOI/12428716.1 3 IN WITNESS WHEREOF, the parties have entered into this Right-of-First Refusal Agreement this //lay of June, 2005. GRANTOR: LaSalle Bank National Association Trust Number 4198 By: Its: Richard Theidel GRANTEE: Pulte Home Corporation 6 By: Its: V/ ' 1=�� •2'� and - -�z By: V O I-4v Criv ,7-Cc � T Its: i� T cu Exhibit A-Page 3 of 3 CH01/12428340.2 ASSIGNMENT For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties and pursuant to that certain Agreement dated June 9, 2005 between the parties, Assignor, Pulte Home Corporation, does hereby assign unto Assignee, Daniel Goodwin and Carol Goodwin all right, title and interest in and to that certain Right-of-First Refusal given to Assignor by Richard Theidel and LaSalle Bank National Association Trust Number 4198 attached hereto and Assignee does hereby accept the same. Dated this 1 day of June, 2005. ASSIGNOR: PULTE HOME CORPORATION By: 0 Its: UP ��ti�✓Cc and By: i, ) Its: Lr n L-Arir,,- 'i CH01/12428340.2 ASSIGNMENT OF CONTRACT RIGHT FOR VALUE RECEIVED, the undersigned, Daniel Goodwin and Carol Goodwin, hereinafter collectively the "Assignors," do hereby assign all of the Assignor's right, title and interest to the United City of Yorkville (the "Assignee"), to that certain "Assignment" dated June 14, 2005, which in turn granted to the Assignors rights in a certain "Right of First Refusal Agreement" dated June 14, 2005, by and between Richard Theidel and LaSalle National Bank Association Trust Number 4198, as Grantor, and Pulte Home Corporation, as Grantee, concerning a right of first refusal to purchase a 20 acre parcel owned by the Grantor thereunder on Route 34 in the United City of Yorkville, Kendall County, Illinois, and Assignee does hereby accept the same. As partial consideration for this Assignment, the Assignee agrees to notify the Assignor in writing each and every time the Assignee has been notified that it has a right to exercise its right of first refusal to purchase the aforesaid property. Further, in the event the Assignee does not wish to exercise its right of first refusal pursuant to such rights and privileges set forth in the "Right of First Refusal Agreement," then the Assignee agrees that it will offer such right to the Assignors, which Assignors may, in their absolute discretion, accept or reject. Only in the event that the Assignors elect not to exercise such rights shall the Assignee be allowed to further transfer or assign this right to another third party. Dated this day of June, 2005 ASSIGNOR: Daniel Goodwin Carol Goodwin ASSIGNEE: UNITED CITY OF YORKVILLE By: Its: 1542512-1 STATE OF ILLINOIS > )ss DRAFT COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING ASSIGNMENT OF CONTRACT RIGHT FOR RIGHT OF FIRST REFUSAL FOR 20 ACRE PARCEL (North side of Rt. 34 between Countryside Parkway and Bristol Ridge Road) WHEREAS, the City Council of the United City of Yorkville has considered accepting a grant of Right of First Refusal via an Assignment of the Contract Right to the grant, and WHEREAS, a copy of said Assignment of Contract Right, and the accompanying Agreements are attached hereto and incorporated herein as Exhibit"A"; and WHEREAS, said Right of First Refusal may be exercised at the sole discretion of the United City of Yorkville upon the terms of the agreement, but, the United City of Yorkville has no obligation to exercise said Right of First Refusal, and WHEREAS, the United City of Yorkville has no financial obligation in accepting the Right of First Refusal, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Agreement in the form set forth in Exhibit"A"is hereby accepted, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE 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 r t_ caro United City of Yorkville Memo jg 800 Game Farm Road w. EST.IN 881 1836 Yorkville, Illinois 60560 �=— Telephone: hone: 630-553-4350 L ' Fax: 630-553-7575 ÷ K Cam 41<C E `Vv Date: July 29, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney CC: Anton Graff, City Administrator Subject: Lee Farm, Montalbano Homes This parcel is at the Southeast corner of Ament and Penman Roads. It is southeast of the existing city boundary, and it is not yet contiguous. The developer has provided an updated Annexation Agreement for the council to review and to provide comment. The developer does not seek approval at this time, only input. To the developer's credit, they are attempting to resolve all issues before the parcel becomes contiguous. I will note that the provision for road contribution (just submitted by the developer) will undergo considerable change to bring it into conformity with City standard practice for both road contribution and improvement of perimeter roads (Ament and Penman). DRAFT 7/26/05 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF CONIFER GROUP, LLC AND MONTALBANO BUILDERS, INC. 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", the owners of record CONIFER GROUP, LLC, herein referred to as "RECORD OWNER" or "OWNER", and MONTALBANO BUILDERS, INC. herein referred to as "DEVELOPER". WITNES SETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 155 acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence with a special use permit for a Planned Unit Development District; and 1 WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY have 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 storm water 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 Statues; 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 / Planned Unit Development District as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit "B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and 2 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 to occur upon the Property being contiguous to the CITY 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 statues; 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 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 an in accordance with the aforesaid statutes of the State of Illinois,the parities agree as follows: 1. ANNEXATION. OWNER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the CITY of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 3 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 with a Special Use Permit for a Planned Unit Development District. B. Contemporaneously with the Annexation of the PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the CITY Council of the UNITED CITY OF YORKVILLE, and from time to time as amended, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. D. Preliminary Plan. The CITY hereby approves the Preliminary Plan attached hereto as "Exhibit C", prepared by CemCon. 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 4 Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY'S acceptance thereof, which 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. 5 4. POTABLE WATER SUPPLY, SANITARY SEWER AND PERIMETER ROAD IMPROVEMENTS A. The CITY represents to OWNERS and DEVELOPER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. B. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use within their respective parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally, the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 4. B. arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the SUBJECT PROPERTY. 6 C. The CITY represents to OWNER and DEVELOPER that neither OWNER nor DEVELOPER shall become liable to the CITY or any other party for recapture upon the annexation and / or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and / or storage facilities that may serve the SUBJECT PROPERTY, provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees. D. The parties acknowledge that the CITY is currently preparing plans for the design and construction of improvements to Ament Road, which abut the SUBJECT PROPERTY. The CITY shall construct the improvements to these roads, which shall include underground crossings where lines and mains for sanitary sewer, water, storm sewer and other utilities may be extended across said roads in the future. A sample cross-section depicting the level of road improvement is attached as Exhibit D. In order to enable the CITY to pay for the cost of such improvements, DEVELOPER shall prepay the Perimeter Road Fee due for the Residential Parcel in the amount of Five Hundred Eighty-Six Thousand Dollars ($586,000.00), being the sum of Two Thousand Dollars ($2,000.00) multiplied by the number of dwelling units contained in the Preliminary PUD Plan. The prepayment shall be paid in increments, with each increment being due and payable within thirty (30) days after each draw request is made under the contract or contracts let by the CITY for the design and construction of the roads, with DEVELOPER's total payment not to exceed $586,000.00. To the extent the Road Improvement cost exceeds $586,000.00, DEVELOPER shall advance such excess costs and shall be reimbursed as follows: 1) To the extent the CITY has 7 collected perimeter road fees from the DEVELOPER of the land north of and across the street from the SUBJECT PROPERTY the same will be utilized to reimburse DEVELOPER for such excess costs as a condition of development approval and such recovery dollars shall be paid to DEVELOPER prior to plat recordation; and 2) to the extent the CITY has not collected perimeter road fees from the DEVELOPER of the land north of and across the street from the SUBJECT PROPERTY, the CITY will adopt a recapture ordinance for the benefit of the DEVELOPER which shall provide that the excess road costs will be recaptured from the adjacent property owner as a condition of development approval and that such recapture shall be paid to DEVELOPER prior to plat recordation. The CITY shall not withhold permits or approvals for any portion of the SUBJECT PROPERTY if the road improvements are not completed by the CITY. 5. DONATIONS AND CONTRIBUTIONS. A. The DEVELOPER shall pay all fees as specifically listed on the attached Exhibit "E". 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 all school and park land-cash fees and provide land dedication as required under existing CITY Ordinances at the election of the CITY, as follows: 8 1. DEVELOPER agrees to dedicate a 10-acre combined Park and School Site at the location as shown on the Preliminary Plan attached hereto and incorporated herein by reference as "Exhibit C". The ten (10) acre site will be divided into a six (6) acre Park Site and a four (4) acre school site, as determined by the CITY. In the event the School / Park Site configuration is not determined at the time of final plat approval, the site will be dedicated to the CITY. 2. PARK CONTRIBUTION — The DEVELOPER'S Park contribution shall consist of 6.00 acres of land (the "Land Contribution") and Three hundred ninety-nine thousand Dollars ($399,000.00) (the 'Cash Donation"). The DEVELOPER shall construct certain park improvements, including the installation of playground equipment and park improvements, subject to the design criteria set forth in writing by the Parks Department and provided to the DEVELOPER no later than six (6) months after the annexation of the subject property by the CITY. The improvements shall be completed within eighteen (18) months from the Annexation of the subject property by the CITY, subject to adverse weather conditions. The sum of Three-hundred ninety-nine thousand dollars ($ 399,000.00) (the "Improvement Funds") of the cash contribution shall 9 be withheld by the DEVELOPER, for purposes of funding construction of such improvements: (a) if the actual cost thereof has exceeded the amount of the Improvement Funds, the CITY / Parks Department shall credit DEVELOPER for the difference at such time as DEVELOPER applies for building permits for the construction of residential dwelling units on the subject property; or (b) if the actual cost thereof is less than the amount of the Improvement Funds, DEVELOPER shall pay the balance to the Parks Department upon the Parks Department's acceptance of the improvements. 3. SCHOOL CONTRIBUTION - The Yorkville Community School District #115 has indicated to DEVELOPER that it seeks satisfaction of Land/Cash Contribution by a land and cash donation as set out in the Letter attached hereto and incorporated herein by reference as"Exhibit F". 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. 10 C. In the event that 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 agree 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. D. Upon annexation, police protection; 911 service, and library service will be provided by the CITY. 6. SECURITY INSTRUMENTS. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the CITY, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion as to whether an 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 in the Security Instruments is at least equal to one hundred ten percent (110%) of the 11 cost to complete the remaining public improvements for the applicable Phase of Development. The perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development upon the mutual agreement of the CITY and DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC IMPROVEMENTS. The public improvements constructed 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, subject to force majeure. 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 over sizing said lines including costs for deepening said lines and any corresponding engineering fees.. In the event DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement 12 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 over sizing is required, the CITY and DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. DEVELOPER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the CITY's International Standards Organization (ISO) 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 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 13 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 shall 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, 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 14 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 no 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 15 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. 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 "E". At the expiration of this four year term, the CITY shall give the OWNERS and/or DEVELOPER a one (1) year grace period from the date they are notified of 16 any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 11. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. 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. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the PROPERTY as per applicable City Ordinances. 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 17 person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY STAFF. 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, and no occupation or use of any production dwelling 18 units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. DEVELOPER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer DEVELOPER shall submit an exhibit of the sales trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional 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 the 19 development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last final occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated easements and rights-of-way. 15. HOMEOWNER'S ASSOCIATION a. DEVELOPER shall establish a Homeowner's Association for all lot owners. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of the common areas shown on any final plat. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Area and any entryway signs, monuments and landscaping and detention ponds. b. In order to provide for the maintenance of the Subdivision signage, common areas and open space and private pedestrian paths, as shown on the approved Preliminary Plan, attached as Exhibit "C", 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. 20 16. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with the DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Concept Plan and in this Agreement, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon the DEVELOPER's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the 21 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 six feet (6') of bounce in any storm water management facility. 17. MASS GRADING. Pursuant to the existing CITY ordinance on the date of execution of this Agreement, the CITY agrees to allow the DEVELOPER to begin mass earthwork before final plat approval, but only after review and approval of the final engineering grading plan for the PROPERTY. DEVELOPER shall submit an erosion / sediment control plan for review and approval, and shall comply with all CITY and Illinois EPA requirements. DEVELOPER agrees to post any necessary bond for said work with the CITY prior to commencement of operations. 18. 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. 22 19. 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 Wyeth 800 Game Farm Road Yorkville, IL 60560 DEVELOPER: Montalbano Builders, Inc. 2208 Midwest Road Oak Brook, IL 60523 DEVELOPER'S ATTORNEY: Michael McGurn General Counsel Montalbano Builders, Inc. 2208 Midwest Road Oak Brook, IL 60523 23 RECORD OWNERS: Conifer Group, LLC 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 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 24 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 lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, 25 portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not 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 26 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, agreement, 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. 27 22. USE OF PROPERTY FOR FARMING/ ZONING Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes,regardless of the underlying zoning. IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: Mayor Attest: CITY Clerk RECORD OWNERS: DEVELOPER: By: Attest: 28 4:'�tia �r® United City of Yorkville Memo #112,.,7-.- '� 800 Game Farm Road EST. NF' ' 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 ®� '��'Ft)— -<-- p� Fax: 630-553-7575 4Kencla County. .4* 1<LE e‘>" Date: August 2, 2005 To: Mayor and City Council From: Liz D'Anna, Administrative Assistant RE: PC 2005-30 Ocean Atlantic - Rosenwinkel Property - Amendment to Annexation Agreement (8/2/05 COW Agenda Item - EDC #7) CC: Department Heads Please add the attached draft of the "First Amendment to Annexation Agreement of Michael and Tamara Rosenwinkel" to your packets for this evening's meeting. Thank you, (, r� t* I flAFT STATE OF ILLINOIS ) )ss [ 4o . COUNTY OF KENDALL ) FIRST AMENDMENT TO ANNEXATION AGREEMENT OF MICHAEL ROSENWINKEL AND TAMARA ROSENWINKEL SAID AGREEMENT HAVING BEEN APPROVED BY THE UNITED CITY OF YORKVILLE AS DOCUMENT#2000-42 NOW COMES MICHAEL ROSENWINKEL and TAMARA ROSENWINKEL, OWNERS of real property as described in the attached Exhibit "A" which was previously the subject of a written Annexation Agreement approved and recorded together with an Ordinance annexing the real property described therein pursuant to Ordinance 2000-42, hereinafter referred to as "OWNERS", OCEAN ATLANTIC CHICAGO LLC, hereinafter referred to as "PETITIONER" and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation hereinafter referred to as "CITY", who do hereby enter into this First Amendment to Annexation Agreement in consideration of the Covenants, Conditions, and Agreements contained as follows: WITNESSETH WHEREAS, OWNERS previously executed a Petition to Annex the real property described in the attached Exhibit "A" and Zoned the same as M-1 Light Manufacturing District pursuant to a request by the UNITED CITY OF YORKVILLE to increase the boundaries of the UNITED CITY OF YORKVILLE for the purpose of enhancing industrial development; and WHEREAS, since the adoption and passage of said Ordinance#2000-42 by the UNITED CITY OF YORKVILLE in the calendar year 2000, no interest has been expressed by any industrial user in the subject property; and further the UNITED CITY OF YORKVILLE has rezoned the adjoining parcel of real property by Yorkville Business Park from M-1 Light Manufacturing to R-2 (PUD) Residential District now commonly known as "Caledonia Subdivision"; and WHEREAS, there formally was a Special Use Permit anticipated to be granted within the UNITED CITY OF YORKVILLE pursuant to its one and one-half mile planning jurisdiction on the North side of Corneils Road to a subsidiary for Enron Corporation for purposes of establishing an electric peeker plant which has now been terminated due to the failure of the Enron Partnership exercising its Option to Purchase said land, and the Special Use Permit having lapsed and been revoked by the County of Kendall; and WHEREAS, the UNITED CITY OF YORKVILLE is currently preparing a Comprehensive Plan which shows the subject property to become residential in nature as well as the property to the North that is contiguous and adjoining becoming a residential planned area for purposes of future development in conformance with said Comprehensive Plan in the UNITED CITY OF YORKVILLE; and WHEREAS, OWNERS and PETITIONER have requested the UNITED CITY OF YORKVILLE in a written Application and Public Hearing to be held on August 9, 2005 to change their respective zoning of the real property described in the attached 2 Exhibit"A" from M-1 to R-4 Zoning, subject to specific terms and conditions recommended by the Plan Commission of the UNITED CITY OF YORKVILLE hereinafter embodied in this First Amendment to Annexation Agreement; and WHEREAS, OWNERS have dedicated substantial value to the CITY in terms of easements requested by the CITY, and have participated in the orderly development of the UNITED CITY OF YORKVILLE as requested of OWNERS by the CITY: NOW THEREFORE, upon the written Petition of OWNERS and PETITIONER and after due consideration by the City Council and Plan Commission of the UNITED CITY OF YORKVILLE, the parties hereto hereby agree to amend the original Annexation Agreement approved in Ordinance #2000-42 as follows: 1. That the recitals set forth above herein become an integral part of this Agreement and are incorporated herein as Terms, Covenants, and Conditions of this Agreement. 2. That the UNITED CITY OF YORKVILLE agrees to rezone the subject property R-4 General Residence District upon compliance with the following specific terms and conditions recommended by the Plan Commission of the UNITED CITY OF YORKVILLE and adopted by the City Council of the UNITED CITY OF YORKVILLE: a. That Petitioner shall comply with all Ordinance and Regulations as to the processing of a Planned Unit Development, Preliminary Plat approval, Engineering approval, and Final Plat approval and develop the subject property when it submits for actual 3 development approval under a Planned Unit Development Agreement. b. That the predominant percentage of acreage on the subject parcel of real property shall be developed with single family residences, consisting of at least forty-eight percent (48%) consisting of fifty- two acres of the acreage contained in the subject parcel. c. That the subject parcel shall contain thirty percent (30%) open space which shall include a six acre park site, and clubhouse as outlined in the Concept drawing which is attached hereto and incorporated herein as Exhibit"B". d. That Petitioners shall not seek approval for more than twenty-eight (28) acres of the subject site, which represents twenty-two percent (22%) of the subject site for Townhome Units buffering the exiting manufacturing areas of Yorkville Business Park, not exceeding 275 Townhome Units, as set out in the attached Exhibit"B". e. That Petitioner agrees that as a condition of the Planned Unit Development approval, no apartment units shall be proposed or approved for any area within the subject property. f. That Petitioner shall comply with all park dedication requirements under the terms of the UNITED CITY OF YORKVILLE Zoning and Subdivision Ordinances. 4 3. In all other respects the original Annexation Agreement as to the subject property shall remain in full force and effect, and is hereby ratified and confirmed as to the subject real property. 4. This Agreement shall be binding upon the Successors, Heirs and Assigns of each party hereto. 5. If any portion of this Agreement is determined to be invalid, the remaining portions thereof shall be in full force and effect between OWNERS, PETITIONER, and the CITY. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement this day of , 2005. OWNER: Dated: MICHAEL ROSENWINKEL Dated: TAMARA ROSENWINKEL DEVELOPER: By: Dated: Manager 5 UNITED CITY OF YORKVILLE By: Mayor ATTEST: City Clerk Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 6 ( Ct 1(A CC Pt), STATE OF ILLINOIS ) Revised July 26, 2005 )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND GCM PROPERTIES, LLC DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of March, 2005 by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and GCM PROPERTIES, LLC (the "DEVELOPER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to enter into this Agreement. The DEVELOPER has purchased and intends to develop the real property located south of Route 34 and known as Lot 2 Fox Hill and legally described in Exhibit "A" (the "Property") for commercial uses ("Development Project") subject to a zoning ordinance enacted by the CITY. DEVELOPER has demonstrated to the CITY's satisfaction that the DEVELOPER has the experience and capacity to complete the Development Project. The DEVELOPER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the DEVELOPER would not undertake the Development Project. The DEVELOPER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay DEVELOPER its Reimbursable Improvements (defined later), all as provided in this Agreement. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remained vacant for at least one year; -1- That the Development Project is expected to create job opportunities within the municipality; That the Development Project will serve to further the development of adjacent areas; That without this Agreement, the Development Project would not be reasonably possible given the off-site costs imposed by the Illinois Department of Transportation; That the DEVELOPER meets high standards of creditworthiness and financial strength; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base of the CITY; That this Agreement is made in the best interest of the CITY; and Pursuant to the Illinois Municipal Code, as amended ("Code"), the CITY has authority to enter into an economic incentive agreement relating to the development of land within corporate limits, including an agreement to share or rebate a portion of the retailer's occupation taxes received by the CITY that are generated by the development. Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the DEVELOPER for its Reimbursable Improvements. In reliance upon the CITY's representations p A p and covenants contained in and subject to the terms and conditions of this Agreement, the DEVELOPER intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and to enter into construction contracts and other agreements as necessary. This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the DEVELOPER to undertake the Development Project; in consideration of the DEVELOPER's agreement to undertake the Development Project and the CITY's agreement to reimburse the DEVELOPER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the DEVELOPER and the CITY hereby agree as follows: Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. -2- Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent (50%) portion of the CITY's allocated portion of sales tax revenue as set forth herein to DEVELOPER or as assigned in writing by DEVELOPER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the"Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement. Development Incentive Reimbursement. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement costs (defined below) out of 50% of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include simple interest of five percent (5%) per annum on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first store (or other business operator) on the Property. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of fen ( I(i) ' L't ,.li`_ 11'0111 'ir,t f) let-hint Ll lie In the event DEVELOPER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the right to recovery shall terminate earlier than the previous stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include, but are not limited to, the following: Illinois State Route 34 roadway expansions and tapers, off-site widening, resurfacing and improvements to Illinois State Highway on Route 34 intersecting at Sycamore Street at the property East and running approximately `/ mile West, as disclosed in the attached Exhibit"A" of approximately $83,825.00; and The CITY shall distribute the sales tax revenue generated by any Generator as follows: 50% to the DEVELOPER, or as directed by the DEVELOPER; -3- 50%to the CITY; Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross sales, and located within the State of Illinois, that is collected by the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the DEVELOPER as set out in this Agreement. The "quarterly installment payment" shall mean an amount equal to one-half(1/2) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the DEVELOPER will be due and payable solely from one-half (1/2) of the sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the DEVELOPER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following construction of the Reimbursable Improvements, DEVELOPER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date. The terms of this Agreement shall be for Twelve (12) years commencing upon the completion of said improvement. Sources of Funds to Pay Reimbursable Development Project Costs. Funds necessary to pay for the Incentives are to be solely derived from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. In order to comply with the terms of this Agreement, DEVELOPER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event DEVELOPER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the DEVELOPER. -4- Assignability. It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8- 11-20 (2002) are assignable at the option of the DEVELOPER. Upon such written assignment by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER. Reimbursement Procedures. Sales Tax Reports. DEVELOPER agrees to cause all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, DEVELOPER and all Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, DEVELOPER shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying sales tax revenues collected pursuant to this Agreement. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to DEVELOPER and/or DEVELOPER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(l)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by DEVELOPER or Generators or obtained from DEVELOPER's or Generator's records in connection with this Agreement, and in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in -5- confidence such information to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. Audit. Each payment by the CITY to DEVELOPER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments made to date to DEVELOPER. DEVELOPER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. DEVELOPER shall have the right to review all sales tax reports provided to the CITY by the state relating to any Generator upon two days written request by DEVELOPER. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten (10) days in the case of a monetary default, or within thirty (30) days in the case of a non-monetary default, from notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate DEVELOPER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. -6- Additional Covenants. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Developer: GCM Properties, LLC 12046 Flint Dr. Homer Glen, IL 60491 To Developer's Attorney: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 With copies to: Attorney John Wyeth United City of Yorkville Offices 800 Game Farm Rd. Yorkville, IL 60560 Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf. Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein -7- otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, By: _ By: MAYOR GCM PROPERTIES, LLC Attest: Dated: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -8- • STATE OF ILLINOIS ) Revised July 26, 2005 )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND GCM PROPERTIES, LLC DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of March, 2005 by and between THE UNITED CITY OF YORKVILLE, an Illinois corporation located in Kendall County (the "CITY") and GCM PROPERTIES, LLC (the "DEVELOPER"). RECITALS The CITY is an Illinois municipality and hereby enters into this Agreement pursuant to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to enter into this Agreement. The DEVELOPER has purchased and intends to develop the real property located south of Route 34 and known as Lot 2 Fox Hill and legally described in Exhibit "A" (the "Property") for commercial uses ("Development Project") subject to a zoning ordinance enacted by the CITY. DEVELOPER has demonstrated to the CITY's satisfaction that the DEVELOPER has the experience and capacity to complete the Development Project. The DEVELOPER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the DEVELOPER would not undertake the Development Project. The DEVELOPER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined later) it receives from the Development Project to repay DEVELOPER its Reimbursable Improvements (defined later), all as provided in this Agreement. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remained vacant for at least one year; -1- That the Development Project is expected to create job opportunities within the municipality; That the Development Project will serve to further the development of adjacent areas; That without this Agreement, the Development Project would not be reasonably possible given the off-site costs imposed by the Illinois Department of Transportation; That the DEVELOPER meets high standards of creditworthiness and financial strength; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base of the CITY; That this Agreement is made in the best interest of the CITY; and Pursuant to the Illinois Municipal Code, as amended ("Code"), the CITY has authority to enter into an economic incentive agreement relating to the development of land within corporate limits, including an agreement to share or rebate a portion of the retailer's occupation taxes received by the CITY that are generated by the development. Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the DEVELOPER for its Reimbursable Improvements. In reliance upon the CITY's representations and covenants contained in and subject to the terms and conditions of this Agreement, the DEVELOPER intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and to enter into construction contracts and other agreements as necessary. This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the DEVELOPER to undertake the Development Project; in consideration of the DEVELOPER's agreement to undertake the Development Project and the CITY's agreement to reimburse the DEVELOPER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the DEVELOPER and the CITY hereby agree as follows: Incorporation of Recitals. The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. -2- Creation of Economic Incentive Agreements. The CITY acknowledges that an economic incentive agreement for the subject commercial property within the Property will provide incentives for development within the Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its assigns, pursuant to 65 ILCS 5/8-11-20 (2002) or any other statutory means, enact all ordinances and execute all agreements to share or rebate a fifty percent (50%) portion of the CITY's allocated portion of sales tax revenue as set forth herein to DEVELOPER or as assigned in writing by DEVELOPER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the "Generator". The CITY acknowledges that its agreement to execute this Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into this Agreement. Development Incentive Reimbursement. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall be repaid 100% of its Reimbursable Improvement costs (defined below) out of 50% of sales tax generated by any "Generator" on the Property or any additional property purchased by DEVELOPER, as evidenced by paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include simple interest of five percent (5%) per annum on the Reimbursable Improvement calculation for the balance of Reimbursable Improvements incurred by DEVELOPER. Interest shall be calculated annually and shall commence with the Certificate of Occupancy being issued to the first store (or other business operator) on the Property. DEVELOPER shall be entitled to recover up to the total amount of the Reimbursable Improvement calculation plus interest for a period of ten (10) years commencing from the date of the first occupancy by a tenant in the subject development. In the event DEVELOPER recovers its full Reimbursable Improvement plus interest calculation prior to that expiration time, the right to recovery shall terminate earlier than the previous stated expiration date. In the event DEVELOPER has not received all of its Reimbursable Improvements calculation and interest upon said expiration date, the Agreement shall be treated as expired. Interest shall not be compounded. These Reimbursable Improvements include, but are not limited to, the following: Illinois State Route 34 roadway expansions and tapers, off-site widening, resurfacing and improvements to Illinois State Highway on Route 34 intersecting at Sycamore Street at the property East and running approximately 1/4 mile West, as disclosed in the attached Exhibit"A" of approximately $83,825.00; and The CITY shall distribute the sales tax revenue generated by any Generator as follows: 50%to the DEVELOPER, or as directed by the DEVELOPER; -3- 50% to the CITY; Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross sales, and located within the State of Illinois, that is collected by the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its assignee the quarterly installment payments made to the CITY by the Illinois Department of Revenue within thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the Reimbursable Improvements and applicable interest are paid to the DEVELOPER as set out in this Agreement. The "quarterly installment payment" shall mean an amount equal to one-half('/2) of the sales tax revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property. All amounts paid to the DEVELOPER will be due and payable solely from one-half(1/2) of the sales tax revenues received by the CITY from any Generator's sales for the preceding calendar quarter. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the DEVELOPER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following construction of the Reimbursable Improvements, DEVELOPER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date. The terms of this Agreement shall be for Twelve (12) years commencing upon the completion of said improvement. Sources of Funds to Pay Reimbursable Development Project Costs. Funds necessary to pay for the Incentives are to be solely derived from the additional sales tax generated by the Generators. This pledge of additional sales tax revenues hereby is approved by the CITY. In order to comply with the terms of this Agreement, DEVELOPER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event DEVELOPER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty to remit sales tax proceeds from that commercial retailer to the DEVELOPER. -4- Assignability. It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8- 11-20 (2002) are assignable at the option of the DEVELOPER. Upon such written assignment by the DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the Development Agreements, this Ordinance and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any Lot is sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to the Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER. Reimbursement Procedures. Sales Tax Reports. DEVELOPER agrees to cause all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, DEVELOPER and all Generators shall be responsible for any further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, DEVELOPER shall cause Generators to, contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said Department of Revenue or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying sales tax revenues collected pursuant to this Agreement. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to DEVELOPER and/or DEVELOPER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by DEVELOPER or Generators or obtained from DEVELOPER's or Generator's records in connection with this Agreement, and in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in -5- confidence such information to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. Audit. Each payment by the CITY to DEVELOPER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer's designee shall further issue a statement setting forth all payments made to date to DEVELOPER. DEVELOPER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. DEVELOPER shall have the right to review all sales tax reports provided to the CITY by the state relating to any Generator upon two days written request by DEVELOPER. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten (10) days in the case of a monetary default, or within thirty (30) days in the case of a non-monetary default, from notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. No Obligation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate DEVELOPER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. -6- Additional Covenants. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Developer: GCM Properties, LLC 12046 Flint Dr. Homer Glen, IL 60491 To Developer's Attorney: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 With copies to: Attorney John Wyeth United City of Yorkville Offices 800 Game Farm Rd. Yorkville, IL 60560 Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein -7- otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation, By: By: MAYOR GCM PROPERTTFS, LLC Attest: Dated: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -8- Page 1 of 1 Liz D'Anna From: Dugganjpd@aol.com Sent: Tuesday, July 19, 2005 11:08 AM To: mmunns@yorkville.il.us; vburd@yorkville.il.us;jbesco@jorkville.il.us;jleslie@yorkville.il.us; aprochaska@yorkville.il.us Cc: tgraff@yorkville.il.us; Idanna@yorkville.il.us; mike@ schoppedesign.net;jwyeth@yorkville.il.us Subject: Hamman Special Use for Asphalt Plant, PC 2005.4 Ladies and Gentlemen, I am attaching the report of Dr. Michael Ames of Cambridge Environmental in connection with the Hamman Special Use application for an asphalt plant in the Lincoln Prairie Yorkville Industrial Park for the July 21, 2005 Economic Development Committee Meeting at 7:00 pm City Hall Conference Room Dr. Ames was recommended to Mr. Hamman by the National Asphalt Paving Association due to his extensive research and expertise in air sampling and atmospheric particulate propagation as it relates to asphalt plant emissions. Dr. Ames has evaluated the prevailing weather, the proposed plant design and the location of the plant. He concludes that the potential for objectionable odors from the proposed plant to off-site residence is very small because the new plant design captures and recycles volatile gases released in the hot-mix asphalt production process, and the distance from the proposed plant to homes in the residence in the area of the plant makes the prospect of nuisance level emissions very unlikely. The prevailing high winds in the locality(weather data shows that winds blow at greater than 5 knots 87% of the time) will disperse any fugitive particulate. Moreover, air quality studies of asphalt plant emissions have shown that it is close to impossible for hydrogen sulfide levels to reach nuisance threshold levels from a new designed asphalt plant at the distances involved in this application. We will drop off hard copies of this report for the EDC today. John P Duggan 181 S. Lincolnway North Aurora, IL 60542 phone 630-264-7893 cell 630-222-2223 fax 630-264-1310 e-mail: dugganjpd@aol.com 7/19/2005 Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgcEnvironmental.com July 8,2005 Donald J. Hamman 6110 Route 71 Oswego. Illinois 60543 Dear Mr. Hamman. As requested by you and John Duggan. I have written a brief report on the potential for off-site odors to occur from your proposed hot-mix asphalt facility in Yorkville, Illinois. This letter report is intended to assist the Yorkville Planning Committee in their assessment of these issues. If you have questions or comments on any items in this letter please feel free to contact me by phone at 617-225-0810 extension 24, by fax at 617-225-0813, or by e-mail at Ames@CambridgeEnvironmental.com. Thank you for the opportunity to assist you with this matter. Sincerely. Michael Ames. Sc.D. Senior Engineer Donald J. Hamman Page 1 July 8.2005 Issues related to potential off-site odors near the proposed Hamman Hot-Mix Asphalt facility in Yorkville, Illinois Mr. Don Hamman is proposing to build a hot-mix asphalt facility at a site in Yorkville. Illinois on property previously owned by Commonwealth Edison Company. The site is between Edelman Road approximately 900 yards to the west. Beecher Road approximately 220 yards to the east, Cornelis Road approximately 1400 yards to the north, and Faxon Road and the Chicago Burlington Quincy Railroad approximately 175 yards to the south. Officials from the Town of Yorkville have expressed concern that operation of the asphalt facility will result in the presence of nuisance odors at nearby residences. In brief,the potential for objectionable odors to exist at the off-site homes near the proposed hot- mix asphalt facility is small for two primary reasons. First the proposed facility will employ a modern two drum design with a volatile gas collection system that should greatly reduce the emissions of odorous compounds in comparison with older hot-mix asphalt facilities. Second, the nearest residences are fairly far from the facility. which should provide adequate distance for the dispersion and dilution of any odorous emissions. In addition, there are very few residences in the surrounding area. so that emissions could only reach homes when the winds are blowing from a few directions. Several issues relating to hot-mix asphalt facilities and potential odors will be discussed in this letter report: these issues are: The primary sources of odors at these plants,with special attention to design details used at the proposed facility that will greatly reduce these emissions: Relevant properties of the principal odorant. hydrogen sulfide: Local factors that influence the dispersion and dilution of emitted compounds:and The overall results of a recent study of hydrogen sulfide and odors near a hot-mix asphalt facility and a bulk asphalt cement transfer terminal. Introduction and Background Hot-mix asphalt is a familiar material also known as blacktop. macadam. or tarmac. It is used for the paving of roads. driveways. parking lots,etc. The National Asphalt Pavers Association (NAPA) estimates that more than 94 percent of the nation's streets and highways are paved with asphalt. Asphalt is made from crushed rock or aggregate and asphalt cement, which is a mixture of petroleum compounds produced by oil refineries; about 95 percent of the total weight of asphalt pavement is aggregate. and a large amount of asphalt that is removed from roadways prior to repaving is recycled into new asphalt(the NAPA website is http://www.hotmix.org). Hot-mix asphalt plants heat the aggregate to dry it and then combine this material with the asphalt cement. Both the asphalt cement and the end product need to be kept heated so that they will not solidify. Once mixed. the hot asphalt is conveyed to storage silos, from which it is loaded onto trucks for delivery to construction sites for highways, parking lots and residential Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Donald J.Hamman Page 2 July 8, 2005 areas. Hot-mix asphalt is usually produced at temperatures between 300 and 325 degrees. and needs to be applied at no less than about 250 degrees. It therefore needs to be produced relatively close to where it is needed. This is why hot-mix asphalt is produced at many small facilities rather than at a few large ones. Hot-mix asphalt plants are industrial facilities, and as such the equipment and processes they use have the potential to release pollutants to air and surface water,or to cause objectionable conditions away from the facility. Not surprisingly. some existing hot-mix asphalt plants have led neighbors of those plants to complain of odors. noise, or other impacts to the environment; while other facilities have operated for many years without causing these conditions. Because hot-mix asphalt is used so widely. many people have been near hot asphalt as it is being applied, and they are thus familiar with asphalt's particular odor. The need for hot-mix asphalt to be produced near where it will be used generally prevents asphalt mixing facilities from being situated in remote locations. When asphalt mixing facilities are sited in the vicinity of homes or businesses, people often have concerns that odors will occur in the surrounding neighborhoods. The extent to which such conditions do occur depends on the details of each facility and its location. In general. there are three sets of factors that determine the nature and size of the impacts of a hot-mix asphalt plant on its environs. The first and most important set of factors relate to the plant's design. operation, and maintenance. Experience has shown that a well designed, properly run hot-mix asphalt plant can be operated in an environmentally benign manner. The second important factor is the age of the plant. All other things being equal, older plants can be expected to have more problems than modem plants. Just as older cars tend to pollute ambient air more than newer cars,so older hot-mix asphalt plants—unless they have been quite well maintained and retrofitted with modern,air pollution control devices—tend to emit more pollutants per ton of asphalt produced than newer ones. The third factor is related to the conditions that surround the facility such as how close the nearest homes are to the plant. what the local topography is like, and the nature of the prevailing meteorological conditions. Emissions from Hot-Mix Asphalt Facilities There are three main sources of pollutant emissions from a hot-mix asphalt facility:combustion products from the fuels used to dry the aggregate and heat the asphalt,dust emitted during the moving and drying of the aggregate. and volatile gases emitted from the hot asphalt cement and final mixed asphalt. Combustion products and dusts from the dryers are ducted through pollution control devices such as particulate matter filters or `bag houses', compounds not captured by these devices are emitted from the plant's main stack. Most of the materials emitted from a typical asphalt plant are from these ducted sources. Because the proposed hot-mix asphalt facility will be primarily fueled by natural gas the combustion product emissions will be very low. Volatile emissions can evolve from the liquid asphalt in its storage tanks, when it is mixed with the aggregate. while it is in the hot-mix asphalt storage silos, and during hot-mix asphalt loadout. If these volatile gases are released to the atmosphere without being ducted through any Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 mvw.CatnbridgeEnvironmental.com Donald J. Hamman Page 3 July 8,2005 air pollution control devices or the facility's stack they are referred to as fugitive emissions. The fugitive emissions from the hot-mix storage silos, tend to be the largest of the fugitive sources followed by emissions from the asphalt cement storage vessels;the use of volatile gas condensers is a common means of reducing emissions from these sources. Odorous emissions from hot-mix asphalt facilities are primarily caused by reduced sulfur compounds that are released as volatile gases from the heated asphalt cement. The most prevalent of the odorous compounds emitted from hot-mix asphalt operations is hydrogen sulfide (H,S). Hydrogen sulfide is fairly common compound that is emitted by a wide range of sources and which is frequently described as having a"rotten egg"odor. A more complete description of the sources and properties of H,S is given below. The amount of reduced sulfur compounds released from the asphalt cement is related to amount of sulfur originally present in the petroleum used to make the cement. It is important to note that because the asphalt cement and the mixed asphalt are heated in closed vessels. compounds released from the asphalt are emitted to the general environment only when the vessels are vented to the outside air. The Diliman Equipment DuoDrum facility that is being proposed for the site in Yorkville employs two advanced design features that will greatly reduce the potential emissions of volatile and odorous compounds from the plant. The first feature is the separation of the drying and mixing drums. In the Dillman DuoDrum design to be used at the Yorkville site, the aggregate alone is heated directly by the combustion of natural gas (with oil as secondary fuel) in the drying drum. Emissions from this process include the combustion products from the burning of the fuel (primarily water and carbon dioxide), the moisture driven from the aggregate, and some fine dust produced during the drying and tumbling. These emissions will be passed through a fabric filter to remove most of the dust before the exhaust gases are released to the atmosphere. The heated aggregate will then be added to the asphalt cement in a separate mixing drum. Because the mixing drum is heated externally there is no need to vent combustion products from this vessel and thus the only emissions from this process are the small amount of volatile gases that are released from the asphalt cement. In the Dillman design,these gases are collected and injected into the combustion flame of the drying drum where they are easily burned with the primary fuel. Odorous reduced sulfur compounds will be converted to far less odorous oxidized sulfur compounds by this process. This two-drum design provides a fundamental improvement with respect to volatile emissions control at hot-mix asphalt facilities over older facilities that use a single heated drum to both dry and heat the aggregate, and to mix it with the asphalt cement. Because the combustion products and dust from the drying need to be vented to the atmosphere,at these older facilities the volatile and odorous compounds emitted from the asphalt cement are also vented to the air. By separating the drying and mixing processes into two different drums.the new design can capture the volatile gases emitted from the hot asphalt cement and combust them in the dryer drum. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Donald J. Hamman Page 4 July 8. 2005 The second feature of the new Dillman facility that will help to reduce emissions of odorous compounds is the collection of volatile gases emitted from the hot-mix storage silos and the combustion of these in the dryer drum. The gases at the top of these silos need to be expelled as the silos are filled. By collecting these gases and combusting them in the dryer drum the proposed facility will prevent odorous gases released at the silos from being emitted to the atmosphere. Together, the DuoDrum design and the capture of hot-mix silo emissions should vastly reduce the amount of odorous compounds emitted from the proposed facility when compared with the emissions from older plants. Properties of Hydrogen Sulfide As mentioned above. hydrogen sulfide is the most prevalent of the odorous, reduced sulfur compounds present in hot-mix asphalt emissions,and as such it is frequently used as a 'signature' compound for these emissions. Often. investigations of odorous hot-mix asphalt emissions either model the emissions and dispersion of H2S,or monitor its off-site presence by standard analytical instruments or through a qualitative analysis of perceived odors. Thus, H,S is used as a surrogate for all of the odorous. reduced sulfur compounds. To understand the potential for H,S emitted from a facility such as a hot-mix asphalt plant to cause off-site odors. it is helpful to review some of the properties of this gas. H,S is a common compound that is most often produced by the microbial biodegradation of sulfur-containing materials. It is produced naturally in bogs; is present in gases emitted by sewage,compost,and manure(H,S levels on the order of 20 -40 parts per billion (ppb)can be measured at dairies); in the gases generated within landfills: in some petroleum and natural gas;and even in expired breath (at levels ranging from Ito 100 ppb. ATSDR,2004). Examples of industrial settings where H,S is emitted are waste water treatment facilities,tanneries. rayon manufacturing plants, sulfur producers, kraft paper mills. food processing plants,and asphalt manufacturing and mixing plants. The gas's characteristic '`rotten egg odor"can be detected at airborne concentrations on the order of 10 ppb. The odor threshold for H2S, as for all compounds,can vary widely from person to person and also over an individual's lifetime. Suffice to say, there are numerous sources of H,S emissions to the environment,and because of its low odor threshold, H,S is a leading contributor to many nuisance odor issues. Given its many sources and odorous nature. H2S has received considerable attention as regulators have attempted to establish guideline concentrations to protect human health and public welfare. There are no current federal standards for H2S levels based on odor or nuisance, but several states have developed such standards ranging from 30 to 200 ppb to protect against shot-term odors. and associated symptoms. California has a longstanding ambient air quality standard of 30 ppb for H,S applied over a 1- hour time averaging period. The standard is specifically designed to address nuisance odor,having been set at the geometric mean odor Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-22.5-0810 FAX:617-225-08 13 www.CambridgeEnvironmental.com Donald J.Hamman Page 5 July 8,2005 threshold measured in adults. The standard was established in 1969 and reaffirmed in a recent review as relevant and appropriate (OEHHA, 2000). Presence and Effects of Emissions at Off-Site Locations The off-site atmospheric concentrations of hydrogen sulfide(and other compounds)that will result form operation of the proposed hot-mix asphalt facility will depend on its emission rates and the amount by which the emissions are diluted as they travel off-site. The extent to which these concentrations may lead to perceptible or nuisance odors depends on the concentrations at locations where people are present relative to the compounds' odor thresholds. The dilution of compounds emitted to the air is primarily caused by the spreading out or dispersion of the emissions as they are blown in wind and mixed with the background air. In general,dilution is greater when wind speeds are higher both because the emissions become more dispersed horizontally and vertically. and because the emissions are mixed with more background air. Emissions will only reach an individual that is far from the source when the winds are blowing from the source toward their location. To examine the potential for emissions from the proposed facility to reach nearby residences and cause odorous conditions. meteorological data from the nearby Aurora Municipal Airport was examined. The wind rose shown below is based on data from the Aurora Municipal Airport for 2004. during the portion of the year(April 1 to December I) and the hours of the day(5:00 A.M to 5:00 P.M.)when the proposed facility will likely be operating. The wind rose shows the frequency with which winds blow from a particular direction and within a range of wind speeds (a wind speed of I knot is equal to 1.15 miles per hour). For example the longest arm (or petal) on the diagram indicates that winds blow from the southwest a little less than 9%of the time covered by the data:the yellow portion of this arm indicates that winds blow from this direction at 10 knots or slower a little more than 5%of the time. Two relevant things can be seen from this wind rose. First,the winds blow from a fairly even range of directions. Aside from winds from the east to southeast,each wind sector is represented with between 4%and 8% frequency. Thus emissions from the facility will be blowing towards any give location only a few percent of the time. Second,the winds are generally fairly strong. The average wind speed during the periods when the facility will be operating is 8.3 knots (9.5 mph).and the wind blows at greater that 5 knots (5.75 mph)approximately 87%of the time. These high winds tend to disperse and dilute emissions. Because perception of odors is a threshold event (i.e., if a compound is present below its odor threshold. it is not smelled at all), this dilution will reduce the occurrence of odorous conditions off-site from the facility. During periods of calm wind conditions when atmospheric dispersion of emitted compounds is low, odors may spread slowly from the facility. During such periods emissions tend settle down slopes and into valleys. However. because the local terrain is relatively level and even, emissions should not persist undiluted in any particular locations. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CamhridgeEnvironmental.com Donald J. Hamman Page 6 July 8. 2005 NORTH- 16% 8%, off, V:' T • ` EAST WINO SFEEE (Knots) 1111 20 ® 15-2G - SOUTH. 1G•15 n 5•4E g 1.5 Calm;:9..714- Studies of IHS Emissions and Concentrations at Hot-Mix Asphalt Facilities The precise amount of H,S emitted by a hot-mix asphalt plant is difficult to measure and therefore it is also difficult to predict The U.S. EPA has compiled a large amount of data to help estimate emission rates from various hot-mix asphalt facilities. These data and methods for estimating emission rates are contained in chapter l 1.1 of the document -Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources" (available on-line at http: /www.epa.govittn/chieltap42/index.hutilt. which is commonly referred to by its document number AP 42. This document is the EPA source used by engineers and regulators that need to estimate emission rates from a variety of industrial sources. The EPA's emission factors for hot- mix asphalt facilities include for more than 40 pollutants; however, because H.S levels were generally below the detection limit of the measurement methods used to produce these estimates. EPA reported no H-.S emission data in this document. Cambridge Environmental Inc 55 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-05133 www,Cambridgennvironniental.cnm Donald J. Hamman Page 7 July 8, 2005 A recent study of asphalt-related emissions and off-site concentrations of1-12S has been performed by the North Carolina Division of Air Quality (NCDAQ. 2003). The NCDAQ used source and ambient monitoring near a hot-mix asphalt facility and a large liquid asphalt distribution terminal to assess odor conditions in a nearby neighborhood. Because there were two potential sources of H,S and odors in the area,a careful analysis was required to determine which source was responsible for any elevated H,S levels and odorous conditions. Although the two sources both handled liquid asphalt cement it was found that the asphalt distribution terminal was responsible for the vast majority of the H2S and odors in the area. and that the hot-mix asphalt facility(the type of facility similar in purpose to the proposed Yorkville one)was responsible for very little if any of the H,S and odors. The NCDAQ collected hourly H,S measurements at three monitoring sites near these facilities. The nearest site was only 30 meters (33 yards) from the asphalt terminal. the middle site was 200 meters (220 yards)away.and the farthest site was 400 meters (440 yards)away. The middle monitoring site was at approximately the distance from the plants as the nearest roadway is to the proposed Yorkville facility (175-200 yards). Over 4 months of monitoring at the middle site. H2S levels exceeded the odor threshold of 8 ppb used by the NCDAQ only 4 times and never reached NCDAQ the nuisance threshold of 40 ppb. The slightly elevated H,S levels occurred almost entirely during periods when the hot-mix asphalt facility was not operating and thus were not generally caused by this facility. Odor complaint records collected during the study further indicated that elevated H,S levels were not occurring when the hot-mix facility was in operation. The NCDAQ also modeled the emissions and dispersion of H2S from both facilities and found that the maximum estimated H2S concentration due to emissions from the hot-mix asphalt facility was 4.3 ppb at only 100 yards from the facility. This concentration is below the NCDAQ odor threshold of 8 ppb. Thus both the measured and modeled H2S levels from hot-mix asphalt facility were below the odor threshold. The hot-mix asphalt facility proposed for Yorkville,because of its advanced two drum design and volatile capture and destruction systems. should emit far less H,S than the older plant studied by the NCDAQ. The proposed Yorkville facility is also further from almost all residences than the North Carolina plants. Therefore the Yorkville hot-mix asphalt facility is far less likely to lead to elevated H,S levels and odorous conditions off-site than the hot-mix facility studied by the NCDAQ. Conclusions The hot-mix asphalt facility proposed for Yorkville will be a very modern plant with a novel two drum designed to capture and destroy most of the volatile odorous gases that are released from the hot asphalt cement. The Yorkville plant should emit much less 1-12S than typical facilities of Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Donald J. Hamman Page 8 July 8. 2005 older designs. Based on: the projected reduced emission rate of the proposed facility. the local meteorology and topology. the nearest possible distances and current sparsity of residences.and the results of a recent study of H,S levels at an older hot-mix asphalt facility. it may be concluded that there is a very low potential for the proposed facility to cause nuisance odors for the nearby residents. References ATSDR.2004. Agency for Toxic Substances and Disease Registry, "Draft Toxicological Profile for Hydrogen Sulfide." September 2004. Available at: http://www.atsdr.cdc.gov/toxprofiles/tp114.html. NCDAQ, 2003. North Carolina Division of Air Quality."Salisbury Air Quality Monitoring Study." August 29, 2003. Air Toxics Analytical Support Team Investigation numbers 01007 and 01008. Available at: http://daq.state.nc.ushoxics/studies/sal isbury/index.shtm I. OEHHA, 2000. California Office of Environmental Health 1-lazard Assessment,"Hydrogen Sulfide: Evaluation of Current California Air Quality Standards with Respect to Protection of Children." September I, 2000. Available at: http://www.arb.ca.gov/ch/ceh/agstandards/oehhah2scontractorreport09I 200.pdf. Michael Ames. Sc.D. Senior Engineer Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com MICHAEL R AMES, Sc. D. EDUCATION: 1995. Sc.D. Nuclear Engineering. Massachusetts Institute of Technology. Cambridge. MA Designed and implemented air sampling and analytical program for the study of ambient atmospheric mercury. Apportioned point and regional sources of particulate-phase mercury and other trace metals by receptor modeling. Studies in: atmospheric chemistry and physics, nuclear waste technology. environmental transport.nuclear reactor design, health physics. 1986. M..S. Nuclear Engineering. Massachusetts Institute of Technology. Cambridge. MA Characterized thermal and mechanical property changes of irradiated alloys for fusion first wall applications. Studies in: physical metallurgy. fracture mechanics. 1984. B.S. Nuclear Engineering. Massachusetts Institute of Technology. Cambridge, MA Studies in: nuclear and mechanical engineering, physics,nuclear plasma diagnostics. PROFESSIONAL EXPERIENCE: 2004-Present. Senior Engineer, Cambridge Environmental Inc., Cambridge, MA. 2000-2004. Associate Engineer. Cambridge Environmental Inc., Cambridge, MA. 1998-2000. Research Scientist, M.I.T. Center for Environmental Health Sciences, Cambridge, MA. 1995-1998. Postdoctoral Associate, M.I.T. Nuclear Reactor Laboratory, Cambridge, MA. Performed and supervised the sampling and elemental analysis of environmental materials by Instrumental Neutron Activation Analysis (INAA). Identified and apportioned sources of measured components by receptor modeling in a variety of environmental and source media. 1986-1990. Research Engineer, M.I.T. Nuclear Reactor Laboratory, Cambridge, MA. Designed, constructed, and operated in-core coolant corrosion testing loops to support worker dose reduction and corrosion control. PROFESSIONAL ORGANIZATIONS: American Nuclear Society American Chemical Society Sigma Xi ORIGINAL PUBLICATIONS AND REPORTS: Ames. M.R. and Zemba, S.G. (2004). Facility impact assessment of the Proposed Cell 5 of the Taunton Sanitary Landfill. Cambridge Environmental inc. Zemba. S.G., Ames. M.R., and Green. L.C. (2004). Risk assessment protocol for the evaluation of multi-pathway impacts of emissions from the Maine Energy Recovery Company Facility in Biddeford. Maine. Cambridge Environmental Inc. Armstrong, S.R., Ames. M.R.. and Green. L.C. (2004). Is ambient hydrogen sulfide a risk to human health? Paper presented at the Water Environment Foundation and Air & Waste Management Association Odors and Air Emissions Speciality Conference, Bellevue, Washington. Ames. M. and Zemba. S.G. (2003). Interim risk evaluation and cumulative impact assessment of the proposed phased landfill development of the Town of Bourne Integrated Solid Waste Management Facility. Cambridge Environmental Inc. Crouch. E.A.C.. Zemba, S.G., Ames. M.R.. and Green, L.C. (2002).Comments on Proposed Methodology for Particulate Matter Risk Analyses for Selected Urban Areas, by Abt Associates, January 2002. Cambridge Environmental Inc. Green. L.C. and Ames. M.R. (2002). Comments on the Draft Energy Plan written by the North Carolina Energy Policy Working Group. September 2002. Cambridge Environmental Inc. Ames. M. and Zemba. S.G. (2002). Interim risk evaluation and cumulative impact assessment of the proposed vertical expansion of the Granby Sanitary Landfill. Cambridge Environmental Inc. Zemba, S.G., Ames. M.R.. and Green, L.C. (2002). Particulate (composition) matter(s). Cambridge Environmental Inc. Alvarado, M.J., Ames, M.R., and Zemba. S.G. (2002). Risk evaluation of the proposed section 4 expansion of the Shrewsbury Ash Residue Landfill. Cambridge Environmental Inc. Green. L.C.. Crouch, E.A.C.. Ames. M.R.. and Lash, T.L. (2002). What's wrong with the National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5)? Regulatory Toxicology and Pharmacology 35:327-337. Ames. M.R., Zemba. S.G.. Yamartino, R.J., Valberg, P.A., and Green, L.C. (2002). Comments on "Using CALPUFF to Evaluate the Impacts of Power Plant Emissions in Illinois: Model Sensitivity and Implications." Atmospheric Environment 36:2263-2265. Alvarado, M.J., Ames. M.R., and Zemba. S.G. (2002). Risk evaluation of the proposed Final Development Phase (FDP) of the CMW Landfill. Cambridge Environmental Inc. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgcEnvironmcntal.com Green, L.C.. Ames. M.R.. and Crouch, E.A.C. (2001). Comments on "Mortality Risk Reductions and Economic Benefits of Alternative SAM! Air Quality Strategies." Cambridge Environmental Inc. Crouch, E., Ames. M., and Green. L.C. (2001).A quantitative health risk assessment for the Kalamazoo River PCB site. Cambridge Environmental Inc. Prospero. J.M., Olmez. I.. and Ames, M.R.. (2000). Al and Fe in PM2.5 and PMIO suspended particles in South-Central Florida: the impact of the long range transport of african mineral dust. Water, Air and Soil Pollution 125:291-317. Ames. M.R.. Gullu,G.. Beal. J., and Olmez I. (2000). Receptor modeling for elemental source contributions to fine aerosols in New York state. Journal of the Air& Waste Management Association 50(5):881-8. Gone. J., Olmez, I.. and Ames. M.R. (2000). Size distribution and probable sources of trace elements in submicron atmospheric particulate material. Journal of Radioanalytical Nuclear Chemistry 244(1):133-139. Olmez, I., Ames, M.R.. and Gullu, G. (1998). Canadian and U.S. sources impacting the atmospheric particulate mercury concentrations across New York state. Environmental Science & Technology 32:3048-3054. Hughes. L., Cass. G.R.. Gone. J.. Ames, M.R.. and Olmez, I. (1998). Physical and chemical characterization of atmospheric ultrafine particles in the Los Angeles area. Environmental Science & Technology 32:1153-1161. Ames, M.R., Gullu, G., and Olmez, I. (1998). A comparison of atmospheric mercury in the vapor- phase, and in fine and coarse particulate matter at Perch River,New York.Atmospheric Environment 32:865-872. Olmez. 1. and Ames. M.R (1997). Atmospheric mercury: how much do we really know? Pure and Applied Chemistry 69:35-40. Ames, M., Olmez, I., Meier. S.. and Galvin. P. (1994). A methodology for determining vapor phase mercury by instrumental neutron activation analysis. Managing Hazardous Air Pollutants: State of the Art. Eds. W. Chow and K. K. Conner. Lewis Publishers, Boca Raton. FL. Olmez, I., Ames. M.R.. Che,J.. Meier. S. and Galvin. P. (1994). Elemental Composition of Charcoal Sorbents. Managing Hazardous Air Pollutants: State of the Art, Eds. W. Chow and K. K. Conner, Lewis Publishers, Boca Raton, FL. Olmez, I.. Ames, M.R. and Aras. N.K. (1993). Mercury Determination in Environmental Materials: Methodology for Instrumental Neutron Activation Analysis. Conference proceedings: The Measurement of Toxic and Related Air Pollutants. U.S. Environmental Protection Agency, Durham, NC. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02141 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmental.com Kohse. G.E., Sanchez, R.G.. Driscoll. M.J.. Ames, M.R. and Harling, O.K. (1991). In-Pile PWR\Loop Coolant Chemistry Studies in Support of Dose Reduction. Conference proceedings: The Second JAIF International Conference on Water Chemistry, Fukui City. Japan. Harling. O.K.. Grant. N.J. Kohse, G.E.. Ames. M.R.. Lee, T.-S. and Hobbs. L.W. (1987). Neutron Irradiation Scoping Study of Twenty-five Copper-Base Alloys. Journal of Materials' Research 2, No. 5. Kohse, G.E., Ames. M.R. and Harling. O.K. (1986). Progress in Developing DBTT Determinations from Miniature Disk Bend Tests. Journal of Nuclear Materials 141-143:513- 517. Lee, T.-S., Hobbs. L.W.. Kohse,G.E.. Ames. M.R., Harling. O.K. and Grant. N.J. (1986). Microstructural Evolution and Swelling of High Strength. High Conductivity RS-PM Copper Alloys Irradiated to 13.5 dpa with Neutrons, Journal of Nuclear Materials 141-143:179-183. Ames. M.R., Kohse. G.E.. Lee, T.-S.. Grant. N.J., and Harling, O.K. (1986). Mechanical property and conductivity changes in several copper alloys after 13.5 dpa neutron irradiation. Journal of Nuclear Materials 141-143:174-178. Cambridge Environmental Inc 58 Charles Street Cambridge,Massachusetts 02:41 617-225-0810 FAX:617-225-0813 www.CambridgeEnvironmcntal.com S 11. 'i July 18,2005 Mr.Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Proposal for TIF Services—Downtown Yorkville Dear Mr. Graff: URS Corporation ("URS")is pleased to submit a proposal for professional consulting services to the United City of Yorkville (the"City")related to the potential establishment of a tax increment financing district for the central business district area of Yorkville that is generally bounded by the Fox River on the north, frontage along Van Emmon and Fox Streets on the south, the termi- nus of River Street on the west and the corporate boundary intersecting Van Emmon Street on the east (the "Study Area"). URS has had the pleasure of working with Yorkville on both the Fox Industrial Park TIF District and the Countryside Shopping Center TIF District and we look forward to the opportunity of working with you on the proposed downtown TIF district. For your convenient reference, URS Corporation is a professional consulting firm offering a full range of planning, design, engineering, economic development, and development management services to both public and private clients. As a leader in the area of Tax Increment Financing, URS Corporation has served as a professional advisor to more than 50 communities throughout Illinois,resulting in the adoption of over 130 TIF projects throughout the state. Our Project Team has extensive experience in TIF,with special expertise in the utilization of tax increment financ- ing as a strategic tool in the implementation of Central Business District and Downtown revitali- zation projects. Having assisted the City of Yorkville on two existing TIF Districts, we are quite familiar with conditions and potentials in the community. We have worked in a number of other communities that have similar mixed-use areas, redevelopment opportunities, and economic de- velopment challenges associated with their downtown areas including McHenry, Park Ridge, Elgin,Lemont, Oak Park, Morton Grove, and Romeoville. APPROACH AND PROPOSED SCOPE OF WORK URS, in cooperation with representatives of the City, will provide technical and professional as- sistance in the management of the tax increment financing process, including preliminary analy- sis of tax increment revenue potential, completion of reports documenting eligibility of the pro- posed project area, and preparation of the redevelopment plan. In addition,URS will participate in presenting project study findings and plans at public meetings with representatives of the City. The first phase will be limited to surveys and analyses of project eligibility that will yield a pre- liminary finding on whether all or a portion of the Study Area will qualify as a potential TIF Dis- trict to assist the City in determining whether to proceed further. The first phase also includes a task that will assess whether a Housing Impact Study will be required as part of the TIF process URS 122 South Michigan Avenue,Suite 1920 Chicago, IL 60603 Tel:312.939.1000 Fax:312.939.4198 per state statute. This proposal identifies tasks and cost estimates associated with a housing im- pact study, should it be required. Once eligibility is established and the City has provided authorization to proceed, the second phase of work will include (i) a preliminary analysis of timing, type, and scale of potential rede- velopment potential and (ii) estimates of the potential flow of incremental property tax revenues that could be generated as a result of redevelopment and the implementation of the TIF redevel- opment plan. The second phase will also include the preparation of draft reports, including the Project Eligibility Report and Redevelopment Plan.Based on the amount and location of housing units within the Study Area, it is anticipated that a Housing Impact Study will be required. The Housing Impact Study, Eligibility Report, and Redevelopment Plan are required to initiate the public hearing process and to serve as a basis for consideration of the City's adoptive ordinances. The third phase consists of finalizing reports and proceeding with the required meeting with local taxing districts and the public hearing,concluding with City action on adopting ordinances. Proposed Scope of Services Phase I Task 100: Project Scheduling and Initiation Meeting A project initiation meeting will be held to set the framework of the study. The purposes of this meeting are to (a) review the overall study objectives; (b)refine, as deemed necessary, the work program for the study; (c) resolve any questions regarding contract interpretation; (d) establish a firm basis for all participants working together to complete the assignment in an orderly manner;(e) secure available data, plans and studies which will be useful in completing the assignment; (1)flag any potential conflicts of interest for representatives of the City; and (g) initiate the interested parties registry process. Task 101:Assessment of Economic Development Initiatives URS, with the assistance of City staff and other local economic development representatives, will research and review the economic development initiatives that have been utilized by the City to date. This information will be incorporated into the Redevelopment Plan as part of the overall revitalization strategy. Task 102:Eligibility Surveys &Analysis Surveys and analyses will be undertaken to record and assess existing conditions in the Study Area and to provide the City with the documentation required to support a finding regarding all or portions of the Study Area's eligibility as a TIF Redevelopment Project Area. Analyses will include: • Exterior survey of the condition and use of each building; • Examination of platting,taxpayer of record and tax delinquencies; • Field survey of site conditions covering roadways, lighting, parking facilities, landscap- ing,fences and walls, and general property maintenance; • Analysis of existing uses and their relationships; • Comparison of current land use to current zoning ordinance provisions and the current zoning map; DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 2 City of Yorkville July 18, 2005 • Analysis of original and current platting, air photos for building size and layout; • Analysis of vacant sites and vacant buildings; • Analysis of building floor area and site coverage; and • Review of previously prepared plans, studies and data. In addition to the above,data and reports covering building code violations and building permits for the last five years within the Study Area as researched and provided by the City will be reviewed and correlated with other summary data and findings. Data available from secondary sources with respect to building age, extent and/or history of occu- pancy/vacancies, date of most recent renovation,physical deterioration, and obsolescence, etc. will be collected and reviewed. Findings from the survey and analysis will be documented and recorded through maps, survey forms, tables, photographs, and/or charts. URS will utilize all the data, surveys, photos and analy- ses in documenting the conditions that exist within the Study Area which warrant designation of all or portions of the area as a redevelopment project area in accordance with provisions of the Illinois Tax Increment Allocation Redevelopment Act. Task 103: Housing Impact Assessment To determine the need for a full Housing Impact Study, a preliminary assessment must be made with regard to the residential properties in the proposed Study Area. This task will include an as- sessment of the Study Area to determine (i)the number of inhabited residential units; (ii) what dis- placement of residents from inhabited units,if any,may occur as a result of the redevelopment plan; and(iii)whether or not a Housing Impact Study is required. As of November 1, 1999, the Act requires that the redevelopment plan estimate the number of inhabited residential units that will be displaced as a result of implementation of the redevelopment plan. If this estimate includes 10 or more inhabited residential units, or if the proposed redevelopment project area contains 75 or more inhabited residential units (and the City is unable to certify that no displacement will occur),then i)a Housing Impact Study must be conducted and ii)a community meeting must be held during the process of considering the adoption of a TIF district. Task 104: Memorandum of Findings and Progress Meeting A memorandum of findings will be prepared that summarizes the eligibility surveys and analyses conducted and the resulting findings. A meeting will be held with representatives of the City (i) to review the findings of eligibility for the Study Area and(ii)to secure agreement on proceeding with the next phase, which will involve estimates of potential redevelopment and property tax increment and preparation of a draft housing impact study, eligibility report and redevelopment plan for the proposed redevelopment project area. Phase II Task 200: Review TIF Project Scope and Potential URS, with assistance from representatives of the City,will prepare a preliminary listing of required public improvements and facilities, and alternative program proposals covering acquisition, site preparation, public infrastructure improvements, rehabilitation and new development, etc. within the Study Area. Representatives of the City will assist URS in identification of the type, amount and timing of estimated private investment in new development, and securing current cost estimates for required public improvements and facilities. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 3 City of Yorkville July 18, 2005 The project scope and potential identified as part of this task will provide the basis for the Preliminary TIF Analysis to be prepared as part of Task 201. Task 201: Preliminary Tax Increment Financing Analysis A preliminary tax increment financing analysis, which estimates incremental property taxes ("Incremental Taxes"),will be prepared for review and consideration by the City. This will include: • Collection and review of assessment data maintained by the county on assessed and equal- ized assessed value for the Study Area and the City, including: a) Assessed Values and Equalized Assessed Values for the properties within the Study Area for the most current assessment year and the previous five years. b) Assessed Values and Equalized Assessed Values for the City for the most current assess- ment year and the previous five years. • An overview of assumptions and preliminary estimates of potential annual incremental prop- erty tax revenues based on the project scope identified in Task 200. • An overview of redevelopment project costs to include in the listing of total redevelopment project costs of the redevelopment plan(Task 204). It is anticipated that two iterations of the tax increment financing analysis will be required to test alternative assumptions. Task 202: Progress Meeting/Conference Call A meeting or conference call with representatives of the City will be held to review the preliminary tax increment financing analysis prepared for Tasks 200 and 201 above. Task 203: Part 2 of the Housing Impact Study Part II of the housing impact study shall identify the inhabited residential units in the proposed redevelopment project area that are to be or may be removed. If inhabited residential units are to be removed,then the housing impact study shall identify(i)the number and location of those units that will or may be removed, (ii) the municipality's plans for relocation assistance for those residents in the proposed redevelopment project area whose residences are to be removed, (iii) the availability of replacement housing for those residents whose residences may be removed, and shall identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided. This task will include collection and analysis of secondary source data to identify the number and percentages of households with moderate, low and very low incomes as set forth in the Illinois Affordable Housing Act. Task 204: Community Meeting A meeting with representatives of the City and the Consultant will be held to advise the public as to the City's possible intent to prepare a redevelopment plan and designate a redevelopment pro- ject area and to receive public comment. Notices should be given by regular mail to taxing dis- tricts having real property in the Project Area, taxpayers who own property in the Project Area and residents in the Project Area. The City will be responsible for all notices by mail and publi- cations associated with the community meeting. Task 205: Draft Housing Impact Report A draft report describing the methodology and criteria used and the findings of the survey and analysis of housing impact will be prepared for review by representatives of the City. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 4 City of Yorkville July 18, 2005 Task 206: Draft Eligibility Report A draft report, describing the methodology and criteria used and the findings of the survey and analysis of project eligibility,will be prepared for review with the staff members of the City. Task 207: Draft Redevelopment Plan A preliminary Redevelopment Plan will be prepared in draft form for review and consideration by the City. The preliminary plan will conform to the requirements set forth in the Illinois Tax Increment Allocation Redevelopment Act and include the following: (a) description of the proposed development project area; (b) statement of goals and objectives; (c) summary of conditions found to exist which warrant designation of all or parts of the project as either a "conservation area" or a "blighted area"; (d) a description of plan and project objectives and redevelopment activities; (e) a general land-use plan; (f) redevelopment and design controls; (g) summary of redevelopment project costs; (h)description of sources of funds to pay redevelopment costs and the types of obligations which may be issued; (i) statement on the lack of growth and development through investment by private enterprise; (j) summary description of the financial impact of the redevelopment project; (k)preliminary assessment of demand on taxing district services; (1) statement on the City's program to address financial and service impacts; and(m) a statement of impact on inhabited residential units. The Housing Impact Study and Eligibility Report,prepared as part of Tasks 205 and 206,will be included as exhibits to the Redevelopment Plan. A legal boundary description of the Redevelopment Project Area must be secured by the City for review by the Consultant. Task 208: Progress Meeting A meeting with representatives of the City will be held to review draft reports prepared as part of this Phase, and to secure agreement to initiate the public hearing process. Phase III Task 300: Initiate Public Hearing Process The Consultant will be responsible for securing (i) current taxpayer data from taxpayer informa- tion available at the Office of the Kendall County treasurer; (ii)in the event taxes for the last pre- ceding year were not paid, the name and address of the persons last listed on the tax rolls within the preceding three years as the taxpayers of such property; and (iii) residential housing unit ad- dresses within the Study Area. and within 750 feet of the Project Area, or the 750 closest residential units. The Consultant will provide electronic and hard copy versions of all mailing lists. The City will be responsible for making a good faith effort to collect residential housing unit ad- dresses within 750 feet of the Study Area. The City will be responsible for all notices by mail and publications associated with the public hearing process. Notices are required to be sent by certified mail or regular mail (as provided by law) to: all taxing districts; all taxpayers of re- cord and residential addresses within the Study Area; to all residents located within 750 feet out- side of the Study Area boundary; and to all interested parties listed on the Interested Parties Registry created for the Study Area. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 5 City of Yorkville July 18,2005 • Task 301: Prepare Final Reports Draft reports prepared as part of Phase II, will be refined and prepared in final form for delivery to the City. URS will provide up to 20 bound copies and one unbound copy of the final report to the City. Additional copies will be charged as a direct additional expense. ense.' P S P Task 302: Joint Review Board Meeting and Public Hearing URS will assist the City in preparing for, and will participate in, 1) a meeting with the Joint Review Board; and 2) a public hearing on the proposed Redevelopment Project designation and proposed Redevelopment Plan. Task 303: City Action on TIF Ordinances The following ordinances will be prepared by the City Attorney or designated counsel for introduc- tion and consideration by the City Council: (1) approving the Tax Increment Redevelopment Plan; (2) designating the Tax Increment Redevelopment Project Area; and (3) adopting Tax Increment Financing for the Redevelopment Project Area. MEETINGS URS will participate in the following: 1. A project initiation meeting or conference call with representatives of the City to launch the project and to coordinate various public process steps. 2. A meeting with City representatives to review preliminary findings of the project eligi- bility. 3. A meeting or conference call with City representatives to review preliminary analysis of tax increment financing and incremental revenue estimates. 4. A meeting with City staff members to review findings and draft reports prepared by URS, including: (a) Project Area Eligibility Report; (b) Housing Impact Study; and (c) Project Area Redevelopment Plan. 5. Meeting with representatives of local taxing districts (the Joint Review Board) to review the eligibility and scope of the proposed redevelopment project. 6. A public hearing on the proposed Project Area Redevelopment Project and Plan. Additional Services and Meetings Over the course of the assignment, additional services may be requested by or required by the City of Yorkville. Services could include additional meetings and work associated with boundary changes, Phase I or Phase II environmental analysis, crossing into a new tax year, additional re- search and analysis associated with changes to the development program,delays that require updat- ing data, mapping, or additional meetings, and any other services not identified in the scope of ser- vices. Any additional service requested or required will be submitted to the City for authorization prior to its completion. The scope of services includes time and expenses associated with two iterations of the draft docu- ments. Additional revisions or extended delays in receiving comments and changes to the docu- ments will result in additional services. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 6 City of Yorkville July 18, 2005 The Consultant will participate in additional meetings and will complete other work assignments leading to City action on adoptive ordinances as authorized by the City.All additional work will be billed on the basis of the hourly rates indicated plus reimbursement for"out-of-pocket"cost.Hourly billing rates in effect are listed as follows: Principal $120.00 -$130.00 Senior Project Planner $100.00 -$110.00 Senior Urban Planner $75.00 -$95.00 Urban Planner $55.00 -$70.00 Technical &Clerical $45.00 Cost and Schedule The estimated cost and schedule for completing each phase of the Scope of Services is presented below. Adherence to the time frames for each phase is dependent upon timely provision of information and documents from Kendall County and the City, as well as timely authorization to proceed with each successive phase. A. Professional Fees and Time Frame TIP Housing Impact Total Timing Phase I $13,250 $2,000 $15,250 45-60 days Phase II $13,250 $5,000 $18,250 60-75 days Phase III $4,375 $1,375 $5,750 60-90 days Expenses $750* Total $31,500 $8,500 $40,000 6- 71/2 months *In addition to professional fees,reasonable and customary out of pocket expenses are estimated at approximately$750. Out of pocket expenses are expected to include travel,data fees,copying and graphic fees and any secondary data that may need to be purchased. Any expenses that may be required above$750 will be submitted to the City for authorization prior to being incurred. B. City Expenses As a point of information, URS advises that throughout the course of the TIF project, the City will be required to incur various administrative costs. These costs include, but are not limited to, the costs of certified mailings, publication of notices, preparation of a legal description of the TIF boundary and advisory services of legal counsel regarding ordinances, resolutions, and public notices. C. Professional Services Agreement In addition to this proposal, we have attached a professional services agreement for your review. Please contact us with any questions or comments regarding this proposal and/or professional services agreement. DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 7 City of Yorkville July 18, 2005 If this proposal and attached professional services agreement meet with your approval, please contact me at 312.596.6759 and we will send two final signed copies of the professional services agreement for signature by an authorized representative of the City. Very truly yours, URS Lisa M.Lyon Principal DRAFT-Proposal for Professional Consulting Services—Downtown Yorkville Page 8 City of Yorkville July 18, 2005 AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") This Agreement between United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, 630.553.4350 , ("Client") and URS Corporation ("URS"), a Nevada corporation; 122 S. Michigan, Suite 1920, Chicago, IL 60603, 312.939.1000 ("URS"), is effective as of . The parties agree as follows: It is the expressed intent of the parties that this Agreement shall be made available to the subsidiaries and affiliated companies of URS. For the purposes of this Agreement, as it applies to each Work Order, the term "URS"shall mean either, URS Corporation , or the affiliated company identified in the Work Order. The applicable Work Order shall clearly identify the legal name of the affiliate or subsidiary accepting the Work Order. ARTICLE I -Work Orders. The Scope of Services ("Services"), the Time Schedule and the Charges are to be set forth in a written Work Order to this Agreement. The terms and conditions of this Agreement shall apply to each Work Order, except to the extent expressly modified by the Work Order. Where charges are "not to exceed" a specified sum, URS shall notify Client before such sum is exceeded and shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the sum. If a "not to exceed" sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorization as long as the total sum is not exceeded. Changes in conditions, including, without limitation, changes in laws or regulations occurring after the budget is established or other circumstances beyond URS control shall be a basis for equitable adjustments in the budget and schedule. ARTICLE II - Payment. Unless otherwise stated in an Work Order, payment shall be on a time and materials basis under the Schedule of Fees and Charges in effect when the Services are performed. Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If payment is not maintained on a thirty (30) day current basis, URS may suspend further performance until payments are current. Client shall notify URS of any disputed amount within fifteen (15) days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount. Client shall pay an additional charge of one and one-half percent (11/2%) per month or the maximum percentage allowed by law,whichever is the lesser, for any past due amount. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party. ARTICLE III - Professional Responsibility. URS is obligated to comply with applicable standards of professional care in the performance of the Services. Client recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care. URS is not responsible for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action that may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism. ARTICLE IV - Responsibility for Others. URS shall be responsible to Client for URS Services and the services of URS subcontractors. URS shall not be responsible for the acts or omissions of other parties engaged by Client nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs. ARTICLE V- Risk Allocation. The liability of URS, its employees, agents and subcontractors (referred to collectively in this Article as "URS"), for Client's claims of loss, injury, death, damage, or expense, including, without limitation, Client's claims of contribution and indemnification, express or implied, with respect to third party claims relating to services rendered or obligations imposed under this Agreement, including all Work Orders, shall not exceed in the aggregate: PSA-1.DOC(Rev.1) 30-AUG-04 - 1 - (1) The total sum of $250,000 for claims arising out of professional negligence, including errors, omissions, or other professional acts, and including unintentional breach of contract; and any actual or potential environmental pollution or contamination, including, without limitation, any actual or threatened release of toxic, irritant, pollutant, or waste gases, liquids, or solid materials, or failure to detect or properly evaluate the presence of such substances, except to the extent such release, threatened release, or failure to detect or evaluate is caused by the willful misconduct of URS;or (2) The total sum of $1,000,000 for claims arising out of negligence, breach of contract, or other causes for which URS has any legal liability, other than as limited by(1) above. ARTICLE VI - Insurance. URS agrees to maintain during the performance of the Services: (1) statutory Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; and (4) Automobile Liability insurance coverage each in the sum of$1,000,000. ARTICLE VII - Consequential Damages. Neither Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission, or other wrongful act of either of them. ARTICLE VIII - Client Responsibility. Client shall: (1) provide URS, in writing, all information relating to Client's requirements for the project; (2) correctly identify to URS, the location of subsurface structures, such as pipes, tanks, cables and utilities; (3) notify URS of any potential hazardous substances or other health and safety hazard or condition known to Client existing on or near the project site; (4) give URS prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness, provide required approvals and decisions. In the event that URS is requested by Client or is required by subpoena to produce documents or give testimony in any action or proceeding to which Client is a party and URS is not a party, Client shall pay URS for any time and expenses required in connection therewith, including reasonable attorney's fees. Client shall reimburse URS for all taxes,duties and levies such as Sales, Use, Value Added Taxes, Deemed Profits Taxes, and other similar taxes which are added to or deducted from the value of URS Services. For the purpose of this Article such taxes shall not include taxes imposed on URS net income, and employer or employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries or any agency or subdivision thereof in which URS subsidiaries, affiliates, or divisions are permanently domiciled. It is agreed and understood that these net income, employer or employee payroll taxes are included in the unit prices or lump sum to be paid URS under the respective Work Order. ARTICLE IX- Force Majeure. An event of"Force Majeure"occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations. An event of Force Majeure includes, without limitation, acts of God (including floods, hurricanes and other adverse weather), war, riot, civil disorder, acts of terrorism, disease, epidemic, strikes and labor disputes, actions or inactions of government or other authorities, law enforcement actions,curfews,closure of transportation systems or other unusual travel difficulties,or inability to provide a safe working environment for employees. In the event of Force Majeure, the obligations of URS to perform the Services shall be suspended for the duration of the event of Force Majeure. In such event, URS shall be equitably compensated for time expended and expenses incurred during the event of Force Majeure and the schedule shall be extended by a like number of days as the event of Force Majeure. If Services are suspended for thirty (30) days or more, URS may, in its sole discretion, upon 5 days prior written notice, terminate this Agreement or the affected Work Order, or both. In the case of such termination, in addition to the compensation and time extension set forth above, URS shall be compensated for all reasonable termination expenses. ARTICLE X - Right of Entry. Client grants to URS, and, if the project site is not owned by Client, warrants that permission has been granted for, a right of entry from time to time by URS, its employees, agents and subcontractors, upon the project site for the purpose of providing the Services. Client recognizes that the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the area being studied, despite the use of reasonable care. PSA-1.DOC(Rev.1) 30-AUG-04 -2- ARTICLE XI - Documents. Provided that URS has been paid for the Services, Client shall have the right to use the documents, maps, photographs, drawings and specifications resulting from URS efforts on the project. Reuse of any such materials by Client on any extension of this project or any other project without the written authorization of URS shall be at Client's sole risk. URS shall have the right to retain copies of all such materials. URS retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services. ARTICLE XII -Termination. Client may terminate all or any portion of the Services for convenience, at its option, by sending a written Notice to URS. Either party can terminate this Agreement or a Work Order for cause if the other commits a material, uncured breach of this Agreement or becomes insolvent. Termination for cause shall be effective twenty(20) days after receipt of a Notice of Termination, unless a later date is specified in the Notice. The Notice of Termination for cause shall contain specific reasons for termination and both parties shall cooperate in good faith to cure the causes for termination stated in the Notice. Termination shall not be effective if reasonable action to cure the breach has been taken before the effective date of the termination. Client shall pay URS upon invoice for Services performed and charges incurred prior to termination, plus reasonable termination charges. In the event of termination for cause, the parties shall have their remedies at law as to any other rights and obligations between them, subject to the other terms and conditions of this Agreement. ARTICLE XIII - No Third Party Rights. This Agreement shall not create any rights or benefits to parties other than Client and URS. No third party shall have the right to rely on URS opinions rendered in connection with the Services without the written consent of URS and the third party's agreement to be bound to the same conditions and limitations as Client. ARTICLE XIV - Assignments. Neither party to this Agreement shall assign its duties and obligations hereunder without the prior written consent of the other party. ARTICLE XV - Hazardous Substances. All nonhazardous samples and by-products from sampling processes in connection with the Services shall be disposed of by URS in accordance with applicable law; provided, however, that any and all such materials, including wastes, that cannot be introduced back into the environment under existing law without additional treatment, and all hazardous wastes, radioactive wastes, or hazardous substances ("Hazardous Substances") related to the Services, shall be packaged in accordance with the applicable law by URS and turned over to Client for appropriate disposal. URS shall not arrange or otherwise dispose of Hazardous Substances under this Agreement. URS, at Client's request, may assist Client in identifying appropriate alternatives for off-site treatment, storage or disposal of the Hazardous Substances, but URS shall not make any independent determination relating to the selection of a treatment, storage, or disposal facility nor subcontract such activities through transporters or others. Client shall sign all necessary manifests for the disposal of Hazardous Substances. If Client requires: (1) URS agents or employees to sign such manifests; or (2) URS to hire, for Client, the Hazardous Substances transportation, treatment, or disposal contractor, then for these two purposes, URS shall be considered to act as Client's agent so that URS will not be considered to be a generator, transporter, or disposer of such substances or considered to be the arranger for disposal of Hazardous Substances, and Client shall indemnify URS against any claim or loss resulting from such signing. ARTICLE XVI - Venue. In the event of any dispute between the parties to this Agreement, the venue for the dispute resolution shall be any state or federal court in the United States having jurisdiction over the parties. The foregoing notwithstanding, if the project is located outside the United States, the laws of the State of California shall govern and in such event, any dispute under the Agreement not resolved amicably shall be resolved under the binding rules of the American Arbitration Association. ARTICLE XVII - Integrated Writing and Enforceability. This Agreement constitutes the final and complete repository of the agreements between Client and URS relating to the Services and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. Modifications of this Agreement shall not be binding unless made in writing and signed by an Authorized Representative of each party. The provisions of this Agreement shall be enforced to the fullest extent permitted by law. If any provision of this Agreement is found to be invalid or unenforceable, the provision shall be construed and applied in a way that comes as close as possible to expressing the intention of the parties with regard to the provisions and that saves the validity and enforceability of the provision. PSA-1.DOC(Rev. 1) 30-AUG-04 -3- THE PARTIES ACKNOWLEDGE that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. CLIENT URS Signature Signature Typed Name/Title Typed Name/Title Date of Signature Date of Signature PSA-1.DOC(Rev.1) 30-AUG-04 -4- TIME AND MATERIALS WORK ORDER NO. 1 In accordance with the Agreement for Professional Services between United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, 630.553.4350 ("Client"), and URS Corporation ("URS"). a Nevada corporation, dated , this Work Order describes the Services, Schedule,and Payment Conditions for URS Services on the Project known as: United City of Yorkville Downtown TIF Project Client Authorized Representative: Address: Telephone No.:_ URS Authorized Representative: Lisa Lyon Address: 122 S. Michigan, Suite 1920 Chicago, IL 60603 Telephone No.:312.596.6759 SERVICES. The Services shall be described in Attachment 1 to this Work Order. SCHEDULE. The Estimated Schedule shall be set forth in Attachment 1 to this Work Order. Because of the uncertainties inherent in the Services, Schedules are estimated and are subject to revision unless otherwise specifically described herein. PAYMENT. Payment of $0 is due upon signature of this Work Order and will be applied against the final invoice for this Work Order. URS charges shall be on a "time and materials" basis and shall be in accordance with the URS Schedule of Fees and Charges in effect at the time the Services are performed. Payment provisions and the URS current Schedule of Fees and Charges are attached to this Work Order as Attachment 1 TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to this Work Order, except as expressly modified herein. ACCEPTANCE of the terms of this Work Order is acknowledged by the following signatures of the Authorized Representatives. CLIENT URS Signature Signature Typed Name/Title Typed Name/Title Date of Signature Date of Signature PSA-1.DOC(Rev.1) 30-AUG-04 - 1 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yorkville Police Department year End Analysis IDresented In': Chief Harold G. Martin 111 Date ci Lepert: March 1. 2005 — — — 'Administrative personnel Coster •patrol personnel Coster •personnel Chanes •promotions •tiirine 'Commendations & CecoQnitions Administrative personnel Roster Administration Years of Service Education Assignments Chief 1larold Martin 25 D.S. Degree Administration U. Donald Schwartzkopf 11 D.S. Degree Administration/SRT S/SQt. Ronald Diederich K C0+ Credit hours Operations/Facility Manager Sgt. Gregory Sibenaller K D.A. Degree Patrol Sgt. Richard hart 12 CC' Credit hours Patrol/SRT Sgt. Larry hilt 9 D.A. Degree Patrol Sgt. Terry IDlintel J CO Credit hours Patrol Support Staff Years of Service Education Assignments Molly Datterson CJ 120+ Credit hours Office Supervisor/Technology Shamim hopkins 9 D.A. Degree Records Division Rachel Sebek 1 CCi Credit hours Records Clerk Crossint Guards Years of Service Jean Dazan C George Podschweit 2 Dettye battle 2 patrol [Personnel Roster Patrol Officers Years of Service Education Ofc. Glenn Calvert 23 D.A. Degree Ofc. Larry Groesch 20 A.S. Degree Cfc. Stacey [riddle J U.A. Degree Ofc. Daniel Pleckham 8 00+ Credit flours Ofc. David Delaney 5 00+ Credit flours Ofc. Jonathon Clelland 5 J0+ Credit Ucurs Ofc. Samuel Stroup 4 D.A. Decree Ofc. Jeffrey Ackland 2 A.S. Decree Ofc. Patricia Cernekee 2 D.A. Degree Ofc. Jeffrey Johnson 2 D.A. Degree Ofc. Sarah Cernekee 1 D.S. Degree Ofc. Robbie dart 1 D.A. Degree Ofc. James Presnak 1 D.A. Degree Ofc. Andrew Jeleniewski 1 00+ Credit Flours Ofc. Raymond Mikolasek 0 Months M.S. Degree Ofc. Patrick McMahon 0 Months D.A. Degree Ofc. Steven Dozue 1 Month D.A. Degree Part-Time Officers Years of Service Education Ofc. Dale Arentsen 12 00+ Credit Uours Ofc. Dale Page 10 00+ Credit flours Ofc. Scott Carter 0 Months 00+ Credit Flours Ofc. Steven Dettenhausen 3 Months A.S. Degree Ofc. Shirley f(ubicz 1 Month D.A. Degree personnel Chances • Officer Andrew Jeleniewski was hired as a full-time Patrol Officer, bringing P-J Sammy along with him (02-C3-2004). • Officer Patricia Cernekee resigned tc beccme an Illinois State Trooper (0G-1C-2004). • Officer Scott Carter was hired as a part-time Patrol Officer (07-13-2004). • Officer Raymond Mikolasek was hired as a full-time Patrol Officer (08-10-2004) and then successfully completed his police training. • Officer Patrick McMahon was hired as a full-time Patrol Officer (08-18-2004) and then successfully completed his police training. • Rachel Sebek was hired as a full-time Records Clerk (08-18-2004). • Officer Steven Qettenhausen was hired as a part-time Patrol Officer (09-14-2004). • Officer Steven Rozue was hired as a full-time Patrol Officer (12-14-2004) and is scheduled for training in January 2005. • Officer Shirley Icubicz was hired as a part-time Patrol Officer (12-14-2004). ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Commendations and Achievement Awards Commendations • Officer Nelland - Investigation of bomb threat leading to locating offender and additional charges for possession of drugs, paraphernalia and the recovery of stolen property. • Sergeant Nilt - Investigation of a hit and run accident which injured a pedestrian. The investigation led to the arrest of the offender for Aggravated DUI and Aggravated Leaving the Scene of a personal Injury Accident. • Mr. Stephen Quell - Citizen who not only witnessed, but followed offender from a hit and run accident which injured a pedestrian. Mr. Dwell made it possible for officers to locate the offender, which led to their arrest. • Sergeant Flin?el - Initial response to an emergency domestic situation which led to a murder investigation. • Sergeant Nilt - Investigation of Y'orkville's first murder. • Sergeant Nilt - Investigation of and testimony to a criminal sexual assault case leading to the offender being found guilty for predatory Sexual Assault on a Child. Achievement Awards • Officer McMahon - Successfully completing police Training. • Officer Mikolasek - Successfully completing police Training; winning the top scholar award in his class as well as the top marksman award. •Total Manhours •Crdinance/Traffic Violations •Accident •personnel ,Activity •Administrative Activity •preventive patrol •Animal Complaints •public Complaints •Arrest Activity •public Services •Assist Agencies •Deport Activity •Community Relations •School Activity •Department Duties •Traffic Activity •Investigations •Training ■ 11 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 11 lotal Manh r ou s 60000 In 20D4, the Yorkville Dunce u 56075.72 Department had a 1G.3% increase in 50000 total manhcurs from /CIA48218.02 40000 This includes three new full-time 30000 ass officers and four new part-time 20000 officers, as well as increasing a part- time art time clerk to a full-time clerk. 10000 0 Total Manhours ® 2002 0 2003 0 2004 ■ r ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r tlw°r° Trak iry,ra900 45 TraIning,3052,13 TraWi g,2752.22 O l rai Willi! •Traffic Activity Traffic Activity,3373.65 41.)4)4, Traffic Activity,2709.02 Traffic Activity, 3473.97 •School ActIvItY a0/° { "1--"1,',-• . _ c w 3 n Zs fiS`m f ,-,4,„a °� 0 Ueuert Activity .Public Services.417.03 - "a , . . a: ,, §„_z - Is' a .� r A Public Services.469 - : V.1-1=3111:111.11.1111Yll-bf-r Public Complaints, 1202.05 ■Puhlic Services Public Services,500.93 7C% Riblic Corrplaints,855.7 O Puhlic G>mulalnts { tf f 4 . ®Preventive Patrol • �xs F it l7PersonnelActivity , v +*"`fes ,""”"1A,',"-7,47';' 1".414', x ku'" � ryry.� ve` ��"',047 r' 4- v •�t �,�+ "a3`+ �.. bar, '�{ ,, '"� `" io ✓ t x .. s ., s: • SC% � * F a ■Urdinance/Tra(tic Enforcement m FS*"$ k l7 Investiitations Fersonnel Activity,6642.25 41)% Fersonnel Activity,8719.87 •Ueuartruental Duties Personnel Activity,6584.27 •CununuuitY Uelations 3C% Investigations,1233.93 O Assist Auencies Investigations, 1278.05 vestigations, = To. Co�mx�nity Relations 521 13 0 Arrest Activity 20/° �' � k '� • Corrminity Relations 612.95 Cormiunity Relations,797.83 • ..�.k ...z3w...r�;. .. :.•. 5�+r.ua.3't.a - .','-..'.-'-‘..,-5, rr �' .w �. a "::m t'st �,*,"t r -� t MiiiiliMOMNEW t� , ��,, rr ..,� �k "+e' •, � �s�.''� '� "' `� �"� ®Animal Complaints -Z.114.1,11/_T.11•I,.•A4.}.'.-1.��r_i 1l:wi I_1«I1•I°•��".;.L'!4.� 10% 0 Adndnistrative Activity Administrative Activity, 5454.2 Administrative Activity,4807.03 Administrative Activity,5383.8 CI Accident U°/. •«����-�•,��.�� r.1HM81p■I�I�U w�-�S.MMI�IOIImb_'f`>%� 2002 20)3 LCC4 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ •Total Incident Reports Taken •Drug Offenses 'Accidents 'Major Traffic Violations •,Purelaries 'Minor Traffic Violations 'Thefts •Seatbelt/Speeding Violations 'Crimes Against property 'Citations & Warnings Issued 'Crimes Against person i ■ ■ i ■ ■ ■ a a ■ ■ r ■ ■ ■ ■ i ■ a ■ i ■ a ■ ■ ■ ■ ■ ■ ■ i I? ecrtInformation 1 losoo • 2500 0 10600 10616 2251 2000 0 X0400 AdMil 102 001500 F 1648 10000 �1 c 9947 � ''` �- Nfi gSC( 1000 9600 500 F: goo C , ��� :- Total Dispatched Calls Tctal Incident Reports Taken KCl 0 2003 a 2004; �® 2002 0 2003 a 2004 i I . i l . . 11I U I I l I R I l S l U I U I I * R I 1 $ 1 AccidentL� ecrts 4C1 .dii � ainiumponT____..... ,. ,,„,. . „. 388 450 0 444 350 0400 0 300 0.61. 350 OEM.'Trilli 284 335 250 . 300 200 240 i �, ,-, X50 200 �� � a r �, X50 � � �4 � �r goo � i � .�4�a- 100 T m 3 immiramw 50 4 ' r 51 56 50 �y� ,i 0 Total Accident Reports Taken property Damage Personal Minn, i II 2002 a 2003 a 2004 � 2002 a 20030 2004 1 IurQIaries 120 0 100 O '>-', Sc 0 .. ,,}Y ''''' ''C' r 71 .,-,*-- "4 1,,,,,$ 11, ';...4:- ,-:,0 —_,. .t.„1,,,,e.,,„ r , �� 62 400 . te _ r 35 39 - 28 20 8 22 ' • . 5 4 I3urQlary (Residential Durtlarr Duridars' from Auto Total DurHlaries ® 2002 u 2003 a 2004 ; ■ ■ 11111111 ■ ■ i ■ ■ ■ ■ ■ ■ ■ ■ 111111 ■ 11 ■ ■ ■ R ■ 1111111111111 ■ r111 ■ ■ 1 Ihefts 111 121) 108 111 100 SC CC „ 40 ' 44 43 l37 t µ. 20 23 t- 160 1 3 0 3 ® .. Amer Amr Amwimm- _ Theft Over 5300 Theft Under 5300 Retail Theft Theft frum Mutcr Other Thefts Total Thefts Vehicles 1 ii 2002 — —2003 0 2004 ■ ■ ■ ■ ■ ■ ■ i t ■ ■ ■ ■ t ■ E ■ ■ ■ ■ 11 ■ ■ ■ ■ i ■ ■ Crimesains IDroperty� 'co -z 140e 148 46:1' -. 120 > �� . 00S L so -" 44 CC -V 40 -" 'm! 38n= r. 20 4 , - 1 523 2 30 '''.;:k.:1_k 18 � 0 0 1 Auto Theft Arson Deception Criminal Damage Criminal Trespass Rubbery ® 2002 0 2003 [1] 2004 Crimes Aeainst persons Co 50 ' fr n k3 4C ' gi, 44 : 3C -v32 = , bo 26 :° 25 20 -/ Z Adair 11o r 731:74:71*: 0 0 1 0 1 0 2 � , 5 Murder Reckless Il tnicide Sex Cttenses Batters, Domestic battery Assault ® IOC) In 2003 El 2004 IDruft Cffenses 30 ,AIIIM", AIME . 0 29 2526 '74:'** 26 F 4,y 20 / #„rG 17 A 15 ■ rr '11r� oil 5 ry Cannabis Controlled substances Orin lqulument liquor Offenses 2002- -2003 0 2004 Major Iraffic Violations 1200 -Er; 1 1098 =f 10004 , 946 s0o i , , v 719 CCC F 1.,:4:'''. 'T,:'•! 585 400 i , , , ViLktx 14 200 0 79 63 55 V +�pf 29 F} -- 11 20 6 4 2 DUI Transucrtaticn et Reckless Drivine 1_icense/Ueeistratien Uninsured Auto Alcchcl 2002 — —2003 0 2004 1 Minor Iriiffic Viol n a o s loco . goo0 , . . x a � , Aiiiiippir. -/, SCC 0 ,':, 813 r,,y .,. ' k .. 743loo0 b 4.Sk" d ,Y - kf f 000 0 d5 � Cy�4E } ,41.54 ; , 5cc 0 ,- „, 481 , �. .x. 400 011111111111111111 AllillW 300 AMMI 296 272 , s icc . e 3 .{4t .T, s off J 1y �.A' Traffic Sian [allure to Yield Eauiument Violations 2002 2003 Ill 2004 ; ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Seatbelt and Saeedine Violations 700 0 0000 622 558 AIME 5000 .. ,� ria.: mimp �: 400 0 z 388 375 Aiiiiinv d x 300 1:";;IIIII*-':I4' � 312 0 276 ,-,,,t,,,,,,,,,,,- 765 A ,* : 200 0■ - 180 100 144 t Seatbelt Citations Seatbelt Warninsws Speeding Citations Saeedine War-ulnas 1i IN 2oo2 2003 ❑ 2004 ; ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Warninas Issued � aensanti coo() .. • Al'ir----'5.---h'i-6-. ----12';'' 5471 5000 0 y , 4000 - 0 3543 ;� 3000 ,,. . ,, 3J: ger.« n x; 2000 Aiiillr 2128 1928 s 1000zsan r"a} 3- : ,,t +,•,, r '" r F , C Tutal Citations Issued Total Warnings Issued Total Contacts 20C2 — — 2003 0 2004 I. i ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ■ ■ ■ ■ ■ ■ ■ ! ■ - .Explanation of Iaw •Statistical Reports ■ ■ ■ ■ ■ ■ i ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ IDercentaee of Stops Lased on Illinois Drivers' Towns of Residence Effective January 1, 2004, the Illinois Department of Transportation began collecting data on traffic stops being made by Illinois Law Enforcement Agencies. police Officers are required to gather certain data on each stop they make for analysis. This data includes: 1. Name, Address, Gender, and the Officer's subjective determination of the race of the person stopped. The officer can choose from Caucasian, African-American, 1/ispanic, Native American/Alaska Native/pacific Islander. 2. Alleged traffic violation that led to the stop of the motorist. 3. The make and year of the vehicle stopped. 4. The date and time of the stop. 5. The location of the stop. C. Whether or not a search contemporaneous to the stop was conducted of the vehicle, driver, passenger, and if so whether it was with consent or by other means. 7. The name and badge number of the issuing officer. The goal of IDOT's study is to find out if minority groups are over-represented in traffic stops, as compared to their representation within the general population. For more information on this law and study, see IDOT's website at www.dct.state.il.us ■ ■ ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ r ■ ■ ■ r ■ ■ ■ ■ ■ ■ ■ ■ Dercentaee of Stops Dased on Illinois Drivers' Towns of 'Residence Rased on the 2004 Racial Profiling Statistics. 97.1% of all persons pulled over in the Yorkville Police Department from January 1, 1004 through Yorkville m , 4 wnof the 842 State Deceofber Illi31nois200. This chart ere reflectsresidets said 29% . . residents of Illinois. based on their town of residence (as reported via Under 2% information on the stop cards 43%1256 completed hy the Police Officers) as a percentage of the total stops made during 2004 (3,010). The majority (29%) of all stops made were conducted on persons living in Yorkville (both Arora incorporated and unincorporated). The 285 10% remainder of the total was: 10% Aurora Plano residents, i% Plano residents, 4% Chicago 141 67 - 5% Sandwich residents and 4% Oswego 2% Oswego Sandwich residents, 3% Montgomery Residents Montgomery 122 130 0 81 4/° 4% and 1% Chicago Residents. The 3% remainder of all towns of residence reported (737 towns total) were tinder 1% of the total - which account for 1,250 stops, Cr 43% of the total when combined. ■ ■ ■ ■ i i ■ II ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ■ • • • • a • Dercentaee of Stops Dased on Illinois Drivers" Daces Cased on the 2004 Facial IA-offline Statistics, cut of 3,010 self-initiated traffic stops, approximately S5% of all persons pulled over by the African-American 90 Yorkville police Department 3% appeared Caucasian to the officer. Approximately 15% of all persons Caucasian Minorities pulled over appeared to be of a 2550 4 460 Hispanic 85% 15% 343 minority race to the officers. Cf this 11% 15%, 3% were listed as African- American, 11% as hispanic, 1% as MEIMINIMMEMIAsian 25 Asian/Island pacific and less than 1% .01% as Native American. The 1004 NatiN,e American 2 Racial Crofilim Law enacted by the State of Illinois reuuires officers to mark down the race of the driver pulled over based on their observations only. This is one of many factors officers are required to record for each of their self-initiated traffic stops. ■ i ■ ■ 1111 ■ ■ 11 ■ ■ rr ■ ■ r ■ ■ ■ ■ ■ ■ ■ ■ 1111 ■ ir ■ . ■ ■ ■ Stop Data Dased on State of Desidencv National Drivers Stops % of Total Illinois Drivers 2924 % of Total Illinois 2924 97.1% Yorkville 842 28.0% Wisconsin 17 0.6% Aurora 285 9.5% Indiana 10 0.3% Plano 141 4.7% Florida 6 0.2% Sandwich 130 4.3% Michigan 5 0.2% Oswego 122 4.1% California 4 0.1% Montgomery 81 2.7% Missouri 4 0.1% Chicago 67 2.2% Tennessee 4 0.1% Under 2% ** 1256 41.7% Texas 4 0.1% Totals 2924 97.1% Alabama 3 0.1% ** For a detailed summary of all data Georgia 3 0.1% for Illinois Drivers' Hometowns Kentucky 3 0.1% "Under 2%", see Appendix A. Ohio 3 0.1% Colorado 2 0.1 Iowa 2 0.1% Oklahoma 2 0.1% /3.1% of all stops Arizona 1 0.0% h Arkansas 1 0.0% conducted by the Kansas 1 0.0% Maryland 1 0.0% Yorkville Dolice Minnesota 1 0.0% Mississippi 1 0.0% Department were Montana 1 0.0% Nebraska 1 0.0% on residents from Nevada 1 0.00/0 New Mexico 1 0.0`)/% the State of Illinois. Pennsylvania 1 0.0% South Carolina 1 0.0% Virigina 1 0.0% West Virginia 1 0.0% Totals 3010 100.0% 11. ■ ■ ■ t11 ■ ■ 1111s ■ r ■ 11r ■ ■ 111 ■ ■ 11 ■ ■ ■ 11111 111 ■ ■ ■ ■ 1111 ■ ■ ^ ` � faxb BK y Each year, the Yorkville !police Department participates in a wide variety of activities, from reading stories at the library to training at a high-speed SWAT class. Dere are some highlights from events taking Place in 20C4. As the community grows, the Yorkville Dolice Department will also grow, and will continue to provide anality service to all of its customers which most importantly portant) include y d the citizen f s o the United City of Yorkville. r ■ r ■ ■ a ral ■ r ■ r ■ r r r ■ i ■ r ■ r r r r r ■ r ■ r ■ r 1 library Time . ,1 li,, , '.4---4' 111' .4. ..::,.:,...:.,i.,'''''''' Officer Dave Delaney is shown here >. fr readintt stories to children at the F ryA ,,' a.. , D Yorkville ublic D ' ibrary. Ft '' The police Department has been sendine w ,s representatives to the Library to . '/' . liiiI participate in Story Time for about �vv { ��- m . ..v _.. ten years now. , .'s. , iiiu.ig-00 ...;,... ,,,--,..',-r4.7-7' er4•� a, _ t . .i The Yorkville Dolice Department �4-' participates in many community .,,,,,,17,,?::„:,-,i,„„ , ,..:... 403.4*,:*t;:iii,ii,,;-,v,,,,,:/,,�,, .� �, .-;,, ,�. 7. ''' . if programs which support the education ,,, ,,, -A,-,,,,,Tfi,,.:0.t-,41*.7.• . -.'1,-'. -' ::- rsP f �� ` and welfare of children. �- 9," ''�� , '��. - • , ! �. ,, - ,,fir ` -- • '1,, y aryl , ■ ■ r r ■ r r ■ r ■ r i ■ s r a ■ a r ■ ■ r r s ■ a ■ i ■ ■ ■ L? iverfrontFestival Each year, the Yorkville police Department provides safety and security for the Yorkville Diverfront Festival. ` ; T�,E E� I�R�EitEn� 1 This gives our officers a great i r ! opportunity to meet citizens and dives 1, = L z , 4. nirk : everyone the opportunity to ask 41, r .+ questions about our agency. I 5 200, Also, with the help of local businesses, Officers are given golf carts to provide faster service within the fairgrounds. The Yorkville I ike patrol is also utilized during the event to help keep ,. o , grim `1$7:3,--‘. li � � ,4 y ' �?..''< things safe for everyone to have fun. ;r �� ` '� S/Sgt. Donald Diederich (Top) and U. Donald Schwartzkopf (Qottom) are lust ' a few of the officers you will meet at the Fairgrounds. ■ ■ ■ ri ■ i SII ■ ■ i ■ i ■ t ■ ■ s ■ ■ *tIII ■ ■ M delAwardav y he ed b In 2CC4, Officer Jon Celland started Yorkville's `Saved by the Celt" _ Award. - This award is given to individuals -- - L L __ -_ {: 0 . .. . 4 involved in serious car accidents s ...° \ who were saved from injury because 0°N vim they were wearing their seatbelt. s Officer I-ielland is shown here with the first recipient of the award in --. .,..... , z Yorkville, alone with Mayor hrechaska and Chief Martin. - ma a • • • • a " Training Each Year ,.' , the Yorkville police pr , Department sends its officers to a wide variety of training to ensure a quality service for its citizens. , a With over 2700 hours of training Aar . Abs` a .M R this year alone, cur officers have r': '!'- �' r the skills and tactics they need to ' w fight crime in the 21,1 Century. h ` 4 ,,,„4,.,-. r .» e� Training ranges from officersakehl, ,,t` learning to become DUDE j-0 � h r Instructors to Special Desponse ryr Team (SRT) members honing their 4 � wa: 4 tactical skills. Yorkville also Lt. Schrtzkou( is shcwn here 4turine a SWAT training. utilizes `'Train The Trainer" courses frequently, making officers certified instructors in a certain topic, able to instruct others, maximizing tbudReted training dollars. ■ ■ ■ * 11 ■ ■ 1 1111 ■ ■ i ■ t 11 ■ 1' 1111 . ■ "Just another day on the iob ... .. The Staff and Officersw of the Yorkville policefl. Department1-k ; •- strive each day to /" provide h,,: _v_ , i quality services to its _. ,.. i customers. Ory . ; . F 1 �oi..Vit.LI Dere are some photos from -work as usual" i ` at the Department. hm I � ( Whether it's responding k to a call, typin a 4 r, `=.-0 report, dusting for �I�� ii1 , ;t"tg - prints, investieating a 17 , .. r, •""" case, or teaching DARE, - ;x .� 1vf l° i iii. our staff works together to reach goals efficiently and '417 r µ 0 effectively. y i App: :'l 1I 44 al_ 1 1.? 111 ■ ■ ■ ■ ■ a a 11 ■ 11 • 11111111 111a ■ . s11 • 11f •program Statistics •Cfficer participation System s111111111 ■ i111i ■ a ■ a ■ a1 ■ ■ si111111111111 ■ 11111 ■ ao11111 ■ ■ eiQhbcrhccd Watch As our community grows, the Dolice Department wants to grow with it. The Yorkville police Department has .0 emphasized community involvement for well over a decade. In Mi. our first officer was dedicated to Community ; � _ .. tip`• Oriented Dolicing. Now, each and every officer who joins our 4 team is trained in Community Oriented Dolicinu, and they • are expected to use it. One of the biggest ways the police department has to involve ni is through its Neighborhood Watch !Program. the community , . Yorkville currently has IS Neighborhood Watch Croups ,,4$ providing citizens a way to look out for each other and to let eM » : the Felice know when something is wrong. It really does hell) and it really Mees brine community members closer... Join Now To Delp Fight Crime! ■ ■ ■ ■ . a f a W ■ S a a ■ ■ a N ■ ■ ■ U ■ f ■ R ■ a ■ ■ ■ a I CCI) IlQhIitht In January )CCA, the Yorkville Dolice Department wasitr` .1 featured in Dolice Chief Magazine's, "Innovations in °.. policing" column. Chief Martin and officer Groesch came ', up with a way to "get patrol officers self-motivated to l'illw� 'y. initiate crime prevention strategies." officers receive {` rewards to start Neighborhood Watch groups, assist block ` ' ro' '. captains in planning block parties and in assisting in iii holding Hock Captain meetings. ' Iry l r� This program increased our Neighborhood Watch t'" participation by no /o. Now, new citizens to the area and 8M "�`� .aS \,f,,,, # 1. ? ones who need a boost to loin, have more access to the 7 .,,". police Department in the fight against crime. 1"11) Now, all officers have adopted the philosophy to uet the community involved... 0 Join Now Ic Ilelu Fight Crime! Summary of Alarm Responses by the Yorkville Police Department August 1, 2003 through July 31 , 2004 During the time period specified, the Yorkville Police Department responded to 603 alarm calls, the majority of which occurred at businesses. ❑Residential ❑School/Government 78 124 13% 21% N p • ' a 7 ys 3t;„"'F zry r ' 'tp v + ai"ft",�'t 'Ay $`� 4� � i,yr�i f`gry r k s 4 �' Wit S �� '.;., �74h'. y,Rsss�g}� �F J` Yra�' �, � �n •";,v LEGEND k Fy 3: a&`11r lrr J, ya ❑Residential I Business Business 401 0 School/Government _ _ 66% _r I J STATE OF ILLINOIS ) DRAFT ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE AMENDING CITY CODE TITLE 5—POLICE REGULATIONS, ADDING NEW CHAPTER 6—ALARM SYSTEMS Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above)regarding a new chapter to the City Code concerning alarm systems and specifically responses to false alarms, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 5 —Police Regulations, by adding a new Chapter 6—Alarm Systems in the text depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 5 —Police Regulations, of the City Code of the United City of Yorkville is hereby amended by adding new Chapter 6—Alarm Systems, as depicted on the attached Exhibit"A". This Ordinance shall be published in pamphlet form and shall be effective upon its passage. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE 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 Exhibit "A" CHAPTER 6 ALARM SYSTEMS 5-6-1: DEFINITIONS: ALARM SYSYTEM: An assembly of equipment and devices(or a single device such as a solid state unit which plugs directly into a 110 volt AC line)arranged to signal the presence of a hazard requiring urgent attention and to which the Police Department may be expected to respond. The term ALARM SYSTEM shall include alarm systems that signal a robbery or attempted robbery, but excludes smoke detectors and automobile alarms. ALARM USER: Any person on whose premises an alarm system is maintained within the city, except for proprietary systems. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of"alarm system," and shall be subject to this article. FALSE ALARM: The activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents, excluding force majeure. SUBSCRIBER: A person who buys and/or leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device. 5-6-2: FALSE ALARMS; RESPONSE CHARGES A. When the Police Department responds to false alarms received from the same premises more than three times in a twelve-month period of a calendar year (January through December), the alarm user or subscriber shall pay the city the Comment:Chief would like to know if following amount within 30 days after receiving notification of the fourth false alarm: this is redundant,given the definitions above,or if it should be left in. 1. Four to nine responses occurring in a calendar year $50 each 2. Ten to nineteen responses occurring in a calendar year $100 each 3. Twenty or more responses in a calendar year $250 each B. If payment is not received within the 30-day period, as provided above, the charge for such response shall be increased to double the amount of the initial response charge. C. Government entities, including, but not limited to, school buildings, county buildings and other such facilities, shall be exempt from this article. STATE OF ILLINOIS ) DRAFT ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE AMENDING CITY CODE TITLE 6 -- TRAFFIC REGARDING OVERNIGHT PARKING AND RESTRICTIONS ON PARKING OF COMMERCIAL VEHICLES Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 6—Traffic regarding restriction's on overnight parking and restrictions on parking commercial vehicles on City streets, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 6 —Traffic, Chapter 2—Parking Regulations by adding new Section 6-2-6 depicted on the attached Exhibit "A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, that Chapter 6—Traffic, Chapter 2—Parking Regulations of the City Code of the United City of Yorkville is hereby amended by adding New Section 6-2-6 as depicted on the attached Exhibit"A". Current Sections 6-2-6 (Towing Illegally Parked Vehicles) and 6-2-7 (Penalties) shall be renumbered as 6-2-7 (Towing Illegally Parked Vehicles) 6-2-8 (Penalties). This Ordinance shall be effective as of , 2005 WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE 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 Exhibit"A" TITLE 6—TRAFFIC, CHAPTER 2, PARKING REGULATIONS NEW SECTION 6-2-6 RESTRICTIONS ON OVERNIGHT PARKING AND COMMERCIAL VEHICLE PARKING A. Prohibition on Overnight Parking: No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device at any time between the hours of 1:00 a.m. and 6:00 a.m. on a street of the City of Yorkville. The Chief of Police, or the Chiefs designee, shall have the authority to temporarily(not more than one day at a time) allow parking to a resident if the resident can prove a specific hardship caused by this restriction. B. Limitation on Parking of Certain Commercial Vehicles: No commercial vehicle, including contractors trailers and equipment, bearing a classification other than "B" under the provisions of the Illinois Vehicle Code shall be parked for a period longer than one(1)hour on any public street in a residential district, except where making a delivery or rendering a service at such premises. STATE OF ILLINOIS )ss DRAFT COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE AMENDING CITY CODE TITLE 6 -- TRAFFIC REGARDING PARKING RESTRICTIONS ON JOHN STREET AND SYCAMORE STREET IN FOX HILL SUBDIVISION Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 6—Traffic, Chapter 2—Parking regarding establishing restrictions on parking (no parking areas) for portions of Sycamore and John Streets in the Fox Hill neighborhood, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 6—Traffic, Chapter 2—Parking Regulations by adding the portions of John Street and Sycamore Street depicted on the attached Exhibit "A"to the list of streets in Section 6-2-2, with said streets to be added into the proper places by alphabetical order, and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Chapter 6—Traffic, Chapter 2—Parking Regulations of the City Code of the United City of Yorkville is hereby amended by adding to Section 6- 2-2 portions of John Street and Sycamore Street as depicted in Exhibit "A". (Adding the streets at the proper place by alphabetical order.) This Ordinance shall be effective as of , 2005. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE 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 Exhibit "A" TITLE 6 —TRAFFIC, CHAPTER 2, PARKING REGULATIONS Add to the list of Streets in Section 6-2-2 the following: SYCAMORE STREET A "no parking"zone shall be created on the east and west of Sycamore Street between Route 34 and John Street. JOHN STREET A "no parking" zone shall be created on the south side of John Street commencing at Chestnut Lane and running continuously to Evergreen Lane. C C I j i DRAFT Resolution WHEREAS, the City Council of the United City of Yorkville finds that it is of paramount importance to protect private property from Local, State, and Federal government eminent domain powers to take private property for private use; and WHEREAS, the United States Supreme Court in Kelo v. City of New London held by a 5-4 decision that government may seize the home, small business, or other private property of one owner and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development; and WHEREAS, This Resolution in response to the above stated controversial ruling by the United States Supreme Court; and WHEREAS, this Resolution is adopted to support prohibiting transfers of private property without the owner's consent, if the transfer is for purposes of economic development rather than public use; and WHEREAS, the City Council is of the opinion that eminent domain powers should be limited to such public projects as water/sewer lines, public parks, public buildings, utility development and other similar projects that benefit the public as a whole and that the power of eminent domain should not be used simply to further private economic development; and WHEREAS, it is appropriate for the City Council to take action, consistent under the United States and the State of Illinois Constitution, to support restoring vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of power of eminent domain; and WHEREAS, the protection of homes, small businesses, and other private property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders and the essence of what they fought for in the defense of their homes and private property; and WHEREAS, Thomas Jefferson famously wrote on April 6, 1816, the protection of such rights is "the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it;'" and WHEREAS, it would likewise be appropriate for cities of the State of Illinois to take action to voluntarily limit their own power of eminent domain as it is noted by the Supreme Court "nothing in our opinion precludes any State from further restrictions on its exercise of the takings power." Now therefore, we petition the State of Illinois Legislature and its Governor and our Congress to put restrictions in place to restore the vital protections of the Fifth Amendment; and DRAFT WHEREAS, the City Council supports legislation currently being promulgated in the United States Congress and in the State of Illinois Legislature, that would clarify government's exercise of its power of eminent domain to be limited only for public use, rather than for economic development, and this standard of protection would apply to all exercises of eminent domain power by the local, and state governments; and WHEREAS, it is appropriate for the City Council of the United City of Yorkville to support Congress, and the State of Illinois Legislature, to take appropriate action, consistent with the Constitution of the United States and the Illinois Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE: THAT the City Council of the United City of Yorkville does hereby support and advocate the passage of federal and state legislation to limit government's use of eminent domain for solely public purposes and protect the property of private citizens from unreasonable seizure by federal, state and local governments. Passed by the City Council this day of , 2005. REQUEST FORM FOR SPONSORSHIP FROM THE UNTIED CITY OF YORKVILLE PLEASE NOTE:All requests must be received by the City Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, at least 60 days prior to your event for approval from the Yorkville Human Resource Commission (HRC), which meets on the first Thursday of each month. For example: if your event is to be held on September 15th,your request should be in the City office no later than June 30th to be considered at the July HRC meeting. Requests are limited to $250 per year, per organization. Event Wi'o✓4 / The G[Jan PD ;,i atg.s /9ac 1`a,.1 Date of Event a'cLg vs f jot, ''os-Location of Event cCaq;4 Name of Organization 7.-L e ..cit (t/era 71,'a i �/r Uce 7o/em Address /D 3 f 6e City e e State / ( Zip 1/3 Sr Phone 63 - 7S Fax Name of Contact Person and Title ee e ,icle,s Leo lee2/77'v f`z;j Is your event considered to be (please check all that apply): Fine Arts Sports Community Scouting Religion-based Other non-profit Who will benefit from the funds raised? Youth Adult Seniors Disabled persons Approximately how many Yorkville residents does your organization serve each year? What is the mission/purpose of your organization?%c /eek e 7471,4 y s elf; rx e 6 D; 494/7410, a lieu) CL,/lose Wo ate a : retia. ' n of /'eTai,i fie/7 a/7'4 ,Q!'Q �icifr.r/ ¢ n4/trifiarls. nea /if 5re , ea /s a, 71 ate 71g -hta'c) lame Pe/t. e"'eat Rea.t's iftne. Kee t17e07 04//` S • Amount requested$ 2 6i' °--=4 (Cash or 'In Kind' ) If'In Kind,' are you in need of Staff (Number of hours/time) OR Building space (City facility/park to be used ) PLEASE NOTE:If requesting staff time or use of building facilities/park, both are subject to availability on the date you have chosen. If time and space is available, your event could be listed in the quarterly Recreation Department newsletter. Would you like to be listed? Yes No For Office/HRC use only Approved Amount Staff needed e Building/facil ty to be used Not approved Reason Date