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Committee of the Whole Packet 2005 09-20-05 ,ctio Cir o United City of Yorkville '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: hone: 630-553-4350 L ® . Cadx4cSeal 4e, � Fax: 630-553-7575 L.E 's> AGENDA COMMITTEE OF THE WHOLE Tuesday, September 20, 2005 7:00 p.m. City Conference Room Executive Session: 1. The purchase or lease of real property for the use of the public body. The setting of a price for sale or lease of property owned by the public body. Public Hearing: None Presentations: 1. Dr. Curt Wood— Council Procedures / City Administrator Position Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. Treasurer's Report for July 2005 - Admin 9/1/05 Mayor: 1. Kendall County Ordinance Adopting and Implementing Agricultural Conservation Easement and Farmland Protection Program - COW 9/6/05 2. Invitation to Join Metro West Council of Government - COW 9/6/05 3. Revised Senior Facility Use Agreement Update — CC 9/13/05 4. Agreement with Salvation Army Golden Diner's Nutrition Program 5. Agreement with Community Nutrition Network & Senior Services Association of Cook County 6. Review Process to Purchase Downtown Post Office Building Update 7. Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process 8. City Administrator Replacement 9. Part-time Employees Exceeding 1000 Hours Page 2 Committee of the Whole September 20, 2005 City Attorney: 1. Heartland Circle Subdivision - Bollweg Easement Economic Development Committee: 1. Development Agreement and Rezoning for Robert and Debra Dearborn— 201 S. Main Street and 204 Hydraulic Avenue - CC 9/13/05 2. Del Webb Annexation and Planned Development Agreement - CC 9/13/05 Park Board: 1. No Report. Public Works Committee: 1. 129 Commercial Drive - Sidewalk Agreement - PW 8/22/05 2. Cannonball Run Plaza - Sidewalk Agreement - PW 8/22/05 3. XPAC - Sidewalk Agreement - PW 8/22/05 4. State Street Watermain - IDOT Highway Permit - PW 8/22/05 5. Cannonball Estates Phase I - Letter of Credit Reduction #5 - PW 8/22/05 6. Cannonball Estates Phase 2 - Letter of Credit Reduction #4 - PW 8/22/05 7. Raintree Village Unit 5 - Earthwork Letter of Credit Reduction #1 - PW 8/22/05 8. Route 47 Widening - Jefferson Street - PW 8/22/05 a. Schoppe Design Associates Proposal for Planning and Design Services - PW 8/22/05 9. EEI Consulting Agreement for Fox Road Regional Stormwater Study - PW 8/22/05 10. Final Acceptance of Street Lights in Heartland Circle - PW 8/22/05 11. Results of Sale of Public Works' Vehicles & Equipment - PW 8/22/05 12. Emergency Vehicle Pre-Emption Equipment - PW 8/22/05 13. Menard's Commercial Commons - Final Acceptance of Landscaping - PW 8/22/05 14. Policy to Allow Staff to Approve Letter of Credit Reductions & Accept Public Improvements for Small Developments - PW 8/22/05 Page 3 Committee of the Whole September 20, 2005 Public Works Committee (con't): 15. Fox Hill Unit 3 - Additional Parking - PW 8/22/05 16. FE Wheaton Expansion - Plat of Easement - CC 8/23/05 17. Fox Hill Unit 6 Lot 2 - IDOT Highway Permit Public Safety Committee: 1. No Report. Administration Committee: 1. Raintree Village II - SSA Proposing Ordinance - Admin 9/1/05 2. Special Census Office Lease Additional Business: 1 t September 15, 2005 To: The Mayor and Alderpersons of the United City of Yorkville From: Dr. Curt Wood and Dr. Gerald Gabris, Governance Facilitators Subject: Amendments to the proposed governance process plan and transition thoughts In a memo dated September 2, 2005, we submitted a proposed plan to implement governance enhancements that were discussed at the August 30, 2005 Committee of the Whole executive session. In light of the recent announcement of the resignation of the City Administrator, we believe it is necessary to make a few modifications to the proposed implementation plan and to offer our thoughts about city administration during the transition period. In the proposed implementation plan,we recommended that the Administrative Procedures/Processes Task Force focus on developing a proposed city administrator ordinance and that this item be a lower priority than developing a regular and meaningful written communication mechanism between the City Administrator and City Council. In light of the recent developments, we urge the Council and Mayor to consider the creation of a City Administrator ordinance as the number one priority for the city and that the entire council work together to develop and approve the ordinance before the process of hiring a new permanent city administrator begins because once the advertisements go out, interested applicants are going to want to see the ordinance before applying. We have provided you with a model city administrator ordinance that can be found on pages 15-17 of"A Guide to Hiring a Chief Administrative Officer" published by the Illinois City/County Management Association. We anticipate it will take about two months to develop and approve a city administrator ordinance. We also suggest that the hiring of an Assistant City Administrator be delayed until a new permanent city administrator is selected. 1 We believe the Mayor and Council now have the opportunity to fashion a city administrator ordinance that creates a more professional and accountable city administrator position. A professional city administrator position will attract the very best applicants and make it possible to proactively respond to the increasing complexity of the urban environment. A more accountable city administrator position will make it possible for the legislative and executive branch to work closely together in meeting the challenges of the future. We also suggest the two recommended task forces begin meeting after the city administrator ordinance has been approved by the Council and the process of selecting a permanent city administrator is underway. We do not recommend any changes to the agenda or priorities mentioned for the Legislative Procedures/Process Task Force. The Administrative Procedures/Process Task Force could work initially on a mechanism for the city administrator to develop a regular and meaningful communication mechanism for the council. Once that has been accomplished, the task force could tackle recommendation#7, finding ways for the city administrator to free up his/her time so he/she can spend more time supervising staff and communicating with the Mayor and Council, and then recommendation# 8, redesigning the city administrator's annual performance appraisal process. Dr. Wood is available to provide the task forces general direction and advice if that is the wish of the mayor and Council. Transition It will be extremely important for the Council and Mayor to hire an interim city administrator as soon as possible to manage and coordinate the day-to-day administration of the city until a permanent city administrator is selected, which could take as long as six months. The interim city administrator can also assist the two task forces in their important work. The 2 International City and County Management Association(ICMA) Range Rider Program, made up of retired managers with extensive experience who volunteer their time and expertise to cities, is available to suggest city managers/administrators who are in transition and who are available to serve as an interim city administrator. In addition, the Range Rider Program is available, at no expense to the city, to offer advice and ideas about how to go about selecting a permanent city administrator. However, if you wish to have a range rider manager present throughout the entire process, there would be a cost to the city. We have included information about the Range Rider Program in the event you are interested in pursuing this option. September 20 meeting At the September 20 meeting, we recommend the Council and Mayor take the following actions: • Discuss our September 2, 2005 recommended governance implementation plan and suggested amendments to the plan as outlined in this memo. After discussion, approve a resolution accepting and adopting the governance implementation plan. • Discuss and approve a process for hiring an interim city administrator. • Discuss and approve the process for hiring a permanent city administrator. 3 ILCMA Range Riders Page 1 of 2 ITS A 1-1 I ` iamity f311nt i 5 It . ti The Range Rider Program HOME User ID About ILCMA ► The ICMA Range Rider program was established by the ICMA Executive Board in Passwor Membership ' 1974 to make the counsel, experience, and support of respected, retired managers of the profession available to city and county managers and ! Member Calendar of Events administrators. Range Riders are retired managers with extensive experience Services who volunteer their time to provide a unique source of outside counsel to their ._,,.._.. ._..,.- colleagues. There are currently 75 Range Riders in 22 states. Job Ads Friends of ILCMA Range Riders are available to meet periodically with members in their states or Public, Web Links areas to discuss the profession and concerns of managers. Discussion topics range from problems with mayors and councils, overall management questions, • The Case f Site Map relations with ICMA, responses to local controversies such as referenda on the council-manager plan, to career development counseling. Manage[! A • A Guide to Search. . . All discussions are confidential. Range Riders are friends, colleagues, and Chief Admi counselors to the profession- not consultants. The Range Rider program is Find It! designed to help with personal and professional issues, not to provide technical • Diversity R assistance or solve substantive problems in a local government. Range Riders Guide El also help communities interested in adopting or retaining council-manager 7:-.1L-'7 Send Us Email government. Range Riders are not compensated and the program is designed to expect from , the Range Riders only the time they feel comfortable donating to the Announceme Contact ILCMA profession-usually a few days per month. Only expenses are reimbursed. Range Riders are selected jointly by the ICMA Executive Director and the ILCMAICM partner managers'state association. Expenses are shared by ICMA and the sponsoring Partnerr ed tc two differ state organization. conferer Mailing address: scholars! ILCMA Range Riders for ILCMA opportunitie Regional Dev. Institute for ILCMA/ Northern IL Univ. members a' DeKalb, IL 60115 David Anderson 119 S. Parkside Rd. time attende Normal, IL 6176 one for IL Phone: members wl 815-753-5424 309-454-2389 not ICMA me Email: dav e anderson24@gte.net Click here Fax: details on th 815-753-2305 Stephen Berley ICMA Membe 2208 11th Ave. Annual Conf Sterling, IL 61081 Scholarship 815-622-9836 Avai lab Email: • b: o.c om ILCMA now Robert B. Morris ICMA Creder 60 Knox Circle Managers Evanston, IL 60201 Candidates. 847-492-4883 area creder •.ail morrrstcma@.•: . om manager an, not receive, Greg Bielawski ICMA Creder 232 El Paso Ln. Manager pin Carol Stream, IL 60188 contactArr 630-462-1876 Relyea ILCMA Range Riders Page 2 of 2 Email: g,bielawski@gte.net arelyea@icr AL top Click here fol information c the Range Ri( Can do for yo ©2004 ILCIMA, tat rights reserved. Page design by Vision2l Enterprises. Read Our Disclaimer Updated: August 1, 208 ç\/1 1 q.uazEa6 u -1C-7-n:E)/4-.1Dscr:ulirE aPRICE3EF.LTIIII 8331330 311.I.11.1111ISIMiLXcI 33I33 V ONIIIIH; OS Sano v ..... ..__...... A GUIDE TO HIRING A CHIEF ADMINISTRATIVE OFFICER* RJbli stied lry the Illinois City/County.1\filagernsrat Asscciaticn TABLE OF CONTENTS Ste s in the Seleoticri Puss Page 1 Fbu l at for an Adninistrator Prof-1 e Page 4 A Sample Administrator Prof i 1 e Page 5 Interview Q ter;tris Page 7 Surtrrary of Suggested Interview Techniques Page 10 Oral Rating Form Page 11 Ordinance for Creating City/Village Pd„i ni stsator Page 15 *For p rposes of this d, it, the word"administrator" is uti 1 ized thrwtut. "Administrator"rrnans "chief administrative officer„ "city manager" "city administrator", "village manager", "vil l age administrator" "tan marker„ "ton administrator", "county manager" or "county administrator". L_ STEPS IN THE SELECTION PROCESS Tra following id3nti fi es arra ell ains each step in tip solectiai . Estimates of de tine each std should take are also indicated. Tine Raterzfre I DEFINE THE POSITION AND DEVELOP A PROFILE FOR THE INDIVIDUAL 2-3 weeks 1 Review any local ordinances or State statutes that created the pcsitiao to nake sure they accurately ately reflect tie city's job re airareoits.Ftr tie purpc=of this down-Ent, "city"means"city", "village", "incorporated ter" or"county" and "city=oil"cr"cLL i11 a l" -�"city ' "�;-�'�cblc\board", "tan board" or"oomty board." U If to city is about to=lit its first adoinistratcr, tie Tl l no.s City/Canty Managanent Association (=A) Secretariat can provide copies of model ordina nes and other infoirratic r cr tare cities and icesi lam;l;ties of an ad-oinist rator. The oantact infonratiah for tie=A Secretariat is incli rd as an appendix to this cbourent. 2-3 Taal= 2 Aprofi1eoftie skills, training a-ra qualities of de positicn druldh=oblc Irl by the gcuernirg body. 'this can he dam with tie aPistance of the rcaterial provided by the TEM A Ser retariat, =age-re-It recruitment consultants or other sources. If tie city is about to recruit its first adrrini stsatcr, it is possHlol e that tie rl ; and reit_' i 1 i ties of tip new adrinistsator position nay have been cn ntaired within tip job desoripticrs or l el ordinances of adstingi 1-i crus like the city clack, collector or oar .itroller. Sane of the clati.es and respcnsibilities nay rot have ban carried est de to lark of expertise or lac of tine. If time reapmsi lities are ism tart to tine=oil, they shnuld be a irr± in tie ed-rinistrator job IL PREPARE AN ADVERTISEMENT AND ESTABLISH THE SALARY RANGE Can be de chrizu Draft a job arra re rt. If tine applicants' resres are ever to he nade available fizst weeks for public ret iag, the motes should]r so infc.)n ced in the arivertisarant. II WHERE TO ADVERTISE 4-6 wok 1 The three Trost cannon pablicaticans for placing position announcements are the International City/County Managerelrt Association (ICMA) and=Mk Neneletters and the ILlirris Municipal Review. Ot>- r plate to advertise are the local and regional newspapers, bat they rounelly do not prove to be of mach value )e to the qoecialized nature of tine work. Contact.nares and addresses for the municipal pablicatians may 1c found an the back Dover. 2 Pr maaledg rant letter. A letter thenk rrg a candidate for his or her.interest sirruld ke sant an city staticrery as soon as an 44.1icaticn has been received. 1 Tire Regui-red I SCREENING OF APPLICANTS 2 seeks Srreai r jr can}fin after the closing si rrg date far ,licaticns. This screening can be done by the full oo nail or an appointed sub-cambttee. Frequently, an appointed s±-osurittee can screen the initial nurber of applicaticns to weed cut those without the basicqualifications for the p siticn. DEparling cn the narber ant the process you have a roves, Al 1 ,licaticns received nay or nay not he fore arded to the entire mar-1011. It is recaunanded that the applicants be notified of their status cnce the have bar e]i narqd from ary further oonsideratim. BACKGROUND CHECKS 1-2 sees finalists celecte3by the axrcil should have abaanr1 check. Tis should daTe by a person or yrs desk tea by the council, but it v zxrld he helpful to have people with die.nce in this area such as the chief of police or a police ceteotive. Bacicgra.rd desks are>equal l y rrade with work-related ontacts. Tra scripts of Ri ratio al c?egrees are often requested to verify that degrees have actuallybeeo eanm1.Althxxjn sane cities seekwrittsir referee , phone cel l G are quicker axe often more candid. W. INTERVIEWS 1-2 sux9= 1 It is important the entire=arca ix-bat-view firzilists. Interviews should be sci-Eciiled as close together as possible, preferably az tee sane day, to assure ell treatrrant of all candidates.Jdb-related qu tiazs sloildhe prepared in advance and asked of al 1 candidates. Sa:rple questions mol an interview stmt begin al page 7.Normally, a citypays transportation costs, reels and lodging for candidates heixxg interviewed are their sp as and/or families that will he roving with than if they are din for the position.. A sunnary an interviewing te3nriques is isrli rIxl cn page 10. 2 In sane cities, annals have also involved other nariers of the=amity in the interviewing process with the final candidates.Iters of the con ci l trayverrt to consider a pawl interview of the finalists by makers of the charier of amerce, kcal civic or charitable institutions, other local govern-rents cr city staff. vi_ NEGOTIATIONS AND SELECTION 1-2 sux3k 1 Um the city has relectaf its preferred carolidate, there are still neral chn i ars that nil to he Trade. Someone frau the can�cil xray wish to visit the candidate's art city in order tospeakperemallywithp,Isle there abort the adrrinistr_atnr's performance.Nischanical deka11 s also need to he decided. A salary needs to he agreed fin.Having acenses for the successful candidate need to he discussed. Frirsje benefits nil to 1-e negotiated Inmost case, OE oa.un it should be prepared to cls s-3 ns an arployraot c ntxact/a2re meat with the new adninistrator. 2 2 Required* 2 Other finalists druid rrt be rejected until l c ityhss reached agreement-frith its tcp candidate.Negotiations IceoneEn the city and its tcp candidate cccasiaellybreakdam, requiring de city to turn to its second deice. 4 colts 3 Mast 3rnni_siators will require re a rrthimm of thirty (30) clays to give entice to the present erplgy s Irl relocate to a nag city. 4 The axil rust refrain from any annazacernait that the pasiticn has bean fi 11 sd until all 6=4-al 1 s a d/cr-a cart are final i zE cE d the cencliclate is agceeable as to the timing of the met. 2btal ture xiixEd: 1722 utxlk 3 FORMAT FOR AN ADMINISTRATOR PROFILE (Far Council Use) mile nd, skills and.qualities i ties yw feel your citynesds in an administrator. General Importance (Fizgtz,I✓ .. Ica) 1 Relevant tip 2 Relayaz-It Experience and Past Performance 1 Q l Relaticns 2 M nistrative Ability 3 Written and Oral Ccrm2mication 5 11s 4 Emmet /Finance/Information'Itob mlcgy 5 Human Resources / Risk Management / Bfi is PLirdnistiatin 6 Labor Relatic s/Orlle✓tive Bargaining ng 7. Carmunity Relations 8 Intergover metal Relations 9 Eo r nic Irrvelcprent /Revital i Vatican 7D. Imovatic n and Major Achievarents 11. Infra ri rh andF i lities 32. = i ali 7e3 acpertise vhich nagnt pertain to your city, e.g.ui-i 1 i tyrraaganent, solithaste ladfill manag u,lit (In specific) 4 A SAMPLE ADMINISTRATOR PROFILE FNiiratiai arrl Experience: A lor's degree or equivalent ago_eria,ce in nunicipil goverment sl r ild be mired, a Masters degree preferred. Armnimun of tree (3) years of public ministration exeria e is required,with five (5) years prefer/Ed. Past execiare of irrlivalal mast dzzvpecfor- rcace in areas including mnlicipal budgeting and fig, bion resource naaagar ait, infonraticn tefnology, risk rraaga.art, grants prow] arent ar3 administration, eco- nomic doelcpralt strategies, larder standing of state laNs, and other relatsfrratters iroluf- irrg land raea pimping,ng, zcra ng rteg11 aticns, engii rrt r g du a3 publ is vim. Prior-Illinois experience preferred. Experian aid krxwl€s3ge in rrunicipal aoaantirrj is desirable. Skills arra Past Performance: 1 Af}rrinistrative Ability N 1,st have darcnstrated perfonrence in l Haran=Limes and/or collective bargaining ng for a =unity having not less than 10 arploycce. Good ccummicaticn skills are a must, including the ahi 11 ty to lister, c r rani ricate with various segments of the osrrnnity, and cevelcp gond relations with the basi=s=Trinity. Person mist h willing 11 i n to devote vhatever tore is ray to aThi.ere the goals aid guidelines astahl i shx7 by tle 1. Ki ale-ge of boa to organize n nicipal departrants, aid thrrnstzatai leadership quail- do i ,le. 2 Council Relations Abi 1;ty to take time arra rntcrort in irking with=oil mariners to keep than infonred aril explain tsd nical.processes. Sliculd be able to adequately inform the aanr_il cri a regular s so there are no surprises. Rathvnittai and oral aaunnicatims with tl� cora rid are essential. 'Ihe person mast h=able to amt constructive criticism cud to irrple- merlt the nem changes. Candidate mast be open and hmest with the council ad able to present all si cis of aa i aa 1a vhidi affect tl-o city. The irrfividial mist be able to wry out the interti nils arta cbrectuns of the onion enthasiastically. 3 Budget and Finance o 11 d have darcnstrated prior sgar±eace in rrana rg a city budget. Experian and e>actian in grant prrr,lra it-is c3esirable, as vel as dealing with city wreck r iti 1;ty f$ . 4 Collective Bargaining/Haran.Resource Management Mist have sure knowledge of Illinois labor relatiacs laa, with preferred daraistrated ability in th?collective bargaining g prod ss.Mast dencristrate a wl i ty v id r can camtmicate city goals and needs to aarployc. 5 5 Ccurrunity Relations Candidate mist have darctistratef involvement.in oaunumity activities. 1 .1perienoe r orRing with arl understanding ng the needs of the business oorrrr unity is highly desirable. C ardidate shoaldbe able to przscnt a oc fident irr e of the city to the=amity at large. Mast he able to derrchstrate a positive, prodctive attih r-lc to ci.tizans of the=unity. 6 Intergcveramental Reatime Mast he able to relate toad cbvelcp a good working relationship with other ccrcraraities, county govenarents, schools, other local govemrEnts, and state and federal agencies. 'Z Irarnraticns and Major Achievements Persznrrust he able to set parses rel and aTplayec goals, and he creative arr1 aggressive in seeking solutions to city problem 3a1 s mist be able to sock and receive support art involvarennt frau the council, e rployccs and the=unity an various topics. a Infrastructure and Fa=ilities Prior knowledge in the c aratian of eater advaste, r-uti 1 i ties and sL.LeI_drainage waald desirable.Ability to ci=e1 with mints acre a L3.project funding is clesiiralole, i r2 r3irg the ability to cel with erg reering finis and other types of a t ts.Experience in contract- ing for servirns like solid vaste hauling and recycling, alorxg with vorldng knswle b of infcarraticn te -nollcgy, is desirable. • 6 INTERVIEW QUESTIONS 1 How WDuld you characterize your style of nrnageme[it? How do you relate to the Mayor/Presid t/Laard Chair and the Council, erploy , department ment leads, boards, aril the general public? 2 Get do you perceive to the Administrator's role in wor}arrj with the Coil? Hoa do you view the role of the IvSqyor/President/Ecard Chair and the Council in deaLir-Q-with the Administrator and the adninistratiai? 3 Rased on your ed r-aticn, experience and btadag-ouad, that do you oonsicbr to be your strengths in dealing with municipal problem? 4 Recognizing the limits of span of aactrol in an organization,zatioin, how and then do you oblegaterepousi_bi�ityar1 qty? 5 In your cpinicn, that role should the Adr nistrator have in the=unity? Do you believe the Adniniistrator should be an active ire-ricer of a service or fraternal rsrcanizati cn? How do you deal with the news media? How do you teal with penial into r=t or single intorcot graqcs? [What is tle best vNay for an Administrator to ci-,al with an anjry constituent; cn the phone? at the frrnt=ter'? rn tip street? 6 Have you had speriEnce in collective bargaining ni r g an1 lir negoti ations? Have youHave you been at the bargaining table and bareactively engaged inneptiati ga oa ? Have you had to go to meliaticn, fact finding rrg or ani tratiae? 7 7. Have you had to deal dirrrtly with pees rrel problems? Have you ever had to demote or fire an erployee? Plese elaborate. Have you been involved in training or motivating employ=? 8 Are you fariliar with state dal federal lays relating to non-discrirninaticn, ADA.a-ri equal ? Have you had any operience in dealing with chargor of disnrimumticn or a griava ce filelagainst ycuorthe altyyou have ? Have you 1=involved in d velcpirg par-sorrel rules, regulations and pr res? Mat is your experience with employee baiefits administration, grr .p insurance and risk managarerlt? g Vinat is your eperience in the area of mmicipal finance? Have you.been involved directly in the mics of budget prepar aticn? Ware you the designated budget officer for your city and did you prwant the bxget to the Cantil? 10. Have you administered any type of grant progr nts? Ple ,list. 11. Have you had experience in developing and recarmancling policies to the Ca ncii relating to growth (ie., a'naatirn, elicansjaa of utilities, s 1ndivisim starrian�, etc.)? 32. In the field of intergovenarental relaticns, hat aperience have you had in dealing vnt (a) Councils of govet7rrent/intargoven tal age-cies, (b) County goverment, (c) other local grants (sols,packs, etc) (d) State ages, (e) Fetal agz es, (f) StateLislatrre, (g) Congress? 13. Have you been an active participant in the activities of a statewide municipal lei, a statewide city or co nityrrtaarant associaticn, the Internaticnal City/Canty Managerent Association (IQP) or other professional organizatic s devoted to local government? 8 14. Wt is your opsrience in sq:ervising public works functions? Did your experience cover the foLlowirxg: (a) Street naintalaioe and crnstauction, (b) Cperaticn, raintenmoe and constructicn of nunicipal uti ties, (c) al:aryls:ion of caistructicn/rahaloilitaticriprojects, (d) Interactionwith=suiting engineers aid other prcofc-iri cnals, (e) Projects utilizing state aid federal furrling? 15. De you uiderstarri the basics of nunicipal debt financing? 16. DD you have any experience in Land use planning and zcning requirernsnts? 17. inlay di_d you ply for this pc)sitian? 18. Wiat questicns do you have of us? 9 SUMMARY OF SUGGESTED INTERVIEWING TECHNIQUES Following are sore recortmended"do's" and"don'ts"vii interviewing candidates. Render that the lag does not prohibit arployers from obtaining all the information about a carrlidate they din important, so long as tip questions are job-related ail do not elicit infornatiau which could 1-P used for discriminatory p rpo=. Do: 1 Q rt;cn objectively. Relate q ext-;c s to the requirarents of the jdo amide aonsistent from are a licant to ti-e next. 2 Ask questions that require more than a yes or no aver. Use general oropen-ended 4esti-o s. 3 Avoid urthly syrrpatdrtic or uns'rtpot tic wards, gest or"FAH al expressions v rich would make the carrlici to think you agree or disagree with his/her ansgsr. 4 Avoid posing a prolan or situational west-ion carbinedvrith possible solutions. Let the candidate generate his/ler ran solution. 5 Icvelop q ori cos lased on earlier statarraits maw by the c_arriidate. 6 Ask questions si=sigaed to area age the candidate to reveal v,eat knowledge and /she po=ses. 7. Avid"trick"questions. as. 8 Avoid displaying your personal opinion or vianpoints thrarja the questicns you ask. 9 Listen attentively to every questicn asked.and evy answer given. Make the cur r idate more that you are listening by looking at him/her while spealoing. D n't 1 Don't let earlybiases form. 2 Don't ask u necessarily lag questicns. 3 an't let the ca raichte digress beyond the mint of erg the questions sari sfartor-i ly cr slrwirrg that he/she intunable to ansger the q esti al. 4. Don't ask omforcntaticnal or inti ti htirrg questions.. 10 ORAL RATING FORM Applicant: 1 E>.:perience and FStise • Fc_olicability of epriano to ytur city ar0.its prd±lers (0 Involvement in al 1 phases of=iota].=ices • I pth of experience O Degree ofpast rt -x3]sibility 0 1 2 3 Not W l Recommended QiAlif;ai Qval;f; Superior Corrrrents: 2 P x-aticri Relevr rt oallye or advaiced degree (C) al 17rxl training (:) Keeps current with new technology aril advancements 0 1 2 3 Not VJPl Recommended Q ;f;Ad Qril;f;ari SUPe iCr Comments: 3 Carrnmicaticn Skills Ability to t razsriit i±a clearly Od Ability to orga-iize ices, s xt rarize aril express tl-,an with caifidence • N n verkel attmiiicaticn skills (physical, eye act itact) 0 1 2 3 Not Well Recommended Qta1;f;ei Qualified Corrments: 11 4. Leadership hip Traits Ability to W3rk With others • Abi 1 i ty to rrake c -i signs did render judgments • Operness to alternative broaches 0 Fits yair ides of the type of irdivic al for thop sition O 1 2 3 Not Vbal Recommended Qual i fi xl Qsal i fi ar1 Superior Congnents: 5 Rt1ic Relatia s (a) Ma ner in v hich thea licant ores across Persmality traits in relatim toil i tyof city (0 Approach to the revs media Rossille hl ad With the orsani zati cr O 1 2 3 Not Well Recommended Qualificr3 fiar3 Superior Comments: 6 Flet end Finance ( ar?erstarding the mechmics of a budget (0 Knowledge of bxigeting for capital inprovclts • Graqo of fi narr-i al a±thii straticn Knwal3e of fonration of local irrprovarant districts/other cwt financing ng vehicles Ability to work with a lean budget O 1 2 3 Not V U Recommended Qialif5x7 Qpalifixl Superior Commits: 12 7. larrr 1 Experience in l nonan resource management • Abi 1 i ty to deal with persornel problems aril problem arployc= • Experience in training and motivation of arploy= 0 1 2 3 Not Well. Reccumnended Q1Alifierl Qsalifierl Supericr Comments: 8 Economic Development Cveiall knowledge of growth aril ceveloprnent techniques (t) F rience in cbnntr..znn/basi ness district develcprrent 0 1 2 3 Not V1�11 Reccnnnended Qualified Qualified Super-icr Comments: 9 Public Works • Knowledge of stmt rraintarnxe anf onstrvcticn practices • Krrwledge of c ations, maintenance and amst=tion of uti.1;ty services Knovlre of public vyorks administration 0 1 2 3 Not Well Recommended Qualified Qualified Superior Comments: 13 10. Grants Knowledge of programs Experiare in administrating a grant progra n p it to the regulations of amtY s g3JemTrt's rules and regulaticns 0 1 2 3 Not Well Recommended Superior Continents: C aunsnts: (Special observaticns during interview) 14 An Ordinance Providing For and Creating the Office of City (Vi ) SECI1C1' 1: Office Created-The office of City (Village)Administrator is hereby created subject to depre iisicre of this ire. SEL'IIC N 2: Qualifications i ficaticns of City (Village)age)P.clniristrator-The City (Village) Parthiistrator shall be chosen by de Mayor and City Council (Village President and Board of Trust=) solely cn the basis of senativeandativecl a i fi caticnswithspew;al referareto qoecificprofessicnalei r— tial for, actual experience in, andkn wleda of acceptedpractice inrespect to de adriinistraticnof local goven rr 1t and to the dl sties of the office as specified 1 cw.Thea uintt i it shall be race without aciisidEratiaaof the didate7'race, max,politics,ca religin iRbeliefs.71-eperscncE4pintedtothis office neelmtbearesident ofthe city(vil(village) of the state atthatine ofappointment.Neitherthe l rx3r arryrnarber of the City Council (the Village President nor anyrrgrber of the Vi 11 age Board) shall receive such a .uintrrEnt during their tears of office orwithin twoyears after the apiratiaz of that tern. =ON 3: Appointzrent and Relationship to Elected Officials-The City (Village) Paninistra- tor shall be arpointed to an inobfinite tfarinof office by ail ajorityvoteoftheCityOauril (Village add) . The Administrator shall, in all cases,1 e subject to the aathorityanddirectiar of the Mayor ardC ity Ccu r'il (Vil 1 a Prmident and rd of Ttustrr;) . STI 4: Carpeclsation and Tens of P pointrrent-The rate of carpensation of the City (Village) Parrinistrator shall be set by the City Council andnayb=adjusted from tine to tine as the Cowell (Bard) dccrrc appropriate.ate. subject to the tears ardcmliticns of state lawarrl this ordinance, the CityCamcil (Village 1 age Bird) and the Pdn nistrator shall enter into an arployrnent contract v,hich speci- fies irn\riting de level i- fiesinv,ritirrgthelevel ofouteatiaioft1-ePaninistratnr, frirrebaefitsirr_ludirrglevels ofsmart for thAitinist rator's dont i n,i ng professiaral ed r~aticn, agrrra rents for s ratiaipayup n taarEnation of the Prlyd.nistratnr's arplaynent, other arpropri ate agre=nts describing theworkingrelaticnship betAeentlePdninistratorand.ele tedofficials, and Ca ml's (Board's)perfornancee ertaticns for th Administrator.strator. This agree at shsaldbe reviewwt and revisedbynutual agreement of the parties at periodic intervals of rnrrore than aeyear's duration. Shi211CN 5: Rarnval of thePdmnistrator from Office-The City (Village) Administrator shall be subject at all tines to=oval franofficebyauajorityvoteof3/5thsofthetotal rrari ershp of the Cetyl (VillageBoard.) . C ptiaal Satin.5 =ON 5: Removal of thePdnisri.strator f cmOffice-The City (Village) P iinistratorrray be suspendeclby a resolution app rovedby the ittrj ority of the total menbership of the City Council rcil (Vil- lage Board) which shall set forth the reasons for susp isicn ardprqcood raroval.A copy of such resolu- tion shall 1-e served innediatelyupaa the City (Village ate)Paninistrater.The Pdninistrator shall have fifteendaysinvhichtoreplytheretoinvr-itinganl, upcn rpt, shall be afforded apiblichearing, vhidu shall dun rrrxat earlier than ten days nc r 1 ater than fifteen days after arhhearirrg is rapestedd.After thepublicharing, if crebe molested, aid after full o sicler-atiar, the CityCourr 1 (Village l ag B rd)bya rrajorityvote of its total 1 Burneyadopt a final resolution of=oval.The City (Ville) Pd inis- tcatnr sl-all continue too receive full salatyliti l effectivedate of a final roll ori cnof re roval. (This provisiaiis taken.verbatim Lan th2 l CityChart r.) S ui''±Q 6: Panes ardDlaties-The City (Village)Pori ristrator shall be responsible to the Mayorand CityCouncil (r1=identand Board ofTrustees) for the proper acininistraticn of al l affairs of the 15 City(Villa )l ate) .Indischargingthis responsibility, theCity(Villi) sla1l: (l) Direct, sL.Tervi. , andcoordinate a minist ratiarofal1 departments, offireq,anagar cies of de City (Villa ), arept as otherwi.. is 3by law; fel Appoint and, whennecessary for the good of the service, suspend or remove all city (village) arployoo and appointive adrinistrative officers e>rqotv r o seproviclal forby law.All appointments arerarorals shall l Abased solelyi p merit dr LIcn qualifications ordi an gal i ficatic s of de irraividels iii of ,vaitlxxt regardto ram,sax,religious chi cus cnivicficr s,orrpolitical belief arafFi 1 i a- ticn..711-e City(Village)d1istrah rrrayaatYnrizeanyadthnistrativeofficer, subject to the Prininistrat-nr'sdirectiararrlsupervisicn, toe 'c th=rpcverswithrespecttosabordinatesinthat officer's c rtrreit,office oragary; (3) AttEndal 1 CityCmi l (Village Board)neetings.The City(Village)1 age)Pdrunistratnr shall haveriThrtotalepartfinal1 discussions,hit shall not ote; (4) Prcavice for the enforcement of al 1 laws and ordinares within the City(Village)age); terve as City (Village)ate) Ret Officer andprepare and submit to the City Ca it (Village Board), by the date set by the Council (Board) , a modal-ended arcual budget for City (Village) opera- tions and a recarmanded capital program.tnben the annual budget or capital pr gramhave been ap- bythe CityCa i1 (VillagePrard), the City(Village)Addnistratrnrshall her the adninistrationof saidb.tet orc capital fin; (( Sic nit to the City Council (Village Board) arxlrrake available to the public a airplete report aide finances andadrt iistrative activities of de City(Village)l )as of de enlof each fi soal year; (7) Make such other reports as the City 0=11 cil (Vi1 l age Ecard)rray require ire e rni ng the rEmeatiasofcity(village)dEpartanats,officr ,maga ; a Keep the CityCcuncil (Vil l age Board) fullyadvised as to the present financial=aim and futureneeds of d-e City(Village)1 age); 9) Advise the City Coil (Village 1 ace mrd) on it g c isicns of public policy and main mal to the Council (Board) the adoption of suchneasures as the Adninistratorrray deannecessary or a<pedient for the health, safety, ory alfare of the corcranitycr for the improvement of a±i ni services; (10) B=_r nsi hl e forprocurarent of cxrunodities aril services for al 1 City(Vi 11 ac) t- irbiits, offices, arid cies, anilprcnulgatep rchasingrulesvlaichshallb=follatedbyeiploycmin the pr anent of goods arra servioss; (11) Propose to the CityC it (Village l are Baard) suchpersarel rules dr rl regulations as the Pdrdnistratrrrdears necessary tornanagethepersar.elpoliciesoftheCity(Village); (12) Be re:spcnsibleforth=cuntofal1 oollectivebargainingprocesses ofdeCity(Villae), andreccuarad to the CityCo moil (Village l age ped) collective bargaining its for ccnsideraticn a1 dpossi hl e final mal by the C unci l (Ecard).Tre City(Village)l age) z ,;.gator shall bP responsibl e for administering all srployeacrganizaticn=tracts readedthrough.de collective bargaining-process; (13) Provide staff support services for the Mayor ar d i rsrrB lx of the City Council (Village President andzs of the Berard of Trusts ); (14) Perform.such other cities as maybe specifiedby law or City (Vi 11 age) ordinance or as xray frantime to time be requestedby the CityCai cil (Village 1 age Board) . SECTICN 7: Bail-The City (Village) Pbministrator shall furnish a surety bond in the arcrnat of$10,000 to be approval by the City Council (Village Beard) . Ilabond shall beec ticnedcntle faithful pfcura ce of the duties of the of fine.'The prarthxn for the bid shallheidbytheCity(Vil- • S= Cr 8: Act ngPo.rrirristrator-If, because of a tarporaryatsexze, czi Sabi 1 i ty, or illness, the City (Village)ae)Pdriirzistratnr is unable to carry cut the function of this office, the Mayor anclCity it 16 (Village President and mrd of Trustees) nay appoint air of the City's (Village's) senior anis- tivestafftos easa✓tingadnnistrafrrardlcanycut'dedutiesoftheP nistial-nrdaring de Paranistratnr'sabsence. U11_CN 9: Matters Directed to Prlyd nistrator's Attention-No citizen or elected officer of the City(Vi 11 age) shall dictate t e a inelient of anyperscn to, cr their ratoval from, officeby de City (Vi 11 ar- )?drinistratcr orbic yof the F nistratnr's subordinates. Eft for t of i ncl ui ry, elertaf ty(Village)) officers shall del with tie adrri ni strative service thrarja de City(Village) age)2 drdn istratrsr.Fri e✓teriC ity(Village) officers shall ilk e orerstoanydmtesoftl-eCity(Villa) Adninisteatcr,eit clya privately. =TIN N 10: Authority of Other Officers-Nothing in this Ordinance shall he deemed.to diminish=detract&unte statyps sandauthorityoftleCity's (Village's) elected offiH 1s. SELTIC N 11: Repealer-All ordinances, resolutions, andparts of such ordinances and resolu- ticn inaczflictwith this Qrdinarreare hereby rgoaled. sE UllC N 12: RFfective Tate-This Ordinance shall he in full force and effect upon its passage and cii.,proval as provici=filzy 7asa. APPROVED THIS day of , 20 . MAYOR/VILLAGE PRESIDENT 17 CONTACT INFORMATION Illinois City/County Management Association Dawn S. Peters Executive Director, =MA Center for Governmental Studies I\brtrenz Tl l;nois University DeKalb, IL 60115 Phone: 815-753-0923 Fax: 815-753-2305 dpeters@niu.edu T77imic Nim%1 aague Ken Alderson Exemtive Director 500E. Capitol, P.O. Box 5180 Springfield, IL 62705-5180 Phone: 217-525-1220 Fax: 217-525-7438 kalderson@iml.org International City/County Management Association Beth Kellar Illinois State Liaiscn, IQ'k 777 N. Capital St., NE, Suite 500 Washington, DC 20002-4201 Phone: 202-962-3611 Fax: 202-962-3604 ekellar@icma.org azo--eurr7•yrnn 5TT09 ST J ITI '�d7 I rs,Tan sTaimi-meg-4=N sago s Le_ eumanos ao3 iagLr3J trypgr aossy .T, 1B Z /ATL s?ccrcru ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 1 IME: 11:05:25 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATC AURORA AREA TOURISM COUNCIL 083105—ALL 09/13/05 01 ADMIN—AUGUST 2005 90°% OF HOTEL 01-110-65-00-5844 09/27/05 109.80 MARKETING — HOTEL TAX 02 USE TAX ** COMMENT ** INVOICE TOTAL: 109.80 VENDOR TOTAL: 109.80 ,BELJ JOSEPH H ABEL & ASSOCIATES LLC 083005 08/30/05 01 BLDG/ZONE—SCHRAMM PLANNING 01-220-62-00-5401 09/27/05 12,401.28 CONTRACTUAL SERVICES INVOICE TOTAL: 12,401.28 VENDOR TOTAL: 12,401.28 aLTENERG ALTERNATIVE ENERGY SOLUTIONS 8405 08/29/05 01 SEWER OP—CIRUIT BOARD, HARNESS 52-000-62-00-5422 00202643 09/27/05 604.51 LIFT STATION MAINTENANCE 02 FOR BLACKBERRY LIFT STATION ** COMMENT ** INVOICE TOTAL: 604.51 VENDOR TOTAL: 604.51 1MOOO BP AMOCO OIL COMPANY 5902007656509 09/08/05 01 PD—AUGUST GASOLINE 01-210-65-00-5812 09/27/05 4,543.09 GASOLINE INVOICE TOTAL: 4,543.09 VENDOR TOTAL: 4,543.09 '.ROLAB ARRO LABORATORY, INC. 34499 08/19/05 01 WATER OP—WATER SAMPLES 51-000-65-00-5822 09/27/05 120.00 WATER SAMPLES INVOICE TOTAL: 120.00 34541 08/30/05 01 WATER OP—WATER SAMPLES 51-000-65-00-5822 09/27/05 50.00 WATER SAMPLES INVOICE TOTAL: 50.00 VENDOR TOTAL: 170.00 P1 )ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 2 'IME: 11:05:25 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 1URBLA AURORA BLACKTOP 092505-SMITH 09/15/05 01 STREETS-IN TOWN DRAINAGE 01-410-75-00-7101 09/27/05 253,442.97 IN TOWN ROAD PROGRAM 02 PROGRAM, ESTIMATE NO. 1 ** COMMENT ** INVOICE TOTAL: 253,442.97 16128 09/01/05 01 MFT-HOT PATCH 15-000-75-00-7111 00202804 09/27/05 179.42 HOT PATCH INVOICE TOTAL: 179.42 VENDOR TOTAL: 253,622.39 3ROWNL BROWN, LAURA 062405 06/24/05 01 ADMIN-ATTORNEY FEE 01-110-61-00-5300 00102374 09/27/05 3,766.39 LEGAL SERVICES 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 3,766.39 VENDOR TOTAL: 3,766.39 CDWG CDW GOVERNMENT INC. TV18412 08/31/05 01 SEWER OP-CD DRIVE 52-000-75-00-7002 00202791 09/27/05 43.96 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 43.96 VENDOR TOTAL: 43.96 CINTAS CINTAS FIRST AID & SAFETY 0343296439 08/08/05 01 STREETS-2 FIRE EXTINGUISHERS 01-410-62-00-5409 00202797 09/27/05 67.64 MAINTENANCE-VEHICLES INVOICE TOTAL: 67.64 0343310545 08/31/05 01 SEWER OP-REFILL PW OFFICE 52-000-65-00-5805 00202797 09/27/05 37.15 SHOP SUPPLIES 02 MEDICINE CABINET ** COMMENT ** INVOICE TOTAL: 37.15 P2 !ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 3 'IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT :INTAS CINTAS FIRST AID & SAFETY 0343310552 08/31/05 01 ADMIN-REFILL CITY HALL 01-110-65-00-5804 09/27/05 51.55 OPERATING SUPPLIES 02 MEDICINE CABINET ** COMMENT ** INVOICE TOTAL: 51.55 VENDOR TOTAL: 156.34 ;OMED COMMONWEALTH EDISON 00510481160805 08/31/05 01 STREETS-SPRING STREET 01-410-62-00-5435 00202811 09/27/05 3.30 ELECTRICITY INVOICE TOTAL: 3.30 0603137051-0905 09/01/05 01 WATER OP-CANNONBALL TRAIL PUMP 51-000-62-00-5435 00202811 09/27/05 324.57 ELECTRICITY INVOICE TOTAL: 324.57 0662076002-0805 08/27/05 01 STREETS-RT 23 LIGHTING 01-410-62-00-5435 00202811 09/27/05 1,799.93 ELECTRICITY INVOICE TOTAL: 1,799.93 0793671002-0805 08/19/05 01 WATER OP-FAIRHAVEN DRIVE 51-000-62-00-5435 00202811 09/27/05 8,816.37 ELECTRICITY INVOICE TOTAL: 8,816.37 11511590190805 08/31/05 01 WATER OP-BRIDGE ST. STORAGE 51-000-62-00-5435 00202811 09/27/05 24.94 ELECTRICITY 02 TANK ** COMMENT ** INVOICE TOTAL: 24.94 1215036017-0805 08/19/05 01 STREETS-PARKSIDE LANE 01-410-62-00-5435 00202811 09/27/05 3.30 ELECTRICITY INVOICE TOTAL: 3.30 12420450130805 08/29/05 01 WATER OP-WELL #9 51-000-62-00-5435 00202811 09/27/05 144.58 ELECTRICITY INVOICE TOTAL: 144.58 P3 .ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 4 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OMED COMMONWEALTH EDISON 12631380950805 08/29/05 01 WATER OP-MILL RD DEEPWELL #8 51-000-62-00-5435 00202811 09/27/05 1,033.90 ELECTRICITY INVOICE TOTAL: 1,033.90 1491138036-0805 08/26/05 01 WATER OP-RAINTREE RD PUMP 51-000-62-00-5435 00202811 09/27/05 73.55 ELECTRICITY INVOICE TOTAL: 73.55 18870360180805 08/30/05 01 STREETS-CONCESSION STAND 01-410-62-00-5435 00202811 09/27/05 165.12 ELECTRICITY INVOICE TOTAL: 165.12 28081321140805 08/30/05 01 STREETS-METERED PARKING LOT 01-410-62-00-5435 00202811 09/27/05 167.31 ELECTRICITY INVOICE TOTAL: 167.31 43840870430805 08/30/05 01 SEWER OP-CRANSTON CIRCLE LIFT 52-000-62-00-5435 00202811 09/27/05 18.40 ELECTRICITY 02 STATION ** COMMENT ** INVOICE TOTAL: 18.40 4438001000-0805 08/20/05 01 STREETS-CITY STREET LIGHTING 01-410-62-00-5435 00202811 09/27/05 1,753.58 ELECTRICITY INVOICE TOTAL: 1,753.58 48930440290805 08/31/05 01 SEWER OP-WHITE PLAINS LIFT 52-000-62-00-5435 00202811 09/27/05 60.41 ELECTRICITY 02 STATION ** COMMENT ** INVOICE TOTAL: 60.41 50310440280805 08/31/05 01 WATER OP-DEEP WELL #7 51-000-62-00-5435 00202811 09/27/05 2,501.45 ELECTRICITY INVOICE TOTAL: 2,501.45 52430280290805 08/29/05 01 SEWER OP-WINDHAM CIRCLE LIFT 52-000-62-00-5435 00202811 09/27/05 184.66 ELECTRICITY P4 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 5 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OMED COMMONWEALTH EDISON 52430280290805 08/29/05 02 STATION ** COMMENT ** 00202811 09/27/05 INVOICE TOTAL: 184.66 56010540090805 08/30/05 01 STREETS-MCHUGH ROAD 01-410-62-00-5435 00202811 09/27/05 94.92 ELECTRICITY INVOICE TOTAL: 94.92 69330260810805 08/29/05 01 STREETS-COUNTRYSIDE PARKWAY 01-410-62-00-5435 00202811 09/27/05 203.22 ELECTRICITY INVOICE TOTAL: 203.22 7026711005-0805 08/29/05 01 STREETS-HYDRAULIC COURT 01-410-62-00-5435 00202811 09/27/05 138.50 ELECTRICITY INVOICE TOTAL: 138.50 8591139032-0805 08/29/05 01 SEWER OP-N. BRIDGE ST. LIFT 52-000-62-00-5435 00202811 09/27/05 70.73 ELECTRICITY 02 STATION ** COMMENT ** INVOICE TOTAL: 70.73 93270720140805 08/30/05 01 STREETS-BEECHER BUILDING 01-410-62-00-5435 00202811 09/27/05 15.64 ELECTRICITY INVOICE TOTAL: 15.64 VENDOR TOTAL: 17,598.38 2OYPETTY CITY OF YORKVILLE PETTY CASH 091505 09/15/05 01 ADMIN-MEALS FOR MEETING W/NIU 01-110-64-00-5605 09/27/05 70.00 TRAVEL/MEALS/LODGING 02 & MAYOR, CHAMBER LUNCHEON ** COMMENT ** 03 WATER OP-2 WATER LIENS 51-000-65-00-5804 74.00 OPERATING SUPPLIES 04 ADMIN-POSTAGE 01-110-65-00-5808 0.23 POSTAGE & SHIPPING INVOICE TOTAL: 144.23 VENDOR TOTAL: 144.23 P5 )ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 6 'IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT )ANNAE D'ANNA, ELIZABETH 091205 09/12/05 01 ADMIN-MEAL & MILEAGE ADMIN 01-110-64-00-5605 09/27/05 40.26 TRAVEL/MEALS/LODGING 02 ASSISTANTS CONFERENCE ** COMMENT ** 03 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 40.26 VENDOR TOTAL: 40.26 )ENVIS DENTAL VISION REIMBURSEMENT 090705 09/07/05 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 09/27/05 416.80 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 416.80 091505 09/15/05 01 ADMIN-VISION ASSISTANCE 01-110-50-00-5205 09/27/05 119.60 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 119.60 VENDOR TOTAL: 536.40 DHUSE DHUSE, ERIC 091505 09/15/05 01 STREETS-APWA CONFERENCE 01-410-64-00-5604 09/27/05 680.00 TRAINING & CONFERENCES 02 REGISTRATION ** COMMENT ** 03 WATER OP-APWA CONFERENCE 51-000-64-00-5604 565.00 TRAINING & CONFERENCES 04 REGISTRATION ** COMMENT ** INVOICE TOTAL: 1,245.00 091505-MILEAGE 09/15/05 01 STREETS-APWA CONFERENCE MEAL 01-410-64-00-5604 09/27/05 175.62 TRAINING & CONFERENCES 02 REIMBURSEMENT, MILEAGE ** COMMENT ** 03 WATER OP-APWA CONFERENCE 51-000-64-00-5604 81.00 TRAINING & CONFERENCES 04 MILEAGE ** COMMENT ** INVOICE TOTAL: 256.62 VENDOR TOTAL: 1,501.62 P6 JATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 7 LIME: 11:05:26 DETAIL BOARD REPORT ED: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT JOMEST DOMESTIC UNIFORM RENTAL 083105 08/31/05 01 SEWER OP-UNIFORM RENTAL 52-000-62-00-5421 00202706 09/27/05 339.14 WEARING APPAREL INVOICE TOTAL: 339.14 VENDOR TOTAL: 339.14 DYONJ DYON, JUDY 090105 09/01/05 01 ADMIN-MILEAGE FOR MSI BUDDY 01-110-64-00-5605 09/27/05 16.20 TRAVEL/MEALS/LODGING 02 MEETING ** COMMENT ** INVOICE TOTAL: 16.20 VENDOR TOTAL: 16.20 EASYLINK EASYLINK SERVICES CORP. 07638350509 09/02/05 01 PD-AUGUST SERVICE 01-210-65-00-5804 09/27/05 5.53 OPERATING SUPPLIES INVOICE TOTAL: 5.53 VENDOR TOTAL: 5.53 EJEQUIP EJ EQUIPMENT 0012562 08/18/05 01 STREETS-STEEL GUTTER BROOM 01-410-62-00-5409 00202793 09/27/05 453.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 453.00 0012567 08/29/05 01 STREETS-WORK LIGHTS, AMBER 01-410-62-00-5409 00202793 09/27/05 162.95 MAINTENANCE-VEHICLES 02 LIGHTS, HOSE STRAP ** COMMENT ** INVOICE TOTAL: 162.95 VENDOR TOTAL: 615.95 ENGFLUID ENGINEERED FLUID, INC. 6458007-IN 09/01/05 01 WATER OP-REPAIR IMPELLER @ 51-000-62-00-5407 00202794 09/27/05 8,371.29 TREATMENT FACILITIES O&M P7 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 8 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ;NGFLUID ENGINEERED FLUID, INC. 6458007-IN 09/01/05 02 BEAVER ST. BOOSTER STATION ** COMMENT ** 00202794 09/27/05 INVOICE TOTAL: 8,371.29 6468007-IN 09/01/05 01 WATER OP-REPAIR IMPELLER @ 51-000-62-00-5407 00202794 09/27/05 8,371.29 TREATMENT FACILITIES O&M 02 BEAVER ST. BOOSTER STATION ** COMMENT ** INVOICE TOTAL: 8,371.29 VENDOR TOTAL: 16,742.58 'ENGLISH ENGLISH & SONS LANDSCAPING INC 050901 09/01/05 01 STREETS-AUGUST FOX HILL SSA 01-410-75-00-7104 00202803 09/27/05 844.00 FOX HILL SSA EXPENSES 02 MOWING ** COMMENT ** INVOICE TOTAL: 844.00 VENDOR TOTAL: 844.00 'EXPRESS EXPRESS POLICE SUPPLY P00412860001 08/30/05 01 PD-KHAKI PANTS 01-210-62-00-5421 00303196 09/27/05 89.97 WEARING APPAREL INVOICE TOTAL: 89.97 VENDOR TOTAL: 89.97 FARREN FARREN HEATING & COOLING 4369 08/26/05 01 MUNICIPAL BLDG-REPAIRED THE 16-000-75-00-7204 00303197 09/27/05 292.70 BLDG MAINT - CITY HALL 02 FROZEN BLOWER MOTOR ** COMMENT ** INVOICE TOTAL: 292.70 4397 09/12/05 01 MUNICIPAL BLDG-COMPRESSOR 16-000-75-00-7204 00102373 09/27/05 2,539.34 BLDG MAINT - CITY HALL 02 FOR CITY HALL ** COMMENT ** INVOICE TOTAL: 2,539.34 VENDOR TOTAL: 2,832.04 P8 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 9 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'EDEX FEDEX 5-500-00204 07/27/05 01 ARO-1 PACKAGE SHIPPED 01-000-13-00-1372 09/27/05 18.65 A/R - OTHER INVOICE TOTAL: 18.65 VENDOR TOTAL: 18.65 'ORCES FORCES INC 061283 08/17/05 01 SEWER OP-GENERATOR RENTAL & 52-000-62-00-5422 00202792 09/27/05 1,559.17 LIFT STATION MAINTENANCE 02 SERVICE ® BRUELL LIFT STATION ** COMMENT ** INVOICE TOTAL: 1,559.17 061417 08/24/05 01 SEWER OP-GENERATOR RENTAL & 52-000-62-00-5422 00202792 09/27/05 1,363.34 LIFT STATION MAINTENANCE 02 SERVICE @ BRUELL LIFT STATION ** COMMENT ** INVOICE TOTAL: 1,363.34 061544 08/31/05 01 SEWER OP-GENERATOR RENTAL & 52-000-62-00-5422 00202792 09/27/05 1,363.34 LIFT STATION MAINTENANCE 02 SERVICE Q BRUELL LIFT STATION ** COMMENT ** INVOICE TOTAL: 1,363.34 VENDOR TOTAL: 4,285.85 FORGET FORGET-ME-NOT FLOWERS & GIFTS 5159 08/30/05 01 ADMIN-SYMPOTHY FLOWERS FOR B. 01-110-64-00-5607 09/27/05 42.36 PUBLIC RELATIONS 02 DETTMER'S SISTER ** COMMENT ** INVOICE TOTAL: 42.36 VENDOR TOTAL: 42.36 FREDPRYO FRED PRYOR SEMINARS/CAREERTRCK 73389 08/12/05 01 ADMIN-SUPERVISOR TRAINING 01-110-64-00-5604 00102368 09/27/05 380.00 TRAINING & CONFERENCES P9 )ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 10 'IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 7ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ,REDPRYO FRED PRYOR SEMINARS/CAREERTRCK 73389 08/12/05 02 SEMINAR ** COMMENT ** 00102368 09/27/05 03 WATER OP-SUPERVISOR TRAINING 51-000-64-00-5604 500.00 TRAINING & CONFERENCES 04 SEMINAR ** COMMENT ** INVOICE TOTAL: 880.00 VENDOR TOTAL: 880.00 BALLS GALL'S INC. 5788969400014 09/07/05 01 PD-WATERPROOF JACKET 01-210-62-00-5421 00303198 09/27/05 140.98 WEARING APPAREL INVOICE TOTAL: 140.98 VENDOR TOTAL: 140.98 3ENVALVE GENEVA VALVE TAPPING COMPANY G-301 08/30/05 01 WATER OP-INSTALL 4" VALVE 51-000-65-00-5804 00202742 09/27/05 2,000.00 OPERATING SUPPLIES INVOICE TOTAL: 2,000.00 VENDOR TOTAL: 2,000.00 GLENBROK GLENBROOK EXCAVATING & 090105-DEUCHLER 09/01/05 01 SEWER IMPROV-PAYMENT REQUEST 37-000-75-00-7505 09/27/05 20,753.58 ROB ROY CREEK SANITARY 02 NO. 4, ROB ROY CREEK ** COMMENT ** 03 INTERCEPTOR, CONTRACT NO. 1 ** COMMENT ** INVOICE TOTAL: 20,753.58 VENDOR TOTAL: 20,753.58 GROUND GROUND EFFECTS INC. 111914 08/01/05 01 WATER OP-8' EDGE 51-000-65-00-5804 09/27/05 17.48 OPERATING SUPPLIES INVOICE TOTAL: 17.48 VENDOR TOTAL: 17.48 P10 'ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 11 'IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT [OLSEPT HOLLEY SEPTIC SERVICE 2282 08/24/05 01 SEWER OP-3 HOURS PUMPER TRUCK 52-000-62-00-5422 00202800 09/27/05 300.00 LIFT STATION MAINTENANCE INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 IOMETECH HOME TECH 7470 08/31/05 01 ADMIN-PROJECTOR 01-110-75-00-7002 00102369 09/27/05 1,230.00 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 1,230.00 VENDOR TOTAL: 1,230.00 [CCI INTERNATIONAL CODES 20050901 09/01/05 01 ADMIN-1ST HALF OF SEPTEMBER 01-110-61-00-5314 09/27/05 31,567.10 BUILDING INSPECTIONS 02 BUILDING PERMITS ** 'COMMENT ** INVOICE TOTAL: 31,567.10 VENDOR TOTAL: 31,567.10 ICE ICE MOUNTAIN 05H8105151347 08/31/05 01 PD-QTY 6 5-GALLON WATER JUGS 01-210-65-00-5804 09/27/05 43.50 OPERATING SUPPLIES INVOICE TOTAL: 43.50 VENDOR TOTAL: 43.50 ILFIREPD ILLINOIS FIRE & POLICE 85977855 09/15/05 01 PD-ANNUAL CONFERENCE 01-210-64-00-5607 00303195 09/27/05 785.00 POLICE COMMISSION 02 REGISTRATION FOR 2 EMPLOYEES ** COMMENT ** INVOICE TOTAL: 785.00 VENDOR TOTAL: 785.00 P11 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 12 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'EWEL JEWEL-OSCO 083105-PD 09/02/05 01 PD-WATER 01-210-65-00-5802 09/27/05 19.96 OFFICE SUPPLIES INVOICE TOTAL: 19.96 VENDOR TOTAL: 19.96 fIMSTRCK JIM'S TRUCK INSPECTION 8010 08/31/05 01 STREETS-3 TRUCK INSPECTIONS 01-410-62-00-5409 00202808 09/27/05 70.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 70.00 VENDOR TOTAL: 70.00 JLELEC J & L ELECTRONIC SERVICE, INC. 79474 08/19/05 01 PD-REMOVED & REPAIRED M-11 01-210-62-00-5409 09/27/05 41.25 MAINTENANCE - VEHICLES 02 CAMERA ** COMMENT ** INVOICE TOTAL: 41.25 79481 08/19/05 01 PD-REPAIRED M-8 TAPE GUARD 01-210-62-00-5409 09/27/05 55.00 MAINTENANCE - VEHICLES 02 FUNCTION ** COMMENT ** INVOICE TOTAL: 55.00 79482 08/24/05 01 PD-REPAIRED M-11 FUSE 01-210-62-00-5409 09/27/05 43.25 MAINTENANCE - VEHICLES 02 CONNECTION TO EMERGENCY ** COMMENT ** 03 EQUIPMENT ** COMMENT ** INVOICE TOTAL: 43.25 79498 08/24/05 01 PD-REPAIRED M-12 GUN LOCK 01-210-62-00-5409 09/27/05 42.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 42.50 79506 08/29/05 01 PD-REPAIRED M1 COMPUTER 01-210-62-00-5409 09/27/05 70.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 70.00 P12 DATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 7ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TLELEC J & L ELECTRONIC SERVICE, INC. 80237 08/29/05 01 PD-REPAIRED M11 EYEWITNESS VCR 01-210-62-00-5409 09/27/05 70.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 70.00 VENDOR TOTAL: 322.00 (CREC KENDALL COUNTY RECORD 083105 08/31/05 01 ADMIN-SALE OF VEHICLES, YBSD, 01-110-65-00-5810 09/27/05 232.11 PUBLISHING & ADVERTISING 02 BUSINESS CARDS FOR J. CIESLA, ** COMMENT ** 03 COMMUNITY DEVELOPEMENT ** COMMENT ** 04 ARO-KOLKMEYER PETITION, JIFFY 01-000-13-00-1372 566.80 A/R - OTHER 05 LUBE PETITION, LEGAL NOTICES ** COMMENT ** 06 BLDG/ZONE-LEGAL NOTICES 01-220-65-00-5810 249.60 PUBLISHING & ADVERTISING INVOICE TOTAL: 1,048.51 VENDOR TOTAL: 1,048.51 KENPR KENDALL PRINTING 13606 09/06/05 01 PD-PAYROLL VOUCHERS, CASE 01-210-65-00-5809 00303199 09/27/05 423.95 PRINTING & COPYING 02 MANAGEMENT FORMS ** COMMENT ** INVOICE TOTAL: 423.95 VENDOR TOTAL: 423.95 KIRHOFER KIRHOFER'S SPORTS INC. 21369-00 07/30/05 01 SEWER OP-T-SHIRTS 52-000-62-00-5421 00202810 09/27/05 25.50 WEARING APPAREL INVOICE TOTAL: 25.50 VENDOR TOTAL: 25.50 LEPPERTL LAURA LEPPERT P13 SATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 14 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ,EPPERTL LAURA LEPPERT 37 09/12/05 01 ADMIN-9/06 COW MINUTES 01-110-62-00-5401 09/27/05 148.13 CONTRACTUAL SERVICES INVOICE TOTAL: 148.13 VENDOR TOTAL: 148.13 4ARTIN MARTIN IMPLEMENT SALES, INC. 250921 08/22/05 01 MUNICIPAL BLDG-STAINLESS STEEL 16-000-75-00-7200 00402378 09/27/05 829.00 BLDG IMPROV- BEEHCER/RIVFR 02 WATER COOL @ BEECHER BUILDING ** COMMENT ** INVOICE TOTAL: 829.00 VENDOR TOTAL: 829.00 AEADE MEADE ELECTRIC COMPANY, INC. 621185 08/19/05 01 STREETS-REPAIR SIGNAL @ 47 & 01-410-62-00-5414 00202802 09/27/05 563.52 MAINTENANCE-TRAFFIC SIGNAL 02 LANDMARK ** COMMENT ** INVOICE TOTAL: 563.52 VENDOR TOTAL: 563.52 1ENLAND MENARDS - YORKVILLE 97105 08/26/05 01 WATER OP-PAINTTHINNER, RED 51-000-65-00-5804 09/27/05 27.34 OPERATING SUPPLIES 02 PAINT ** COMMENT ** INVOICE TOTAL: 27.34 98396 09/01/05 01 PD-BATTERIES 01-210-65-00-5804 09/27/05 60.70 OPERATING SUPPLIES INVOICE TOTAL: 60.70 98411 09/01/05 01 PD-WORK GLOVES, 15 GALLON TOTE 01-210-65-00-5804 09/27/05 16.84 OPERATING SUPPLIES INVOICE TOTAL: 16.84 P14 PAGE:09/16/05 UNITED CITY OF YORKVILLE 1 5 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ]ENLAND MENARDS - YORKVILLE 98499 09/02/05 01 WATER OP-TRIM BRUSH, CAPS, 51-000-65-00-5804 09/27/05 60.90 OPERATING SUPPLIES 02 NIPPLE, RED PAINT ** COMMENT ** INVOICE TOTAL: 60.90 98568 09/02/05 01 ENG-CHISEL 01-150-65-00-5801 09/27/05 8.97 ENGINEERING SUPPLIES INVOICE TOTAL: 8.97 98590 09/02/05 01 WATER OP-RED PAINT 51-000-65-00-5804 09/27/05 49.14 OPERATING SUPPLIES INVOICE TOTAL: 49.14 99545 09/06/05 01 WATER OP-IMPACT WRENCH 51-000-65-00-5804 09/27/05 47.90 OPERATING SUPPLIES INVOICE TOTAL: 47. 90 99912 09/15/05 01 PD-NIPPLES 01-210-65-00-5804 09/27/05 5.76 OPERATING SUPPLIES INVOICE TOTAL: 5.76 VENDOR TOTAL: 277. 55 METIND METROPOLITAN INDUSTRIES, INC. 0000167560 08/22/05 01 SEWER OP-REPAIR AT MENARDS 52-000-62-00-5422 00202642 09/27/05 510.00 LIFT STATION MAINTENANCE 02 LIFT STATION, REPLACED LEVEL ** COMMENT ** 03 MANAGEMENT DISPLAY ** COMMENT ** INVOICE TOTAL: 510.00 VENDOR TOTAL: 510.00 MSI MUNICIPAL SOFTWARE INC. 20670 08/14/05 01 ADMIN-SERVER UPGRADE 01-110-62-00-5401 00102358 09/27/05 460.00 CONTRACTUAL SERVICES INVOICE TOTAL: 460.00 VENDOR TOTAL: 460.00 P15 SATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 16 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT FATLACOP NATIONAL ASSOCIATION OF CHIEFS 04-1311845 08/29/05 01 PD-12 MO MAGAZINE SUBSCRIPTION 01-210-64-00-5600 09/27/05 50.00 DUES INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 IATLWTR NATIONAL WATERWORKS, INC. 2605721 08/23/05 01 WATER OP—METERS 51-000-75-00-7508 00202741 09/27/05 267.00 METERS & PARTS INVOICE TOTAL: 267.00 VENDOR TOTAL: 267.00 dCI NORTHWEST COLLECTORS INC 3224-073105 07/31/05 01 WATER OP—JULY COLLECTION'S 51-000-62-00-5401 09/27/05 152.43 CONTRACUAL SERVICES INVOICE TOTAL: 152.43 VENDOR TOTAL: 152.43 CL NCL EQUIPMENT SPECIALTIES 7573 08/31/05 01 SEWER OP—GREEN PAINT 52-000-62-00-5419 00202809 09/27/05 219.60 MAINTENANCE—SANITARY SEWER 02 WATER OP—BLUE PAINT 51-000-65-00-5804 109.80 OPERATING SUPPLIES 03 STREETS—WHITE & RED PAINT 01-410-65-00-5804 73.20 OPERATING SUPPLIES INVOICE TOTAL: 402.60 VENDOR TOTAL: 402.60 IEBS NEBS 9922549995-5 08/26/05 01 WATER OP-2005 WATER PROJECT 51-000-65-00-5804 09/27/05 28.78 OPERATING SUPPLIES P16 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 17 'IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT EBS NEBS 9922549995-5 08/26/05 02 B2 & B3 CHECKS ** COMMENT ** 09/27/05 INVOICE TOTAL: 28.78 VENDOR TOTAL: 28.78 1EENAH NEENAH FOUNDRY CO. 777243 08/29/05 01 SEWER OP-2 SEWER TOP LIDS 52-000-62-00-5419 00202644 09/27/05 160.00 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 160.00 777726 09/02/05 01 SEWER OP-11 SEWER FRAMES 52-000-62-00-5419 00202644 09/27/05 1,042.00 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 1,042.00 VENDOR TOTAL: 1,202. 00 VELSON NELSON ENTERPRISES, INC. 2010-0001 08/31/05 01 ADMIN-RADIO ADVERTISING FOR 01-110-65-00-5844 00102344 09/27/05 560.00 MARKETING - HOTEL TAX 02 8/01-8/31 ** COMMENT ** INVOICE TOTAL: 560.00 VENDOR TOTAL: 560.00 NICOR NICOR GAS 3217106909-0905 09/02/05 01 ADMIN - 1 W VAN EMMON 01-110-78-00-9002 09/27/05 0.89 NICOR GAS INVOICE TOTAL: 0.89 3247111200-0905 09/08/05 01 ADMIN - BEECHER CENTER 01-110-78-00-9002 09/27/05 165.32 NICOR GAS INVOICE TOTAL: 165.32 3247143203-0905 09/07/05 01 ADMIN - CANNONBALL TRAIL 01-110-78-00-9002 09/27/05 25.92 NICOR GAS INVOICE TOTAL: 25.92 P17 ;ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 18 'IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IICOR NICOR GAS 3248623617-0905 09/07/05 01 ADMIN -WINDHAM CIRCLE 01-110-78-00-9002 09/27/05 26.98 NICOR GAS INVOICE TOTAL: 26.98 32580551096 09/16/05 01 ADMIN -100 RAINTREE RD, 12/31- 01-110-78-00-9002 09/27/05 935.52 NICOR GAS 02 9/22 ** COMMENT ** INVOICE TOTAL: 935.52 3258429509-0905 09/08/05 01 ADMIN -FAIRHAVEN DRIVE 01-110-78-00-9002 09/27/05 135.54 NICOR GAS INVOICE TOTAL: 135.54 3278619105-0905 09/13/05 01 ADMIN -1 RT 47 01-110-78-00-9002 09/27/05 449.72 NICOR GAS INVOICE TOTAL: 449.72 VENDOR TOTAL: 1,739.89 JFFWORK OFFICE WORKS 077489 07/28/05 01 SEWER OP-FOLDERS, FOLDER TABS 52-000-65-00-5802 09/27/05 16.96 OFFICE SUPPLIES INVOICE TOTAL: 16.96 078791 08/17/05 01 PD-STORAGE FILES 01-210-65-00-5802 09/27/05 48.98 OFFICE SUPPLIES INVOICE TOTAL: 48.98 079779 09/01/05 01 ADMIN-BINDER, ARROW FLAGS, 01-110-65-00-5802 00102367 09/27/05 79.96 OFFICE SUPPLIES 02 POST IT NOTES, PAPER ** COMMENT ** INVOICE TOTAL: 79.96 080054 09/06/05 01 ADMIN-TONER 01-110-65-00-5804 00102370 09/27/05 112.29 OPERATING SUPPLIES INVOICE TOTAL: 112.29 VENDOR TOTAL: 258.19 P18 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 19 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ,HERRCOM RAY O'HERRON COMPANY 25996 08/31/05 01 PD-UNIFORMS 01-210-62-00-5421 00303203 09/27/05 940.45 WEARING APPAREL INVOICE TOTAL: 940.45 VENDOR TOTAL: 940.45 )HERRON O'HERON, RAY 0526136-IN 08/31/05 01 PD CAPITAL-4 MODEL 22 GLOCKS 20-000-65-00-5811 00303096 09/27/05 1,962.00 LETHAL/NON-LETHAL WEAPONS 02 W/ NIGHT SITES ** COMMENT ** INVOICE TOTAL: 1,962.00 0526179-IN 08/31/05 01 PD-2003 IMPALA SEAT FOR 20-000-75-00-7006 00303204 09/27/05 651.76 CAR BUILD OUT 02 PRISONERS ** COMMENT ** INVOICE TOTAL: 651.76 0526834-IN 09/09/05 01 PD-MAXCHARGER, SPEAKER, & 01-210-62-00-5409 00303205 09/27/05 367.94 MAINTENANCE - VEHICLES 02 BRACKET FOR 2003 IMPALA ** COMMENT ** INVOICE TOTAL: 367.94 VENDOR TOTAL: 2,981.70 ?ARADIS ROBIN GREEN, INC 220546 09/01/05 01 PD-AUGUST CAR WASHES 01-210-62-00-5409 09/27/05 56.65 MAINTENANCE - VEHICLES INVOICE TOTAL: 56.65 VENDOR TOTAL: 56.65 PFPETT P.F. PETTIBONE & CO. 9437 09/08/05 01 PD-OVERWEIGHT TRUCK TICKETS 01-210-65-00-5809 00303200 09/27/05 177.15 PRINTING & COPYING INVOICE TOTAL: 177.15 VENDOR TOTAL: 177.15 P19 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 20 IME: 11:05:26 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OSTNET POSTNET IL 124 24900 09/01/05 01 ENG-IN-TOWN ROAD PROGRAM 01-150-65-00-5809 09/27/05 11.00 PRINTING & COPYING 02 PHASE II, EXISTING UTILITY ** COMMENT ** 03 PLAN FOR SEC ** COMMENT ** INVOICE TOTAL: 11.00 24922 09/01/05 01 ENG-RAINTREE VILLAGE, PRINTS 01-150-65-00-5809 09/27/05 11.50 PRINTING & COPYING 02 FOR PUBLIC WORKS ** COMMENT ** INVOICE TOTAL: 11.50 25104 09/08/05 01 BLDG/ZONE-SWANSON LANE ESTATES 01-220-65-00-5809 09/27/05 27.00 PRINTING & COPYING 02 FINAL PLAT ** COMMENT ** INVOICE TOTAL: 27.00 VENDOR TOTAL: 49.50 PRELUBE PRECISION LUBE 227370 08/03/05 01 PD-M-8 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 227465 08/03/05 01 PD-M-11 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 227466 08/04/05 01 PD-M-12 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 227748 08/11/05 01 PD-M-15 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 P20 )ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 21 'IME: 11:05:26 DETAIL BOARD REPORT :D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ?RELUBE PRECISION LUBE 227897 08/15/05 01 PD-M-14 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 227903 08/16/05 01 PD-M-13 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 228359 08/26/05 01 PD-M-13 OIL CHANGE 01-210-62-00-5409 00303201 09/27/05 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 VENDOR TOTAL: 140.00 PSI PROFESSIONAL SERVICE 342418 08/31/05 01 STREETS-INTOWN ROAD PROGRAM 01-410-75-00-7101 09/27/05 728.50 IN TOWN ROAD PROGRAM INVOICE TOTAL: 728.50 VENDOR TOTAL: 728.50 QUILL QUILL CORPORATION 9524831 08/26/05 01 ADMIN-BOOKENDS, BUSINESS CARD 01-110-65-00-5802 00102363 09/27/05 27.31 OFFICE SUPPLIES 02 HOLDER, CORRECTION TAPE ** COMMENT ** 03 BLDG/ZONE-PENS, MARKERS, 01-220-65-00-5804 102.85 OPERATING SUPPLIES 04 STACKABLE TRAY, TONER ** COMMENT ** INVOICE TOTAL: 130.16 9655641 09/02/05 01 BLDG/ZONE-ONE YEAR WARRANTY 01-220-75-00-7003 00102361 09/27/05 17.99 OFFICE EQUIPMENT 02 FOR FAX PHONE ** COMMENT ** INVOICE TOTAL: 17.99 VENDOR TOTAL: 148.15 P21 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 22 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IVERCTY RIVER CITY CONSTRUCTION, INC 083005-DEUCHLER 08/30/05 01 SEWER OP-PAYMENT REQUEST #1 37-000-75-00-7503 09/27/05 254,385.90 COUNTRYSIDE INTERCEPTOR 02 COUNTRYSIDE PUMP STATION ** COMMENT ** 03 PROJECT ** COMMENT ** INVOICE TOTAL: 254,385.90 VENDOR TOTAL: 254,385.90 TALISM SAILSBURY, MARGARET 8272-25 08/28/05 01 WATER OP-8/28 PW OFFICE 51-000-65-00-5804 09/27/05 50.00 OPERATING SUPPLIES 02 CLEANING ** COMMENT ** INVOICE TOTAL: 50.00 8272-26 09/03/05 01 WATER OP-9/03 PW OFFICE 51-000-65-00-5804 09/27/05 50.00 OPERATING SUPPLIES 02 CLEANING ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 100.00 iBC SBC 63055311410805 08/25/05 01 PD-POLICE OFFICE FAX 01-210-62-00-5436 09/27/05 30.93 TELEPHONE INVOICE TOTAL: 30.93 63055312100805 08/25/05 01 WATER OP-LIFT STATION 51-000-62-00-5436 09/27/05 21.78 TELEPHONE INVOICE TOTAL: 21.78 63055315770805 08/25/05 01 WATER OP-LIFT STATION 51-000-62-00-5436 09/27/05 38.43 TELEPHONE INVOICE TOTAL: 38.43 63055317030805 08/25/05 01 WATER OP-LIFT STATION 51-000-62-00-5436 09/27/05 20.15 TELEPHONE INVOICE TOTAL: 20.15 P22 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 23 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW 1 INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'BNDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ,BC SBC 63055321550805 08/25/05 01 WATER OP-LIFT STATION 51-000-62-00-5436 09/27/05 21.46 TELEPHONE INVOICE TOTAL: 21.46 63055343490805 08/25/05 01 ADMIN-CITY HALL CENTREX 01-110-62-00-5436 09/27/05 478.64 TELEPHONE 02 PD-CITY HALL CENTREX 01-210-62-00-5436 478.64 TELEPHONE 03 WATER OP-CITY HALL CENTREX 51-000-62-00-5436 478.63 TELEPHONE INVOICE TOTAL: 1,435.91 63055350830805 08/25/05 01 WATER OP-PUMP HOUSE 51-000-62-00-5436 09/27/05 29.89 TELEPHONE INVOICE TOTAL: 29.89 63055354260805 08/25/05 01 WATER OP-PUMP HOUSE 51-000-62-00-5436 09/27/05 74.19 TELEPHONE INVOICE TOTAL: 74.19 63055375750805 08/25/05 01 ADMIN-CITY HALL FAX 01-110-62-00-5436 09/27/05 27.24 TELEPHONE INVOICE TOTAL: 27.24 63055390160805 08/25/05 01 PD-POLICE DEPT 01-210-62-00-5436 09/27/05 56.99 TELEPHONE INVOICE TOTAL: 56.99 630554503108 08/25/05 01 WATER OP-WELL #'S 8 & 9 51-000-62-00-5436 09/27/05 23.02 TELEPHONE INVOICE TOTAL: 23.02 630882839408 08/25/05 01 WATER OP-BRUELL ST. STATION 51-000-62-00-5436 09/27/05 128.51 TELEPHONE INVOICE TOTAL: 128.51 P23 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 24 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BC SBC 63088284120805 08/25/05 01 WATER OP-LIFT STATION 51-000-62-00-5436 09/27/05 21.46 TELEPHONE INVOICE TOTAL: 21.46 VENDOR TOTAL: 1,929.96 >BCLONG SBC LONG DISTANCE 828932136-0905 09/01/05 01 ADMIN-AUGUST LONG DISTANCE 01-110-62-00-5436 09/27/05 19.52 TELEPHONE 02 PD-AUGUST LONG DISTANCE 01-210-62-00-5436 229.16 TELEPHONE 03 WATER OP-AUGUST LONG DISTANCE 51-000-62-00-5436 25.05 TELEPHONE INVOICE TOTAL: 273.73 837590379-0905 09/01/05 01 ADMIN-AUGUST LONG DISTANCE 01-110-62-00-5436 09/27/05 5.06 TELEPHONE INVOICE TOTAL: 5.06 VENDOR TOTAL: 278.79 3CHOPPE SCHOPPE DESIGN ASSOC. 11513 08/30/05 01 ARO-BRISTOL BAY 01-000-13-00-1372 09/27/05 110.00 A/R - OTHER INVOICE TOTAL: 110.00 11517 08/30/05 01 ARO-YORKVILLE BUSINESS CENTER 01-000-13-00-1372 09/27/05 270.00 AIR - OTHER 02 LOT 21 ** COMMENT ** INVOICE TOTAL: 270.00 11518 08/30/05 01 ARO-YORKVILLE BUSINESS CENTER 01-000-13-00-1372 09/27/05 202.50 A/R - OTHER 02 LOT 22 ** COMMENT ** INVOICE TOTAL: 202.50 P24 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 25 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT {CHOPPE SCHOPPE DESIGN ASSOC. 11519 08/30/05 01 ARO-RAINTREE VILLAGE 01-000-13-00-1372 09/27/05 135.00 A/R - OTHER INVOICE TOTAL: 135.00 11520 08/30/05 01 ARO-MENARDS 01-000-13-00-1372 09/27/05 202.50 A/R - OTHER INVOICE TOTAL: 202.50 11521 08/30/05 01 ARO-CULVERS RESTAURANT 01-000-13-00-1372 09/27/05 337.50 A/R - OTHER INVOICE TOTAL: 337.50 11522 08/30/05 01 ARO-CANNONBALL RUN PLAZA 01-000-13-00-1372 09/27/05 540.00 A/R - OTHER INVOICE TOTAL: 540.00 11523 08/30/05 01 ARO-206 WOLF STREET 01-000-13-00-1372 09/27/05 405.00 A/R - OTHER INVOICE TOTAL: 405.00 VENDOR TOTAL: 2,202.50 SEYFARTH SEYFARTH, SHAW, FAIRWEATHER 1157143 08/31/05 01 ADMIN-REVIEW JOB DESCRIPTION 01-110-61-00-5300 09/27/05 255.02 LEGAL SERVICES INVOICE TOTAL: 255.02 1157144 08/31/05 01 PD-LEGAL SERVICES 01-210-61-00-5300 09/27/05 463.75 LEGAL SERVICES INVOICE TOTAL: 463.75 VENDOR TOTAL: 718.77 SHREDCO SHRED-CO 021138884 09/13/05 01 ADMIN-SHREDDING CHARGE-AUGUST 01-110-62-00-5401 09/27/05 102.00 CONTRACTUAL SERVICES INVOICE TOTAL: 102.00 VENDOR TOTAL: 102.00 P25 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 26 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MITH SMITH ENGINEERING 330300 07/26/05 01 ENG-GAME FARM RD/SOMONAUK ST 01-150-62-00-5401 09/27/05 815.00 CONTRACTUAL SERVICES INVOICE TOTAL: 815.00 33066 07/26/05 01 MFT-FAXON ROAD EXTENSION 15-000-65-00-5800 09/27/05 5,566.00 CONTINGENCY INVOICE TOTAL: 5,566.00 VENDOR TOTAL: 6,381.00 ;TEVENS STEVEN'S SILKSCREENING 33515 09/01/05 01 PD-6 UNIFORM T-SHIRTS 01-210-62-00-5421 00303202 09/27/05 108.00 WEARING APPAREL INVOICE TOTAL: 108.00 VENDOR TOTAL: 108.00 ;TREICH STREICHERS I291550 09/06/05 01 PD-UNIFORMS 01-210-62-00-5421 00303206 09/27/05 199.70 WEARING APPAREL INVOICE TOTAL: 199.70 VENDOR TOTAL: 199.70 CHOMAS THOMAS ALARM SYSTEMS 09060520 09/06/05 01 MUNICIPAL BLDG-REPLACED 16-000-75-00-7204 00303207 09/27/05 345.00 BLDG MAINT - CITY HALL 02 OUTSIDE CAMERA, REPAIRED UNITS ** COMMENT ** 03 3&4 SHUT DOWN RELAY ** COMMENT ** INVOICE TOTAL: 345.00 VENDOR TOTAL: 345.00 PSC TESTING SERVICE CORPORATION IN055187 08/31/05 01 SEWER IMPROV-COUNTRYSIDE 37-000-62-00-5402 09/27/05 1,326.15 ENG/LGL/CONTINGNCY-COUNTRY P26 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 27 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SC TESTING SERVICE CORPORATION IN055187 08/31/05 02 PUMP STATION TECHNICIAN WORK ** COMMENT ** 09/27/05 INVOICE TOTAL: 1,326.15 VENDOR TOTAL: 1,326.15 IPSIL UPS 00004296X2355 08/27/05 01 WATER OP -1 PACKAGE SHIPPED 51-000-65-00-5808 09/27/05 20.61 POSTAGE & SHIPPING INVOICE TOTAL: 20.61 00004296X2365 09/03/05 01 WATER OP -1 PACKAGE SHIPPED 51-000-65-00-5808 09/27/05 27.15 POSTAGE & SHIPPING INVOICE TOTAL: 27.15 VENDOR TOTAL: 47.76 VASTE WASTE MANAGEMENT 2367537-2011-9 09/01/05 01 HEALTH & SANITATION -SEPTEMBER 01-540-62-00-5442 09/27/05 47,795.96 GARBAGE SERVICES 02 GARBAGE PICK UP ** COMMENT ** INVOICE TOTAL: 47,795.96 VENDOR TOTAL: 47,795.96 'CCQ 98.3 WCCQ 62416 08/31/05 01 ADMIN-RIVERFRONT FESTIVAL 01-110-64-00-5607 09/27/05 716.00 PUBLIC RELATIONS 02 RADIO ADVERTISEMENT 8/30-8/31 ** COMMENT ** INVOICE TOTAL: 716.00 VENDOR TOTAL: 716.00 WEBLINX WEBLINX INCORPORATED 3023 09/06/05 01 ADMIN-MONTHLY WEBSITE CHARGES 01-110-62-00-5401 09/27/05 100.00 CONTRACTUAL SERVICES P27 TATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 28 'IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 7EBLINX WEBLINX INCORPORATED 3023 09/06/05 02 FOR SEPTEMBER ** COMMENT ** 09/27/05 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 VHOLTIRE WHOLESALE TIRE 110073 08/08/05 01 PD-BATTERY 01-210-62-00-5409 00303208 09/27/05 79.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 79.95 110109 08/10/05 01 PD-2 BUSHINGS 01-210-62-00-5409 00303092 09/27/05 158.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 158.00 110137 08/11/05 01 PD-TIRE, MOUNT, & BALANCE 01-210-62-00-5409 00303093 09/27/05 91.45 MAINTENANCE - VEHICLES INVOICE TOTAL: 91.45 110153 08/12/05 01 PD-TIRES, MOUNT, & BALANCE 01-210-62-00-5409 00303094 09/27/05 274.35 MAINTENANCE - VEHICLES INVOICE TOTAL: 274.35 110200 08/16/05 01 PD-FRONT & REAR ROTORS, BRAKE 01-210-62-00-5409 00303095 09/27/05 574.52 MAINTENANCE - VEHICLES 02 PAD SETS & MOUNTING BRACKET ** COMMENT ** INVOICE TOTAL: 574.52 110258 08/19/05 01 PD-3 BATTERIES 01-210-62-00-5408 00303182 09/27/05 218.85 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 218.85 110288 08/22/05 01 PD-REINSTALL BRAKE SHIELD 01-210-62-00-5409 09/27/05 25.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.00 P28 >ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 29 'IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM TENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 4HOLTIRE WHOLESALE TIRE 110321 08/24/05 01 PD-ALTERNATOR, BATTERY 01-210-62-00-5409 00303186 09/27/05 419.82 MAINTENANCE - VEHICLES INVOICE TOTAL: 419.82 110404 08/29/05 01 PD-TIRE REPAIR 01-210-62-00-5409 09/27/05 15.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 15.00 VENDOR TOTAL: 1,856.94 4IREWIZ WIRE WIZARD OF ILLINOIS, INC 5356 09/01/05 01 WATER OP-BOOSTER STATION QTRLY 51-000-65-00-5804 00202799 09/27/05 69.00 OPERATING SUPPLIES 02 BURGLAR ALARM MONITORING ** COMMENT ** INVOICE TOTAL: 69.00 5358 09/01/05 01 WATER OP-NORTH H2O TOWER QRTLY 51-000-65-00-5804 00202799 09/27/05 69.00 OPERATING SUPPLIES 02 BURGLAR ALARM MONITORING ** COMMENT ** INVOICE TOTAL: 69.00 5359 09/01/05 01 WATER OP-PUMP STATION QTRLY 51-000-65-00-5804 00202799 09/27/05 69.00 OPERATING SUPPLIES 02 BURGLAR ALARM MONITORING ** COMMENT ** INVOICE TOTAL: 69.00 5360 09/01/05 01 WATER OP-SOUTH H2O TOWER QTRLY 51-000-65-00-5804 00202799 09/27/05 69.00 OPERATING SUPPLIES 02 BURGLAR ALARM MONITORING ** COMMENT ** INVOICE TOTAL: 69.00 VENDOR TOTAL: 276.00 WYETHATY JOHN JUSTIN WYETH 398 09/12/05 01 ADMIN-ADMIN/FINANCE LEGAL 01-110-61-00-5300 09/27/05 3,487.50 LEGAL SERVICES INVOICE TOTAL: 3,487.50 P29 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 30 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IYETHATY JOHN JUSTIN WYETH 399 09/12/05 01 ARO-PROGRESS HOLDING 01-000-13-00-1372 09/27/05 225.00 A/R - OTHER INVOICE TOTAL: 225.00 400 09/12/05 01 ADMIN-REVIEW PERMIT ISSUE 01-110-61-00-5300 09/27/05 75.00 LEGAL SERVICES INVOICE TOTAL: 75.00 401 09/12/05 01 ADMIN-PARK DISTRICT REVIEW 01-110-61-00-5300 09/27/05 450.00 LEGAL SERVICES INVOICE TOTAL: 450.00 402 09/12/05 01 SEWER OP-CHANGE ORDER REVIEW 37-000-75-00-7503 09/27/05 75.00 COUNTRYSIDE INTERCEPTOR INVOICE TOTAL: 75.00 403 09/12/05 01 ARO-MENARDS COMMERCIAL 01-000-13-00-1372 09/27/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 404 09/12/05 01 ARO-DEARBORN 01-000-13-00-1372 09/27/05 75.00 A/R - OTHER INVOICE TOTAL: 75.00 405 09/12/05 01 ARO-ASPEN RIDGE 01-000-13-00-1372 09/27/05 337.50 A/R - OTHER INVOICE TOTAL: 337.50 406 09/12/05 01 SEWER OP-LEGAL REVIEW 52-000-62-00-5401 09/27/05 37.50 CONTRACTUAL SERVICES INVOICE TOTAL: 37.50 407 09/12/05 01 ARO-BRISTOL BAY 01-000-13-00-1372 09/27/05 112.50 A/R - OTHER INVOICE TOTAL: 112.50 P30 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 31 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YETHATY JOHN JUSTIN WYETH 408 09/12/05 01 ADMIN-ORDINANCE VIOLATION 01-110-61-00-5300 09/27/05 225.00 LEGAL SERVICES 02 COURT APPEARANCE ** COMMENT ** INVOICE TOTAL: 225.00 VENDOR TOTAL: 5,175.00 'BSD YORKVILLE BRISTOL 0480-000358084 09/20/05 01 WATER OP-SEPT SLUDGE REMOVAL 51-000-62-00-5407 09/27/05 2,689.99 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,689.99 VENDOR TOTAL: 2,689.99 'OLIBRAR YORKVILLE PUBLIC LIBRARY 083105-DEV 09/15/05 01 TRUST & AGENCY-DEVELOPMENT 95-000-78-00-9009 09/27/05 6,500.00 LIBRARY DEV FEE PAYMENTS 02 FEES TRANSFER-AUGUST 2005 ** COMMENT ** INVOICE TOTAL: 6,500.00 100105-TRANSFER 09/01/05 01 ADMIN-TRANSFER SS & IMRF TAX 01-110-99-00-9923 09/27/05 2,625.00 TRANSFER TO LIBRARY 02 LEVY FOR OCTOBER 2005 ** COMMENT ** INVOICE TOTAL: 2,625.00 VENDOR TOTAL: 9,125.00 YOPDPET YORKVILLE POLICE DEPARTMENT 091505 09/15/05 01 PD-MEALS FIRE & POLICE 01-210-64-00-5605 09/27/05 83.69 TRAVEL EXPENSES 02 COMMISSION, ROLLING MEADOWS, ** COMMENT ** 03 TRAINING ** COMMENT ** 04 PD-POSTAGE STAMPS 01-210-65-00-5808 83.00 POSTAGE & SHIPPING P31 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 32 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OPDPET YORKVILLE POLICE DEPARTMENT 091505 09/15/05 05 PD-UNIFORM ALTERATIONS, GAS 01-210-62-00-5421 09/27/05 78.00 WEARING APPAREL 06 MASK LENSES ** COMMENT ** INVOICE TOTAL: 244.69 VENDOR TOTAL: 244.69 OREC YORKVILLE RECREATION DEPT 083105-CAPITAL 09/15/05 01 TRUST & AGENCY-PARK & REC 95-000-78-00-9012 09/27/05 500.00 PARKS/REC CAPITAL PAYMENTS 02 CAPITAL-AUGUST 2005 ** COMMENT ** INVOICE TOTAL: 500.00 VENDOR TOTAL: 500.00 'ORKACE YORKVILLE ACE & RADIO SHACK 092171 09/08/05 01 P0-3/4" FLOOR FLANGE 01-210-65-00-5804 09/27/05 13.96 OPERATING SUPPLIES INVOICE TOTAL: 13.96 092214 09/09/05 01 PD-PHOTOS 01-210-65-00-5804 09/27/05 69.94 OPERATING SUPPLIES INVOICE TOTAL: 69.94 VENDOR TOTAL: 83.90 (RKAUTO YORKVILLE AUTO PARTS 709844 08/02/05 01 SEWER OP-CABLE PLUGS 52-000-62-00-5408 09/27/05 17.27 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 17.27 711125 08/11/05 01 SEWER OP-SPOTLIGHT SWITCH 52-000-62-00-5408 09/27/05 4.45 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 4.45 P32 ATE: 09/16/05 UNITED CITY OF YORKVILLE PAGE: 33 IME: 11:05:27 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/27/2005 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT RKAUTO YORKVILLE AUTO PARTS 712631 08/22/05 01 WATER OP-VEHICLE PART 51-000-62-00-5409 09/27/05 22.11 MAINTENANCE - VEHICLES INVOICE TOTAL: 22.11 713854 08/31/05 01 WATER OP-OIL FILTER, GAUGE, 51-000-62-00-5409 09/27/05 22.61 MAINTENANCE - VEHICLES 02 COUPLER ** COMMENT ** INVOICE TOTAL: 22.61 715109 09/10/05 01 PD-WIPER BLADES 01-210-62-00-5409 09/27/05 16.92 MAINTENANCE - VEHICLES INVOICE TOTAL: 16.92 VENDOR TOTAL: 83.36 (RKSTORG YORKVILLE SELF STORAGE, INC 100105-OCT 08/30/05 01 MUNICIPAL BLDG-STORAGE SPACE 16-000-75-00-7203 09/27/05 150.00 BLDG 'IMPROVEMENTS-PUBLIC W 02 #83 & #76 RENTAL FOR OCTOBER ** COMMENT ** INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 TOTAL ALL INVOICES: 730,292.04 P33 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 9/03/05 SOCIAL REGULAR OVERTIME SUB-TOTAL SECURITY IMRF TOTAL ADMINISTRATION $23,936.03 $0.00 $23,936.03 $1,787.27 $1,823.51 $27,546.81 ENGINEERING $9,764.88 $0.00 $9,764.88 $730.69 $794.86 $11,290.43 POLICE $54,946.79 $3,236.19 $58,182.98 $4,433.58 $331.64 $62,948.20 PUBLIC WORKS $22,793.76 $1,952.52 $24,746.28 $1,889.79 $1,892.24 $28,528.31 PARKS $11,690.96 $108.21 $11,799.17 $893.23 $960.44 $13,652.84 RECREATION $12,991.67 $0.00 $12,991.67 $987.28 $937.63 $14,916.58 LIBRARY $6,988.09 $0.00 $6,988.09 $534.57 $297.30 $7,819.96 TOTAL $143,112.18 $5,296.92 $148,409.10 $11,256.41 $7,037.62 $166,703.13 TOTAL PAYROLL 9/03/2005 $166,703.13 TOTAL INVOICES 9/27/2005 $730,292.04 TOTAL DISBURSEMENTS $896,995.17 P34 United City of Yorkville Monthly Treasurer's Report Pre Audit Financial Summary As of July 31, 2005 Beginning Ending Fund Balance Revenues Expenses Transfers Balance 1 General 2,000,411.04 5,408,340.71 1,383,901.11 (173,522.49) 5,851,328.15 15 Motor Fuel Tax 149,503.10 21,482.39 16,179.34 - 154,806.15 16 Municipal Building (246,230.78) 2,700.00 46,434.74 (13,600.00) (303,565.52) 20 PD Capital 82,008.48 7,875.00 36,974.64 (6,027.50) 46,881.34 21 PW Capital 223,259.50 18,000.00 - 20,000.00 261,259.50 22 Parks&Rec Equip Capital 71,365.38 1,750.00 5,250.00 - 67,865.38 37 Sanitary Sewer Improvement 2,962,882.31 229,251.13 1,071,421.54 (174,053.25) 1,946,658.65 41 Water Improvement Exp (265,706.17) 64,267.00 63,340.35 (70,360.50) (335,140.02) 42 Debt Service (194,607.78) 8,935.00 107,852.89 267,672.00 (25,853.67) 51 Water 611,827.64 132,562.92 168,112.33 (62,500.00) 513,778.23 52 Sewer 376,286.26 48,496.83 19,436.24 (25,000.00) 380,346.85 72 Land Cash 548,175.55 16,425.98 37,101.69 - 527,499.84 73 Land Acquisition 213,617.69 - - - 213,617.69 79 Parks&Recreation 56,532.40 17,787.02 91,737.76 232,141.74 214,723.40 82 Library 298,491.79 233,145.04 59,056.69 5,250.00 477,830.14 85 Fox Industrial (10,475.29) 13,853.66 - - 3,378.37 87 Countryside TIF Project 3,456,521.17 - - - 3,456,521.17 95 Trust&Agency (65,294.70) 236,807.42 9,729.60 - 161,783.12 Totals 10,268,567.59 6,461,680.10 3,116,528.92 - 13,613,718.77 As Treasurer of the United City of Yorkville, I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. William Powell,Treasurer Fund Balance Reserve General Fund 28.65% Water Ops 19.95% Sewer Maint. 39.29% Combined Fund Balance Reserve 28.00% Prepared by: Lori Thomas-Accounting Clerk II "+ , ID :6305534119 JUL 28 '05 7 :35 No .001 P .02 STATE OF ILL INOIS COUNTY OF KENDALL • ORDINANCE NO. ORDINANCE ADOPTING AND IMPLEMENTING THE KENDALL COUNTY AGRICULTURAL CONSERVATION EASEMENT AND FARMLAND PROTECTION PROGRAM WHEREAS, the County has the authority to purchase real estate for the preservation of forests, prairies and other natural areas pursuant to 55 ILCS 5/5-1005; and WHEREAS, the County is authorized to acquire land for purposes of flood plain protection, flood water run-off, detention ponds, and other public grounds and may regulate the use of these public grounds for any public purpose pursuant to 55 ILCS 5/5- 1049; and WHEREAS, the County is authorized to acquire land for the purpose of protecting the water supply pursuant to 55 ILCS 5/5-15009; and WHEREAS, the County is authorized to protect and establish preservation districts including the protection of landscapes in areas of scenic significance pursuant to 55 ILCS 5/5-30004; and WHEREAS, the State of Illinois has authorized the Illinois Department of Natural Resources to assist local governments in the acquisition of open space pursuant to the Open Space Lands Acquisition and Development Act(525 ILCS 35/1); and WHEREAS, the Kendall County Board finds and determines that the adoption implementation of the Kendall County Agricultural Conservation Easement and Farmland Protection Program is necessary in order to maintain and preserve the natural beauty of Kendall County; and WHEREAS, adoption of the Kendall County Agricultural Conservation Easement and Farmland Protection Program will assist in promoting responsible managed growth patterns through intergovernmental planning agreements in conjunction with the Kendall County Land Resource Management Plan, the Kendall County Forest Preserve District Master flan, the Kendall County Trails and Greenways Plan, the Kendall County Transportation Plan, and the Kendall County Storm Water Management Ordinance, NOW, THERHFORR,BR IT ORDAiNRI) by the Kendall County Board that it hereby adopts the following: ID :6305534119 JUL 28 '05 7 :35 No .001 P .03 • SECTION 1: An Ordinance to create the Kendall County Agricultural Conservation Easement and Farmland Protection Program and to establish the Kendall County Conservation Easement and Farmland Protection program pursuant to the Illinois Property Conservation Rights Act, 765 1LCS 12010.01 et seq.,to read as follows; 1, DEFINITIONS. In this Ordinance: A. Board means the Kendall County Board. B. Conservation Easement means a holder's nonposscssory interest in real property within Kendall County imposing any limitation or affirmative obligation the purpose of which includes protecting viable farm operations and farmland to maintain the rural character of Kendall County, permanently preserving scenic vistas and environmentally significant areas, including wetlands, lakes, streams and wood lots, creating and preserving"buffer zones" around significant environmental areas and agricultural areas, restricting land divisions, retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use,protecting natural resources, maintaining or enhancing air or water quality,preserving the historical, architectural, archaeological, archaeological or cultural aspects of real property. C. Commission means the Kendall County Agricultural Conservation Basement and Farmland Protection Commission. D. Conservation Interest means a holder's interest in a conservation casement, a third-party right of enforcement in a conservation casement or fee title interest in real property. E. Nonprofit Conservation Organization means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the acquisition of property for conservation purposes and that is described in Section 501(c) (3) of the internal Revenue Code and is exempt from federal income tax under Section 501(a)of the Internal Revenue Code. 2. LAND TRUST COMMISSION A. Creation, There is hereby created the Kendall County Agricultural Conservation Easement and Farmland Protection Commission (hereinafter the"Commission"). B. Duties. The Commission shall be responsible for general supervision of the Agricultural Conservation F:aseinent and Farmland Protection Program as set forth in this Ordinance, including the following: 2 ID :6305534119 JUL 28 '05 7 :36 No .001 P . 04 . The Commission shall maintain contact with public and private agencies to maximize.the resources and coordinate efforts to preserve the neral character of Kendall.County. 2. The Commission shall determine the interest.of owners of land within Kendall County at least annually, to.donate or sell interests in real property for the purpose of the Agricultural Conservation Easement and Farmland Protection Program. 3. The Commission shall recommend selection criteria and may recommend the acquisition of interests in specific parcels of real property to be acquired by the County of Kendall for agricultural • protection purpose. 4. The Commission may recommend changes to the Kendall County Agricultural Conservation Easement and Farmland Protection Program and suggestions as to how the Kendall County Agricultural Conservation Easement and Farmland Protection Fund acquisition program may be integrated with the Kendall County Land Resource Management Plan, the Kendall County Forest Preserve District Master Plan, the Kendall County Trails and Greenways Plan, the Kendall County Transportation Plan, and the Kendall County Storm water Management Ordinance and other local and regional land use plans. 5. The Commission may conduct public meeting or public hearings as it determines necessary. 6. The Commission may prepare any application forms necessary for the Agricultural Conservation Easement and Farmland Protection Program and prepare, review and recommend any grant application for State and Federal grants. C. Membership. The Commission shall consist of nine (9) voting members consisting of: 1. Three members of the Kendall County Board who shall be appointed by the Chairman of the Kendall County Board with the advice and consent of the County Board. 2. A representative of the Kendall County harm Bureau who shall be appointed by the President of the Kendall County Fann Bureau with the advice and consent of the Farm Bureau Board. 3 ID :6305534119 JUL 28 '05 7 :36 No .001 P .05 3. A representative of the Kendall County Soil and Water Conservation District who shall be appointed by the President of the Kendall County Soil and Water Conservation District with the advice and consent of the Soil and Water Conservation District Board. 4. A member of the Kendall County Regional Planning Commission who shall he appointed by the Chairman of the Kendall County Regional Planning Commission with the advice and consent of the Regional Planning Commission. 5. Three members who shall reside in Kendall County who reflect the demographics of Kendall County shall be appointed by the Chairman of the Kendall County Board with the advice and consent of the County Board. 6. The term of membership shall expire on June 1 following the third anniversary of their appointment. All members shall be residents of Kendall County and, to the extent practicable, include persons with backgrounds and experience in agriculture, finance, conservation or planning. D. Officers. The Commission shall have the following officers: 1. The Commission Chairman shall be appointed by the Chairman of the Kendall County Board at the initial meeting and shall preside at all meetings of the Commission. The Commission Chairman shall serve for a term of one(1)year, subject to reappointment by the Chairman of the Kendall County Board, 2. A Vice Chairman shall he elected by a majority vote of the Commission at the first meeting of the Commission to serve for a term of one(1) year, subject to reappointment by the Commission. The Vice Chairman shall serve as Conunission Chairman in the absence of the Chairman. 3. A Secretary shall be elected by a majority vote of the Commission at the first meeting of the Commission to serve for a term of one (1) year, subject to reappointment by the Commission, The Secretary shall be responsible for keep minutes of meetings. 4 ID :6305534119 JUL 28 ' 05 7 :37 No .001 P .06 E. Rules of Procedure, 1. The Commission shall adopt rules of procedure quid bylaws to govern its deliberations. In the absence of any other • such rules, the Commission shall conduct its proceedings in accordance with Robert's Rules of Order, latest revised edition, the Open Meetings Act(5 ILCS 120/1), and the Freedom of Information Act(5 1LCS 140/1). 2. Under no circumstances shall a.rile of procedure or bylaw shall release the Commission from complying with Federal and State Statutes. 3. AGRICULTURAL CONSERVATION EASEMENT AND FARMLAND PROTECTION PRORAM EXPENDITURES. The County Board is authorized to acquire conservation interests in real property or to make payments to nonprofit conservation organizations for the purpose of rural and farmland preservation as provided herein. A. Conservation Easement Purchases. The County Board may, subject to subsection D, expend funds for costs associated with the purchase or acceptance of donated holders' interests or third party rights of enforcement in conservation easements as defined, respectively, in the Illinois Property Conservation Right Act. B. Payments to Nonprofit Organisations. The County Board may, subject to subsection D, appropriate money for payment to a nonprofit conservation organization for the conservation of farmland and natural resources within Kendall County or beneficial to Kendall County through the acquisition of conservation interests provided that the recipient organization submits and the County Board approves a detailed plan for the work to be done. C. Voluntary Conveyances. The County Board may acquire conservation interests only from willing owners and may not exercise its power of eminent domain to acquire such conservation interests. D. Voluntary Contributions: The County Board may accept voluntary contributions from individuals, organizations, or other government agencies for the purpose of acquiring conservation easements. E, Indirect Costs. In addition to the purchase price therefore, the County Board may expend funds for the payment of indirect costs associated with the conduct of the program, including costs of administration and acquisition of conservation interests, including but not limited to survey costs, title evidence, attorney's fees, appraisers' fees, environmental assessments,transfer taxes and recording fees. 5 ID :6305534119 JUL 28 '05 7 :37 No .001 P .07 4. PROCEDURE FOR ACQUISITION OF CONSERVATION INTERESTS A. The Commission shall review all applications and make formal recommendations to the County Board as to which conservations interests should he considered. B. The County Board may conduct public meetings or public hearings as it detennines necessary for consideration of Agricultural Conservation Easement and Farmland Protection conservation interests and/or expenditures. C. Final action of the County Board is required to acquire conservation interests either by purchasing the conservation interest or by voluntary conveyance, . 5. ALIENATION OF ACQUIRED INTERESTS. Except where the intention to reconvey conservation interest is expressly provided for in the Board's authorization to acquire such interest, no conservation interest acquired by the County under the provisions of this Ordinance shall thereafter he alienated. 6. CONFLICT OF INTEREST.No person may participate in any deliberation of Commission or of the County Board in the consideration or determination of any expenditure under this Ordinance in which the person, a member of the person's family, or an organization with whom the person is affiliated has a financial interest. 7. AMENDMENT OR REPEAL. 'This Ordinance may be amended or repealed only by affirmative vote of the County Board following a public hearing. 8. SERVERABILITY. Should any provision of this Ordinance be adjudged invalid by a court of competent jurisdiction, such Adjudication shall not affect the validity of any other provision of this Ordinance. SECTION 2, This Ordinance shall take effect immediately upon its passage as provided by law. Passed and adopted by the County Board of Kendall County, Illinois this , day of , 2005 "I .ra.irman ATTEST: County Clerk 6 10 :6305534119 JUL 28 ' 05 7 :38 No .001 P .08 KENDALL COUNTY AGRICULTURAL CONSERVATION EASEMENT AND FARMLAND PROTECTION COMMISSION BYLAWS ARTICLE 1. Name 1.1 The organization shall be known as the Kendall County Agricultural Conservation Basement and Farmland Protection Commission(hereinafter referred to as "Farmland Protection Commission"). AR'T'ICLE 2. Membership 2.1 The Commission shall consist of nine (9) voting members consisting of three members of the Kendall County Board who shall be appointed by the Chairman of the Kendall County Board with the advice and consent of the County Board, a representative of the Kendall County Farm Bureau who shall be appointed by the President of the Kendall County Farm Bureau with the advice and consent of the Farm Bureau Board, a representative of the Kendall County Soil and Water Conservation District who shall be appointed by the President of the Kendall County Soil and Water Conservation District with the advice and consent of the Soil and Water Conservation District Board, a member of the Kendall County Regional Planning Commission who shall be appointed by the Chairman of the Kendall County Regional Planning Commission with the advice and consent of the Regional Planning Commission, three members who shall reside in Kendall County who reflect the demographics of Kendall County shall be appointed by the Chairman of the Kendall County Board with the advice and consent of the County Board. 2.2 The term of membership shall expire on June 1 following the third anniversary of their appointment. All members shall be residents of Kendall County and,to the extent practicable, include persons with backgrounds and experience in agriculture, finance, conservation or planning. 2.3 Members may be reappointed for additional terms. ARTICLE 3. Officers 3.1 The Commission Chairman shall be appointed by the Chairman of the Kendall County Board at the initial meeting and shall preside at all meetings of the Commission. The Commission Chairman shall serve for a term of one (1) year, subject to reappointment by the Chairman of the Kendall County Board. I0 :6305534119 JUL 28 '05 7:38 No .001 P .09 3.2 A Vice Chairman shall be elected by a majority vote of the Commission at the first meeting of the Commission to serve for a term of one (1) year, subject to reappointment by the Commission. The Vice Chairman shall serve as Commission Chairman in the absence of the Chairman. 3.3 A Secretary shall be elected by a majority vote of the Commission at the first meeting of the Commission to serve for a terra of one (1) year, subject to reappointment by the Commission. The Secretary shall be responsible for keep minutes of meetings. ARTICLE 4. Meetings 4,1 The Farmland Protection Commission's regularly scheduled meetings shall be held at a time and locations as deemed appropriate by the Commission. 4,2 Special Meetings may be called by the Chair or three (3)members of the Farmland Protection Commission by giving at least forty-eight(48) hours notice to each member and the local media. 4.3 A quorum shall consist of five(5) members of the harmland Protection Commission. 4,4 Minutes shall be recorded for all meetings and filed with the County Clerk in accordance with the Open Meetings Act, 4.4 Action shall be taken by the Farmland Protection Commission when a motion or resolution is passed by a majority of a.quorum. 4.5 The Chair shall vote on all motions, resolutions,or other matters that are put to a vote. ARTICI E 5. Procedures 5.1 The Commission shall adopt rules of procedure to govern its deliberations. In the absence of any other such rules, the Commission shall conduct its proceedings in accordance with Robert's Rules of Order, latest revised edition, the Open Meetings Act(5 ILCS 120/1), and the Freedom of Information Act(5 ILCS 140/1). 5.2 Under no circumstances shall a rule of procedure or bylaw shall release the Commission from complying with Federal and State Statutes, ID:6305534119 JUL 28 ' 05 7 :39 No . 001 P . 10 ARTICLE 6. Committees 6.1 Committees may he established by resolution of the Farmland Protection Coiml,ission to serve at the pleasure of the Commission. The Chair may establish committees between regular Farmland Protection Commission meetings to act upon urgent matters and report at the following regular meeting of the Commission. 6.2 The Chair shall appoint members to committees and designate the chair of each committee. ARTICLE 7. Conflict of Interest 7.1 Each member, in order to protect him/herself and the Commission from allegations of a conflict of interest or favoritism,must take individual responsibility for evaluating his/her personal or financial interest(or that of his/her family or partner) in any matter being considered by the Farmland Protection Commission. 7.2 Prior to consideration of any matter being considered by the Farmland Protection Commission, a member with a conflict must physically move form his/her chair so that he/she will not participate in the Commission's deliberation or vote. 7.3 No member shall accept or receive a gift or gratuity of property of any kind which in any way, directly or indirectly, relates to membership on the Farmland Protection Commission in accordance with the State Gift Ban Act or other appropriate provisions of law. ARTICLE 8. Changes to Bylaws 8,1 These Bylaws may be altered, amended, repealed, supplemented, or superseded by a two-thirds majority vote of the Farmland Protection Commission. 8.2 Members shall be provided with a copy of the proposed change(s) at least ten(10) days prior to their introduction. 8.3 Any proposed change(s) shall be introduced at one regular meeting and acted upon at the next regular meeting. Introduction and action may occur, however, at special meetings scheduled not less than twenty-four(24) hours apart and with at least ten (10) days notice to each member and at least forty-eight (48) hours notice to the local media. ID:6305534119 JUL 28 '05 7 :39 No .001 P . 11 ARTICLE 9. Effective Date 9.1 These Bylaws shall take effect immediately upon its passage as provided by law. Approved: the day of 0f / _ i Chairman ATTl ST: County Clerk } Lisa Pickering From: Annette Williams [awilliams@yorkville.il.us] Sent: Wednesday, September 14, 2005 2:25 PM To: Lisa Pickering Subject: FW: Metro WEst Background Info Questions and nswers.doc (37 . For the packets Annette Original Message From: MetroWestCOG MetroWestCOG [mailto:MetroWestCOG@wpo.cso.niu.edu] Sent: Wednesday, September 14, 2005 2 :16 PM To: awilliams@yorkville.il.us Subject: Metro WEst Background Info Per your request, please find the attached information on the Metro West Council of Government. The dues are calculated on a $0.35 per capita basis. Municipalities with populations under 5, 000 are charged a flat fee of $1, 500. For any municipality over 5, 000, the minimum annual dues would be $3, 500 with a maximum of $30, 000. The initial membership commitment for founding members would be for a three year period. If Yorkville chose to become a member of Metro West, dues would be $3, 500. Please let me know if you need additional information. Thank you for your interest in Metro West. Kate Davison Katherine E. Davison Metro West Council of Government Voice: (815) 753-3499 Fax: (815) 753-2305 Regional Development Institute Northern Illinois University DeKalb, IL 60115 MetroWestCOG@niu.edu This e-mail message is added in accordance with the terms of the Federal CAN-SPAM Act. This message may constitute an advertisement or solicitation as defined in the CAN-SPAM Act. If you prefer not to receive future e-mail messages regarding the Metro West Council of Government, please contact the sender by replying to this e-mail with the subject line 'remove' to MetroWestCOG@niu.edu. 1 Metro West Council of Government Questions and Answers What is the Metro West Council of Government (COG)? Metro West is a not-for-profit corporation whose purpose is: I) to promote intergovernmental cooperation and communication between the member municipalities; 2) to articulate positions, and when appropriate, implement solutions to regional, countywide and state problems; 3) to provide research and technical assistance in the development of solutions to local problems; 4) to provide training and educational programs designed to foster leadership development and an understanding of municipal issues; 5) to coordinate growth and transportation issues affecting the region; and 6) to uphold and advocate principles of effective local government. What geographical area will Metro West cover? Metro West will represent municipalities in Kane, Kendall and DeKalb Counties. Why should our municipality join Metro West? Metro West will foster regional cooperation to address regional issues, including managing growth and promoting sustainable economic development. Metro West affords those member municipalities the opportunity to network with other Mayors, Village Presidents, Managers and Administrators in the tri-county region. Doesn't the Illinois Municipal League (IML) already provide these services to our municipality? Metro West provides a representation for its members on specific issues that are unique to this region. The IML addresses statewide issues. What particular regional issues are Kane, Kendall and DeKalb Counties facing compared to the rest of the region or State? Some of the specific issues are: I) rapid population growth and the infrastructure implications; 2) Prairie Parkway; 3) transportation significance of 1-88 and its expansion on the region; and 4) regional importance and economic development impact of Fermi-Lab. What municipalities have indicated they are interested in joining Metro West? The municipalities that have indicated that are interested in being founding members include: I) Batavia; 2) East Dundee; 3) Elburn; 4) Elgin; 5) Geneva; 6) Montgomery; 7) North Aurora; 8) Oswego; 9) Sleepy Hollow; 10) St. Charles; I I) South Elgin; 12) Sugar Grove; 13) Wayne; 14) West Chicago; and 15) West Dundee. 1 How was the dues structure determined? Data was colleted on the dues structure for other Councils of Government (COGs) in the Chicago Metropolitan area. The data for the following COGs was analyzed: I) DuPage Mayors and Managers Conference; 2) Northwest Municipal Conference; 3) South Suburban Mayors and Managers Association; 4) West Central Municipal Conference; and 5) Will County Governmental League. Based on the analyzed data, a simplistic dues structure was proposed. How are the dues structured for the member municipalities? The dues are calculated on a $0.35 per capita basis. Municipalities with populations under 5,000 are charged a flat fee of$1,500. For any municipality over 5,000, the minimum annual dues would be $3,500 with a maximum of $30,000. The initial membership commitment for founding members would be for a three year period. If our municipality approves the Resolution, what does it mean? If your municipality approves the Resolution in the next couple of months, it indicates you're willingness to be a founding member and commit membership to the first three years of the organization. What happens to the DuKane Valley Council? The Council will continue to exist as a separate organization. It encompasses a multitude of different organizations including municipalities, counties, townships, universities, special districts and utilities. The Council addresses issues of importance to its wide range of membership and will continue to coordinate its monthly luncheon meetings. What happens to the DuKane Mayors and Administrators? DuKane Mayors and Administrators no longer officially exists as an organization. It has been transformed into Metro West. What has happened so far with Metro West? A sub-committee was established last fall with representatives from the City of Elgin, the Village of Montgomery and the City of St. Charles in order to create an action plan for creating a regional council of government. By-laws were drafted and adopted. A dues structure was proposed and adopted. Attorney Steven Andersson of Mickey, Wilson, Weiler, Renzi & Andersson has donated his legal services at no cost for the creation and continuing operation of Metro West. Mr. Andersson is the Village Attorney for both the Village of Montgomery and the Village of Sugar Grove. Metro West elected officers at the June business meeting. The next few steps of the organization's evolution are: I) the collection of dues; and 2) consideration of strategic planning. (Updated July 2005) 2 09/05/2005 12:47 6302326712 GOLDEN DINERS OFFICE PAGE 02 401 Dry (.7°) 1,:14,' ''' �,�1TI1)'. v, J I f•'Ii' $ � {a MEMORANDUM OF AGREEMENT BETWEEN THE SALVATION ARMY GOLDEN DINER'S NUTRITION PROGRAM AND THE UNITED CITY OF YORKVILLE Agreement is made this l'` day of October 2005 by and between THE SALVATION ARMY GOLDEN DINERS NUTRITION PROGRAM, having its offices at 1031 East State St., Geneva, Illinois 60134, herein after designated as the "PROGRAM" and THE UNITED CITY OF YORKVILLE, 908 GAME FARM RD., YORKVILLE, IL hereinafter designated as the "COMPANY". In consideration of the mutual promises and covenants herein, the COMPANY and the PROGRAM agree as follows 1. RENTAL FEE,COMPANY agrees to provide space to the PROGRAM(at no charge)which shall include kitchen, the Austin room including dining area, table and chairs, and office space. COMPANY further agrees to allow PROGRAM.employees and agents access to washrooms facilities and ingress and egress to and from space provided. 2. AGREEMENT TERMS: The terms of this Agreement shall commence this 1' day of October 2005, and shall terminate the 30th day of September 2006, or pursuant to the provision of paragraph 6 of this Agreement. 3. PURPOSE OF AGREEMENT: The purpose of this Agreement is for the preparing and serving of hot meals to serve senior citizen and for the purpose of educational and recreational programs to such senior citizens. PROGRAM reserves the right to refuse service to any individual. 4. HOURS OF AGREEMENT: The Austin Room shall be made available to PROGRAM during the hours of 7:00 a.m. to 2:30 p.m.,Monday through and including Friday. The kitchen will be made available to PROGRAM during the hours of 7:00 a.m. to 2:30 p.m.,Monday through and including Friday. The above facilities, as well as remaining areas of the building may be used by PROGRAM at the approval of the Beecher Building Coordinator, so long as it does not interfere with the scheduled use of other programs renting or using the facility. Those dates and areas must be submitted in advance writing to the recreation office. 5. ALLOCATION OF STORAGE: The PROGRAM will abide by designation set in this agreement, regarding the use of storage facilities acknowledging other groups, program needs and available space. The south two shelves in the storage room and the north set of shelves will be reserved for the PROGRAM. Three sections in the storage area in the Austin room will breserved for the PROGRAM. One section will be available for other community groups. The west office will be reserved for the PROGRAM, it shall be used as an office and storage. It must have all kitchen supplies and other matters removed in accordance to Chapter 3 Cautions Against Fires. 09/06/2005 12:47 6302326712 GOLDEN DINERS OFFICE PAGE 03 The United City of Yorkville Memorandum of Agreement Page 2 The electrical room may have shelves on the east and south wall. Moveable racks must remain three feet from all electrical panels, per code 310.3. In addition, limited storage is provided at the Parks Maintenance Building, which the PROGRAM will annually evaluate and clean out. 6. TERMINATE OF AGREEMENT: It is agreed that this Agreement is for a period of one (1)year. It is further agreed that this Agreement may be terminated upon thirty (30) days written notice either by the PROGRAM or the COMPANY. « 7.MAINTENANCE REPAIRS AND UTILITIES' A is mutually agreed upon that the PROGRAM shall be responsible for a portion of the maintenance costs, at a rate of$20.00 per month, due the l"`of each month. It is also agreed that the COMPANY shall be responsible for all costs of repairs both structural and non-structural and utility costs, except as to appliances, fixtures, or personal property owned, leased of or controlled by the PROGRAM which shall be the sole responsibility of the PROGRAM. The PROGRAM shall be responsible for cleaning up the areas used by it after its use. 8. PERSONAL PROPERTY: It is mutually agreed that a written inventory be taken of any items or equipment belonging to THE PROGRAM and shall remain the property of the PROGRAM and may not be removed by the COMPANY upon termination of the Agreement. Only items or equipment belonging to the PROGRAM may be removed upon said termination by the PROGRAM. 9. INSURANCE: This PROGRAM covenants and agrees to protect and save harm loss the COMPANY from any and all claims for injuries to persons or property by reason of any accident or happening which was due to the fault of the PROGRAM, its employees or agents. The PROGRAM agrees to obtain public liability insurance in the amount of$1,000,000.00(see attachments). 10. SIGNS: PROGRAM may place upon the premises at its own expense both exterior and interior signs on the building with the prior authority of the COMPANY provided however, that the PROGRAM shall not cause damage to the premises or the building and such signs shall be in compliance with all governmental regulations. No sign shall be permanent or left in place longer than one week. 11. COUNTY HEALTH REGULATIONS: It is agreed the COMPANY will insure that the facilities are kept up to the standards set by the County Health and Safety Regulations including slip retardant surfaces on all applicable indoor and outdoor walkways and stairs, caning, heating,ventilation, water supply, sewage and waste.Provide professional pest control services. The COMPANY shall provide the PROGRAM with copies of Health Inspections, Sanitation Inspection and Fire Inspections. 09/06/2005 12:47 6302326712 GOLDEN DINERS OFFICE PAGE 04 The United City of Yorkville Memorandum of Agreement Page 3 12. INSPECTIONS. The PROGRAM agrees to abide by all reports and standards set by the United City of Yorkville Building Code and Ordinances. 13, The building in which our site operates is regularly inspected by the local authorities Yes No Evidence of these inspections are exhibited in the proper places Yes No IN WITNESS WHEREOF, the PROGRAM and these present to be signed by its duly authorized Officers and the COMPANY has caused its hand and seal to be affixed in DUPLICATE, THE CITY OF YORKVILLE: BY DATE Arthur Prochaska, Jr. Major of Yorkville `COMPANY" THE SALVATIO GO D ' DINERS NUTRITION PROGRAM an Illinois Not-for- Profit Coy n q BY /47 2 WA. i DATE / — 66. aptain V' ky Horton, a irector " GRAM" 1 SEP-6-2005 15:36 FROM:CN 13124410641 TO:16305537575 P.3 Community Nutrition Networ I and Senior Services Associatio z of Cod( County aNiyh, i.** Ef(r CERTIFIED .NUTRITION . PROGRAM **w n*4OOF � M AGREEMENT BETWEEN COMMUNITY NUTRITION NETWORK and SENIOR SERVICES ASSOCIATION OF COOK COUNTY and UNIFIED CITY OF YORKVILLE This agreement is made October 1, 2005 between the Community Nutrition Network and Senior Services Association Cook County, and the Unified City of Yorkville,partially funded by the Northeastern Illinois Area Agency on Aging and authorized by Title III-C of the Older Americans Act,to insure the operation of a Senior luncheon program. Therefore,in consideration of the mutual promises and covenants herein, the above parties agree to the following: SECTION I The Unified City of Yorkville agrees to: 1. Provide space in the Beecher Community Bt ilding located at 908 Game Farm Road, Yorkville, Illinois,60560, to operate 'he CNN Senior luncheon program. This space will include: a kitchen and a dining area with tables and chairs, storage space as specified by need,and the use of the parking lot for loading and unloading food and supplies. 2. Lunch will be served in the dining room,Mc nday through Friday at 11:30 a.m. CNN will need access to the kitchen and din.ng area between 7:00 a.m. and 12:45 p.m.,Monday through Friday. 3. CNN sites shall be closed on the following approved holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. Additional days may be declared by either agency and will be submitted to each agency's authorized representatives at the ea liest possible time, 4. If the facility requires use of the above-mentoned area during the above hours, they will provide Community Nutrition Network with ten(10)days notice. 208 South LaSalle,Suite 1900 • Chicago,Illinois 60604-1001 (312) 207-5290 • Fax(312)441-0641 A non proflf organization SEP-6-2005 15:36 FROM:CN 13124410641 70:16305537575 P.2 Community Nutrition Network I and Senior Services Associatic n of Cook County September 6, 2005 Honorable Art Prochaska Mayor, Unified City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mayor Prochaska, Thank you for meeting with us on August 25 to discuss the future of the federal Title III-C senior nutrition program in Yorkville. CNN has been awarded the FY2006 contract for this program for Kendall County by the Northeastern Illinois Area Agency on Aging. The current provider of this program, The Salvation Army Golden Diners,will transition the program to CNN on September 30, 2005. CNN has been made aware that the City of Yorkville currently maintains a site agreement with the Salvation Army for the utilization of space in the Beecher Center. We have been told that this agreement expires on September 30,2005. This correspondence represents CNN's intention to request that a site agreement for uti.ization of space in the Beecher Center be executed with CNN for the provision of fede-al Title III-C senior nutrition services commencing October 1, 2005. I have includeci a draft site agreement for your review. Should the City be unable, at this time, to provide spac:,in the Beecher Center, CNN will seek a new location in Kendall County for the provisio'i of service. We cannot guarantee that a new location would be available in Yorkville, as the clock keeps ticking. I have sent a copy of this correspondence to your City Attorney as requested by Laura Brown. I look forward to working with you for the seniors of Yorkville and Kendall County. • e. ily, tir y. ooper Chief Executive Officer cc: John Wyeth, City Attorney Laura Brown,Recreation Dept. Inc: Draft Site Agreement 208 South LaSalle,Suite 1900 • Chicago,Illinois 60604-1001 (312)207-5290 • Fax(312) 441-0641 A nonprofit organization SEP-6-2005 15:36 FRDM:CN 13124410641 TO:16305537575 P.4 SECTION II The Community Nutrition Network(CNN)agrees to: 1. Operate a Senior Nutrition luncheon which 11 provide one meal per day(See Section I for days and hours of site operatio .)through the Title III-C-1 Congregate Meals and the Title III C-2 Horn Delivered Meals program at the facility known as Beecher Community Build ng to senior citizens sixty years of age and older and their spouses regardless o'age. 2. Provide for the operation of the Senior lunc.-.n program under the direction of staff to include one(1)Site Manager,one(1 Food Service Aide and two (2) Drivers. 3. Be responsible for supervision of the Senior utrition luncheon staff. This responsibility is vested in CNN and will co orm to the lines of authority as established by the CNN Governing Board o i Directors. 4. Retain full liability for the action and welfar of staff,volunteers and participants and will maintain adequate insurance as req 'red by the Northeastern Illinois Area Agency on Aging for both personal and pro. liability in conjunction with the luncheon Program. The Unified City of Yorkville will not ass e,nor be responsible for, any costs incurred in property damages or personal li. •ility involved in the operation of the program on their premises, with the exceptin of any liability caused by either negligence or failure to comply with the co. ents of this Agreement. Certificates of Liability will be issued wi • 30 working days of the new fiscal year(beginning October 1)to the hosting : ncy. 5. Reserve space on the CNN Nutrition Site Ci uncil for a facility representative,if desired. 6. Obtain Health and Fire Department permits ough required inspections to be completed at least annually or more if req ' ed by local authorities(currently, all permits are required by December 31). In . dition, CNN will comply with all Federal,State and local laws in the provisio of services. SECTION III Public Information SEP-6-2005 15:37 FRDM:CN 13124410641 TO:16305537575 P.5 The facility agrees to include in all public information dealiig with the senior meals program,a statement indicating that CNN is the provider of the Congrdgate Meals and Home Delivered Meals program in the Beecher Community Building. CNN receives funding from Title III-C of the Older Americans Act and the Illinois Department on Aging through the Northeastern Illinois Area Agency on Aging. In addition,the facility agrees to disseminate any additional information regarding CNN's program that may be beneficial far senior :itizens. SECTION IV Length of this Agreement This agreement is effective October 1,2005. Any change or termination of this Agreement must be made in writing with 60 days notice. Official communication between parties must be in writing with authorized signatures between the Chief Exect'tive Officer of CNN and the Unified City of Yorkville. CNN's ability to participate in any agreement,including continuation of this contract,depends on funds received from the Northeastern llinois Area Agency on Aging. Chief Executive Officer Mayor Unified City of Yorkville Community Nutrition Network and Senior Services Association of Cook County Date Date IN WITNESS WHEREOF, the parties hereto have executed THIS AGREEMENT as of the date first written above. Witness Witness M ' r H (l .S CO* }z-, k r ,_r ��`� o United City of Yorkville Memo AI 800 Game Farm Road Esr y a' 1836 Yorkville, Illinois 60560 `� Telephone: 630-553-4350 O III Fax:p 630-553-7575 ti Ili ��d coun ,p. CCE0°).' Date: September 16, 2005 To: Mayor& City Council 's From: Traci Pleckham—Finance Director'\ CC: John Justin Wyeth—City Attorney Harold Martin—Chief of Police Subject: Part Time Hours Audit Based on a recent part time hours worked audit, it has since come to my attention that two part time employees (Police and Administration) have worked over 1,000 hours this calendar year. Section 1.4.4 of the employee manual states that"a part time employee is ineligible for benefit packages listed in the manual, and may not work more than 1,000 hours per year. Any exceptions to the definition of part time employee must have Mayor and City Council approval." Department Heads are requesting that these positions be allowed to work over the 1,000 hours. (t l ' \ t ` ,.[t V . 1 ,ctD ciT o United City of Yorkville Memo 800 Game Farm Road EST.114 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 O 'tunty, Fax: 630-553-7575 my 4CE `Vv' Date: September 14, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Cc: Joe Wywrot, City Engineeer Subject: Acceptance of Easement for Heartland Circle Stormwater Outfall This easement pertains to an area at the far south east corner of Heartland Circle Subdivision. A detention basin was constructed there, with the outflow designed to go across property owned by Mr. and Mrs. Michael Bollweg. You may recall that Mr. and Mrs. Bollweg filed suit against the developer, and were successful at a preliminary hearing. The case was set for trial in June. Prior to trial, the parties entered into extensive settlement negotiations in the Judge's chambers, and I was asked to sit in on these negotiations on behalf of the City. While the details of the Settlement(i.e. the amount of money paid by one party to the other) have been withheld, one aspect of the Court's Order involves the City. The end result of the compromise involves a pipe and overland outfall facility that will go across the Bollweg property. This becomes a public stormwater facility, and an easement will be conveyed to the City for this storm water facility as is customary. City Engineer Joe Wywrot has reviewed both the Easement Document as well as the engineering plans. He has approved both Through the negotiation, I learned that Mr. Bollweg thought that the City may have somehow been liable to him for the water that had flowed across his land giving rise to this suit versus Marker. Therefore, I insisted that the easement contain a provision whereby Mr. and Mrs Bollweg, by there signature release the City from any claim that they may have had regarding the stormwater flow. Accepting this easement is the final step to bring closure to this matter for all parties. I recommend acceptance by the City. GRANT OF EASEMENT AGREEMENT THIS AGREEMENT is entered into thisdray of August, 2005 between and among MICHAEL J. AND SHERRI BOLLWEG (hereinafter referred to as "GRANTOR"), RICHARD MARKER ASSOCIATES, INC., (hereinafter referred to as "DEVELOPER"), and THE UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, GRANTOR is the owner of a certain tract of land legally described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "SUBJECT PROPERTY"); and WHEREAS, DEVELOPER is the owner and developer of the Heartland Circle Subdivision located in the CITY, which is located generally east of the Foxfield Subdivision and south of the Heartland Subdivision in Yorkville, Illinois (hereinafter referred to as the "DEVELOPMENT"); and WHEREAS, GRANTOR has agreed to grant to the CITY a permanent easement for a subsurface stormwater sewer pipe (hereinafter referred to as the "Pipe") and a maintenance easement for said Pipe and an overland drainage easement at the termination of the Pipe, as hereinafter described,through a portion of the SUBJECT PROPERTY; and WHEREAS, GRANTOR, DEVELOPER and the CITY have agreed upon a mutually acceptable location for the easements (hereinafter referred to as the "EASEMENT AREA") as described on Exhibit "B" attached hereto and made a part hereof; and WHEREAS, the CITY, GRANTOR and DEVELOPER have agreed to assume certain obligations and responsibilities in relation to this grant of easement, which are detailed herein. 1 116525/1 NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. That the forgoing recitals are incorporated as if fully set forth herein. 2. GRANTOR hereby grants to the CITY and its successors and assigns a permanent non-exclusive easement for the Pipe and to repair and maintain the Pipe and for overland drainage at the termination of the Pipe across the SUBJECT PROPERTY in the EASEMENT AREA as described in Exhibit B, which Pipe shall initially be constructed and installed by GRANTOR pursuant to agreement with DEVELOPER pursuant to plans acceptable to GRANTOR, DEVELOPER and CITY. Upon satisfactory completion of the construction of the Pipe, the Pipe shall be transferred to and ownership shall be accepted by CITY and shall become the property and responsibility of the CITY and for which neither GRANTOR nor DEVELOPER shall have any further obligation for either the Pipe or the upkeep or maintenance of the overland drainage easement. The CITY agrees to appear, defend, indemnify and hold GRANTOR and DEVELOPER harmless from any claim from any person that the use of the Pipe and the overland drainage easement for drainage from the DEVELOPMENT has caused any injury or damage to persons or property servient to the DEVELOPMENT and the SUBJECT PROPERTY. Upon acceptance of the Pipe by the CITY, GRANTOR shall release the CITY of any claim GRANTOR has or may have against the CITY in connection with stormwater flow from the DEVELOPMENT onto the SUBJECT PROPERTY which arose prior to the date of acceptance. 3. Area disturbed by placement of the Pipe or maintenance work on the Pipe shall be restored to existing conditions as soon as practical by the person disturbing the area at that person's sole cost and expense. 4. This Agreement shall be in full force and effect upon execution thereof by all parties and shall be recorded in its entirety. 5. All of the terms and conditions of this Agreement are hereby made binding on the respective executors, heirs, devisees, administrators, personal representatives, successors and assigns of the parties hereto. Nothing in this Agreement shall be deemed to diminish, modify or amend the respective rights and obligations of GRANTOR and DEVELOPER as set forth in the Settlement Agreement between them dated June 13, 2005. 6. This Agreement shall be construed and governed by the laws of the State of Illinois, without regard to its conflict of laws provisions. 7. No amendment of this Agreement shall be valid unless in writing and signed by the parties. 2 116525/1 EXECUTED as of the day and year first above written. DEVELOPER: RICHARD R ASSOCIATES, INC. By: . r�...- '1 - ,4 c_- 1 Attest: g7k4—(1 CITY: THE UNITED CITY OF YORKVILLE By: Attest: GRANTOR: —7,..-4.,4-4...c.--(4, ierS.,,,L_ _ MICHAEL J. BOLLWEG --6(1AA4 I 65,-()&erSHERRI BOLLWEG ( STATE OF ILLINOIS ) ) SS COUNTY OF-DoT ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify, that MICHAEL J. AND SHERRI BOLLWEG, personally known to me to be the same persons whose name are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. Given under my hand and Notarial Seal this TTday of AAC )S , 2005. .a.,1� s otary P it OFFICIAL SEAL RUSSELL G WHITAKER III Prepared by and return to: NOTARY PUBLIC-STATE OF ILLINOIS Charles J. Corrigan MY COMMISSION EXPIRES:09106108 Dommermuth Brestal Cobine&West, Ltd. 123 Water Street Naperville IL 60540 (630)355-5800 3 116525/1 EXHIBIT A LEGAL DESCRIPTION SUBJECT PROPERTY That part of the Northeast Quarter of Section 33 and the Northwest Quarter of Section 34, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the North Line of Quinsey's Subdivision extended Easterly with the West Line of Lot 178, Fox River Gardens; thence Westerly along said North Line extended and said North Line, 1,487.50 feet; thence Northerly along a tangential curve to the right having a radius of 90.0 feet, 138.96 feet thence Northerly along a line tangent to the last described curve at the last described point, 14.99 feet; thence Northerly along a tangential curve to the left having a radius of 252.15 feet, 262.56 feet; thence Westerly along a line tangent to the last described curve at the last described point, 13.18 feet; thence Westerly along a tangential curve to the left having a radius of 734.83 feet, 131.86 feet; thence Westerly along a line tangent to the last described curve at the last described point, 32.70 feet; thence Westerly along a tangential curve to the right having a radius of 114.89 feet, 82.94 feet; thence Northerly along a line tangent to the last described curve at the last described point, 41.27 feet; thence Westerly along a tangential curve to the left having a radius of 204.68 feet, 92.04 feet; thence Northerly along a line forming an angle of 156°39'26"with a line radial to the last described curve at the last described point, 56.15 feet; thence Easterly along a line forming an angle of 85°00'52"with the last described course, (measured counter-clockwise therefrom), 816.34 feet; thence Easterly along a line forming an angle of 199°33'34"with the last described course (measured counter-clockwise therefrom), 1,261.70 feet to the West Line of Lot 176, Fox River Gardens; thence Southerly along the West Line of Lots 176, 177 & 178, Fox River Gardens, 459.31 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 17.031 Acres. 4 116525/1 EXHIBIT B EASEMENT AREA (See attached: Bollweg Property— Storm Sewer Easement Exhibit) 5 116525/1 ill o L338JS NOSNHOflig ''n ; 6x::'::: '''''' i 0 vv• �t i ,/: �k N k" $ a t)k � 4 { �.,: - '4: & =it ,,,, 79 int /I i i 0i 6 \ IA— \\* ,H \ A '- / / / /417-- i is 11 a_ _ , , / /➢ 1 4 'i ( - 1 17 1i 111 il g , ,/ Ilill tis- 'S. ..,,�.. 3 dx d P 0 til i 3 5.g$ S..B.,V T °Yi v I F O \ 15 S m 1 _...,..... ..„., Q Lo- \ -P Z MIN \ ' ril m , , \ .. , 1 .„. s ,,,,,, i .4 73 ... Y. ... ta91 „, =�.,.. ..„,, 0 Plq \ i I M pi i \ /7 li ,,,,,-„,„,,, , t - Ili .w f7 t \\ CO .... ies(ab .,$D_ s.S sa-7 r 4y. �\ z. I G$ _ t F{� O f a s.g, 5, 5 1441/ry 24117L117 ti T t ` ''.- T gl 54_5<..Da n 1 ofmill.. iii , k5 I I, ) \ ,, S. \ g 8 ___®_...m....—__ t. 8 A AGREEMENT This Agreement, hereinafter referred as to "Agreement", is entered into this day of September,2005,by and between,Robert Dearborn and Debra L.Dearborn,hereinafter referred to as "OWNERS", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNERS and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNERS are the OWNERS of certain real property,hereinafter referred to as "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is generally located at the northeast corner of Main Street and Hydraulic Avenue in the City of Yorkville, and consists of a vacant lot and a single family residence. The OWNERS are seeking to rezone the property with B2 zoning, and the CITY is agreeable to such zoning,based upon the OWNERS planned intention to construct a two-story brick building on Parcel A of the Property. Said building will have brick on all exterior walls, and will have space for business use on the lower level and apartments on the upper level. WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNERS, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any subsequent OWNERS of the property; NOW,THEREFORE,the CITY and the OWNERS,in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNERS hereby agree to comply with all CITY ordinances pertaining to the construction of the proposed building on Parcel A of the Property. - 1 - ARTICLE II ZONING The CITY agrees to adopt an ordinance rezoning the properties identified in Exhibit A from their present zoning of Residential to B2. ARTICLE III BUILDING The building on Parcel A of the Property shall be a two-story building,consisting of a brick exterior on all walls, with business use on the lower level and apartments on the upper level, in substantial compliance with the representation contained in the attached Exhibit B. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to zoning,building requirements, and related restrictions,as they presently exist, except as amended,varied,or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5)years from the date of this Agreement. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement approved and executed by the OWNERS and CITY. ARTICLE V MISCELLANEOUS PROVISIONS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest,assignees,lessees,and upon any successor municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part,sentence,paragraph,section,or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Agreement shall not be affected thereby. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail, postage-prepaid,return receipt requested,to the Parties at the addresses given below or at such other address as may be specified by written notice. -2 - If to OWNERS: If to CITY: Robert and Debra L. Dearborn United City of Yorkville 213 South Bridge Street Attn: Tony Graff, City Administrator Yorkville, Illinois 60560 800 Game Farm Road Yorkville, IL 60560 With a copy to: Attorney Robert P. Pilmer With a copy to: Law Office of Robert P. Pilmer, P.C. Attorney John Justin Wyeth P.O. Box 367 City Attorney Yorkville, Illinois 60560 800 Game Farm Road Yorkville, IL 60560 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. OWNERS United City of Yorkville, Illinois By: Robert Dearborn Mayor ATTEST: Debra L. Dearborn City Clerk - 3 - Exhibit"A" Legal Description of Property Parcel A: Lot 1 in Block 2 of Black's Addition to Yorkville, except the Westerly 6.36 feet thereof and except the Southerly 31.20 feet thereof, in the United City of the Village of Yorkville, Kendall County, Illinois. PIN: Commonly known as: 201 South Main Street, Yorkville, Illinois 60560 Parcel B: The Easterly half of Lot 4, the Southerly 31.20 feet of Lot 1 and the Westerly 6.36 feet of said Lotl, all in Block 2 of Black's Addition to Yorkville, in the United City of the Village of Yorkville, Kendall County, Illinois. PIN: Commonly known as: 204 Hydraulic Avenue, Yorkville, Illinois 60560 -4 - rt + E wtuH.+= a °L ,� tor yy ,4.`� k.,5 1-L,•-•,- 4- aE w ),,v 'kyr MiDjelio } T y 6' Y :,�w..y},01' f "11"4.+4.1... p 2�1 1. -- t, — tea. L .. _ i aq 111 r rs''nrs yz CC � VI, si- fitif,—. _z 1.`. . F.4,--,t,--,47„,..,,,,,,,011- -r : y[ i'y9adrt > : '^as . x, SF "..4. 4,,_ & y �,y. t''..g a; r., Fra« '',t,:-4'J''''‘ a4.,.j . ^4� k egg kY 4M n-ca�r .s¢ `"`{F'.,�3k.x"r,,.�,., 4 a ,y-,, `` -4a*'• aa,,�,..;, a , ;u-- k' W. ^«y1,. 4�^.i.i s�'rc "�'" ,'w ti . z: `t1'P- t K, .....41..,;:—..4444,', •'.rw V. 4,y, '.i 555 Y, { op k#t,.. 5 f+. „,, s. , 4,Y '4 'r.ri ----4,,,,,,,,-7,.,"' ' 5.�-.� I �uE ani',-tA'rA's_.drr,,"a-�#'�r�t `"''*+§..+� rhx'� k'r+yT :M?+ r».?idc. r � S DRAflREV-CLB-89/2415/05 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Garritano/Brummel ProjectProperty) 4110 THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of September, 2005 by and between MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC (collectively, "OWNERS"), PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". S CH01/1-13932Q 112439329 2 RECITALS: A. A. OWNERS and DEVELOPER are the owners of record of certain parcels of real • estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit A (hereinafter referred to as "SUBJECT PROPERTY"). B. B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D- D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned under the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences on approximately 256 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel"); and depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Preliminary Plan") attached hereto as Exhibit D-1 and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. dated September 2, 2005 (the "Preliminary PUD Plan") attached hereto as Exhibit D-2, (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 294 acres legally described on Exhibit B-2(1) and (2) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12, 13 and 14 on the Preliminary Plan (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as • CH01/1-�1-39329.112439329.2 2 • Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the"Commercial Parcel"), all and as depicted as commercial on the Preliminary Plan attached hereto and incorporated herein as Exhibit D. E. E. MPLIV 10, LLC, the OWNER of the Commercial Parcel intends to sell the Commercial Parcel to a developer of commercial properties (the "COMMERCIAL DEVELOPER") who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein. F. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on June 8, 2005 and conducted Public Hearings regarding the Preliminary PUD Plan for the Active Adult Parcel on August 10, 2005 • and September 14, 2005. The City Council conducted the public hearing on the Annexation Agreement and Planned Development Agreement on September 13, 2005. G. G. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. H. H. The parties intend that this Agreement serve as an Annexation Agreement for the entire SUBJECT PROPERTY and as a Planned Development Agreement for the Age-Restricted Residential Parcel. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of • CH01/1243933').1124393'79 2 3 the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. • J_(i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit A for the uses set forth herein, and to further develop the Age-Restricted Parcel as a Planned Development establishing a unique character through the provision of a mix of residential uses within the Age-Restricted Residential Parcel in conformance with the United City of Yorkville Comprehensive Plan as a master planned community. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services • of the United City of Yorkville and other governmental agencies by development of said SUBJECT PROPERTY. (iv) TheAll of the SUBJECT PROPERTY, except for Neighborhoods 13 and 14, is contiguous to the corporate boundaries of the CITY. After annexation of the balance of the SUBJECT PROPERTY to the CITY, Neighborhoods 13 and 14 will remain separated from the corporate boundaries of the CITY by the Commonwealth Edison Right-of-Way. K. K. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the S CHOI/12143320.112439329.2 4 temis and provisions of this Agreement, and be subject to the applicable ordinances, codes and • regulations of the CITY now in force and effect, except as otherwiseprovided in this Agreement. gP � L. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the Preliminary Plan for the SUBJECT PROPERTY attached hereto as Exhibit D-1 and Preliminary PUD Plan for the Age-Restricted Parcel, attached hereto as Exhibit D-2 and agree • that the annexation, zoning and plan for the.SUBJECT PROPERTY shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. A. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY , except for Neighborhoods 13 and 14, under the provisions of the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 • CH01/1'4393'9.112439329.2 5 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences on approximately 256 acres legally described on Exhibit B-1 'attached hereto (the "Age-Restricted Residential Parcel"), (ii) an R-32 Single Family Residence District as a community consisting of detached single-family residences on approximately 294192.17 acres depicted at Neighborhoods 11 and 12 on Exhibit D-1 legally described on Exhibit B-2 designated as Neighborhoods 11 and 12 on Exhibit B-2(1) attached (the "Conventional Residential Parcel") (the Age-Restricted Residential. Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") all as shown on the Preliminary Plan attached hereto as Exhibit D;- provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural shall be permitted • as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. B. As soon as reasonably pract> able after Neighborhoods 13 and 14 depicted on Exhibit D-1 and legally described on Exhibit B-2(2) become contiguous with the corporate boundaries of the Village (i) the corporate authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone Neighborhoods 13 and 14 under the provisions of the Zoning Ordinance as an R-2 Single-Family Residence District as a community containing detached single-family residences on approximately 101.18 acres and (ii) such property shall be and become a part of the Conventional Residential Parcel for purposes of this Agreement. • CHH/1213'}32{).1 12439329.2 6 . C. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary Plan(Exhibit D-1) and the Preliminary PUD Plan (Exhibit D-2). D, The CITY agrees to consider future applications for a special use for portions of the Commercial Parcel, including applications for uses that are designated special uses within the B-3 zoning classification as of the date of this Agreement. At such time as the locations of any of such uses are determined, OWNER shall apply for special uses therefor and the CITY shall conduct any necessary public hearings therefor. 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit E attached hereto • have been requested, approved and are permitted with respect to the development, construction, and use of the Age-Restricted Residential Parcel. There are no modifications or deviations requested form the Conventional Residential Parcel or the Commercial Parcel ("Permitted Variations"). 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels as outlined in Exhibit E IF (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for sanitary sewer and for • CH01/12093^_9.112439329.2 7 water distribution and responsibility for off-site street related improvements as outlined in Exhibit E 2.G. In the event the CITY cannot obtain the necessary off-site easements for the • extension of the watermains, OWNERS and DEVELOPER shall be allowed to extend water mains or sewer from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights-of-way. The CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire all off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER. The CITY shall not incur any acquisition cost not approved by DEVELOPER. 5. WATER UTILITIES. CITY represents and warrants to OWNER and • DEVELOPER as follows: • A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. The CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. C. The CITY has constructed and will maintain an operational water storage tower within the vicinity of the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with the TEPA permits therefor. • CH01/1'_139329.112439329.2 8 • D. There are no administrative, judicial or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 6. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District ("YBSD") treatment facility located at 302 River Road,United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer • by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is wit • - • . Yorkville.partially within the Facility Planning Area (the "FPA") of the YBSD and the CITY shall immediately take all actions necessary to cause any portion not presently within the FPA of the YBSD to be included in the FPA of the YBSD. - - - - --- - . . -� - r • . - . •. . -. - . . .. . .. .�. . . -b • _ ... . C. . . . . . ._. - of this Paragraph 6. • CHOI/12439r9412439329.2 9 D. The CITY . .-. ! - $ • - ' .. _ . . - ", - - -- . for the Westbury Village Subdivision recorded with the Kendall County Recorder of Deeds as II !We"• " . • .. . . .. " __ . . includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy Interceptor Project (the "Rob Roy Interceptor Sewer"). The CITY represents and warrants to DEVELOPER that the -V estbuly Agreement is in full force and effect and unamended.shall cause what is commonly known as the Rob Roy Interceptor Sewer Project to be timely completed and extended to the SUBJECT PROPERTY in order to provide sanitary sewer service to the SUBJECT PROPERTY. Roy Interceptor Sewer from point A to point B as shown on Exhibit has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY,• • -• .: • .. . 0 .. p . • • •: : • •. . :• • • • as reflected on Exhibit on or before , 2005. - . • - • - at• .. - shown on Exhibit , are in place and in full force and .- - . • • • , 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue- the construction of the Rob Roy Interceptor • • .. - • CH01/12,1393^_9.1 12439329.2 10 • CITY, with a reasonably anticipated completion of construction date of , 200 . DEVELOPER agrees to execute such agreements as maybe reasonably requir-d by the CITY in connection with such interim financing. E. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential and commercial products to be constructed on the SUBJECT PROPERTY,the CITY shall permit OWNERS and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to two hundred fifty (250)as well as dwelling units and commercial buildings constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said • structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. 7. DEDICATION OF AND IMPROVEMENT OF PERIMETER ROADWAYS. Subject to the applicable governmental laws, ordinances and regulations, those portions of the perimeter roadways to the Property as reflected on the Preliminary Engineering and described on Exhibit EF-1 shall be dedicated, constructed and/or bonded by DEVELOPER or the Commercial Developer each as to the roadway improvements located in front of that • portion of the SUBJECT PROPERTY it is developing in the manner described in Exhibit EF-2 CH01/124393^_9.112439329.2 11 during independent phases of development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to suchperimeter roadways. The • Pp � Y costs incurred by DEVELOPER in connection therewith shall be credited to the $2,000 per unit Off-Site Road Fee otherwise payable by DEVELOPER to the CITY and shall be credited to the $1,000 per unit Kendall County Transportation Fee. All other improvements to perimeter roads required by the CITY shall be installed by the CITY at its own cost. 8. SECURITY INSTRUMENTS. A. Posting Security. Each of OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development,of each Phase of Development within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER or OWNER shall have the sole discretion, subject to compliance • with Illinois law, 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 percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002-04, the OWNERS and • CHO1/12439329.1 12439329.2 12 • DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNERS and DEVELOPER on their respective parcels as part of a special service area shall require OWNERS and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. B. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcel and the Commercial Parcel, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as-built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations for such portion secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security • Instrument approved by the CITY, securing the costs of the improvements set forth therein. CH01/1243932_0.112439329.2 13 9. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to • any individual neighborhood (i.e., park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from-the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 10: AMENDMENTS TO ORDINANCES.. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified bythe terms of this Agreement, shall • p Yp apply to the SUBJECT PROPERTY and its development for 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 SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Residential Parcel, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the CH01/12439 1 12439329.2 14 • SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. • If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 11. BUILDING CODE; BUILDING PERMITS. • CH01/1213932'''.'12439329 2 15 A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit EG. These regulations as they presently • exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of 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 SUBJECT PROPERTY except upon the written.consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after theexpiration of • said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to. comply with the new regulations. If, during the term of this Agreement, any existing, amended, modified or new • ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations 110 CH01/1213932_9.112439329.2 16 adopted after the date of this Agreement which affects all land within the CITY, shall be • applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit EG attached hereto. • B. The CITY shall act upon each application for a building permit for :which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing 111 specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or • CH01/1243932_9.112439329.2 17 • DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the. CITY and CITY shall inspect such facilities on a periodic basis. D. . Subject to the provisions of Section 13 hereof, no.permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY., 12. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNERS and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final • engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular Final Plat for a Parcel, Phase or. Unit being submitted for approval by OWNERS and/or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 13. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective • CH01/12-4393^_9 '12439329.2 18 contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and • p �' as are 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 GH. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations, but no increased impact fees or new impact fees shall apply to the SUBJECT PROPERTY. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this:Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty(30) days after receipt of the notice of the increase of the fees from the CITY. No increase in fees shall be effective against the SUBJECT PROPERTY until thirty (30) days after recei.t of notice by OWNERS and DEVELOPER. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that • CH01/12439329 112439329.2 19 portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees • per a on chargedresidential unit.basis, DEVELOPER mayestimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number (determined by DEVELOPER) of units. _. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 14. 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. 15. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit H and Exhibit I and Exhibit J to the Yorkville Community School District #115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no school contribution required for the Age-Restricted Residential Parcel and shall be no other school and park contributions required for the Residential Parcels, except as set forth in Exhibits PII and IJ. There shall be no school or park contributions required or made for the Commercial Parcel. For purposes of • CH01/1_133'`/.112439329 2 20 making any donations to the Park Department for the Age-Restricted Parcel, the formula outlined b the CITY establishin• the amount of the contribution on the basis ex.ected •o.ulation to be • tenerated b a develo•ment shall be revised to attribute a •o.ulation of 1.8 .ersons .er dwellin• unit in order to arrive at a donation for each dwellin• unit. The fi•ure of 1.8 •ersons •er dwelling unit shall also be substituted in any other formulas utilized for the CITY for donations based on expected population. 16. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, DEVELOPER shall be entitled to construct, maintain and utilize off-site subdivision identification, marketing and location signs at not more than three (3) locations at anytime within the corporate limits of the CITY as DEVELOPER may designate (individually. an "Off-site Sign" and collectively the • . "Off-site Signs") subject to sign permit review and issuance by the CITY. Off-site Signs will not be located on public right-of-way. DEVELOPER shall be responsible, at its expense,.for • obtaining all necessary and appropriate legal rights for the construction and use of each of the Off-site Signs. Each Offsite Sign may be illuminated subject. to approval by the CITY. In addition to the Off-site Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit J attached hereto. 17. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the Residential Parcel (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcel staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices. The • CH01/12139329.112439329.2 21 • number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and. walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) 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, which may be hereinafter designated by DEVELOPER as a separate • neighborhood at the time a final plat for all or any part of that neighborhood is submitted by DEVELOPER to the CITY, 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 service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to II/ CH01/12,139 112439329 2 22 connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. 110 DEVELOPER may locate temporary sales and construction trailers upon the Residential Parcel during the development and build out of said property, provided any such sales trailer shall be removed within two (2)weeks following issuance of building permits for all units within the Residential Parcel. 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 the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for• the CITY's approval. • DEVELOPER hereby agreesto 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 andproximate 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 and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. 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 neighborhood. 18. 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 • CHOI/124393'9.112439329.2 23 placed upon such part or parts of the SUBJECT PROPERTY as required and approved by • OWNERS and DEVELOPER for purposes.develo ment Said trailers shall be removed from p each of the Residential Parcel and the Commercial Parcel, respectively, within thirty (30) days after issuance of the last occupancy permit for each. such Parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 19. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the.SUBJECT PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last • : of the-documents or information required to support such application, whichever is later.. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable • CHO1/12{30324-112439329.2 24 for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. • B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of,development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be • posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNERS and/or DEVELOPER within a given Phase of development • CHOI/12439329.112439329.2 25 AMEMMINIMa• on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 20. IMPROVEMENTS BENEFITING OTHER PROPERTIES. In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY,or in the event any public improvements installed by DEVELOPER or OWNERS benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 24(A) hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of • properties benefited by the same. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. In addition, if DEVELOPER - - - - - - 90 - • • • .. - -- - - - - . .. . hundred percent (100%). 21. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., • CHO1/1213912_0 112439329.2 26 shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plan. • 22. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS BENEFITING CONVENTIONAL RESIDENTIAL PARCEL. At the OWNERS' and/or DEVELOPER's request, the CITY shall establish a specialservice area ("SSA") to be utilized as a primary funding mechanism for installation of on-site and off-site public improvements as may benefit the Conventional Residential Parcel, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off-site properties); sanitary sewer facilities and other public improvements. The CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the Conventional Residential Parcel and not within the Commercial Parcel or the Age-Restricted Residential Parcel. 23. BANK QUALIFIED DEBT. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000.00) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The parties understand that if the CITY issues debt in an amount greater than $10,000,000 ("Non-Bank Debt") in a given year including special assessment bonds, then the Non-Bank Debt will be subject to a general market interest i CHO1/12,1393^0.412439329.2 27 rate as opposed to a bank qualified interest rate. The parties further understand that the general • market interest rate maybe higher than the bank qualified interest rate. � DEVELOPER agrees that in the event that the Bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non-Bank Debt because of the issuance of the Bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non-Bank Debt that results from the issuance of the Bonds, including but not limited to additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro-rata share of the additional costs incurred by the CITY to issue Non-Bank Debt based on the amount of its bond issue in proportion to the total amount of special assessment bonds issued in that calendar year. This pro-rata share shall be determined at the end of the calendar year in which the Non-Bank Debt is issued by the CITY. Payment of the share shall be a one time payment and shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non-Bank Bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be as reported by Griffin, Kubik, Stephens & Thompson, Inc. ("GKST"), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the parties. These rates shall be determined as of the date that the Non-Bank Debt is issued by the CITY. As of the date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled "Market Card." 24. RECAPTURE AGREEMENTS. • CH01/12439329.112439329.2 28 A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et. seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY • P q P shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the SUBJECT PROPERTY. CITY warrants there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY.has any knowledge of or under.which.the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT.PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any 110 such recapture agreement or ordinance which will affect the SUBJECT PROPERTY. 25. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue pelniits to OWNERS and/or DEVELOPER to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; or (ii) construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat for • CHOI/12139329.112439329.2 29 • the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute TEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the TEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against anyclaims, actions or losses-the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels • pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted. mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations on the Residential Parcel prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all-weather access to such Lots on which building CH01/L-139329.112439329.2 30 foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering g by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. • D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural nursery uses as interim uses until the relevant portion of the . SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 26. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to façade materials, accessory structures and other building restrictions at the time of final plat submittal for each:unit of the Residential Parcel. Further, DEVELOPER agrees to follow the • anti-monotony policy of DEVELOPER for single-family detached homes attached hereto as Exhibit N regarding the exterior elevations of the buildings. DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for. the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. 27. HOMEOWNERS ASSOCIATIONS AND DORMANT SPECIAL SERVICE AREAS (DSSA). A. Homeowners Associations. DEVELOPER shall establish through separate declarations of covenants, conditions and restrictions for each of the Conventional Residential • CHOI/12.139329.112439329.2 31 • Parcel and the Age-Restricted Residential Parcel, a Homeowner's Association ("Association") of all lot owners within each of the Conventional Residential Parcel and the Age-Restricted Residential Parcel and a mandatory membership of all lot owners in the Association for each of the Residential Parcels. The Associations shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within each of the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common .Facilities Maintenance. The Association for each of the Residential Parcels will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within such Residential Parcel and for.the yards and buildings on the private lots on which townhomes are constructed. The maintenance • described herein shall include, without limitation, the mowingand fertilizingof grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of townhornesduplex units on the townhomeduplex lots and shall utilize each Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are depicted on Exhibit LM attached hereto. B. Dormant Special Service Areas. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a separate Dormant Special Service Area (DSSA) for each of the • CHO1/121391'9 112439329.2 32 Conventional Residential Parcel and the Age-Restricted Residential Parcel to act as a back up in the event that any Homeowner's Association within a Residential Parcel fails to maintain the • private common areas, detention ponds,perimeter landscaping features, and entrance signage. 28. ON-SITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development.of the SUBJECT PROPERTY is •. • subsequently determined to be in error or located in a manner inconsistent with the intended . development of the SUBJECT PROPERTY as reflected on the Preliminary Plan and in this • Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels 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 OWNERS and/or DEVELOPER as stated in Exhibit MN, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNERS and/or DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the • CH01/t 2439 i 12439329.2 33 4 111 OWNERS and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The costs of burying any existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER, as the case may be. The costs of burying any other existing overhead utility lines shall be paid by the CITY. 29. CURB CUTS FOR COMMERCIAL PARCEL. The CITY agrees to cooperate with OWNERS"in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of ( ) curb cuts and street access on Galena Road and ( ) curb cuts on Route 47 to the Commercial Parcel. The location of the curb cuts will be determined by OWNERS and/or DEVELOPER, • subject to the approval of the CITY and any other governmental agencies with jurisdiction. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 32. ECONOMIC INCENTIVE AGREEMENT. At the request of OWNER and/or DEVELOPER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS • 5/8/11/20 and shall enter at all ordinances and execute all other agreements in connection CHn1 112439329.2 34 therewith which may be necessary to reimburse OWNER/DEVELOPER or its assigns for the design and installation of those public improvements (the "Commercial Project Improvements") within or abutting the Commercial Parcel which (i) are directly attributable to the Commercial Parcel and (ii) do not qualify to be funded by the special service area established for the Conventional Residential Parcel under the provisions of paragraph 22 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: (i) The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER/DEVELOPER or its assigns shall be reimbursed shall • include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in' constructing and installing the Commercial • Project Improvements which shall not exceed $ (ii) The amount for which OWNER/DEVELOPER and their assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 5% per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers)to the date of reimbursement. (iii) The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to CH01/12139329112439329.2 35 • OWNER/DEVELOPER or its assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER/DEVELOPER or its assigns must start construction (i.e. obtaining development permits and grading the Commercial Site) within two years after the date of this Annexation Agreement. If event construction does not start within said two year period, the termination date shall be accelerated by one day for each day the commencement date is delayed after such two year period. (iv) During the reimbursement period the CITY shall pay to OWNER/DEVELOPER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto • that are generated by the operation of any retail stores operating on the Commercial Parcel and are distributed to the CITY by the Illinois Depaituient of Revenue. Such payments shall be made until the first to occur of the following: (a) OWNER/DEVELOPER has been fully reimbursed for the Reimbursement Amount (including interest); (b) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER/DEVELOPER or their assigns. 33. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, • the Army Corps of Engineers, the Federal Emergency Management Agency, the United States CH01/12139329.112439329.2 36 Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School • District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. DEVELOPER may proceed with grading and installation of public improvements after • CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("IDOT"), so long as such access permits - have been applied for, and the CITY shall not delay the processing or approval -of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s)have not yet been issued. • 34. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcel is approved, CITY will provide DEVELOPER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 35. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the SUBJECT PROPERTY and the CITY as to such portion or Phase without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of • CHOI/12'13932_9.112439329.2 37 • the owners of other portions of the SUBJECT PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 36. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similarr language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a • farm. 37. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcel or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNERS' rights, title and interest in the Commercial Parcel or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNERS hereunder as to such portion shall be performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcel or the Commercial Parcel is transferred to DEVELOPER or the • COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be CH01/1213413^_0.112439329 2 38 required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may • be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 38. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue an agricultural use upon all or any part of the SUBJECT PROPERTY until each such part is developed pursuant to this Agreement. 39. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcel. 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 • '39329.112439329.2 39 • a empty lot or a lot improved with a dwelling unit in the Residential Parcel who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be • deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or. registered mail, return receipt requested, postage prepaid, addressed as follows: If to OWNER: MPLIV 10, LLC Attn: Tele: Fax: with copies to: MPLIV 20, LLC Attn: Tele: Fax: • CH01!1-2 39339.'12439329.2 40 MLH Yorkville, LLC • Attn: Tele: Fax: and copy to: Attn: Tele: Fax: If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian Brunhofer Tele: (847) 841-3500 Fax: •(847)783-0892 with a copy to: Gardner Carton &Douglas LLP • 191 North Wacker Drive Suite 3700 Chicago, IL 60606-1698 Attn: Charles L. Byrum Tele: (312) 569-1222 Fax: (312) 569-3222 If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Clerk Tele: (630) 553-4350 Fax: (630) 553-7575 • CHOI/12139320 112439329 2 41 • with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: John Wyeth, Esq. Attorney for United City of Yorkville Tele: (630) 553-4350 Fax: (630) 553-8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the • invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. • CH01/12 13932".112439329.2 42 G. Conveyances. Nothing contained in this Agreement shall be construed to restrict • or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. NecessaryOrdinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty(20) yearsfrom the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time • limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. 1111 0H01/12 13')32:U.i 12439329.2 43 • M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of any Phase of the subdivision. . Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all • documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal.Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY CHOI/12 13`;329.112439329.2 44 Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications • necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, 110 the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion of the Residential Parcel by OWNERS to DEVELOPER. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. • CH01/12139m-1-12439329 45 . OWNERS: MPLIV 10, LLC By: Name: Its: MPLIV 20, LLC By: Name: Its: • MLM YORKVILLE, LLC By: Name: Its: S CHOIJ 12::y i 2439329.2 46 DEVELOPER: PULTE HOME CORPORATION • By: Name: Its: and By: Name: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: _ Name: Its: Attest: Name: Its: • CHO1/1_'139339.112439329.2 47 • LIST OF EXHIBITS EXHIBIT A Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-20_1(21 Depiction and Legal Description of R-2 Conventional Residential Parcel EXHIBIT C Depiction and Legal Description of B-3 Commercial Parcel EXHIBIT D-1 Preliminary Plan For Subject Property and EXHIBIT D-2 Preliminary PUD Plan for Age-Restricted Residential Parcel EXHIBIT E= List of Variations for Age-Restricted Parcel EXHIBIT EF-1 Utilities and Public Improvements EXHIBIT EF-2 Off-Site Street Improvements EXHIBIT FG List of Current City Building Codes EXHIBIT GH Fee Schedule EXHIBIT HI School Contribution EXHIBIT 1J Park Contribution EXHIBIT JK Signage EXHIBIT KL Form Recapture Agreement EXHIBIT LM Common Facilities EXHIBIT MN Perimeter Roads for which Developer has responsibility EXHIBIT NO Pulte Anti-Monotony Policy • C.10il12;3;;:9.112439329.2 48 EXHIBIT A • LEGAL DESCRIPTIONS AND PLATPLATS OF ANNEXATION OF SUBJECT PROPERTY • • CH01/12139329.112439329.2 0 EXHIBIT -B-1,1 DEPICTION AND LEGAL DESCRIPTION OF R-3 AGE-RESTRICTED RESIDENTIAL PARCEL • • CH01/12139329.112439329.2 EXHIBIT B-2 , DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL • • CHO1/12439329.112439329.2 • EXHIBIT B-2(1) DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL FOR NEIGHBORHOODS 11 and 12 • • CHO1/12439329.112439329.2 EXHIBIT B-2(2) • DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL FOR NEIGHBORHOODS 13 and 14 • • CH01/12139329.112439329.2 EXHIBIT C DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL S • CHOI/12439329.2 EXHIBIT D-1 • PRELIMINARY PLAN FOR SUBJECT PROPERTY ND 0 • CHO 1/12139329.112439329.2 • • 110 ' ,l«.tw„ � '!°i..:tfj, a .:�4, 1 { I I ..!I OADWAY .ONNECTIONB �r� :t 1•Nr w''4.,'\ +JI r I tl � I . a ",° '..'tp , n, PRIM;...'ENTi. .E FO AH a eD r PRQVIDEb tiT0'AIJO NTMI,1IMf@ .:_.......1.„::.,,,.,:-:, i n+s,,4• l `I N"n ,k rr.,..*r. ./ ill* - aI • /y;� ,�... .41.4.:, -. 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TOTRI Sss.I nc J:55 wars 13 ewAL ::Daae iwo x „^ N ,t::•'',-. . „ •"- •\ `kyr ra OPEN,BPACE AT ,2,07:, , "r,,, •IN CLU DES PORESB AIdl 55 ,5515E 1OBESE RE .,r, ;A.,. r�.,Y I " „� .i .1 BECOMAAR\EN Y,,_1nl I COMMUNITY EMRAV I+r�'• r ..ACAEACE IuttuoEsovcREs or Rlcm oF'Hnr. alt 7 /bVeW, 0 ° 5� a� law YORKVILLE PROJECT Date:August SEC Planning Comullants NORTH Dates August 19,2005 „ f,p.,•,.. .:,,,. mA,I..,:.... N..�N..' PULTE HOMES a Bas mapping compiled(tom best available Information.All map data YORKVILLE,ILLINOIS should be considered as preNminary.m need of 55 nsWhon,end subject to change. This land plan Is conceptual In nature and does not represent any re9uietory approval. Plan Is subject 10 change. EXHIBIT D-2 PRELIMINARY PUD PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL • • CHOI/12,139329 112439329 2 0 0 0 , „,. ,,'•:,''.,',,?..77 -:','•''''.,, ,-,: •,. :,!,,.:7,, 7,„,,,,,, TACHED'MOD *ill ''--) 1,---.. .'1 -(...i.''<;.3'' ''..' 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Planubject to change appro,7::er,:nceis:::::eiv September 12n.2:::no 1 EXHIBIT E • LIST OF VARIATIONS FOR AGE-RESTRICTED RESIDENTIAL PARCEL • • CHO1/12139329.112439329.2 • • • Del Webb Yorkville Yorkville, IL Requested variance List City Ordinance Proposed Neighborhoods 2,4,5 &9 Proposed Neighborhoods 1,3,8 & 10 R-3-Single Family Detached R-3 PUD R-3 PUD Pemier Lots Classic Lots Lot Width 70 65 50 Lot Depth n/a 110 110 Lot Size 9000 sf 7150 5500 Front Setback 30 20 20 Side Setback 10 5 5 Side-Corner Setback 20 20 20 Rear Setback 30 20 20 Right of Way Width 66' 60 60 Sidewalk Width 5' 4 4 Centerline Radius 100' 45(Eyebrow Intersections Only) 45(Eyebrow Intersections Only) City Ordinance Proposed Neighborhoods 6&7 R-3-Single Family Attached R-3 PUD Duplex Lot Width 90 39 or 78(combined) Lot Depth n/a 111 Lot Size 9000 sf 4329sf or 8,658sf combined Front Setback 30 20 Side Setback 10 5 Side-Corner Setback 20 10 Rear Setback 30 20 Right of Way Width 66' 46 Curb &Gutter type B6.12 M3.12 Sidewalk Width 5' 4 Centerline Radius 100' 45(Eyebrow Intersections Only EXHIBIT£F-1 • UTILITIES AND PUBLIC IMPROVEMENTS • • CH01/12139329.112439329.2 • EXHIBIT EF-2 OFF-SITE STREET IMPROVEMENTS • • CH01/12439329.112439329.2 EXHIBIT EG • LIST OF CURRENT CITY BUILDING CODES 2000 International Building Code (Ord. 2003-01) with three amendments: (i) Stair height and risers (Ord. 2003-08) (ii) Energy Code (Ord. 2003-05) (iii) Sprinklers on two or more attached residential units (Ord. 2003-008) • • CHO 1/12139329 112439329.2 • EXHIBIT GH FEE SCHEDULE • • CH01/12139329.112439329.2 EXHIBIT HI0 SCHOOL CONTRIBUTION • • CHO1/12139329.112439329.2 • EXHIBIT LI PARK CONTRIBUTION • • CHO1/12139329.112439329.2 EXHIBIT JK SIGNAGE On-Site Signs shall include the following: 6 Community ID Signs 20 x 10 ft. illuminated Double-faced 6 Directional Signs 6 x 4 ft. Double-faces or A-Frame type (5 x 3) And 2 sets of the following (one each for single-family and multi-family): 1 Information Center Sign 3 x 4 ft. Double-faced 9"x 16"DF Hours Panel 1 Guest Parking Sign • 3 x 4 ft. Double-faced 10 USP Signs 2 x 2 ft. Double-faced *Always include Pulte Mortgage and Pulte Warranty Info 1 Model ID Sign per Model 7"x 24" Double-faced 3 Flag Poles Illinois Flag US Flag Pulte Flag 8 Open Flags 1 Awning Off-site signs within United City of Yorkville are subject to City approval. Monument signs are subject to City approval. The attached renderings are illustrative of size and information. Specific design details may change and are subject to approval. • CH01/12139329.112439329.2 • i • PA\ k ,4- , * 4) X it • tt (-,- 0. PAS ' ,! New Hone Community 1 New Home Community .. ,, . New Home Community New Nome Cammumt� ; Del/mishit-A' i mo r!, ,,,..;,,r,9 information Thank You Guest Thank You ",l'701 T" Center For Visiting Parking For Visiting Ohm .d iht '1?Ilt re c+*14 p;Pe rmr ... _... w»r:.puRe rnr, __...._. nn�.Pultrlron ._._ .. _. ertvepat trn ti NM MCIM .... . ....... front — back front -- back __a 7" x 24" Model 3x4ft double faced 3x4ft double faced iD Sin 2x2ft double faced Sign USP signs Information Center Sign information Center Sign ks:, Nc�w Hamr Cou�ni nitX New Home Commune y C J.1170 r Turnii11 p 5n>?�gic Family New Home Community New Home Community Here -iori cs , nrlIC Farnily Single Family '1u nnIat nw ImiliNEOPP T �4. ��i1!�L�°� from the from the .,'.,°'•'""' fYUT11 the $000s $OOOS $OOOs Directional o � neenPul'c.es—n Directional Copy - 1 y 866-MY-PULTE 866-MY-PULTE 6x4ft double-faced — _ www ImIte mill lvww.pm(te.l nm A-Frame 6x4ft double-faced Directional Sign 20x10ft double-faced Community .ID sign EXHIBIT BL • FORM RECAPTURE AGREEMENT • • CH01/12139329.112439329.2 • EXHIBIT L RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the day of , 2005, by and between the UNITED CITY OF YORIKVILLE, an Illinois municipal corporation ("City") and PULTE HOME CORPORATION, a Michigan corporation ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Autumn Creek Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated , 2005 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture and allocable share of the costs of constructing • certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ("Benefited Properties"), from the owners of the Benefited Properties ("Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel". There • are a total of ( ) Benefited Parcels as identified in the Recapture Schedule. CH01/12422709.] 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities • of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of percent ( %) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse • Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. • 2 CHOI/12422709.] • 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. (a) Agreement: This Agreement may be amended upon the mutual consent of the . parties hereto from time to time by written instrument'and conformity with all • applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. (b) Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. (c) Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action,-mandamus, or other proceeding in force and compel performance of this Agreement. (d) Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. (e) Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed te]efacsimile transmission provided a hard copy of such notice is deposited in the • U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, 3 CH01/12422709.1 registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn: City Clerk Tele: (630) 553-4350 Fax: (630) 553-8330 With a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn: John Wyeth, Esq. Attorney for United City of Yorkville Tele: (630) 553-4350 Fax: (630) 553-8330 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian M. Brunhofer 1111 Tele: (847) 841-3500 Fax: (847) 783-0875 with copy to: Gardner Carton & Douglas LLP 191 North Wacker Drive Suite 370 Chicago, IL 60606-1698 Attn: Charles L. Byrum Tele: (312) 569-1222 - Fax: (312) 569-3222 (f) Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. (g) Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. • 4 CH01/12422709.1 • (h) Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof (i) Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof (j) Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. {SIGNATURE PAGE TO FOLLOW) • • CHOI/12422709.1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as • of the date first above written. DEVELOPER: PULTE HOME CORPORATION, a Michigan corporation By: Its: And By: Its: CITY: • • UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ` ATTEST: By: Its: 6 CHOI/12422709.1 SEXHIBIT LM COMMON FACILITIES • S CH01/12139329.1 12439329.2 EXHIBIT MN . PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY • S CHO1/12139329.112439329.2 • EXHIBIT NO PULTE ANTI-MONOTONY POLICY • • CHO1/12939329.112439329.2 m • MONOTONY CODE RESTRICTIONS I. Single Family Detached Communities a. The following criteria apply to homes on straight or curved streets,cul-de-sacs and corner lots. 1. No house shall have the same configuration that is within two(2) houses on either side or on any 5 houses directly across the street from the subject house (51%or more in lot width will be considered to be across the street). Additionally,the house directly behind a corner house is included in these criteria. 2. No house shall have the same color package that is within two (2)houses on either side or on any 5 houses directly across the street from the subject house (51% or more in lot width will be considered to be across the street). Additionally,the house directly behind a corner house is included in these criteria. 3. No ranch style (single story)house shall be within two (2)houses on either side or on any house directly across the street from the five(5)subject houses (51%or more in lot width will be . 110 considered to be across the street). Additionally, the house directly behind a corner house is included in these criteria. NOTE:NO HOUSE SHALL HAVE THE SAME SIDING OR BRICK COLOR ADJECENT TO ONE ANOTHER II. Single Family Attached or Multi Family Communities a. Prior to sales, the Division President will predetermine the criteria. III.Definitions a. Configuration —a combination of product type, elevation,exterior fenestration (Siding, Brick I, Brick II), and color package. b. Color Package—a combination of siding,brick, trim/gutter, accent, and roof colors incorporated into the exterior color fenestration of a single house. PLEASE SEE THE FOLLOWING PAGES FOR EXAMPLES OF EACH CASE. VILLAGE MONOTONY CODE CRITERIA WILL ALWAYS SUPERSEDE THESE INTERNAL CODES ' pit, f,..Q ---.F.:-> %.... 7:-?-",7- r--) al = Subject House ;,--"AalVrag'f'.2- jA = Restricted Configuration — = Restricted Siding&Brick zzdk. ../•://or•r w.:-,,,,:,0,- ow= v fas.c*,1 ..e4 4 `,f III III I I II 0 1 . ..44,...........tis-z. A - r -A -...... . 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(,GTIVEIADTTUALcHET D I•k aillr't.;, .".;:,„•... ;=,..,-, ' . ..1'\:1; - • ..,1-4.,,":mi 20 A 8 " ' ' • ' '' I'••' ' ' a tifir'"1,802,r•,.Yr,, . • : ,, .. ..,,,‘,..u*,46,,NilgAgaprio •r)$, ,:..., , - •.. ' • . • . I I 'REM" 560 ri • : 8 .# ''.'L. ' • IF1/21'P'r: -r' A V.:WEI:4111,0%Tel '.,-7Cetkle.,,,,, , ' - L '''... i .:; ' , - ''" ' ' 'rk)''1,IL!'',•;".'e.,,:.0-1^-ltiZ,•-' '--- 7 , F A ' :f y•.- I 4//i11,11 ,• 1 i,(4 . „ ...,.., .„.,,, ,,: ../.41,,,,i,,,,;41.,,s,,,,,,,, ..0,,,..;„,..,,,,,,,, .,.., i_ 1 05310 ISAAC ,A:577::::Efi :3,907:U:Nuuuul:NN:7TsTsis 43,6DoE:4NSoumiDua.,11;:Acce0 DENSITY ''' ''. I;i4A' ,• A ;, ' r,%;P;';;,':t ;11' Eon AMENITY GEN1ER 5 0 AC 14 1 Ls: • I J 1:/-4'-; ',.,,i,:ii.: , . ',,:...:, ... ,- ,., ....‘DRAMATIC MiEWS-.ti ---, ..01., k,. ,,,m,,,, ,..",",,i' ..i,t,tity4,, .4:1,,,,,,I, i. t 1 ,,,ENspracF 35.8 AC. 10 7•`• , . . k, • • ... ,7. '''',.'.,,r ,• ,.., ,.„• „.-, -÷/ -.017,0,p ,..),F.9 .,.44.4A,•.-v. 1:i.:, ";:l';';'4,•--'•',••,',"''''•,•- ' 7"-h....„1„..„-ei--, ' 770-,• ,.•;:•:- .;;;;''',1-4,.-.( aim DETEN110,1 27.2 AC fti.'"i1;*•;''• '. ,. ',',„'*.:s....0:;...';,.....! ;!..."...'6,1 :4-4-7....41i7;:'.,°,,f,•••!LE-',.;;;;,'fild:;,4, ...a':,,pPEN SPACE Ar 1,,,,v„.;••,,,.L.,:?7;,...•,,,,,- p ' ' pw;,,11:15-1,35-i.,-;:e.:!7,,, r.:-.7:.:-• ;.. ,....\, .,.,._,,i,,,t!.,,,I.F.?‹.-"t?.., ,:,,,,,..1,61,-!--,,\Az ,p,,c,9,!,,p1,4,T,,.ETT.;„, ,--d' ,!;,/;;;, to.,,- ,,,, ,-.2,,,,p„.4.,,1„,F,,,,,,,,,,4:•,,.,,,,,,...,,,„0,,,..„ ,-,,, ..,:.„.•,np,.#r: Cr—r'INCLUD1ES7AUSGRT°EAGETAI-ANDUNITS153 , ,viroc r,,,:., 4,,%,.,,,,;,,,,,,f,,k, , ,t,...,i,,;;,.,„„,.-,.,,,„,,,.. .tc.,,,-..•,,:,;,,., ,,,... .:-.,,...,r,'...It,,4 411) ,---,,14,'-p,,,:j,::::‘, . , ,,',', ,.i.,.,. ,);,:;r- M:.',V.,•'-''' ':,, •'-(////' 1 -:-• 1 / )0...k. , . N ;,l E'/ t'ii,i;e:,,.•:' '''''''.'1:,''';:*'''''''' ,..;:..C '' I'..'. 4 ''''' .. FoR3 ACTH.E moDE811 Lim; 1 8 DWG, 3 2 ACA 1000.8. . , -. .. . .1,.2., •#frf 4. - .,..,-,,, , ' ' P1):111Te. Da kt7/94 YORKVILLE PROJECT pi 00 SLC Planning Consultants ........•.,. .,.....••,,. YORKVILLE.ILLINOIS In nature and does not N'RTH Dcaatle!:S:eo,pi tofev6rt,10,2,,,:0, 0: PULTE HOMES E,Is uha 0:joern,pct%,on F91 doeeTepTdi ih:::trior:md,.pbt,Ecet,Lan:ep:::rmation.All map data represent any regulatory approval. Plan Is subject to change t,\l : ( { 1 1 \�� circ United City of Yorkville Memo ip 800 Game Farm Road EST 1B36 Yorkville, Illinois 60560 Telephone: 630-553-8545 `� Fax: 630-553-3436 Date: August 12, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Administrative Assistant Subject: 129 Commercial Drive— Sidewalk Agreement Attached find one copy of a proposed agreement regarding public sidewalk along the Route 47 frontage of this property, which is located on Commercial Drive in the Yorkville Business Center. This property has frontage on both Commercial Drive and Route 47. No sidewalk is required along Commercial Drive, but due to the growth along Route 47, we have asked the developer of this lot to enter into this agreement. The agreement is similar to other agreements that we have entered into recently to delay construction of the sidewalk until walk is constructed along the adjacent property, when the property is sold, or when the city requests that the walk be constructed. I recommend that this agreement be approved. Please place this item on the August 22, 2005 Public Works Committee agenda for consideration. Jul 28 05 12: 41p John Tetruoge 1 (5301 552- 4392 p. 3 STATE OF ILLINOIS ) COUNT OF KENDALL ) SIDEWALKS INSTALLATION COVENANT cote C .Ad-Qf WHEREAS, the undersigned, . (hereinafter referred to as "Owner/Developer"), is the owner of the real propery upon which is now situated an improved structure (hereinafter referred to as "Property")descri.bed in the Exhibit"A", attached hereto and on incorporated herein by reference; and / 9 Co 4c m efc/1"-Q.1 i)-'. WHEREAS, said Property located at _ in the United City of Yorkville. Kendall County, Illinois is zonedp4e ; and -3 -77/1 WHEREAS, the United City of Yorkville has heretofore issued a building permit for the construction of the improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47; and WHEREAS, at the present time, public sidewalk does not exist on Illinois Route 47 in the general vicinity of the subject property and the undersigned, as the owner,has requested the United City of Yorkville that it be permitted to defer the installation of the sidewalks; and WHEREAS, the Untied City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. Vef L�r de. - ,_ 1 _ NOW,THEREFORE, the undersigned do herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building permit for the commercial building located on the real property described in Exhibit"A", that the undersigned, or their heirs, successors or assi ails, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect,regulating the installation of sidewalks, upon the happening of the first of the following events: (a)when sidewalks are extended along Illinois Route 47 by others to the edge of the subject property or(b)prior to the Property being sold or(c) within six (6) months written request by the United City of Yorkville for the installation of sidewalks_ This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. N WITNESS WH REOF, the undersigned have executed this Covenant this day of 2005. Jul 28 +05 12: 42p John Tebrugge 1 (63O] 552-4332 p. 4 Exhibit"A" Place legal description of property here L0 Yoikv; / ie 13u it3 ct. .�\036 vis; 0-c p044--4- - u - Z e6 _ a 41/\„2. s \ 1 , .V0 vv‘ - \ 6000 \c \ Jul 23 05 12: 42p John TebrugAe 1 [63O 552-4382 p. 5 OWNER/DEVELOPER: ��,�� l (e .' .e Owner APPROVED and ACCEPTED UNITED CITY OF YORKVIL.LE By:_ City Administrator -- i sS) k�r a United City of Yorkville Memo 800 Game Fann Road EST. T9" 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 O ®� •°� Fax 630-553-3436 Date: August 12, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer \\ CC: John Wyeth, City Y Attorne Y Liz D'Anna, Administrative Assistant Subject: Cannonball Run Plaza— Sidewalk Agreement Attached find one copy of a proposed agreement regarding public sidewalk along the Route 34 frontage of this property, which is located north just west of Blackberry Creek. The agreement is similar to other agreements that we have entered into recently to delay construction of the sidewalk until walk is constructed along the adjacent property, when the property is sold, or when the city requests that the walk be constructed. I recommend that this agreement be approved. Please place this item on the August 22, 2005 Public Works Committee agenda for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) SIDEWALK INSTALLATION COVENANT • WHEREAS, the undersigned, JAMES RATOS, as Beneficiary of the under Trust Agreement dated January 22, 2001 and known as Castle Bank Trust Number 2029 (hereinafter referred to as "Owner/Developer"), is the owner of the real property upon which is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, said Property, located at 604 W. Veterans Parkway, Yorkville, in the United City of Yorkville, Kendall County, Illinois, and is currently zoned B-2 General Business District; and WHEREAS, the United City of Yorkville has heretofore issued a building permit and site development approval for the construction of a commercial building and restaurant on said Property and, incidental thereto, requiring the installation of sidewalks along the northern frontage of the Property adjacent to U.S. Route 34; and WHEREAS the United City of Yorkville expressed a desire for the installation of a sidewalk around the detention pond directly east of said Property, and the undersigned, as the owner, have requested of the United City of Yorkville that they be peimitted to delay or defer the installation of the sidewalks adjacent to U.S. Route 34 until such time as the City or other entity installs along said detention pond; and WHEREAS, the United City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of the sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned JAMES RATOS, as Beneficiary of the under Trust Agreement dated January 22, 2001 and known as Castle Bank Trust Number 2029, does herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building Pelinit and Site Development Approval for the commercial building and restaurant located on the real property described in Exhibit "A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the northern frontage of the Property, in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks at such times as sidewalks are installed up to his property line on the eastern boarder of said Property and around the detention pond adjacent to the property. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns for a period of five (5) years from the date of execution. IN WITNESS WHEREOF, the undersigned have executed this Covenant this day of , 2005 OWNER/DEVELOPER: J• ti,S RATOS, as Beneficiary of the under Trus Agreement dated January 22, 2001 and known as Castle Bank Trust Number 2029 APPROVED and ACCEPTED: UNITED CITY OF YORKVILLE By: Anton Graff, City Administrator "r ', i . q 7 \��p C/T� United City of Yorkville Memo 800 Game Farm Road E57 �. ..\ _,. >, , _. 7836 Yorkville, Illinois 60560 i Telephone: 630-553-8545 °` aigF Fax: 630-553-3436 Date: August 12, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer ' CC: John Wyeth, City Attorney N_) ' Liz D'Anna, Administrative Assistant Subject: XPAC Property— Sidewalk Agreement Attached find one copy of a proposed agreement regarding public sidewalk along the Route 47 frontage of this property, which is located north of Cannonball Trail. The agreement is similar to other agreements that we have entered into recently to delay construction of the sidewalk until walk is constructed along the adjacent property, when the property is sold, or when the city requests that the walk be constructed. I recommend that this agreement be approved. Please place this item on the August 22, 2005 Public Works Committee agenda for consideration. STATE OF ILLINOIS ) COUNT OF KENDALL ) SIDEWALKS INSTALLATION COVENANT WHEREAS, the undersigned, XPAC Properties, LLC, (hereinafter referred to as "Owner/Developer"), is the owner of the real property upon which is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit "A", attached hereto and on incorporated herein by reference; and WHEREAS, said Property located at 2705 N. Bridge Street in the United City of Yorkville, Kendall County, Illinois is zoned ; and WHEREAS, the United City of Yorkville has heretofore issued a building permit for the construction of certain improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47; and WHEREAS, at the present time, public sidewalk does not exist on Illinois Route 47 in the general vicinity of the subject property and the undersigned, as the owner, has requested the United City of Yorkville that it be permitted to defer the installation of the sidewalks; and WHEREAS, the United City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned XPAC Properties, LLC does herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building permit for the commercial building located on the real property described in Exhibit "A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) when sidewalks are extended along Illinois Route 47 by others to the edge of the subject property or (b) prior to the Property being sold or (c) within six (6) months written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. Sidewalk Installation Covenant(7-26) IN WITNESS WHEREOF, the undersigned have executed this Covenant this Z`1 day of July, 2005. XPAC PROPERTIES, LLC: By. • , Donald L. Ruggles Its: President APPROVED and ACCEPTED UNITED CITY OF YORKVILLE By: City Administrator 2 Sidewalk Installation Covenant(7-26) Exhibit"A" Place legal description of property here Lot 1 of X-PAC Subdivision of the United City of Yorkville, Kendall County, Illinois 3 Sidewalk Installation Covenant(7-26) i k] 'Ili i ��4 CST o United City of Yorkville Memo J ,-- L : �' 800 Game Fa�� Road EST. �_ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 t,A ®lp Fax: 630-553-3436 Date: August 11, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer \__,,,,,_ ___\0_S\---- CC: Liz D'Anna, Administrative Assistant Subject: State Street Finished Wateiniain— TDOT Highway Permit & Resolution Attached find one copy of the IDOT highway permit application for the referenced project. The project includes watermain construction across the LDOT Route 47 right-of- way between Elizabeth Street and Colonial Parkway. The crossing allows us to abandon several watermains in the IDOT right-of-way that date from the 1930's to the 1970's. Abandoning these watermains also helps prepare us for IDOT's Route 47 widening project. Related to the permit is the standard resolution foiui that IDOT routinely asks us to pass. The resolution guarantees that the work will be completed satisfactorily. I recommend that the City Council authorize the Mayor and City Clerk to sign the permit application, and also pass the accompanying resolution. Please place this item on the Public Works Committee agenda of August 22, 2005 for consideration. RESOLUTION WHEREAS, the City of Yorkville located in the county of Kendall, state of Illinois, wishes to watermain improvements which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said Department is required before said work can be legally undertaken by said City of Yorkville; now THEREFORE, be it resolved by the City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed watermain improvements by the contractor and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the contractor to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work', is not, (delete one) to be performed by the employees of the City of Yorkville. FOURTH: That the proper officers of the City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the City of Yorkville. , hereby certify the above to be a (City or Village Clerk) true copy of the resolution passed by the City Council, county of Kendall, State of Illinois. Dated this day of A.D. 20 (Signature) (CORPORATE SEAL) RESOLUTION Illinois Department • of Transportation Highway Permit District Serial No. PMT453ac/L-9841 . City of Yorkville (We) do Engineering Enterprises 52 Wheeler Road (Name of Applicant) (Mailing Address) Sugar Grove IL 60554 Hereinafter termed the Applicant, (City) (state) request permission and authority to do certain work herein described on the right-of-way of the State Highway known IL Route 47 Section - From Station * to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located west of Route 126. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, watermain improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. This work shall be done according to the cross section shown on the attached sketch, and at no place between the edge of the pavement and the ditch line shall the drive be higher than the edge of pavement. The State right-of-way shall be left in good condition. (No advertising matter shall be placed on the State right- of-way). (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of 20 05 Witness Signed Applicant 800 Game Farm Road 800 Game Farm Road. Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville Illinois 60560 City State City State SIGN AND RETURN TO: District Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation CC:Applicant (2) Field Engineer Final Inspection BY: Deputy Director of Highways,Region Engineer First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the District Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New.Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State rig ht-of- way, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. D SPECIAL PROVISIONS All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the District Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The Department reserves the right to reject or accept any contractor hired by the applicant. No person, firm, corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. The excavation under the pavement shall be replaced with controlled low strength material, and the pavement replaced in accordance with pavement replacement details. All excess material shall be removed from the highway right-of-way. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the State right-of-way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. The diameter of any bored hole shall not be more than one (1) inch larger than the outside diameter of the pipe. Boring of pipe over six (6) inches in diameter shall be accomplished with an auger and following pipe. Borings six (6) inches and under may be accomplished by either jacking or auger and following pipe method. Excavation adjacent to the edge of pavement shall be shored to prevent caving if the distance is less than ten (10) feet plus the depth of excavation from the edge of pavement. No open ditch or trench severing the roots of trees or shrubs shall be dug any closer than three (3) feet, or two- thirds (2/3) the distance from the central stem to the dropline of the tree, whichever distance is the greater. All installations within this root zone area shall be made by augering at a depth of not less than thirty (30) inches, It is the applicant's responsibility for insuring that all requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and Public Water Supplies have been satisfied. PMT453ac/L-9841 I'); 1 •I , -- 4-5 co.o United City of Yorkville Memo 800 Game Farm Road Esrsss Yorkville, Illinois 60560 �_____,.... 7.1 Telephone: 630-553-8545 O - ,Ic `\ c 1, C ;,- p Fax: 630-553-3436 ,� KMI Casty- `,�. 114C E ‘‘'\/ Date: August 17, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Administrative Assistant Subject: Cannonball Estates Phase 1 —Letter of Credit Reduction #5 Attached find a request from Alan Norton dated February 10, 2005 to reduce the letter of credit for the referenced development. Alan is asking for the letter of credit to be reduced to 10% of the value of the work perfolined. Ordinance only allows a reduction to that level after all punchlist items have been perfoinued. Since there are still outstanding punchlist items, I reviewed the request to see if any reductions could be made at this time. All Phase 1 work is substantially complete, therefore ordinance provides that the City Council may reduce the letter of credit to 15% of the value of the work completed. Attached find a spreadsheet that indicates that a reduction in the amount of$24,178.45 is possible. This same reduction request was reviewed earlier this year and the City Council declined to reduce the letter of credit. Since that time Alan Norton has made significant progress toward completing the punchlist. Recently he verbally requested that the City Council reconsider his request for a reduction in the letter of credit. While some punchlist items still remain, I recommend that a reduction in the amount of$24,178.45 be approved. The remaining amount in the letter of credit would be $176,741.87. Please place this item on the Public Works Committee agenda of August 22, 2005 for consideration. Alan Dale Hrms & Jevelop7 } ]tJ1 j J , Cor pa 9015 Philippine Rood, South Wayne WI 53587 Y Phone (608)439-1732 < Fax (608)439-1733 February 10, 2005 Joe Wywrot, City Engineer United City of Yorkville 800 Came Farm Road Yorkville IL 60560 Re: Cannonball Estates L.O.C. & Recapture Dear Joe; In compliance with your ordinance, I am requesting that the Letter of Credit 4 1 1220 for Phase I, in-the amount of $200,920.32 be reduced to $117,827.00 which is 10% of the original estimate of $1 ,178,279.00. I am also requesting that the Letter of Credit 4 11221 for Phase II in the amount of $198,187.23 be reduced to $125,638.00 which is 10% of the original $871 ,625.90 plus 125% of the $28,857.00 miscellaneous. In compliance with your ordinance, I am also requesting that you release the recapture payment for off-site water main in the amount of $45,185.39, which includes interest through 2/1/05. Please find the attached letter from Annette Williams which included all conditions which have been addressed with Joe Wyeth. By ordinance, this payment is due at annexation or connection to the water main. I do expect the City to comply with its' own ordinance. • Sincerely, Alan Norton Alan Dale Farms & Development, Corp. cc: Art Prochaska, Mayor - Tony Graff, City Administrator file 18-Mar-05 Letter of Credit/Bond Reduction Subdivision: Cannonball Estates - Unit 1 Reduction No. 4 Approved Original amount Amount Remaining Substantially Complete Reduction No.5 Reduction amt. Item Encl. Est. for LOC/Bond after Red. #4 Prior to Red #5 Amount to Remain for Red. No.5 Earthwork $116,421.50 $128,063.65 $17,463.23 $116,421.50 $17,463.23 $0.00 San. Sewer $96,322.50 $105,954.75 $14,448.38 $96,322.50 $14,448.38 $0.00 Watermain $168,620.25 $185,482.28 $25,293.04 $168,620.25 $25,293.04 $0.00 Storm Sewer $233,973.75 $257,371.13 $35,096.06 $233,973,75 $35,096.06 $0.00 Pavement $344,040.15 $378,444.17 $51,606.02 $344,040.15 $51,606.02 $0.00 Miscellaneous $218,901.00 $240,791.10 $57,013.60 $218,901.00 $32,835.15 $24,178.45 Totals $1,178,279.15 $1,296,107.07 $200,920.33 $176,741.87 $24,178.45 Notes: 1) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. //46 Ciro United City of Yorkville Memo 800 Game Faim Road EST kw 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o Li Fax: 630-553-3436 Date: August 17, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer \ � CC: John Wyeth, City Attorney Liz D'Anna, Administrative Assistant Subject: Cannonball Estates Phase 2 —Letter of Credit Reduction#4 Attached find a request from Alan Norton dated February 10, 2005 to reduce the letter of credit for the referenced development. Alan is asking for the letter of credit to be reduced to 10% of the value of the work perfouned. Ordinance only allows a reduction to that level after all punchlist items have been performed. Since there are still outstanding punchlist items, I reviewed the request to see if any reductions could be made at this time. All Phase 2 work is substantially complete except for the public sidewalk along Faxon Road (now called Alice Avenue) west of Alan Dale Lane. Alan refers to $28,857.00 worth of work that is not complete, but that work (erosion control and Faxon Road beim landscaping) is substantially complete. Ordinance provides that the City Council may reduce the letter of credit to 15% of the value of the work completed. Attached find a spreadsheet that indicates that a reduction in the amount of$57,824.63 is possible. This same request was reviewed earlier this year and the City Council declined to reduce the letter of credit. Since that time Alan Norton has made significant progress toward completing the punchlist. Recently he verbally requested that the City Council reconsider his request for a reduction in the letter of credit. While some punchlist items still remain, I recommend that a reduction in the amount of$57,824.63 be approved. The remaining amount in the letter of credit would be $140,362.64. Please place this item on the Public Works Committee agenda of August 22, 2005 for consideration. Alan Dale Jrms & Deveio n ►dn, Corp. . 9015 Philippine Road, South Wayne WI 53587 Phone (S08)439-1732 x Fax (508)439-1733 February 10, 2005 Joe Wywrot, City Engineer United City of Yorkville 800 Game Farm Road Yorkville IL 60560 _ Re: Cannonball Estates L.O.C. & Recapture Dear Joe; In compliance with your ordinance, I am requesting that the Letter of Credit # 11220 for Phase I, in the amount of $200,920.32 be reduced to $117,827.00 which is 10% of the original estimate of $1 ,178,279.00. I am also requesting that the Letter of Credit # 11221 for Phase II in the amount of $198,187.23 be reduced to $125,638.00 which is 10% of the original $871 ,625.90 plus 125% of the $28,857.00 miscellaneous. In compliance with your ordinance, I am also requesting that you release the recapture payment for off-site water main in the amount of $45,185.39, which includes interest through 2/1/05. Please find the attached letter from Annette Williams which included all conditions which have been addressed with Joe Wyeth. By ordinance, this payment is due at annexation or connection to the water main. I do expect the City to comply with its' own ordinance. Sincerely, GUl v Alan Norton Alan Dale Farms & Development, Corp. cc: Art Prochaska, Mayor - Tony Graff, City Administrator file / CANNONBALL ESTATES - UNIT 2 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST QUANTITY UNIT PRICE COST WATER MAIN 8" DIA. DIWM-WRAPPED 3708 LF S 19.25 $ 71,379.00 12" DIA.DIWM-WRAPPED 875 LF $ 24.75 $ 21,656.25 8" GATE VALVE & VAULT 7 EA $ 1,400.00 $ 9,800.00 12" GATE VALVE &VAULT 1 EA $ 2,000.00 $ 2,000.00 16x6 PRESSURE TAP 0 EA $ 3,175.00 S - 16x8 PRESSURE TAP 0 EA $ 3,500.00 $ - 16x12 PRESSSURE TAP 0 EA $ 4,500.00 $ - FIRE HYDRANT,VALVE AND TRENCH ADAP. 14 EA S 1,550.00 $ 21,700.00 EXIT. F.H. RELOCATION 0 EA $ 750.00 $ - REMOVE EXIST. VALVE&BOX AND PLUG 0 EA $ 400.00 $ - REMOVE EXIST. F.H&VALVE AND PLUG 0 EA $ 400.00 $ - SHORT SERVICES 32 EA $ 250.00 $ 8,000.00 LONG SERVICES 32 EA $ 500.00 $ 16,000.00 PLUGS 0 EA S 50.00 $ - SUBTOTAL $ 150,535.25 SANITARY SEWER 8" DIA PVC SDR 26-3034 3299 LF $ 17.50 $ 57,732.50 8" DIP CL 52 0 LF $ 23.50 $ - 6" SHORT SERVICES 33 EA $ 200.00 $ 6,600.00 5" LONG SEVICES 31 EA $ 600.00 $ 18,600.00 4' DIA MANHOLES 16 EA $ 1,675.00 $ 26,800.00 5' DIA. MH OVER EXIST.15" INCL. BY-PASS 0 EA $ 3,850.00 $ - ADJUST EXIST. MANHOLES IN BERM 0 EA $ 650.00 $ - ADJUST EXIST. MANHOLES 0 EA $ 150.00 $ - SUBTOTAL . $ 109,732.50 STORM SEWER 5 FT.-4" PE (N-12) SUMP CONN. STUBS 64 EA. $ 75.00 $ 4,800.00 6" PVC 511 LF $ 10.00 $ 5,110,00 12"RCP '1454 LF $ 15.00 $ 21,810.00 15" RCP 722 LF $ 16.50 $ 11,913.00 18" RCP 1578 LF $ 18.50 $ 29,193.00 21"RCP 567 LF $ 21.00 $ ' 11,907.00 24" RCP 1124 LF $ 22.75 $ 25,571.00 30" RCP 488 LF $ 29,50 $ 14,396.00 36" RCP 31 LF $ 36.50 $ 1,131.50 TELEVISE SEWER 5964 LF $ 1.00 $ 5,964.00 2' DIA.INLETS AT C&G 13 EA $ 550.00 $ 7,150.00 2' DIA. CB TYP C AT C&G 0 EA $ 600.00 $ - 2' DIA. CB TYP C -TYP 8 12 EA $ 500.00 $ 6,000.00 5'DIA. MH-TYP A 13 EA $ 1,255.00 $ 16,315.00 5' DIA. INLET MH A-TYPE 8 10 EA $ 1,020.00 $ 10,200.00 5' DIA INLET MH A AT C&G 0 EA $ 1,140.00 $ - 5' DIA. INLET MH C AT C&G 9 EA $ 1,320.00 $ 11,880.00 6' DIA, MH-TYP A 1 EA $ 2,100.00 $ 2,100.00 6' DIA. OUTLET CONTROL MH 0 EA $ 2,900.00 S - SPECIAL STRUCTURE 1 EA $ 3,800.00 $ 3,800.00 TEMP. BULKHEAD 0 EA $ 60.00 $ - 8" PVC-FIELD TILE RE-ROUTING 155 LF $ 12.00 $ 1,860.00 SUBTOTAL $ 191,100.50 TOTAL THIS PAGE $ 451,368.25 / / EROSION/SEDIMENTATION CONTROL SILT FENCE 3000 LF S 1.25 S 3,750.00 - STRAW BALE TRAPS 13 EA $ 80.00 S 1,040.00 SEEDING-PARKWAYS,PARK & RETENTION 5.53 AC. $ 2,000.00 S 11,060.00 SUBTOTAL $ 15,850.00 EARTHWORK • MOBILIZATION AND CLEARING 1 LS $ 2,300.00 $ 2,300.00 TOPSOIL STRIP TO BERMS 1 150 CY S 1.50 $ 1,725.00 T/S STRIP TO STOKPILEIREAR YARDS/PARK 20874 CY $ 1.25 S 26,092.50 EXCAVATION -R.O.W. AND LOTS 3558 CY $ 2.00 S 7,116.00 RETENTION BASIN EXCAVATION 7515 CY S 2.50 $ 18,787.50 FINE GRADE UILITY EASEMENTS 1 EA----5- 3,450,00--$•- 3,450.00 TOPSOIL RESPREAD IN RETENTION BASIN 1397 CY $ 3.00 $ 4,191.00 BACKFILL C&G 5757 LF $ 0.50 S 2,878.50 CONCRETE OVERFLOW WALL 0 EA $ - S - SUBTOTAL $ 66,540.50 PAVING FINE GRADING-INTERIOR STREETS 11695 SY $ 0.35 S 4,093.25 PAVEMENT FABRIC 11695 SY $ 1.30 S 15,203.50 10" BASE COURSE 5524 TON $ 9.15 $ 50,544.60 PRIME BASE COURSE(.15 GAL/SY) 1506 GAL $ 1.35 $ 2,033.10 2-1/2" BINDER COURSE 1444 TON $ 30.55 $ 44,114.20 CLEAN AND TACK COAT (0.1 GAL/SY) 10043 SY $ 0.25 $ 2,510.75 1-1/2" SURFACE COURSE 866 TON $ 36.25 $ 31,392.50 4" STONE UNDER C&G 112 CY $ 16.00 S 1,792.00 CURB AND GUTTER 5757 LF $ 7.50 $ 43,177.50 SUBTOTAL $ 194,861.40 r 2 SIDEWALK & OVERFLOW CONC. PADS 34555 SF $ 2.25 $ 77,748.75 ��J� 1� � i STREET LIGHTS 11 EA S 3,000.00 $ 33,000.00 aL- I-4�+i. STREET TREES 77 EA $ 250.00 $ 19,250.00 ®"—` FAXON BERM LANDSCAPING: $ - 5' EVERGREEN TREES 26 EA $ 150.00 $ 3,900.00 6' ORNAMENTAL TREES 26 EA $ 145.00 $ 3,770.00 24" SHRUBS 131 EA $ 27.00 $ 3,537.00 SEEDING/MULCH 0.6 AC $ 3,000.00 $ 1,800.00 SUBTOTAL $ 13,007.00 SOD &WILDFLOWER SEEDING. 0 LS $ 1,200.00 $ - TOTAL THIS PAGE $ 420,257.65 TOTAL PROJECT COST $ 871,625.90 . LETTER OF CREDIT AMOUNT (COST+10%) $ 958,788.49 t f Z:Z s - '..7/ \2`i 18-Mar-05 Letter of Credit/Bond Reduction Subdivision: Cannonball Estates - Unit 2 Reduction No. 4 LOC/Bond LOC/Bond Approved Original Amount to remain Substantially complete Amount to remain Reduction No.3 Item Enq. Est. Letter of Credit after Red. No. 3 prior to Red. No.4 after Red. No. 3 Amount Earthwork $66,540.50 $73,194.55 $9,981.08 $66,540.50 $9,981.08 $0.01 San. Sewer $109,732.50 $120,705.75 $16,459.88 $109,732.50 $16,459.88 $0.01 Watermain $150,535.25 $165,588.78 $22,580.29 $150,535.25 $22,580.29 $0.00 Storm Sewer $191,100.50 $210,210.55 $28,665.08 $191,100.50 $28,665.08 $0.01 Pavement $324,860.15 $357,346.17 $102,465.30 $314,735.15 $58,347.77 $44,117.53 ., Miscellaneous $28,857.00 $31,742.70 $18,035.63 $28,857.00 $4,328.55 $13,707.08 Totals $871,625.90 $958,788.49 $198,187.26 $140,362.64 $57,824.63 Notes: 1) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. o Ci T o United City of Yorkville Memo J y1 � �` 800 Game Farm Road FST. 1636 Yorkville, Illinois 60560 ,< - —� Telephone: 630-553-8545 o ®1a' 1- 1/ j Fax: 630-553-3436 1 KaMMI Date: August 17, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer U,Z_ J CC: Liz D'Anna, Administrative Assistant i- Subject: Raintree Village Unit 5 —Earthwork Letter of Credit Reduction#1 Attached find a request from Lennar for a reduction in the earthwork letter of credit for Raintree Village—Unit 5. I have reviewed the request and concur with the amount of work completed to date. The developer failed to account for the 15% we hold back for substantially complete items, therefore the actual letter of credit reduction would be $389,802.01. The amount remaining in the letter of credit would be $159,989.19. Please refer to the attachment for details. I recommend that the reduction be approved as revised. Please place this item on the Public Works Committee agenda of August 22, 2005 for consideration. 17-Aug-05 Letter of Credit/Bond Reduction Subdivision: Raintree Village - Unit 5 Earthwork/Erosion &Sediment Control Reduction No. 1 LOC/Bond Approved Original amount Substantially complete Reduction No.1 Amount to remain Item Eng. Est. for LOC/Bond prior to Red. No.1 Amount after Red. No.1 Earthwork $460,000.00 $506,000.00 $391,000.00 $371,450.00 $134,550.00 Erosion Control $30,885.00 $33,973.50 $15,442.50 $14,670.38 $19,303.13 Staking $9,817.70 $9,817.70 $4,908.85 $3,681.64 $6,136.06 Totals $500,702.70 $549,791.20 $411,351.35 $389,802.01 $159,989.19 Notes: 1) Remaining LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items. RAINTREE VILLAGE L. L.C. July 19, 2005 Mr. Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Raintree Village Yorkville, Illinois Dear Mr. Wywrot, I would like to request a reduction to Bond #FGAC-04325 for Raintree Village Unit 5 Earthwork & Erosion Control. The original bond is in the amount of $549,791.20 and I am requesting a reduction of $435,895.60 leaving a balance of $113,895.60. Enclosed please find a spreadsheet detailing which items have been completed. Per our conversation, the Earthwork items have been reduced 85% and Erosion Control items have been reduced 50% of the original cost. If you have any questions regarding this matter, please contact me at 847/776-0350 ext. 231 or Dave Pile at ext. 144. Sincerely, Kathy Sipolt Land Development Coordinator enclosure cc: Dave 'hie 1540 E. Dundee Road Suite 350 Palatine, IL 60074 (847) 776-0350 FAX (847) 776-6070 Raintree Village-Unit 5 19-Jul-05 Reduction Request 19-Jul-05 FGAC-04325 ORIGINAL AMOUNT PREVIOUS REDUCTION REDUCTION REQUEST BALANCE • • DESCRIPTION QUANTITY UNIT PRICE EXTENSION QUANTITY UNIT PRICE EXTENSION QUANTITY UNIT PRICE EXTENSION REMAINING EARTHWORK TOPSOIL STRIP TO STOCKPILE 48,400 CY $2.50 $121,000.00 0 $2.50 $0.00 41,140 $2.50 $102,850.00 $18,150.00 CLAY CUT TO FILL 113,000 CY $3.00 $339,000.00 0 $3.00 $0.00 96,050 $3.00 $288,150.00 $50,850.00 TOTAL EARTHWORK $460,000.00 $0.00 $391,000.00 $69,000.00 • EROSION CONTROL STABILIZED CONSTRUCTION ENTRANCE 1 EA $3,500.00 $3,500.00 0 $3,500.00 $0.00 1 $3,500.00 $1,750.00 $1,750.00 • INLET EROSION CONTROL 89 EA $180.00 $16,020.00 0 $180.00 $0.00 45 $180.00 $8,010.00 $8,010.00 SILT FILTER FENCE&MAINTENANCE 2,260 LF $3.75 $8,475.00 0 $3.75 $0.00 1,130 $3.75 $4,237.50 $4,237.50 RIP RAP 68 cv $42.50 $2,890.00 0 $42.50 $0.00 34 $42.50 $1,445.00 $1,445.00 $30,885.00 $15,442.50 $15,442.50 TOTAL SITE IMPROVEMENTS: $490,865.00 CONTINGENCY @ 16% $49,088.50 0 $49,088.50 $0.00 0.50 $49,088.50 $24,544.25 $24,544.25 2%CONSTRUCTION STAKING $9,817.70 0 $9,817.70 $0.00 0.50 $9,817.70 $4,908.85 $4,908.85 TOTAL SITE IMPROVEMENTS: $549,791.20 • • TOTAL REDUCTION $435,895.60 TOTAL REDUCTION-THIS REQUEST: $435,895.60 *TOTAL PREVIOUS REDUCTIONS: $0.00 BALANCE REMAINING-LETTER OF CREDIT: $113,895.60 $113,895.60 r ,i( Schoppe lDesi�n Associates, Inc. Landscape Architecture and Land Planning 126 S. Main St. Ph. (630)551-3355 Oswego, IL.60543 Fax(630)551-3639 September 2, 2005 Mr. Tony Graff Mr. Jeff Wilkins City Manager County Administrator United City of Yorkville Kendall County 800 Game Farm Rd. 111 W. Fox St. Yorkville, IL. 60560 Yorkville, IL. 60560 Re: Jefferson Street Project Dear Tony and Jeff, Attached is our revised proposal for the Jefferson Street project. At the request of Jeff Wehrli, we have added two additional tasks to be performed by SDA. They are identified as items 6 and 7 under Preliminary Design Phase on page 2 of 4. The fee is unchanged. Please call if you have any questions regarding these changes or the proposal. Sincerely, Schoppe Design Associates, Inc. N2 Mike Schoppe President Attach. CC: Melissa Barnhart,w/attach. MS/pj \\CadO\D\SDA PROJECTS\113 City of Yorkvile\113.016 General Consulting\Office Files\PSA LTR 9-2-05 Jefferson St.Project with letterhead.doc Page 1 of 1 Schoppe Design Associates, Inc. Landscape Architecture and Land Planning 126 S. Main St. Ph. (630) 551-3355 Oswego, IL 60543 Fax (630) 551-3639 AGREEMENT FOR PROFESSIONAL SERVICES between SCHOPPE DESIGN ASSOCIATES,INC. (SDA) 126 S MAIN ST OSWEGO,IL 60543 and THE UNITED CITY OF YORKVILLE (U.C.O.Y.) KENDALL COUNTY(KC) 800 GAME FARM ROAD 111 FOX ROAD YORKVILLE,ILLINOIS 60560 YORKVILLE,ILLINOIS 60560 August 17, 2005 PART ONE—PROJECT DESCRIPTION Name: Jefferson St. Project,Yorkville IL. Location: Yorkville, Illinois—Between Jefferson St. and Route 47 between Yorkville/Bristol Fire Protection Building and Van Emmon Rd. Scope: Prepare Preliminary design for landscape improvements for sloped area along Jefferson St. Budget: To be determined Schedule: Anticipated notice to proceed—September 15,2005 Initial design presentation to client—November 1,2005 Client Representative: Tony Graff,United City of Yorkville Jeff Wilkins,Kendall County Principal: Mike Schoppe, SDA Project Manager: Jeremy Meek, SDA Page 1 of 4 PART TWO—BASIC SERVICES Program Phase: SDA will conduct a kick-off meeting with UCOY and KC staff to identify: a. Goals and objectives b. Schedule and milestones c. Participants d. Design Program e. Budge parameters f. Other administrative matters g. Role of consultant and UCOY AND KC staff Research and Analysis: Using information gathered during the Program Phase, SDA will: 1. Review boundary survey or plats as provided by IDOT and prepare necessary base sheets. 2. Visit and photograph the site and surrounding areas to become acquainted with: a. Existing views b. Apparent physical conditions c. Downtown redevelopment plans d. Kendall County's master facility plan Preliminary Design Phase: Using the information gathered during the Program and Research and Analysis Phase, SDA will: 1. Prepare a minimum of three(3)preliminary designs illustrating the scale,type and organization of the proposed site and landscape improvements. Items to be addressed in the schematic plans include: a. Different alternatives for treatment of slopes b. Pedestrian access from Jefferson St.to Route 47 c. Retaining walls (if necessary) d. Proposed grading and drainage e. Proposed plantings 2. Prepare a preliminary construction cost opinion of our schematic designs using our generic systems costs and an appropriate design and construction contingency. 3. Review designs and cost information with City and County staff and then one(1)meeting with the UCOY City Council and Kendall County Board. 4. Prepare necessary revisions to preliminary plans and review with UCOY and KC. 5. Document our design proposals and prepare plan view renderings for public presentation. 6. Review IDOT's construction cost opinion. SDA will also review the proposed design plans for the project area,and identify design elements not on IDOT's plan that would need to be,but do not show on IDOT's plans, such as small retaining wall. We will prepare a construction cost opinion of the design elements that are identified. 7. SDA will identify the improvements, if any,that are shown on the IDOT plans that would not need to be build under our proposed design solutions. We will also provide a construction cost opinion of those identified improvements. Page 2 of 4 Additional Services: We may provide additional services that are not included in the Basic Services, such as,but not limited to: 1. Revisions to previously completed and approved phases of our services. 2. Meetings with you or presentation to other parties not specified in the Basic Services. 3. Detailed quantity estimates and/or construction cost opinions using data or format other than our own. 4. Detailed written summaries of our work or our recommendation. 5. Services required due to the discovery of concealed conditions, actions, of theirs, or other circumstances beyond our control. 6. Modifications or revisions beyond those specified in the Basic Services. If circumstances arise during our performance of the Basic Services,which we believe requires additional services, we will promptly notify you about the nature,extent and probable additional cost of the additional services and perform only such additional services following your written authorizations. PART THREE—COMPENSATION AND PAYMENT Basic Services: UCOY and KC agree to compensate SDA for the services described in Part two of this Agreement based on a fixed fee as described below Program Phase thru Preliminary Design Phase Fixed Fee - $18,500 Additional Services: UCOY and KC agree to compensate SDA for additional services as described in this agreement at our standard rates. Expenses: In addition to fees for Basic Services, SDA will be compensated for the following customary out of pocket expenses: Outside Printing and Courier Services Cost plus 15% In House Plotting Services.. .$1.00/s.f. Standard Rates: P.G]eci PC17ll;Il:a, 1:5.00 re.,.rlyut Project Management $ 110.00 per hour Construction Phase Services $ 90.00 per hour Project Design $ 95.00 per hour Drafting $ 65.00 per hour Administrative Support . $ 60.00 per hour These rates are effective thru April 30,2006, after which SDA will provide an updated rate schedule. Payment: Invoices: Each month, or as otherwise appropriate, we will provide invoices that describe the invoice period,the services rendered, fees and expenses due. Invoices for fees based on a percentage of the construction budget will describe the percentage of services completed. Invoices for hourly fees will describe the tasks,hours, and hourly rates for the Page 3 of 4 services completed. Payments will be due 30 days from date of invoice. We reserve the right to suspend our services if you have unpaid invoices over 60 days old. PART FOUR—ADDITIONAL CONDITIONS Credit UCOY and KC agree to give SDA proper credit for our professional services in your official communications, published articles, and temporary project identification signage. Client Responsibilities: UCOY and KC agree to be responsible for the followin : 1. Providing base information to SDA in AutoCAD format for: a. Property lines and limits of I.D.O.T. ownership b. Utility easements c. Location of existing utilities Cost and Quantity Opinion SDA has no control over the cost of labor, materials and equipment or the services of others. We provide quantity summaries and construction cost opinion based on our professional judgment, familiarity with the construction industry, and recent, comparable bidding results. We estimate certain quantities and/or costs for your convenience. The Contractor is responsible for determining actual quantities and providing sufficient labor, services, equipment and materials to complete the work as drawn and specified. PART FIVE—ACCEPTANCE Please indicate your acceptance of this Agreement by signing and returning both originals to us. A countersigned agreement will be returned to you. This proposal may be modified or withdrawn unless executed within 30 days. Accepted by: Date: Tony Graff,United City of Yorkville Date: Jeff Wilkins, Kendall County Accepted by: Date: Mike Schoppe, Schoppe Design Associates, Inc. Page 4 of 4 740 � cl r o United City of Yorkville Memo Jr3;, -c‘ 800 Game Faun Road EST. ita 1636 Yorkville, Illinois 60560 `� Telephone: 630-553-8545 0 O `'II � Fax:p 630-553-3436 Date: August 17, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer ` CC: Liz D'Anna, Administrative Assistant Subject: Southwest Stoilliwater Study- EEI Proposal Attached find one copy of a proposal from EEI to conduct a stormwater study for the area tributary to Fox Road and downstream to the Fox River, roughly from Eldamain Road to Route 47, excluding the old area of town. The proposal is for an estimated amount of $33,800. This general area (most notably the unincorporated Fox Lawn subdivision) has had flooding problems in the past. Due to the extent of development now proposed, I believe that we should perform this study to better understand the existing conditions, the impact of development on neighboring properties, and also to make recommendations that would be incorporated into the design of the new developments. Please place this item on the Public Works Committee agenda of August 22, 2005 for discussion. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 • • www.eeiweb.com Engineering Enterprises, August 17, 2005 Inc. Mr. Tony Graff City Administrator 800 Game Farm Road Yorkville, IL 60560 Re: Fox Road Area Drainage Study United City of Yorkville, Kendall Co., IL Dear Tony- In accordance with your request, please find attached an agreement for consulting engineering services to conduct a regional drainage study for the Fox Road Area. The study will examine the existing drainage conditions and analyze proposed condition alternatives. Development of the area and overall stormwater management options for the new developments will be evaluated to ensure that the area will maintain existing drainage conveyance in its current state at a minimum and improve drainage conveyance and storage where possible. We look forward to working with the City to conduct this study and recommend stormwater management guidelines for development in the Fox Road Area. We propose to provide our services to the City on an hourly basis. We estimate our total fees for the proposed study period to be approximately $33,800. If you have any other questions or comments, please do not hesitate to call. Respectfully Submitted, GINEERING ENTERPRISES INC. •a(011/4-stitit_ John T. Whitehouse, P.E., P.L.S. Senior Project Manager JTW/TN P/ Encl. pc: Mayor Art Prochaska Mr. Joe Wywrot, P.E- City Engineer Mr. Eric Dhuse - Director of Public Works Mr. John Wyeth -City Attorney Ms. Liz D'Anna -Administrative Assistant (w/ 2 originals) JKM, JWF, TNP, DMT- EEI `G:\Public\Yorkville\20051Y00524 SW Stormwater Study\Proposal\Lgraffol.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying PAGE 1 OF 2 UNITED CITY OF YORKVILLE AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR THE FOX ROAD AREA DRAINAGE STUDY UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS This Agreement, made this day of , 20_ by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation of the State of Illinois (hereinafter referred to as the "CITY") and Engineering Enterprises, Inc. of 52 Wheeler Road, Sugar Grove, Illinois, 60554 (hereinafter referred to as the "ENGINEER"). In consideration of the mutual covenants and agreements contained in this Agreement, the CITY and the ENGINEER agree, covenant and bind themselves as follows: 1. Services: The ENGINEER agrees to perform for the CITY the necessary engineering services to complete the Fox Road Area Drainage Study (see Exhibit A for Study Area) in accordance with the Work Items outlined in the attached Exhibit B. 2. Direction: The Mayor, or his written designee, shall act as the CITY'S representative with respect to the Services to be provided by the ENGINEER under this Agreement and shall transmit instructions and receive information with respect to the Consulting Engineering Services. 3. Compensation: The CITY agrees to pay the ENGINEER for providing the Services set forth herein as specified on the ENGINEER'S approved Standard Schedule of Charges and the Personnel, Positions and Classifications for the various classifications of employees performing the work on the project. Total compensation for this Agreement shall be at an Hourly Rate. Based on the information currently known about the project, the ENGINEER estimates his fees to be approximately $33,800. The ENGINEER'S attached 2005 Standard Schedule of Charges shall be used as the basis of this contract. If, in the future, the CITY approves a revised Standard Schedule of Charges, then work conducted on or beyond the effective date of the new Standard Schedule of Charges shall be billed on the basis of the then effective Standard Schedule of Charges. 4. Term: The ENGINEER will deliver a Draft Report within 90 days of the execution of this Agreement. Following completion of review by the City and other interested parties the ENGINEER will deliver a Final Report within 30 days. The term of this Agreement shall be active through March 31, 2006, unless otherwise extended through written confirmation by both parties. 5. Payment: Engineer shall invoice the CITY on a monthly basis for Services performed and any costs and expenses incurred during the previous thirty (30) day period. The CITY shall pay the ENGINEER within thirty (30) days of receipt of said invoice. 6. Termination: This Agreement may be terminated upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation calculated as described in paragraph 3 for all costs incurred through the date of termination. PAGE 2 OF 2 UNITED CITY OF YORKVILLE 7. Documents: All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the ENGINEER on behalf of the CITY for the Services provided herein shall be used solely for the intended project. 8. Notices: All notices given pursuant to this Agreement shall be sent Certified Mail, postage prepaid, to the parties at the following addresses: The CITY: The ENGINEER: United City of Yorkville Engineering Enterprises, Inc. 800 Game Farm Road 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, IL 60554 Attn: Mayor Arthur F. Prochaska, Jr. Attn: Jeffrey W. Freeman, P.E. 9. Waiver: The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. 10. Amendment: No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the CITY and signed by the ENGINEER. 11. Succession: This Agreement shall ensure to the benefit of the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. UNITED CITY OF YORKVILLE: ENGINEERING ENTERPRISES, INC.: Mayor enior ro ect Manager ATTEST: ATTEST: / 0 ,ter . City Clerk Secret& G:\Public\Yorkville\2005\YO0524 SW Stormwater Study\Proposal\Agreement.doc I I, 1 I 1 V -j a '� _'r+:'� b"I _ � : 0-,ifilm....77,I....'11---..:51,i-, _ I �T +-\____ji______7--- - ) L rem. l �1D Opt N�� , o f _� Amin 'n i1NI N1pp I C� � ii sr — . �\ N/�W- apt a„„--; IBJ I ',.21 RVER ROAD I i I , i i L- ,C -tel I I ��pp• ;1-, •�W 1 -`_' n „',',/1611W _4it'' i'-____,r, ,,,...,.., ptgAlMn- �”':" udll?l�,alu�r, °".. 4.7 1 tat SIJ_ I I '�` •i1 --- ,L,..93, "" .' 5® �/47, :i �z --.1 --- -_,14101 _,........- -� I i - sails 4„„,_ _plg un-...0 0 aur d '-" A 1 ��.j ,,,,„....,041. ® ISI; pra E. a 1I KENDALLFOU►IT'� ,` \�Ils7ij"1i i �V��fp =.�DU��®® 'p ®„ 1 FOREST P¢EEERVE i►J s,\ py oaf r BG m/N M 4. ' e��: _ L t- *0$99P9s �i ��1111 I ` ANN r. 1�1• —_. F _ 2 ��\ �ii��..�:LA ,-1- � alQ�1 awnmIE a,a. — -I- ,,0?'�,�� VI pst:�i :Pig r sues rim 1 a ,_ �L BLUFFS I I 1 S �.�gis -I ..,„, ...„„,„, i, .•yamtie jLJ = Fig.�......„ ,, ' �Q IX ROAD 1 f I ' Y ,, ----� Wei IL SI1IVER ++ I 'i EVERGREEN F. - Fp% /� _FARM-- –4-- \ -,',--T 1– , �– 2 5 }/ T / f. - * ' �� I `' " MEADOWBROOK I11 . 'I-- M I ASPEN. I HOMES , -i/ I I RIDGEE � Viwa..Ml , 1 E� � x � , I'\ Tt A7 THE met �. I 0.L,R' 1 1'�PRSRV '1 I f �� 1,i �1 • 11 , I GIMLET I }_ - ice' % -- F_, - — wINDETT iii I h ... 1 I. 2 i II ANDERSON -�, I POII Ail DNUSE :IP ,i 1, I:- 1 14r1 I!11 1 --7 — %17- —i` _ — � — � — 1'1 P pm r I 1' I -1 H--( 1� 0 3000' -- - _I-- - —,__ ---- — — --)c- - `�- - - - -� mew mom ii SCALE FEET • IN NI Ill • • STUDY AREA PLANNED DEVELOPMENT FOREST PRESERVE COPi FH I-IT TI 200E, EN GINEEPING EI ITEFF RLE'. IIIC. r2UNIEngineering Enterprises,Inc. EXHIBIT A DATE AUGUST 2005 Consulting Engineers FOX ROAD AREA DRAINAGE STUDY PROJ. NO. Y00524 52 Wheeler Road TED CITY OF YORKVILLE, ILLINOIS FILE NO. Y00A52401 Sugar Grove, Illinois 60554 630/466-9350 SHEET 1 or 1 EXHIBIT B: WORK ITEMS FOR THE FOX ROAD AREA DRAINAGE STUDY United City of Yorkville, Kendall Co., IL I. Establish Existing Conditions A. Kick off meeting with City B. Identify existing drainage problems i. Meeting with interested parties C. Watershed and sub watershed delineation (USGS topography) D. Existing condition hydrologic model E. Existing condition conveyance analysis i. Culvert and road crossing analysis ii. Identify existing restrictions and conveyance problems II. Proposed Conditions A. Proposed conditions hydrologic model i. Based on City Comprehensive Plan and existing development submittal plans III. Alternatives Analysis (Focusing on impacts at existing drainage problems) A. Detention release rate impact analysis B. Identify regional detention opportunities C. Conveyance improvements i. Existing system upgrades ii. Outfall sewers D. Best Management Practice (BMP) Analysis i. Identify locations suitable for infiltration practices (based on soils information) E. Meetings with City and other interested parties IV. Recommendations and Reporting A. Stormwater Management Guidelines i. Release rate ii. BMPs B. Conveyance Improvements C. Draft Report and Exhibits D. Meetings with City and other interested parties E. Final Report and Exhibits Note - Work items specifically not included in the proposed scope, but could be included upon written approval of both parties include: • Hydraulic modeling of streams/channels • Base flood elevation determinations for streams with > 1.0 mit of tributary area • Regulatory floodplain/floodway delineation, mapping, and regulatory approval • Stormwater management reports for specific developments ENGINEERING ENTERPRISES,INC. G:\Public\Yorkville\2005\Y00524 SW Stormwater Study\Proposal\Exhibit B.doc SUGAR GROVE, IL 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 STANDARD SCHEDULE OF CHARGES FAX: 630 / 466-9380 www.eeiweb.com January 1, 2005 Engineering Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $138.00 Senior Project Manager E-2 $126.00 Project Manager E-1 $114.00 Senior Project Engineer/Surveyor P-5 $102.00 Project Engineer/Surveyor P-4 $ 93.00 Senior Engineer/Surveyor P-3 $ 84.00 Engineer/Surveyor P-2 $ 75.00 Associate Engineer/Surveyor P-1 $ 66.00 Senior Project Technician T-5 $ 93.00 Project Technician T-4 $ 84.00 Senior Technician T-3 $ 75.00 Technician T-2 $ 66.00 Associate Technician T-1 $ 57.00 Secretary A-3 $ 66.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $ 25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A G:\Public\Yorkville\2005\Y00524 SW Stormwater Study\Proposal\STADS0105.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying Personnel, Positions & Classifications James K.Michels,P.E. E-3 Terry M.Heitkamp,E.I. P-4 President Project Engineer Peter G.Wailers,P.E. E-3 Nathaniel J.Koehneke,E.I. P-4 Senior Vice President Project Engineer David R.Burroughs,P.E. E-3 Stephen T.Dennison,E.1. P-4 Vice President Project Engineer Ronald G.Naylor,P.E. E-2 Amy L.Sellner,E.I. P-4 Senior Project Manager Project Engineer John T.Whitehouse,P.E.,P.L.S. E-2 Walter D.Chornomaz,E.I. P-4 Senior Project Manager Project Engineer Bradley P.Sanderson,P.E. E-2 Steven J.Vassos,E.I. P-4 Senior Project Manager Project Engineer Jeffrey W.Freeman,P.E. E-2 Jerri K.Ziegler P-4 Senior Project Manager Marketing Director of Technical Services William E.Dunn,P.E. E-2 Gregory A.Chambers T-5 Senior Project Manager Senior Project Technician(Field) Timothy P.Farrell,P.E. E-1 Steven Gozner,Ill T-5 Project Manager Senior Project Technician(CAD) Timothy N.Paulson,P.E. E-1 David S.Stewart T-5 Project Manager Senior Project Technician(Field) Kevin S.Bomstad,P.E. E-1 William C.Pierson T-4 Project Manager Project Technician(CAD) Robert G.Walker,P.E. E-1 C.Larry Nolan T-4 Project Manager Project Technician(CAD) Edward J.McCall,P.E. E-1 Kristopher K.Pung T-4 Project Manager Project Technician(CAD) Scott A.Swanson E-1 Lenard E.Lynn T-4 Computer Aided Drafting& Project Technician(Field) Information Systems Manager Courtney N.Windel T-4 George R.Burgess,P.L.S. P-5 Project Technician(CAD) Senior Project Surveyor Bradford A.Smith T-4 Mark G.Scheller,P.L.S. P-5 Project Technician(CAD) Senior Project Surveyor Ryan M.Christoffel T-3 Andrew R.Deitchman,P.E. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Joshua M.Boatman T-3 Jason"Jay"P. Nemeth,P.E. P-5 Senior Technician(Field) Senior Project Engineer Matthew R.Blackburn T-3 Yifang Lu,P.E. P-5 Senior Technician(Field) Senior Project Engineer Denise M.Migliorini A-3 Stephan W.Grabowski P-5 Administrative Assistant Senior Transportation Planner Denise M.Thelander A-3 David A.Kamano,P.E. P-5 Accounting Assistant Senior Project Engineer Angela R.Ford A-3 Scot H.Prindiville,P.E. P-5 Administrative Assistant Senior Project Engineer Nicole M.Morris A-3 Julie A.Morrison,P.E. P-5 Accounting Assistant Senior Project Engineer Bobbi M.Erdmann A-3 Jason M.Bauer,P.E. P-5 Marketing Director Senior Project Engineer Angela D.McCoy A-3 Michele L.Piotrowski,P.E. P-5 Accounting Assistant Senior Project Engineer Rebecca A.Kidd A-3 Christopher E.Peterson,S.I. P-4 Administrative Assistant Project Surveyor East Dundee,Illinois Timothy V.Weidner,E.I. P-4 Project Engineer Mark C.Weber,P.L.S. P-5 LEGEND: Senior Project Surveyor P.E.=Professional Engineer P.L.S.=Professional Land Surveyor Robert C.Watts T-5 E.I.=Engineer Intern Senior Project Technician(Field) =Surveyor Intern E=Executive P=Professional Stacy L.Nilsen A-3 T=Technical Office Manager A=Administrative 07/01/05 ji t ,ssvlr o United City of Yorkville Memo J 1% 800 Game Farm Road EST.14 - 1836 Yorkville, Illinois 60560 ,� -- Telephone: 630-553-8545 9s L `per Fax: 630-553-3436 1, Kendall County `t1 11<<E `•� Date: September 16, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer \----,)--- „1 ,J CC: John Wyeth, City Attorney Gary Neyer, Richard Marker Associates, Inc. Subject: Heartland Circle—Acceptance of Streetlights &Reduction in Letter of Credit The developer of Heartland Circle subdivision, Richard Marker Associates, Inc., has completed the punchlist for the streetlights. All lights are currently set and functioning properly. The developer has also obligated themselves to remain responsible for repair and adjustment of structures even though the city will be accepting certain public infrastructure improvements (see attachment). The existing letter of credit, previously reduced to the amount of$1,448,375.78, may be further reduced by the amount of$5,652.70 due to the acceptance of the streetlights. The remaining amount in the letter of credit would be $1,442,750.08. This item has been placed on the September 20, 2005 Committee of the Whole agenda for consideration. RicIia#fMarlwrissociaies, Inc. Arcliitects•Builders•Developers 654 Heartland Drive • Yorkville,II 60560 March 15, 2005 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Faun Road Yorkville, IL 60560 RE: Acceptance of Public Improvements for Heartland Circle Subdivision Dear Mr. Wywrot: Richard Marker Associates, Inc. does hereby concur with the following provisions: 1. That we, as the developer, will be responsible for cleaning of all storm inlets, catch basins, manholes and making all landscaping structure adjustments adjacent to the roadway. 2. That we, as the developer, will be responsible for the general adjustments including hydrants, valve vaults, buffalo boxes, and miscellaneous structures in accordance with completed street construction. 3. That we, as the developer, will be responsible for all structure damages and cleaning of sanitary lines that result from builder's construction activity. Bills of Sale are enclosed. A Maintenance Bond will be submitted,pending the City's acceptance of the improvements described in the Bills of Sale. Final inspection has been completed and test reports have been submitted. Record Drawings have been submitted. Sincerely, Richard Marker Associates, Inc.A-4:,-"6/7?v ever Enc. 530.5533322p/ione 63115535735 fax 16-Sep-05 Letter of Credit/Bond Reduction Subdivision: Heartland Circle-Units 1,2,&3 Reduction#4-Streetlights Theoretical Actual Approved Letter of Credit Letter of Credit Substantially complete Remaining Substantially complete Amount of Remaining Item Ena.Est. Amount Amount prior to Red.#3 Amount after Red.#3 prior to Red.#4 Reduction#4 Amount after Red.#4 Sanitary Sewer-Trunk Line $319,037.90 $350,941.69 $350,941.69 $319,037.90 $47,855.69 $319,037.90 $0.00 $47,855.69 Sanitary Sewer $604,375.80 $664,813.38 $664,813.38 $604,375.80 $90,656.37 $604,375.80 $0.00 $90,656.37 Watermains $704,952.50 $775,447.75 $775,447.75 $704,952.50 $70,495.25 $704,952.50 $0.00 $70,495.25 Storm Sewer $945,510.60 $1,040,061.66 $1,040,061.66 $945,510.60 $141,826.59 $945,510.60 $0.00 $141,826.59 Earthwork $925,479.56 $1,018,027.52 $1,018,027.52 $832,154.86 $227,480.40 $832,154.86 $0.00 $227,480.40 Pavement $1,004,609.75 $1,105,070.73 $1,105,070.73 $858,050.60 $289,922.66 $858,050.60 $0.00 $289,922.66 Miscellaneous $772,935.53 $850,229.08 $843,299.08 $284,305.53 $580,138.83 $284,305.53 $5,625.70 $574,513.13 Totals $5,276,901.64 $5,804,591.80 $5,797,661.80 $4,548,387.79 $1,448,375.79 $4,548,387.79 $5,625.71 $1,442,750.08 Notes: 1)LOC/Bond amt.to be 15%of subsantially completed items plus 110%of uncompleted items. 2)Total value of streetlights and cable is: $112,514.00 co 4's , •- United City of Yorkville Memo J� 800 Game Farm Road EST kw `1836 Yorkville, Illinois 60560 ,4 Telephone: 630-553-8545 o ` r Fax: 630-553-3436 -'4CE ,‘''\' Date: September 20, 2005 To: Tony GraffCity Administrator From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Liz D'Anna, Administrative Assistant Subject: Heartland Circle—Acceptance of Streetlights The streetlight punehlist for Heartland Circle is complete and all lights are currently operational. Consequently, I prepared a memo dated September 16th recommending acceptance of the streetlights, with the condition that the developer repair and adjust the streetlights as may be necessary due to builder activity. That condition was based on the March 15, 2005 letter (attached) that we received from the developer. This item in on tonight's City Council agenda for approval. I got a call today from Gary Neyer from Richard Marker Associates, Inc. today stating that the streetlights are not covered by their March 15th letter, and furtheimore that underground utilities are also not covered beyond the expiration of the one-year warranty period. I told Gary that I disagreed and asked him to send us a letter (also attached) explaining his position prior to the vote at tonight's City Council meeting. Since this is a legal matter coming up at the last minute, I recommend that acceptance of the streetlights in Heartland Circle be tabled until John Wyeth can review this matter and offer his opinion. If you have any questions regarding this matter, please see me. fliclialil MarMC, Architects e Builders • Developers 554 ilearllaor Drive • Yorkville,LL 50550 March 15, 2005 Mr. Joseph Wyvy-rot City Engineer United. City of Yorkville 800 Game F=Iri Road Yorkville, IL 60560 RE: Acceptance of Public improvements for Heartland Circle Subdivision Dear Mr. Wyv,nrot: Richard Marker Associates, 'Inc. does hereby Concur With rhe following provisions: . That we as the developer, will be responsible for cleaning of all storm inlets, catch basin, manholes and making ail landscaping str i e uce adjustments adjacent to the roadway. 2. That we, as the developer, v‘ilL be responsible for the generaladjustments incluumo hydrants, valve vaults, buffalo boxes, and miscellaneous Stru0mres in accordance with completed street Construction. _. That we, as the developer, will be responsible for all statue-bare damages and cleaning of sanitary lines that result from b iilder's construction activity. of Sale are enclosed, A Maintenance Bond will_ be submitted, pending the C' p's acceptance of the '_mproven-dents described in the Bilis of Sale. Final inspection has been completed and rest reports have been submitted. Record Drawings have been sub uted. Sincerei Richard Marker Associates. Inc. e,,e- / i!C. 538,553,332?flP01 R 5 30,553,5735;13X Richard MarkerAssociales, Inc. Architects•Builders•Developers 654Heart/andDrive• Yorkville,/L 60560 September 20, 2005 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL. 60560 Re: Heartland Circle Subdivision- Street Light Acceptance Dear Mr. Wywrot: Having received your letter dated September 16, 2005 relative to the acceptance of street lights in Heartland Circle, we feel it necessary to make clarifications on the issue of repairs and adjustments that you refer to in the second sentence of that letter. Toward that end we submit the following points: 1) The Development Agreement for Heartland Circle allows us as developer to request acceptance of improvements on an "ala carte"basis prior to the 70% completion benchmark. The agreement also obligates the City to accept presented improvements within a proscribed time frame,pending successful completion of any punchlist items. Upon acceptance by the City, we are obligated to post a one-year maintenance bond. Our obligation to warranty or maintain the accepted improvement ends with the expiration of the maintenance bond. 2) The March 15, 2005 letter from us and referenced in the second sentence of your letter does not in any way contradict our obligations as stated in the Development Agreement and outlined in point 41 above. The language in the 3/15/05 letter pertains to adjustments that are to be done during the punchlist period prior to acceptance and to adjustments necessitated by the completion of now-undone improvements (specifically, the finish course of street asphalt). Further, the language pertains to, respectively by point, a) storm sewers, b) water mains, and c) sanitary sewers. Street lights are not included anywhere in the letter. 3) The concept stated in the second sentence of your letter creates an obligation on our part that is clearly a misinterpretation of the Development Agreement and our letter of 3/15/05. Such an open-ended obligation as you seem to be referring to is completely inequitable. Following that line of thinking, for example, would obligate us to repair any damages done to any improvement on a lot that was not built upon for twenty years. 4) The obligation to repair damage done to accepted improvements should be borne by the party that has done the damage. If damage is done by us as developer, we will bear responsibility for the repair, otherwise we will not. The Maintenance Bond is for the purpose of ensuring that the completed system(s) operate as designed. It is not put in place to reimburse costs for damages done. 630.553.3322 phone 6311553573614x Based on the points above, we maintain that we have not in any way, obligated ourselves to "remain responsible for repair and adjustment of structures" as stated in your letter. We understand that we are required to make necessary repairs and adjustments in the completion of punchlists. We also understand that we are required to make adjustments necessary in the process of completing any unfinished improvements. We therefore respectfully request that any language such as that contained in the second sentence of your letter, be omitted from all documentation needed for the City's acceptance of Heartland Circle street lights and all other improvements to come. Feel free to contact me with questions or if you wish to discuss the matter further. Very truly yours, Richard Marker Associate , Inc. /6(-7( GO!Never Cc: John Philipchuck, DBCW Tony Graff, City Administrator Arthur F. Prochaska, Mayor John Wyeth, City Attorney 1 rt I I ,OO CST o United City of Yorkville Memo 1 Public Works Department fiRii EST.14 x1836 800 Game Farm Road z.'" Yorkville, Illinois 60560 p 111I:rsi « �� O Telephone: 630-553-4370 .kt E \‘)> Fax: 630-553-4377 Date: September 6, 2005 To: Tony Graff, Administrator From: Eric Dhuse, Director of Public Works CC: Traci Pleckham, Finance Director Joe Besco, Chairman Subject: Equipment Bid Opening Results Tony, We held our bid opening on August 24, 2005 for used vehicles and equipment. Here are the results: Item Winning Bid Winning Bidder 1998 Int. Dump Truck $32,500.00 Valley Paving 1987 Chevy Puck Up $569.71 Fred Davis 1989 GMC Pick Up $758.37 Fred Davis 4" Trash Pump $285.76 Fred Davis I would recommend the sale of all of the equipment and ask that this be placed on the September 13, 2005 City Council agenda for approval. If you have any questions or comments, please let me know. � .0 �iT o United City of Yorkville Memo JII -c% 800 Game Farm Road EST11% L_1S36 Yorkville, Illinois 60560 �- Telephone: 630-553-8545 9 p Fax: 630-553-3436 Date: August 16, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer J CC: Liz D'Anna, Administrative Assistant Subject: Emergency Vehicle Pre-Emption Equipment We have begun requiring Opticom emergency vehicle pre-emption equipment at new traffic signals. This equipment allows an emergency vehicle approaching a signalized intersection to stop traffic on all approaches to the intersection except the approach where the emergency vehicle is located. The average cost of installing pre-emption equipment is about $10,000 per intersection, and does not include the cost of the emitters that are mounted on the vehicles. We have also infonied IDOT of our desire to have the new and/or replacement traffic signals they build to incorporate Opticom into the design. IDOT has infoinied us that they are willing to do this, but they will not fund the construction or design of the equipment. The Route 47 project includes replacement or modifications to 14 traffic signals, extending along Route 47 from Route 71 to Cannonball Trail, and extending along Route 34 from.Cannonball Trail to McHugh Road. At this time we are proposing that the city(or the developer in the case of a new signal) fund the installation of this equipment. The city would assume maintenance responsibility thereafter. Any fire department or police department vehicle that has an emitter would be able to activate the pre-emption equipment. Opticom would be added over a period of several years as new signals are constructed or existing signals replaced. Please place this item on the Public Works Commie agenda of August 22, 2005 for discussion. r�X- 01i 63-h . /V .i/ i •I f i ') `f‘V:i ciT United City of Yorkville Memo J _ a , ; -t% 800 Game Farm Road EST% _�1B36 Yorkville, Illinois 60560 Telephone: 630-553-8545 o Fax: 630-553-3436 -'Krd%ICvarty.. Date: August 17, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: Liz D'Arma, Administrative Assistant Scott Sleezer, Parks Superintendent Subject: Menards Commercial Commons—Final Acceptance of Landscaping Attached find a letter from Menards requesting final acceptance of the landscape improvements for the referenced project. All punchlist items have been completed with the exception of the items listed below. Completion of this work will be completed this fall. Our Parks Department has already taken over maintenance of the landscape medians along Countryside Parkway. I recommend that the landscaping of public areas for the referenced project be accepted by the City Council for ownership and maintenance. The few remaining items would be completed during the one-year warranty period. As a result of acceptance, the letter of credit would be released upon receipt of a warranty letter of credit in the amount of $60,790.80, which represents 10% of the value of the landscaping. Please place this item on the Public Works Committee agenda of August 22, 2005 for consideration. 1 MENARIQ August 1, 2005 Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Menards Commercial Commons Dear Joe: Per our discussion on site July 28, 2005, Menard, Inc. agrees to add rip-rap to connect all three flared end sections in the pond at Countryside Parkway and Marketview Drive; over-seed and blanket Countryside Parkway in front of the strip mall along Countryside Parkway and replace the dead spruce and pine trees along Kennedy Road in the fall planting season 2005. You agreed to recommend that the City Council approve the work and formally accept the public portions of the landscaping, including the medians on Countryside Parkway, for maintenance. Sincerely, Roger Arens Project Manager Store Planning/Construction Menard, Inc. RA/sh cc: Scott Collette Jim Carlson { '' - ,�-,-, •rrr. nr- it r ni l'+l n,r-r 1All r A'9nn nnnC Ill I(lAll- /7�C\ O',C Cll4-1 CAV /7-4 G\ O7G Cf'1!'11 Page 1 of 1 ,4 j John Wyeth From: John Wyeth [jwyeth@yorkville.il.us] Sent: Thursday, August 25, 2005 12:13 PM To: 'jwywrot@yorkville.il.us' Cc: tgraff@yorkville.il.us' Subject: Policy for reduction of LOC and Bonds Joe: I've made the changes suggested at the PW committee, to wit: Amount$750,000, and concurance by Mayor, only (eliminated City Administrator). I believe that this document is now ready for COW, which would be Sept. 20th. Please advise. John 9/15/2005 DRAFT RESOLUTION CREATING A POLICY PROCEDURE AND AUTHORITY TO REDUCE LETTERS OF CREDIT AND BONDS FOR CONSTRUCITON OF PUBLIC IMPROVEMENTS WHEREAS, the United City of Yorkville requires that developers and/or contractors provide security for the successful completion of the installation of certain public improvements including but not limited to streets, curbs, sidewalks, water pipes, sewer pipes (storm and sanitary), streetlights, etc., and WHEREAS, said security is established either by means of a Letter of Credit, or a Bond, and WHEREAS, from time to time, the developer and/or contractor will seek reduction of the Letter of Credit or Bond after the successful completion of a portion,but not all, of the public improvements under heretofore established practices and/or contracts, and WHEREAS, current practice involves an approval of the City Engineer's recommendation by the City Council which while thorough, requires long time lines for approvals that are in most instances a routine, and WHEREAS, the Mayor and City Council wish to provide an expedited review and approval process for certain smaller Letter of Credit and/or Bond reduction requests. BE IT HEREBY RESOLVED BY THE MAYOR AND ALDERMAN OF THE UNITED CITY OF YORKVILLE: 1. Letters of Credit and/or Bonds in an initial amount of$750,000 or less shall be eligible for approval under this policy,however, if deemed appropriate by any of the persons involved in this process (i.e. the City Engineer, Mayor or Public Works Committee), any request for reduction may be sent to City Council for review and approval consistent with the procedures and/or common practice used for Letter of Credit and/or Bond reduction requests for amounts in excess of$750,000. 2. The approval process for eligible Letter of Credit and/or Bond reductions shall be as follows: a. The City Engineer shall issue a written recommendation including his basis for approving or denying a request for reduction. Said written recommendation shall include the amount of the requested reduction and the remaining amount of the Letter of Credit and/or bond if the request is approved. b. The City Engineer's written recommendation shall be delivered to the Mayor and Public Works Committee to be placed on the next available Public Works Committee agenda. c. Mayor may concur, and advise the Public Works Committee of said concurrence, or direct that the request must go forward to the City Council. d. If the Mayor concurs with the City Engineer's recommendation, then, at the next available Public Works Committee meeting, if those members of the Committee in Attendance (a quorum not being required),have no objection to the recommendation of the City Engineer and concurrence by the Mayor, then the reduction shall be deemed approved and the City Engineer shall be authorized to issue a letter to implement the reduction. If the Public Works Committee has an objection, the request must go forward to City Council. f. The Mayor and the City Council hereby expressly delegate authority for approval to the parties listed herein sufficient to implement the approvals authorized by this Policy. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, BE IT RESOLVED that the Policy set forth above is the Policy 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 4 .1V1 I ) .stD co.o United City of Yorkville Memo 'c` 111 800Game Farm Road zr.% .2!---,14#,s3 Yorkville, Illinois 60560 ,� - Telephone: 630-553-8545 o I� 4 , I Fax 630-553-3436 9 � o 44E %\Y Date: July 15, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: Traci Pleckham, Finance Director Liz D'Anna, City Secretary Subject: Fox Hill Unit 3 —Additional Parking I have been requested by Bill Dettmer to investigate the possibility of constructing additional parking in Unit 3 of the Fox Hill Subdivision. Attached find location sketches and a preliminary cost estimate for adding on-street parking along Cottonwood Trail. A total of 11 new spaces are proposed at a cost of approximately$30,000. The additional parking areas would be expanded, and a new parking area would be constructed on the east side of Cottonwood Trail just north of Stoneridge Circle. Some tree removal would be necessary, but the cost estimate does not include tree replacement. A project of this size will require competitive bidding.We will need time to prepare plans and bidding documents. If we build the additional parking this year, it would not be ready for use until late in the year. Before we begin we should confirm with the Homeowner's Association that they agree with the size and location of the additional parking, and that they will own and maintain the additional parking similar to the existing parking. Please place this item on the Public Works Committee agenda of July 25, 2005 for discussion. 15-Jul-05 Preliminary Cost Estimate Fox Hill Unit 3 Parking Addition Item Quantity Unit Unit Price Cost 1 Curb Removal 70 LF $5.00 $350.00 2 Comb. Curb & Gutter 250 LF $25.00 $6,250.00 3 Sidewalk Removal 700 SF $2.00 $1,400.00 4 PCC Sidewalk 200 SF $6.00 $1,200.00 5 MH Adjustment 1 EA $500.00 $500.00 6 Earth Excavation 170 CY $10.00 $1,700.00 7 Aggregate Base, 10" 210 TON $30.00 $6,300.00 8 Bit. Binder Course2.5" 55 TON $50.00 $2,750.00 9 Bit. Surface Course, 1.5" 33 TON $50.00 $1,650.00 10 Striping 400 LF $3.00 $1,200.00 11 Landscape Restoration 150 SY $10.00 $1,500.00 12 Tree Removal 3 EA $250.00 $750.00 Sub-total: $25,550.00 Plus 15% contingency $3,832.50 Total: $29,382.50 Number of new stalls: 11 Price per new stall: $2,671 co j:0(, ) \-\ *cn 0) . vN\: \\ PARK DUTL DT ] • . Li. UN rncoo \I . 4/ . U \-\ m . LA NOTE: 0 /...''' \ SITE LANDSCAPING IS DEPICTED ON SEPARA P r ` J`� STDRMSEWERS THAT DO NOT DRAIN ANY ^ STREET PAVEMENT WILL BE OWNED AND 4' ` 0� MAINTAINED BY HOMEDWNER'S ASSOCIATION Y � �� • � �\ �C�'S GRADING- N07ES: \\Do � \lk ELEVATION OF fINISIED GRADE (FG) OU \ 1 IS A7 LEAST 0.67' BELOW TOP Of FOUL X \ � TDP OF GARAGEFLOOR (TGF) IS A7LE,•` AL '' \ � BELOWTOPOfFOUNDATION (Tf)WAY /�� • - TI• ` GRADIENT OF DRIVEWAY FROM TGF TO T �� Df 1.4Z $U7 VARIES. MAXIMUM GRADIE o •`�;; \\ 5' SIDEWALK •4 $i `�� o PAVING IN OFFSTREET PARKING AREAS TO TYPICALLY ONSIST OF 8'• IDOT TWE B BASE rIfil \lk �� 7 2- IDOT Ct I MIX D SURFACE Irie ° 45' -.3 \/#4k\V \ lir . 0 V:t "\ , X SLtft . \ v` `,\ .... � , +/'•' DEPRESSED GUTTER (TYPICAL) \� /1, ACROSS PA KING • 01525ii• • • O0F . or • ,11, . .0 •0 • ________ _______________. . 2:1 . .tea i ; i .. 10 i .. A ii# cki,',/.. n, , ,/, (A, • :,• V•.&A, IV I V: . 4/ 7( .• . C\e, i gip ii. .- „, ,i, ),.......y\ ,.. tn. \\4\ '55 / 1 .6 , k.-/"....\ 1 \ ,..-----------------; \V ,--- - , ------- ,./ •,44;:i _. ) ---,/ • .----- 4fA____ .• \ ..----' I i 1\ - pilf-ti,s' ,,, 7\ , , , , • • . „ . _-><. ......„ I .', 1 1.1)4 1 WIWI I \ 0 O. tie - 11111.1R 1(4.4 • • 17-C e ph\ 1-- • foil' f'P .\ ...„ .,4, 4400010136. . 0,, cp \' v, 4,• _.• (D4CP le 1 ' / \ • \)\ ' \,.\ ° ,. : • ./ \r\ -"• . _.._, / . ) .- ., c.' '' :• X ..- . : _ \ z I . ce . :?0 • . ,'N.. , N > cog' irl , 77 '..4' 4. /:/ . \ oo ,•1/4- - \ di% 1 tP 40 k, . . i7,/ C.\ \ V c \ 1 l'Artili:1 : . // V \ ‘r, / /// .s, :; i , p Li ili,n 0 ,,,. p...1 4.„, ,, .. co . Ili • / r----- --.co 4 I.\ NI' \\C\\ li _ - .,,, , II . . . - asi 1 . 7., I 1--" UNI T i ----)C6 / / /1 --""Ill °NU INe I i \V _ \. ��D car` United City of Yorkville Memo o Jam ` 800 Game Farm Road EST. - r.3 1835 Yorkville, Illinois 60560 Telephone: hone: 630-553-8545 o mit Fax: 630-553-3436 o -f<tE `V\ Date: July 20, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer CC: Liz D'Anna, City Secretary Subject: F.E. Wheaton Expansion—Plat of Easement Attached find one copy of the proposed plat of easement for the referenced development. The easement is needed for a public watermain that loops around the new building. I have reviewed the plat and recommend approval. Please place this item on the Public Works Committee agenda of July 25, 2005 for consideration. IIINI PLAT OF EASEMENT 7 N76,301 OZ LOT 3 IN THE FINAL PLAT OF YORKVILLE BUSINESS CENTER SUBDIVISION,BEING A SUBDIVISION Of PART OF THE 1 J SUBMITTED BY/RETURN TO: WEST HALF OF SECTION 15 AND PART OF THE EAST HALF OF SECTION 17 AND ALSO BEING A R`.SIEDNISION OF / - 1 U` Ch.Brg.N.60°0 37'E Sieber,EngineersWHEATON SUBDIVISION,ALL IN TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN. Arc: 150 F7—7- ..„....---2"--- p`T 2E1 Elsennower'ane SOUSE ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10,2000 AS DOCUMENT NO.200000013808,SLOT 716, / Fad:260.00 25'.25' T-+ l- DI,Illinois.60148 AND 719,AND AS CORRECTED PER CERTIFICATES OF CORRECTION AS DOCUMENT N0.20000001+028 ANO SIGN v.5_MENT -+r" (630)256-D020 DOCUMENT NO.200000014055,IN KENDALL COUNTY,ILLINOIS. Ch.5r9.N.65-°S S'3b'E. C'nd:2305C, Arc:266.33' Space Reserved for Recorder's Office Rad: 3.000 \ t, /1 - nt — - ° 31.57' SIEBERI Kac:340.00 IOY2O ENGINEERS, INC. SIGN`EASEMENT-' Wh EATONJ 3 - ChB are:N 32'27021E Arc 10.06 N 98°22'03'E 351.32' ' I' „y 'p Chd.srg.N 75°25.24'E Rad:427,68 Z. ;„°.e '+ ^' : r.” Ghd:224.85' C Puwle U`uI1Ly A Drrn'aP�e= ent P=r Doc.No.2,4:000003.1 1 405 5 t 1 1 £ 1 T� / Arc 225.92' \ -r�� semi 9 / • Rad 500.00' _ - - /one srq. 3'aot Arc:-s �) ) i I`9 1, 25'Bu�Idlna:icSback Une t An.n .9B' Rae:340.00 �' - - Per Doc.Na.2000OOC14055 x 5. ('43'04'E. x7.61' 1 - \.... > / • / / - Am Rae:5 0.0 ossa Arc:23.32' Rad: 1160.61' I .7-, 261 EISENHOWER LANE SOUTH Pad:500.00' Cha&g:5C5°53'08'5 Chd:23.s1• m LOMBARD, IWNOIS 60148 cnaargNa;•4z'so-E I e Iw = PHONE (630) 268-0175 ti n n l Illinois Professional Design/ 0.°J E f% = NIo \2' / / �6ti 329A „411'-1'1..,../ _c TV '��. N.16 -- • JIGHT\Os. i'24 C7 b Ch.Brg.N 75°23'00'E -'-----/-''.-:-.''''''' HEREBY GRANTED N 89.5027.E ,-v e0 / To the United City of Yorkville lo.N' a - 150.55' ; CAD Foe 7115 / 10.00' 50.EA m nt For Ingress, c q S 00'12'00'E _ ESress A PvNic u0. .es Start Date 2-16-04 N N9H°19'45'E • 10.00 99.01' ' -k L 5 5.8536'2?E. )�1 �;,,�rcp��5 Ne9'SD'27'E �Iti Ibl_6y. A' 1 - Drawn by RWJ, daj Oc 25 'E O�N N Proposed Dullding N89.48.00-E 0.'D• 11 ` Designed by RPB 16.00 2 1100 Checked P,PB - H s00.0.DO \ \ LOT I �� a e - 3 Approved RPB 6.00' ^ N89.4800'E Watermain Easement 1. \ Charge 0205 HEREBY GRANTED 111___1000 - OWNERS CERTIFICATE To the United City of Yorkville No. Revision/Issue Dote N 89.48100•E 41 LOT 2 A 0oci N STATE DF ILLINOIS) )SS 10.00'ar b --t,,,..-\J1 A Issued for Review 12-16-04 (11, \ c COUNTY OF ) - \00 1200E &, V 1 N c 8 Revised Per City Review 1-3-05 p10.00' I OO D Ni THIS LS TO CERTIFY THAT THE UNDERSIGNED IS(ARE J THE OWNER(5)OF THE LAND DESCRIBED IN I N 139•48'oCE A O THE ATTACHED PLAT,AND HAS(HAVE)CAUSED THE SAME TO BE SURVEYED AND PLATTED AS Nio nQ •SUAW W.RV-vAE-PAAYAOR'eSES•ANW JRROSES AS-)NorunEDAWEREIN,AND DOES(DO)HEREBY m �j ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON INDICATED.ANY LOT 3 - \ w N STREETS SHOWN HEREON WITHIN THE BOUNDARIES OF THE SUBDIVISION ARE HEREBY DEDICATED ry c ., d FOR PUBLIC USE FOREVER IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS GOVERNING W O ` , K< AND CONTROWNG THE DEDICATION AND USES DF STREETS. 928,264 sq. ft. ��r ,n b g Tf ru p° THE UNDERSIGNED ALSO DO HEREBY STATE THAT TO THE BEST OF DUR KNOWLEDGE AND 2 I.3 I acres 5 BELIEF THAT THE LAND HEREIN IDES WITHIN THE BOUNDARIES OF THE YORKVILLE COMMUNITY • m SCHOOL DISTRICT#115 OF KENDALL AND KANE COUNTY,ILLINOIS. I N N89'48'00'E N 3 'n o546'0633'E 5.00' \ ,N w DATED AT IWNOIS,THIS_DAY OF 200_ 9'26 SDO'121001E w N89'4��•E x31.46 500' S _ V 27.50 �' vt 545'.7473.3'E 181001E a39.fi1' S00'12'00'� I --- .5, 2•/� 1 / Z= ( W SIGNATURE OF OWNER OF TRACT NH9'a 15.00' 27.5'0' Z N N • 10'Watermain Easement 0 m ADDRESS HEREBY GRANTED 2G6-'',..-.- y./ To the United City of Yorkville I 74,p536° Nu p,336 3p7 7g' S. N Q NOTARY CERTIFCATE .ci E N O STATE OF IWNOIS) 1 5-5. COUNTY OF ) • O ATCITY COUNCIL CERTIFICATION: -60 0 60 120 N I. A NOTARY PUBUC IN AND FOR TIE SAID COUNTY AND STATE I i H. 3 AFORESAID,DO HEREBY CERTIFY THAT WHO IS(ARE s- PERSONALLY KNOWN TO ME TO BE THE SAME PERSON(5)WHOSE NAME(S)IS(ARE)SUBSCRIBED TO A OA,,R8F I A.055 /'/ STATE OF ILLINOIS) - Own l=1. THE FOREGOING INSTRUMENT AS SUCH OWNER(S),APPEARED BEFORE ME THIS DAY IN PERSON AND ATI¢.. WA 200-"1 -' I SS. SCALE 1"=60' ACKNOWLEDGED THAT HE(SHE)(THEY)SIGNED AND DELIVERED THE SAID INSTRUMENTS AS HIS(HER) AO F Pc Dob' '-- COUNTY OF DEKALB ) (THEIR)OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SEI FORTH. , GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF . IN THE YEAR -- THIS IS TO CERTIFY THAT THE ATTACHED PLAT WAS APPROVED BY THE MAYOR AND THE CITY COUNCIL Prepared For, 200 ---/ � OF THE UNITED CITY OF YORKVILLE,ILUNOIS.THIS DAY OF AD 200_ Wesley Property -- . 204 West Wheaton Avenue BY: ART PROCHASKA ATTEST: Yorkville,Illinois 60560 JACKIE SKI NOTARY PUBLIC COMMISSION EXPIRE -- MAYOR CITY CLERK / Q , c074ea5'36� - SURVEYORS CERTIFICATE 1324 36 enFKW STATE OF I W NOT$) fO�NOa SS. PLAT OF EASEMENT 0,,,,4-' N •-''n' // COUNTY OF DUPAGE) N90°00'0C•E 209.62' ---- COMM far Up ' PUBLIC UTILITY&DRAINAGE EASEMENT PROVISIONSWatermain D\N _ -/ THIS I$TO CERTIFY THAT I,ROBERT P.BRt.UER,AN IWNOIS PROFESSIONAL LAND SURVEYOR. I HAVE N SURVEYED AND PREPARED THIS PLAT OF EASEMENT SHOWN HEREON. Lot 3 in Yorkville Business Center 9\- i-- ALL EASEMENTS FOR SERVING THE SUBDIVISION AND OTHER PROPERTY INDICATED AS EASEMENTS, Q\cr --- PUBLIC UTILITY EASEMENTS OR COMBINED PUBUC UTILITY AND DRAINAGE EASEMENTS ON THIS PLAT - SubdivisionV-- - ARE HEREBY RESERVED FOR AND GRANTED TO THE COUNTY OF KENDALL AND THE UNITED CITY OF ---1 - - GIVEN UNDER MY HAND AND SEAL THIS DAY OF JANUARY,A. 200 YORKVILLE,AND TO UTILITY COMPANIES INCLUDING.BUT NOT LIMITED TP,ILLINOIS BELL TELEPHONE COMPANY,NORTHERN ILLINOIS GAS COMPANY,COMMONWEALTH EDISON COMPANY,AND THEIR / RESPECTIVE FACILITIES USED IN CONNECTION WITH OVERHEAD AND UNDERGROUND TRANSMISSION I PreNn 8wmio, STATE OF ILLINOIS ) AND DISTRIBUTION OF GAS,WATER ELECTRICITYAND SOUNDS AND SIGNALS,TOGETHER WITH STORM 531 7.1 / 7115 WATER,SANITARY SEWER AND ANY OTHER FACILITIES USED IN THE TRANSMISSION,DISTRIBUTION DR COUNTY OF KENDALL)02 TPANSPDRARON OF ANY COMMODITY IN A LIQUID OR GASEOUS STATE IN.OVER,UNDER,ACROSS, LLROPO // ALONG AND UPON THE SURFACE OF THE ALLEYS,TOGETHER WITH THE RIGHT TO INSTALL REQUIRED FE A' Dom SERVICE CONNECTIONS OVER OR UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS 5,,,c,„ �P 11-30-04 Srbel TINIS INSTRUMENT NO. WAS nitRECORDERS OFFICE OF KENDALL COUNTY,IWN015 ON THE FILED FOR DAY YCOF MAY OBE REASONABLY REOU RED INCIDENT i0 THE RIGENT LOTS,THE RIGHT TO CUT, HTS HEREINM OR GIVEN,vE AND THE ERIGHT TOS AND OENTER V NTS OR(Y+E4N 4 / 200_AT_O'CLOCK,M. UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES.OBSTRUCTIONS SHALL NOT BE PLACED- eUN0t0 Yeo 1 of 1 OVER GRANTEE'S FACILITIES OR IN,UPON OR OVER THE PROPERTY WITHIN THE DASHED LINES MARKED gU. ' ` 1'=6O' PUBLIC UTILITY AND DRAINAGE EASEMENT WITH THE PRIOR WRITTEN CONSENT OF GRANTEES.AFTER - ROBERT P.BRAUER PROFESSIONAL LAND SURVEYOR 4035-2631 ` / INSTALLATION OF ANY SUCH FACILITIES THE moans nr THE..nears,.PRncrery cue„uns se --- •^(••^^^^••^••• ^•T" ••-•^••'•^^^^^--- LA-I .$... ° CI' r o United City of Yorkville Memo Ja ll! �` 800 Game Farm Road EST. - -ARi1836 Yorkville, Illinois 60560 ` Telephone: 630-553-8545 o ® � Fax: 630-553-3436 9� moo" �O Date: May 11, 2005 To: Tony Graff, City Administrator 1 \ From: Joe Wywrot, City Engineerj. t,-� CC: John Wyeth, City Attorney Liz D'Anna, Administrative Assistant Subject: Routine IDOT Highway Permit—Fox Hill Unit 6 Lot 2 Attached find one copy each of a proposed IDOT highway perruit and the corresponding resolution for construction of a right-in/right-out only entrance to the commercial property currently being developed at the SW corner of Route 34 and Sycamore Road. IDOT has a new statewide policy regarding highway permits. Previously permits would only be issued to the city if the work was being funded by the city or the permit was for the construction of a new public street that intersected with a state highway. In those instances, IDOT allowed the city to pass a resolution (in lieu of a bond) guaranteeing that the work would be done properly. The new policy is that for all work within state right- of-way, regardless of whether it is public or private, the permit will be issued to the city. IDOT requires a resolution from the city to guarantee the work. IDOT also requires that we supply a bond from the developer prior to issuing the highway permit. I recommend that this permit application and corresponding resolution be approved. Please place this permit and resolution on the Committee of the Whole agenda of September 20, 2005 for consideration. Illinois Department of Transportation Highway Permit District Serial No. PMT513ac1-9339 United City of Yorkville (We) Fox Hill Unit 6, Lot 2 c/o Leonard Dreas & Assoc. . 888 S. Edgelawn Drive, Suite 1725 (Name of Applicant) (Mailing Address) Aurora IL 60506 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known US Route 34 Section From Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located west of Sycamore Road. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a right-in/right-out bituminous surfaced commercial entrance and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a State approved stock pile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 Gradation). The State right-of-way shall be left in good condition. (No advertising matter shall be placed on the State right- of-way). (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of 20 Q5 Witness Signed Applicant 800 Game Farm Road 800 Game Farm Road Mailing Address Mailing Address Yorkville , Illinois 60560 Yorkville , Illinois 60560 City State City State SIGN AND RETURN TO: District Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation CC:Applicant (2) Field Engineer Final Inspection BY: Deputy Director of Highways,Region Engineer First: The Applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the District Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may'at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. RESOLUTION WHEREAS, the United City of Yorkville located in the county of Kendall, state of Illinois, wishes to construct a right-in/right-out commercial entrance along US Route 34 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said Department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be it resolved by the United City of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the proposed commercial entrance by the contractor and acceptance by the city, the city guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the contractor to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign - said permit in behalf of the United City of Yorkville. , hereby certify the above to be a (City or Village Clerk) true copy of the resolution passed by the City Council, county of Kendall, State of Illinois. Dated this day of A.D. 20 (Signature) (CORPORATE SEAL) RESOLUTION 11 ) `'t F&L DRAFT 08/26/05 ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2004-107 (RAINTREE VILLAGE II PROJECT) IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the "City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the"Application"); and c. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous and is outlined on the map of a portion of the City, which map is attached hereto as Exhibit B and made a part hereof; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2004-107 for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 25th day of October, 2005, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 011 598119.1 to consider the creation of the City of Yorkville Special Service Area Number 2004-107, in the Subject Territory. At the hearing, the following alternative methods of financing improvements within the proposed special service area will be considered: (i) the imposition or levy by the City of a tax in the proposed special service area sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year for special services under this ordinance within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of $1,000,000 in accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to exceed an aggregate principal amount of $10,000,000 to be evidenced by special tax bonds (including bonds issued to refund such bonds) of such area (the "Bonds"), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds, if issued, shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds, if issued, shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit C to this Ordinance. Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. 2 1.598119.1 Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED by the City Council of the City this September 27, 2005. PAUL JAMES MARTY MUNNS JASON LESLIE WANDA OHARE VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO Mayor ATTEST: City Clerk [SEAL] Published in pamphlet form , 2005. 3 011.598119.1 EXHIBIT A Legal Description 11.598119.1 EXHIBIT B Map of Special Service Area Number 2004-107 011.598119.1 EXHIBIT C NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-107 (RAINTREE VILLAGE II PROJECT) NOTICE IS HEREBY GIVEN that on October 25, 2005 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the City of Yorkville to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2004-107," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate street location is the area generally depicted on the map of a portion of the City, which map is attached as Exhibit 2 to this Notice. The general purpose of the formation of the City of Yorkville Special Service Area Number 2004-107 is to provide special municipal services to the area which may include: engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following alternative methods of financing improvements within the proposed special service area: (i) the levy of a tax by the City in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of$1,000,000 in accordance with the special tax roll referred to below, and (ii) the issuance of special tax bonds (including bonds issued to refund such bonds) in an aggregate principal amount not to exceed $10,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within forty (40) years from the date of their issuance. The bonds, if issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. 11.598119.1 r - At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2004-107 and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2004-107 is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 2 011.598119.1 A Exhibit 1 to Notice Legal Description of Property 11.598119.1 Exhibit 2 to Notice Map of Proposed Special Service Area 011.598119.1 $4'k�° ��© United City of Yorkville Memo 800 Game Farm Road EST. � •` 1836 Yorkville, •Illinois 60560 Telephone: hone: 630-553-4350 ® ® ` O Fax: 630-553-7575 Kendatl County cE ®tom` l Date: September 16, 2005 To: Committee of the Whole From: Bart Olson, Administrative Intern CC: Tony Graff, City Administrator Subject: Census building Staff sent out a memo to various property and office space owners a few weeks ago, asking them if they would be interested in negotiating with the City for office space for the census workers. Harold Oliver was the first and only owner to reply, and after preliminary negotiations, we have a standing offer to use the office space that formerly housed the Castle Bank. For roughly 3000 s.f. of office space,rents in Yorkville are anywhere from $3,000 to $4,500 per month. For our estimated 8 weeks of use, we have negotiated a $3,000 price; in which is $2000 for rent, and $1,000 for utilities. We expect to start the census in mid-October, as we are currently still trying to collect applicants.