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Public Works Packet 2004 04-26-04
(,60 c/7., United City of Yorkville iCounty Seat of Kendall County EST. 1836 800 Game Farm Road U) Yorkville, Illinois 60560 O I c 1 ,,. O Phone:630 553 4350 -Aja Kentla„.. v�2 Fax.630-553-7575 PUBLIC WORKS COMMITTEE MEETING AGENDA Monday, April 26, 2004 7:00 PM City Hall Conference Room Approval/Correction of Minutes: March 22, 2004 Presentations: 1. Facility Planning for Proposed Expansion of YBSD Treatment Facility by Philippe Moreau 2. Blackberry Creek Watershed Modeling by Bob Holmes of USGS New Business: 1. 307 & 309 Mulhern Court - Plat of Easement 2. USGS Joint Funding Agreements to Survey Channel Cross from Blackberry Creek 3. Bruell Street Pump Station - Change Order #1 4. Bruell Street Forcemain & Sanitary Sewers - Change Order #1 5. Raintree Village - ComEd Easements 6. Bid Schedules for 2004 Projects 7. Bristol Ridge Road Reconstruction 8. Water Department Report for February 2004 Old Business: 1. None Additional Business: Page i of 5 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING CITY HALL CONFERENCE ROOM MARCH 22, 2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Alderman Joe Besco, Chairman Alderman Richard Sticka Alderman Larry Kot CITY STAFF PRESENT: City Engineer Joe Wywrot Public Works Director Eric Dhuse City Attorney Kelly Kramer (until 7:10) GUESTS: None MINUTES The minutes from the December 22, 2003 meeting were approved with minor corrections. NEW BUSINESS Water Department Report for January 2004 The Committee reviewed the report. There were no questions or concerns. This item will be placed on the April 6, 2004 Committee of the Whole (COW) meeting consent agenda. Institutional Control Agreement for Fox Industrial Park Attorney Kelly Kramer reported that Yorkville National/Old Second Bank contacted the City regarding a pending sale of the former Wayne Circuit building in the Fox Industrial Park. There is environmental contamination on the property. In order to sell the property, the bank needs to enter into an Institutional Control Agreement with the United City of Yorkville whereby no wells will be drilled in that particular area until the environmental concerns are mitigated. The Committee discussed that a similar circumstance occurred with the Pride Pantry site. City Engineer Joe Wywrot stated that for this site there was a three-way agreement between the city, the EPA and the owners. Attorney Kramer explained that there is no expense or liability to the City. She indicated that at this time information is still not completely available to the City but should be in the next few weeks. When this is received, an agreement can be developed. Page 2 of 5 The Committee agreed that when the agreement is done, this item should move on to a future COW. North Tower Watermain Easement Mr. Wywrot reported that the easement for access to the north water tower was signed by Inland and the Mayor and recorded however it was never ratified by the Council. The Committee had no questions or concerns regarding the easement. This item will be placed on the April 6, 2004 Committee of the Whole (COW) meeting consent agenda. Corneils Road Overlay Mr. Wywrot reported that Bristol Township is planning to overly Corneils Road from Bristol towards Route 47. The Township has asked the City to participate in the project so that the 1/4 mile east of Route 47 (Herrin property)which is annexed to the City can also be overlaid. The estimated cost for the project is $15,000.00. This is not in the budget and MFT funds cannot be used. Mr. Wywrot indicated that he would discuss funding with Finance Director Traci Pleckham and report back to the Council. The Committee agreed that the City should participate in the project. This item will be placed on the April 6, 2004 Committee of the Whole (COW) meeting regular agenda. Request for an Ordinance to Ban Depositing Snow in the Street Director of Public Works Eric Dhuse asked the Committee to consider developing an ordinance banning the depositing of snow from driveways, parking lots, etc. on city streets. He noted that the fines in his March 12, 2004 memo to Chairman Besco were taken from Oswego's ordinance. The Committee discussed the need for the ordinance and enforcement and agreed that Mr. Dhuse should work with Attorney Kramer in developing an ordinance. Mr. Dhuse stated he would get a draft ordinance developed before the next COW meeting. This item will be placed on the April 6, 2004 Committee of the Whole (COW)meeting regular agenda. Truck Purchase for Public Works Mr. Dhuse reported that he would like to move forward with the purchase of a new 1 ton dump truck with a dump box, snow plow, spreader, light package,tool box and tools to outfit for use in the street department. The purchase would be part of the MPI project; they have prepaid fees to the Capital Purchase Fund and there is$38,000.00 in the budget. He indicated that the cab and chassis would be a state purchase and would take six to eight weeks to get. The Committee agreed with Mr. Dhuse's proposal. Mr. Dhuse indicated that he would get bids together for the next COW meeting. This item will be placed on the April 6, 2004 Committee of the Whole(COW) meeting regular agenda. Page 3 of 5 York Meadows Apartments—Final Acceptance of Public Utilities Mr. Wywrot reported that the punchlist for York Meadows is complete. He recommended that the City accept the public utilities for ownership and maintenance and reduce the letter of credit to 10% for a one-year warranty period. The Committee agreed. This item will be placed on the April 6, 2004 Committee of the Whole (COW) meeting consent agenda. Intermediate School Water Service Mr. Wywrot reported on the lack of water pressure on the second floor of the new Intermediate School. He went over his March 16, 2004 memo to Administrator Graff regarding cost estimates for improving the water pressure. He noted that if the School District installs an in-school booster pump, they may ask the City to fund the cost. He stated that he spoke with Brian DeBolt and he thought that the domestic water service was tied in downstream of the reduced pressure zone (RPZ)which reduces the pressure of the domestic system. Bypassing the RPZ would increase the PSI by ten. Mr. Wywrot stated that he could verify this if he could get copy of the building plans. Mr. Wywrot explained the purpose of the RPZ valve; it is required for boiler systems and fire sprinklers but not the domestic water system. Mr. Dhuse indicated that he saw the plans and that there is a RPZ valve on the domestic system. Mr. Wywrot stated that a static pressure test was done on a fire hydrant outside the building and the result was forty-three. Mr. Wywrot stated that he did not recommend a long water service from the high pressure zone to the building. The Committee discussed the cost involved to improve the buildings water pressure, a booster pump located in the building, bypassing the RPZ valve, and the PSI needed to effectively service the second floor. It was the Committee's recommendation that Mr. Wywrot explore his idea regarding the RPZ valve and bring the results back to a future COW meeting. 1004 Sunset Avenue—PCC Driveway Repair Mr. Wywrot reported that due to a watermain break, the driveway at 1004 Sunset was damaged. The owner of the property, Ralph Pfister, obtained a proposal from Willman& Groesch in the amount of$1,725.00 to replace the driveway. Mr. Pfister has asked that the City pay him and he will contract for the work. The Committee agreed to this and instructed Mr. Wywrot to notify Mr. Pfister of their decision. Consolidation of Utilities Ordinances Alderman Besco suggested that all the City's utility ordinances be updated and condensed into one. He stated that residents ask for the ordinances and this would simplify things. The Committee discussed the need for this and it was suggested that as the water ordinances are currently being reviewed and updated, a fact sheet could be Page 4 of 5 developed for residents. The fact sheet could include information such as water meters information, snowbird policy, rates,the Yorkville-Bristol Sanitary District(YBSD) fee schedule, etc. The Committee decided to discuss this with Administrator Graff and ask him to have staff develop the sheet. Once developed, the fact sheet would return to the Committee for review. Grande Reserve Watermain Easement Mr. Wywrot reported that an easement is needed to transport water from Well#9 to Well #8. Engineering Enterprises, Inc. (EEI) has reviewed the easement and recommends approval. The Committee had no questions or concerns regarding the easement. This item will be placed on the April 6, 2004 Committee of the Whole (COW)meeting consent agenda. Cannonball Trail Booster Station& South PRV Station—Results of Bid Opening Mr. Wywrot reported on the results of the bid opening for the Cannonball Trail Booster Station& South PRV Station. All the bids were below the engineers estimate. He noted that EEI would be providing a letter of recommendation and he would get this before the next COW meeting. The Committee had no questions or concerns regarding the bids. This item will be placed on the April 6, 2004 Committee of the Whole (COW)meeting consent agenda OLD BUSINESS Sewer Rate Connection Fee Mr. Wywrot asked that this be tabled until the April Public Works Committee meeting. He stated that he, Mayor Prochaska, Administrator Graff and Mrs. Pleckham would be meeting with Deuchler in a few weeks and he would have more information after that meeting. This item will be placed on the April Public Works Committee meeting agenda. ADDITIONAL BUSINESS Press Releases Alderman Kot asked if press releases on City projects could be prepared to keep residents updated as to projects around the City. Mr. Wywrot stated that he would have the Engineering Assistant,Jennifer Woodrick prepare press release information for the next COW meeting. Page 5 of 5 Hydraulic Street Project Alderman Kot inquired to the status of the Hydraulic Street Project. Mr. Wywrot indicated that he submitted for permits from Illinois RailNet and the Illinois Environmental Protection Agency. The cost of the permits will be brought to the Committee. The project is scheduled to begin in June 2004. MilUVan Emmon Watermain Project Mr. Wywrot reported that there was going to be a resumption of construction meeting with Dennis Dwyer later in the week for the remainder of the work to be done on the MillVan Emmon watermain project. He stated that selective spots on Van Emmon would be ripped up beginning in April. City Truck Logo City Clerk Milschewski asked if the new City vehicles were going to have logos put on them. Mr. Dhuse stated that a new logo was being designed and the lettering is in the budget. Stop Signs on Van Emmon and Heustis Alderman Sticka commented that he liked the new stop signs on Van Emmon and Heustis. Mr. Dhuse stated that the new larger"cross traffic" signs were installed earlier in the day. He also noted that stop bars will be painted on the pavement in the spring. Muihern Gravel Alderman Besco noted that the gravel at the site of the watermain repair on Mulhern Court had dropped. He asked Mr. Dhuse if he could have the drop filled in. Mr. Dhuse noted that the asphalt plants were scheduled to open the beginning of April so this should be repaired soon. Street Signs Alderman Kot noted that the City of St. Charles has attractive street name signs. He asked if new signs were ever investigated for the older part of the City. Mr. Dhuse noted that decorative signs are expensive. Empty Lot on Route 47 Alderman Sticka noted that there is an empty lot on Route 47 near the motel that has a boat and a few cars on it for sale. He noted that it was beginning to look like a junk collection. The Committee determined that the lot was not annexed to the City and Alderman Sticka stated that annexing the lot to the City should be discussed at the Economic Development Committee meeting. There was no other additional business. The meeting was adjourned at 7:55 P.M. Minutes submitted by Jackie Milschewski, City Clerk YORKVILLE - BRISTOL SANITARY DISTRICT FACILITY PLAN Developments in Progress 8 o � 6.5 4 3. 9 O • • gal, A J • LL 2 1 0 i "zr C) 0 C:7 r N O O O N N YEAR CONSTRUCTION 24 Months L.a 1 elcC DESIGN 18 Months Ct U- L,1.,1 IEA/PUBLIC APPROVIAL ' 12 Months h FACILITY PLAN 18 Months c N C7 C7 r _ CV CV N': YEAR NC.j N ➢ Original purpose Originally a mandatory requirement under the CWA of 1972 to obtain a Federal Grant for a water pollution control project > Current purpose 1 . A planning tool for owners to understand the current situation and prepare for the future 2 . Inform governmental agencies of the owners status and plans to meet objectives 3 . In some cases a mandatory requirement to obtain a low interest revolving loan 4. Allow for public input into the planning process particularly : a. Project costs b. Sources of revenue to fund project c. Environmental concerns CONTENTS OF A FACILITY PLAN Step 1 - Effluent limitations Step 2 - Assess current situation A . Existing conditions in the planning area 1 . FPA, political jurisdictions, soils , hydrology B . Existing WWTP flows C . Infiltration/Inflow D . Performance of existing system Step 2 - Assess current situation BOTTOM LINE "Where are we at and how are we doing " Step 3 - Assess Future Situations A. Planning period (5, 10, 20 years?) B . Land use — projected/ regulated C. Demographics & Economic projections D . Forecast of flow and wastelands E . Future environment of planning area without project Step 3 - Assess Future Situations BOTTOM LINE "What is going to happen " Step 4 - Develop and evaluate alternatives A. Optimum operation of existing facilities B . Alternative wastewater treatment systems 1. Flow and waste reduction 2. Treatment and reuse 3. Land application of effluent 4. Biosolids disposal 5. Location of the facility 6. Phased construction Step 4 - Develop and evaluate alternatives BOTTOM LINE "What are the various approaches to the problem " Step 5 - Select a plan A. Environmental effects B . Monetary costs — cost effective analysis C. Feasibility D . Reliability Step 6 - Preliminary design of treatment works Step 7 - Arrangement for implementation A. Financial program development B . Agreement among participating entities on implementing plan C. State approval BIGGEST ISSUES FOR YORKVILLE - BRISTOL A . Funding B . Effluent standards 1 . Current standard for nutrients a . Ammonia (April to October 2 . 1 mg/I) ( Nov . to March 3 .4 mg/I ) b . Phosphorus ( No Standard) c. Total Nitrogen ( No Standard) 2 . Possible future standards a . Ammonia (specific basins may be as low as 0 . 1 mg/I ) b . Phosphorus ( < 1 . 0 mg/I) c. Total Nitrogen (3-7 mg/I) C . Obtaining NPDES permit that is acceptable to all interest groups D . 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'� J s�l"� ik �' 's �,j,- __�.,, --‘,3, � '';,.'_ 1t$ e T 1 ,7 1L' LJ ( k"'¢ J-'+4a' --�,I �Jq�"• _ I "t_, ti. tr_.-1.4'.2-.4.1 -,;,,t,-,, ,,t)':...,1 h �`�` f '77—:-s,a f -,...t,-,j.4. z ,.... �'�"�..:• 1 4�';I. LI f•_________---‘,--' �`L 'fir 4� - -.,�,,' u,1 I � ? 'y' Ly.s, 4y=: ` r 177 ,,•r._ HAr. ~`---'°T,} ` �f,;.4� s`''ue 6 '4,- -cam � s �_ r . -I."2.-.'-',<L7.27i,;-%. ,.-.:•,'Szr,:,-. ':;;,, ,-',,,`_;A_T.7.7 ,-.7-2--7,-. ,,_ - 4:.47-4,I'*;91,..Cr-l', 7 ' 77;,:•,'"7777":-'7. 777 is ti,( Pt*,..,.. ...w ".--:j, ... .z ".�€"�' .•,s..vz.,..z. r ht i.'-e«.+1.'".-_-- Qiitv 4 '�.-, mr y ,--.-- ti j -� 5 _ _ UOISSflDS ! Q APR-13-04 TUE 10:55 All US GEOLOGICAL SURVEY FAX NO, 1 217 344 0082 P. 01 221 North Broadway Avenue,Urbana,Illinois 61B01 217.344.0037,extension 3053 V.S. Geological Survey 217.344.0082(tax) Fax To: Liz D'Anna From: Donna Ayers Fax: (630)553-7575 Pages: 4 Phone: (630)553-8531 Date: 4/13/2004 Re: April 26 Meeting CC: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle Please call if you have any questions. APR-13-04 TUE 10:55 AM US GEOLOGICAL SURVEY FAX NO. 1 217 344 0082 P. 02 PROJECT PROPOSAL FLOODPLAIN AND FLOODWAY MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY, ILLINOIS Prepared for City of Yorkville, Village of Montgomery, and Kendall County 12.Y U.S. Geological Survey, WRD 221 North Broadway Urbana, Illinois 61801 (217) 344-0037 Ext. 3055 (David Soong) (217) 344-0037 Ext. 3024 (Tim Straub) Mach 22, 2004 APR-13-04 TUE 10;55 AM US GEOLOGICAL SURVEY FAX NO, 1 217 344 0082 P. 03 FLOODPLAIN AND FLOODWAY ANALYSIS AND MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY Objectives: 1) Formulate an updated, versatile, and accurate computer model for Blackberry Creek in Kendall County 2) Produce FEMA approved flood-insurance rate maps 3) Develop an interactive Web site for displaying results Benefits: • FEMA approved flood-insurance rate maps can be used to minimize loss of life and property from flooding. • Results and maps can be accessed easily through the Internet • Tool for educating the public on complex issues • User-friendly Windows based software for modeling and analyzing results (training of staff included) Budget(Federal Fiscal Year(FFY)is from October 1—September 30): • FFY 2004 = $92,000 • FFY 2005 = $90,000 • FFY 2006 = $21,000 Future Benefits: • Model effects of future land use scenarios to make informed decisions about development • Model and resolve/avoid potential conflicts among landowners. • Analysis of hydraulic properties needed for installing stream restoration practices • Model water quality simulate the movement of pollutants through a watershed APR-13-04 TUE 10:56 AM US GEOLOGICAL SURVEY FAX NO, 1 217 344 0082 P. 04 GENERAL DETAILS ON MODELS Hydrology Model The development and application of mathematical models to simulate the movement of pollutants through a watershed and thus to anticipate environmental problems has been the subject of intensive EPA research for a number of years. An important tool in this modeling approach is the Hydrological Simulation Program-FORTRAN (HSPF) (Bicknell and others, 2000), which uses computers to simulate hydrology and water quality in natural and man-made water systems. HSPF is designed for application to most watersheds using existing meteorologic and hydrologic data. Although data requirements are extensive, HSPF is thought to be the most accurate and appropriate management tool presently available for the continuous simulation of hydrology and water quality in watersheds. Rosemarie C. Russo, Ph.D., USEPA HSPF is used to simulate water quantity and quality for numerous scenarios involving changes in land use, land-use management practices, and water-management operations. To assist with that process, an interactive computer program, GENeration and analysis of model simulation SCeNarios (GenScn),was developed to create simulation scenarios, analyze results of the scenarios, and compare scenarios. Hydraulic Model The HEC-RAS (Hydrological Engineering Center- River Analysis System) hydraulic model (U.S. Army Corps of Engineers, 2001) is intended for calculating water surface profiles for steady gradually varied flow in natural or man-made channels. Effects of various obstructions such as bridges, culverts, weirs, and structures in the floodplain may be simulated in the computation. The HEC-RAS has enhanced the enhanced graphical user interface (GUI) for data and result organization; has the capacity of computing with a mixed flow regime (sub-, super-critical and mixed flows). Floodplain delineation and floodway determination can be done with HEC-RAS and the HEC-RAS also is an accepted computer model by FEMA for NFIP usage. References Bicknell, B.R., Imhoff, J.C., Kittle, J.L., Jr., Jobes, T.H., and Donigian, A.S., Jr., 2000, Hydrological simulation program-FORTRAN (HSPF): User's manual for release 12: U.S. Environmental Protection Agency Research Laboratory, Athens, Ga, U.S. Army Corps of Engineers, 2001, HEC-RAS River Analysis System, Hydraulic Reference Manual -Version 3.0.1.: Hydrologic Engineering Center,U.S. Army Corps of Engineers, Davis, Calif., various chapters plus appendices. . . aryitbt&. --r-.-4.0-,•,.,-,=,...11;: ,,,,,TNYAMINWRa W1-•;-‹**,;,,S,,.--r ill.rgr-:::.333.'$,I>41',:--14.,44," 1,,el&C-6 5 4-.e5r-›A--1,g;z:--,w-4.0.:eq.-r..,-Pni..vN .P.,*-.;•An-‘,.1 1:Atl*OW.**.ktVNio ,.iir ,---..,-.., ‘SKOVA4V•i.I.PECNk-.I"'''..if,6 41>''",-' oa.- ,4-671-ri rn,V•14..vkk -,,2-5.rz-',f P.,044.=7,-,,,-.9;51%,-. 7'(.. ,.., -- -,,,_4,., ., .,-,- -r... •?k,?.n::,,,,,---;rkP :*:',-;'s.142%'•0 •1,1 4,.-2-=`,T4SSe i'.:".444s%',4 jitA,,a. tad4fd: C's Ar,.....,..V ...>•:,,S_ ,'",--v-%..N.,....-. - il /pal 40/ C2ef Date: Thursday, April 08, 2004 q/Z(0/ °Y/0121* To: USGS ylVoY Robert Holmes, Jr.! Donna Phone: 217-344-0037 XL, Fax: 217-344-0082 / From: United City of Yorkville / Annette Williams Phone: 630-553-8532 Fax: 630-553-7575 Pages: 3 Subject: see attached c ja_e_j/a- cct.H .0-a I ( --- b() 4/z0 ? k , Page 1of2 Subj: FW: Blackberry Watershed Modeling Date: 3/31/2004 8:43:30 AM Central Standard Time From: JWilkins@co.kendall.il.us ,To: COYSECRETARY©aol.com Sent from the Internet (Details) i Annette- Please forward to Tony. I sent to another address and it did not work. fr" �,/ Thanks. 7 Jeff Original Message From: Jeff Wilkins Sent: Wednesday, March 31, 2004 8:46 AM To: 'Kosky, Karen' Cc: Tony Graff (yrkzadmnr201@aol.com); Anne Marie Gaura (guara©ci.montgomery.il.us); Jason Pettit; Jerry Dudgeon; Mike Waldron (mike.waldron©strand.com); 'John Church' Subject: RE: Blackberry Watershed Modeling Karen- I am forwarding your email to pertinent County staff, Board Chair, and our consultant, as well as the City Managers for Yorkville and Montgomery. They might contact you directly to view the preliminary model or to request their consultants review the model. Regarding the request by Rick Munson, I am not sure if the property owner would be in Montgomery, Yorkville or unincorporated Kendall County. I would like a chance for the appropriate jurisdiction to review the model before access is given to property owner consultants. Also, I am assuming the data is not yet subject to FOIA. Thank you for the contact. I am glad your project is progressing well. Jeff Wilkins • Kendall County Administrator Original Message From: Kosky, Karen [mailto:koskykaren@co.kane.il.us] Sent: Tuesday, March 30, 2004 3:35 PM To: Jeff Wilkins Subject: Blackberry Watershed Modeling Jeff: I spoke with you some time ago regarding the work that USGS is doing in Kane and Kendall counties - remapping the floodplains of the Blackberry creek watershed. The USGS has finished a draft of the models, and has it out for municipal and county review. We've had several requests in Kane from consultants who want to review or see the data - and we've given them access to it with the disclaimer that the data is still preliminary, and the models will likely be revised before the data is finalized. A consultant from Kendall county (Rick Munson, Simmons & Assoc.)just contacted us to request permission to view the data - his client is looking to buy property somewhere in Kendall along Blackberry Creek for a development. I told him I would check with you. Please let me know if you'd like me to call with more information, or pass this on to anyone else at Kendall to discuss. Thanks, Karen Kosky Karen Kosky Wednesday, March 31, 2004 America Online: COYSECRETARY Blackberry Modeling Phase I Work Completed Kane Responsible Party Description Cost USGS Blackberry Modeling $ 638,300.00 USGS Blackberry Floodway Analysis $ 40,000.00 USGS Additional Survey $ 19,800.00 Smith Engineering Survey $ 32,256.00 TOTAL $ 730,356.00 Funding Applied Party Funding Source Amount USGS Federal Coop Cost Share $ 329,050.00 Kane County County Funds $ 361,306.00 FEMA CTP Grant $ 40,000.00 TOTAL $ 730,356.00 Work Completed,11M11-Kendall ___�_ .__ Kendall County Blackberry Modeling Party Description Amount IDNR Survey $ 25,000.00 TOTAL $ 25,000.00 Funding Applied-Kendall Party Funding Source Amount IDNR Survey- in kind work $ 25,000.00 TOTAL $ 25,000.00 Grand Total, Phase I: $ 755,356.00 Grand Total Funded,Phase I: $ 755,356.00 APR-13-04 TUE 10:55 All US GEOLOGICAL SURVEY FAX NO 1 217 344 0082 P. 02 PROJECT PROPOSAL FLOODPLAIN AND FLOODWAY MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY, ILLINOIS Prepared for City of Yorkville, Village of Montgomery, and Kendall County by U.S. Geological Survey, WRD 221 North Broadway Urbana, Illinois 61801 (217) 344-0037 Ext. 3055 (David Soong) (217) 344-0037 Ext. 3024 (Tim Straub) Mach 22, 2004 APR-13-04 TUE 10;55 AM US GEOLOGICAL SURVEY FAX NO. 1 217 344 0082 P. 03 FLOODPLAIN AND FLOODWAY ANALYSIS AND MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY Objectives: 1) Formulate an updated, versatile,and accurate computer model for Blackberry Creek in Kendall County 2)Produce FEMA approved flood-insurance rate maps 3) Develop an interactive Web site for displaying results Benefits: • FEMA approved flood-insurance rate maps can be used to minimize loss of life and property from flooding. • Results and maps can be accessed easily through the Internet • Tool for educating the public on complex issues • User-friendly Windows based software for modeling and analyzing results (training of staff included) Budget (Federal Fiscal Year(FFY)is from October 1—September 30): • FFY 2004 = $92,000 • FFY 2005 = $90,000 • FFY 2006 = $21,000 Future Benefits: • Model effects of future land use scenarios to make informed decisions about development • Model and resolve/avoid potential conflicts among landowners. • Analysis of hydraulic properties needed for installing stream restoration practices • Model water quality simulate the movement of pollutants through a watershed APR-13-04 TUE 10 56 AM US GEOLOGICAL SURVEY FAX NO, 1 217 344 0082 P, 04 • GENERAL DETAILS ON MODELS Hydrology Model The development and application of mathematical models to simulate the movement of pollutants through a watershed and thus to anticipate environmental problems has been the subject of intensive EPA research for a number of years. An important tool in this modeling approach is the Hydrological Simulation Program-FORTRAN (HSPF) (Bicknell and others, 2000), which uses computers to simulate hydrology and water quality in natural and man-made water systems. HSPF is designed for application to most watersheds using existing meteorologic and hydrologic data. Although data requirements are extensive, HSPF is thought to be the most accurate and appropriate management tool presently available for the continuous simulation of hydrology and water quality in watersheds. Rosemarie C. Russo, Ph.D., USEPA HSPF is used to simulate water quantity and quality for numerous scenarios involving changes in land use, land-use management practices, and water-management operations. To assist with that process, an interactive computer program, GENeration and analysis of model simulation SCeNarios (GenScn), was developed to create simulation scenarios, analyze results of the scenarios, and compare scenarios. Hydraulic Model The HEC-RAS (Hydrological Engineering Center- River Analysis System)hydraulic model (U.S. Army Corps of Engineers, 2001) is intended for calculating water surface profiles for steady gradually varied flow in natural or man-made channels. Effects of various obstructions such as bridges, culverts, weirs, and structures in the floodplain may be simulated in the computation. The HEC-RAS has enhanced the enhanced graphical user interface (GUI) for data and result organization; has the capacity of computing with a mixed flow regime (sub-, super-critical and mixed flows). Floodplain delineation and floodway determination can be done with HEC-RAS and the HEC-RAS also is an accepted computer model by FEMA for NFIP usage. References Bicknell,B.R., Imhoff, J.C., Kittle, J.L., Jr., Jobes, T.H., and Donigian, A.S., Jr., 2000, Hydrological simulation program—FORTRAN (HSPF): User's manual for release 12: U.S. Environmental Protection Agency Research Laboratory, Athens, Ga. U.S. Army Corps of Engineers, 2001, HEC-RAS River Analysis System, Hydraulic Reference Manual —Version 3.0.1.: Hydrologic Engineering Center,U.S. Army Corps of Engineers,Davis, Calif.,various chapters plus appendices. Blackberry Modeling Phase I Work Completed-Kane Responsible Party Description Cost USGS Blackberry Modeling $ 638,300.00 USGS Blackberry Floodway Analysis $ 40,000.00 USGS Additional Survey $ 19,800.00 Smith Engineering Survey $ 32,256.00 TOTAL $ 730,356.00 Funding Applied Party Funding Source Amount USGS Federal Coop Cost Share $ 329,050.00 Kane County County Funds $ 361,306.00 FEMA CTP Grant $ 40,000.00 TOTAL $ 730,356.00 Work Completed-Kendall Kendall County Blackberry Modeling Party Description Amount IDNR Survey $ 25,000.00 TOTAL $ 25,000.00 Funding Applied-Kendall Party Funding Source Amount IDNR Survey-in kind work $ 25,000.00 TOTAL $ 25,000.00 Grand Total, Phase I: $ 755,356.00 Grand Total Funded, Phase I: $ 755,356.00 a UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator ,44, From: Joe Wywrot, City Engineer Subject: 307 & 309 Mulhern Court —Plat of asement Date: March 23, 2004 Attached find a plat of easement for new city utilities required to serve the referenced development. The plat also includes perimeter easements for future utilities. Please place this plat on the Public Works agenda of April 26, 2004 for consideration. If you need additional information, please see me. Cc: Dan Kramer, City Attorney Liz D'Anna, Deputy City Clerk Pete Huinker, Smith Engineering Consultants, Inc. SMITH ENGINEERING CONSULTANTS, INC. • CIVII./STRINEENGINEERS AND SURVEYORS BRIDGE202 S srxeer PLAT OF EASEMENT IS°3 'e•nO a-000-380 0B m.Ihea4taearUy.8ew manus.cam YCHEYRT •TOWMIIE ILLINOIS PROFESSIONAL DESIGN FIRM•# 184-000108 COUP.FILE: 030641-plat-ease.Leg PLOT FILE.STANDARD NEW Loyoatl 4.50' GRANTOR'S CERTIFICATE GRANTEE'S CERTIFICATE 585'73.00"E STATE OF ILLINOIS ) STATE OF ILUNOIS ) RECORDER'S CERTIFICATE' o SS )SS COUNTY OF KENDALL O COUNTY OF KENDALL) STATE OF ILLINOIS ) % The undersigned, ) S.S. Q This to certify that the undersigned as Grantee o1 COUNTY OF KENDALL) Etlt s the Easement described and granted hereon does certify that p,5E1'I 45 I on this day of This instrument filed for record in the Recorders Office of 3NI' is the AD..2004, this Plat of Easement and Grant of Easement was Kendall County, Illinois an this day of V holder of record title to the land described herein duly appro M A as to form. k0., 2004, at O'Clock M by Instrument No. O"( NTeR, ISI and does hereby grant the easement hereon drown G / � uto for BY: the purposes set forth on the above described Plot ,( '�G✓Ip ,01''''j / oI of Easement Its COUNTY RECORDER G G1'NL o FT IATTEST KI dated this day of A.D., 2004. Q Its c / oLfile o.. By, owns) 0Bt,I 5Ep 2150• 4.95' PP NOTARY 585'15'00"E II NOTARY CERTIFICA IE Orr COUNCIL CERTIFICATE STATE OF ILLINOIS ) \N642722"E 1NG, 2J f STATE OF ILLINOIS ) )55 E0lsi� �, )5.5.S COUNTY OF KENDALL) / IIII COUNTY OF KENDALL) 10 00' I� Approved by the City Council of Yorkville.Illinois this �- 5'UTILITY EASEMENT..----- day of A D,2004. 85 PER DOC. No. 75-6113 and for said /N80'S5'31"E \'''. �, I. 0 Notary Pubic In r / Gi0 \vj County and State aforesaid, do hereby certify that / I \ \_\C FT\ \�i o P O. personally Known to me to be the OC ,( G President of \QJO }G��/- \5\\� to II known to me rto be corporation. andMayor \....- \ Y' persona y 0.3' S PG V� oo- Secretory of said corporation and personally known to me to be ATTEST O 10•� Y ' 2 0, 2In the same persons whose names subscribed to the foregoing City Clerk �G � ' � ,G/e) 001 0 acknowledged hat a such me this day n person and Preside lit and 1 nQ ` el nS O.� S 1\v s as Secretary, they signed and delivered the said 0 V c2 6MI 0 I instrument a President and 0 Secretary of said corporation, and caused CITY CI TRK'S CFR TIRCA TF Q� f� po Q the corporate seal of said corporation to be affixed thereto, \� m s STATE OF ILLINOIS ) IOs C Por ant n the their and by the Board of Directors of said ' t or corporation as the r Tree and voluntary act and the free and )55 [t IL,, F^ voluntary act and deed of said corporation, for the uses and COUNTY OF KENDALL '�: /� Z purposed therein set forth. I City Clerk of the City of Yorkwlle TO Illinois,do hereby certify that there are no delinquent or unpaid current or 10 yTJ . o - J GIVEN under my hand and notor al seal this day of forfeited special assessments or any deferred installments apportioned against O 2004. the tract includedinthis plot. Io �N 1 ,■iO 1 _ �+[ Doted of Yorkville Kendall County,Illinois, this L. day of .2004. 0 alI I_ W Notary Public ' I` U City Clerk m UNITED CITY OF YORKVILLE MR I I ow J Q EASEMENT PROVISIONS 0 I p(NG .' I PUBLIC UTILITY AND DRAINAGE EASEMENT P Ei<151-ING L!L 1j I. A NOW-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH, NICOR, COM ED,JONES INTERCABLE, ¢� Q 12.0' OTHER PUBLIC UTILITIES,AND HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORK MLLE ILLINOIS,AND THEIR 21 4 5 W O RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS SHOWN ON THE PLAT AS"PUBLIC UTILITY&DRAINAGE EASEMENT SURI•£YISR'S CERTIFICATE O Ur (abbreviated P U &DE.) TO CONSTRUCT INSTALL,RECONSTRUCT REPAIR,REMOVE REPLACE, INSPECT MAINTAIN AND OPERATE \ I �•� 7 Q i l U UNDERGROINO TRANSMSSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE SURFACE OF THE"PUBLIC UTILITY& STATE OF ILLINOIS J V p./ I DRAINAGE EASEMENT',INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLE, GAS MAINS, ELECTRIC UNES, CABLE TE.`.£NSItYN )55 LINES, AND ALL NECESSARY FACILITIES APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE (\, PERSONNEL AND EQUIPMENT NECESSARY AND REONRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE RIGHT TO COUNTY OF KENDALL) 4.1 1BUILDING .0 O INSTALLREQUIRED SERVICE CONNECTIONS UNDER HE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON o [SETBACK LINE 0` / / I.Crag L. Duy,Illinois Professional Lond Surveyor Number}}59 do 9 2 hereby certify that the Plat of Easement hereon drown was A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE,ILLINOIS TO previous survey maps p ,�Q ti T CONSTRUCT INSTALL, RECONSTRUCT REPAIR,REMOVE,REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND prepared usinginformation and lots and -- ,y a11111 other instruments of record for the uses and purposes herein set SLP f] DISTRIBUTION OF WATER, STORM SEWERS, SANITARY SEWERS AND ELECTRICITY WITHIN THE AREAS SHOW ON THE PLAT AS property 1 R=55.00' ti0 Cf 9 > -- 70" forth,of the Hereon described t w / "PUBLIC UTILIry&DRAINAGE EASEMENT, TOGETHER WTH A R/GHT OF ACCESS THERETO FOR 7Hf PERSONNEL AND£WIPMENT Dated at Yorkville,Kendall CountyIllinois A D. 2004. =0""6.05 VJoC e{ ,Lt NECESSARY AND Rft7UIRED FOR SUCH USES AND PURPOSES C8---S86.33.1a'E a"/ QI" 0 'L\ p-3, 4.5• CH=6215' O \xC Ai' Fr 1 I 12 I THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES ^1 0,5 HEREIN SET FORTH AND THE RIGHT TO CUT TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS / 50' Sk DESIGNATED AS"PUBLIC UTILITY AND DRAINAGE EASEMENT WHICH INTERFERE W1 TH THE CONSTRUCTION, INSTALLATION, III Professional Land Surveyor No. 3359 --�I RECONSTRUCTION,REPAIR, REMOVAL. REPLACEMENT MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND \158.,...-s / I R=55.00' I I License expiration date 1I/}0/2004 ' \V\,/' HERESY f DISTRIBUTION SYSTEMS ANO FAClU7IES APPUR]ENANT IHER£T0. NO PERMANENT BUILDINGS, STRUCTURES. O4 OBSRtUC770N5 L _S250. _ SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS"PUBLIC UTILITY&DRAINAGE EASEMENT,OUT SUCH V, ''''..,J./ / G9=525 55 59 t 10.00' AREAS MAY BE USED FOR GARDENS, SHRUBS. TREES,LANDSCAPING DRIVEWAYS, AND OTHER RELA TO PURPOSES THAT DO NOT 'L; CH=29 93' S69'09'077,7 ,.I I UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. -9ZS20'S0'SJ"'W 73.26' .p 0. 10 66' 5' THE CCUPA TTON AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED ANO RESERVED FOR THE ABOVE NAMED W EXISTING R.O.W ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE THE MULHERN COURT \ 16 94' N85'15 a7"E �..1 CROSSING SON AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE GRANTED ANO RESERVED. THE JQ� 50• ` CROSSING ANO RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS 5 0• 020'50'53"E �'�` 1 NT }� '. ' 2 W P.O.C. TO NOT INTERFERE MTH,THERETO EXISTING WITHIN DAMAGE, THE EASEMENTS BEING CROSSED DISTURB ANY MOR RECROSSED.AND SrnNODTION SYSTEMS AND U OR OCCUPA DON OF SAID EASEMENTS BY S APPURTENANT `- 576'03 I 5.28' THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OP IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS \^\ Q N85 5•7"E 58.92_ a6' A�2EYIA770N LEG61D OU HEREBY.GRANTED , 02. I P.0 B. FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS c /-' I.. HEREIN GRANTED, SAID CITY SHALL HAVE NO OBUGA TION WITH RESPECT TO SURFACE RESTORATION, INCLUDING RUT NOT LIMITED P.O C =POINT OF COMMENCEMENT J� G R=50 00' 47^N 85,27 \4.0 TO, THE RESTORATION,REPAIR OR REPLACEMENT OF PAVEMENT CURB, GUTTERS. BEES AWN OR SHRUBBERY,PROVIOfO, POB =PONT OF BEGINNING .g N\ L=105.32' _ 5 D, 5 515• 4.0 HOWEVER. THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH P.U.E. =PUBLIC UTILITY EASEMENT C9=5657 7.37"W r14 CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COED PATCH ANY ASPHALT OR CONCRETE SURFACE TO REMOVE ALL D.E =DRAINAGE EASEMENT CH=86.90' I 01 EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND NORKMANUKE CONDITION. I=EXISTING PUBLIC UTILITY EASEMENT I I=HEREBY DEDICATED I FGAI DESCRIPTIOPUBLIC UTILITY EASEMENT THAT PART OF LOT J IN MULHERN COURT A RE-SUBDIVISION OF LOT 1 IN BLOCK 9 OF COUNTRYSIDE CENTER UNIT 4.A SUBDIVISION OF PART OF THE WEST HALF(IF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS. MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3: THENCE SOUTH 76 DEGREES,J MINUTES, NOTES: J2 SECONDS WEST 5.28 FEET ALONG THE SOUTHEASTERLY UNE OF SAID LOT J TO A POINT ON THE WEST LINE OF A PUBLIC UTILITY EASEMENT PER DC.NO. 75-6113 FOR THE POINT OF BEGINNING; THENCE SOUTH 76 DEGREES,3 MINUTES,32 • This map was created for use a plat of easement. This mop is not to be used for any SECONDS WEST ALONG THE SOUTHEASTERLY UNE OF SAID LOT 3, 62.46 FEET TO A BEND POINT IN SAID LINE,' THENCE SOUTH 85 DEGREES, 15 MINUTES, 47 SECONDS WEST CONTINUING ALONG SAID SOUTHERLY LINE, 85.27 FEET TO THE EXISTING construction orstaking purposes without consent from a proper agent of Smith Engineering RIGHT-OF-WAY OF MULHERN COURT THENCE NORTHERLY ALONG THE RIGHT-OF-WAY OF SAID MULHERN COURT 105.72 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5000 FEET AND A CHORD OF 86.90 FEET THAT BEARS NORTH 65 Consultants, Inc. DEGREES, 17 MINUTES. 37 SECONDS WEST TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT J NORTH 35 DEGREES, 47 MINUTES, TO SECONDS NEST 35.37 FEET THENCE ALONG THE WESTERLY • This IS NOT a Plot of Survey. No assumptions or agreements as to ownership, use, or PLAT OF EASEMENT LINE OF SAID LOT J NORTH 07 DEGREES 04 MINUTES 52 SECONDS NEST, 14899 FEET TO A POINT ON THE SOUTH LINE OF A PUBLIC UTILITY EASEMENT PER DC. NO. 75-6113, THENCE ALONG SAID SOUTH LINE OF SAID EASEMENT NORTH 64 possession can be conveyed from this document. DEGREES. 21 MINUTES,22 SECONDS EAST 4.95 FEET THENCE ALONG A UNE NH/CH IS PARALLEL TO THE WEST UNE OF SAID LOT 3. SOUTH 01 DEGREES 04 MINUTES,52 SECONDS EAST 149.54 FEET THENCE ALONG A UNE PARALLEL MTT1 THE • No underground improvements hove been located unless shown and noted. Lot3, Mu/f1 ern Court SOUTHWESTERLY LINE OF SAID LOT 3, SOUTH 35 DEGREES, 47 MINUTES, 10 SECONDS EAST 29.16 FEET,; THENCE ALONG A CURVE TO THE RIGHT THAT IS CONCENTRIC MTH THE NORTH RIGHT-OF-WAY LINE OF MULHERN COURT 66.05 FEET HAVING • No underground should be assumed byGalin A RADIUS OF 55.00 FEET AND A CHORD O'62.15 FEET THAT BEARS SOUTH 86 DEGREES. JJ MINUTES, IA SECONDS EAST' THENCE NORTH 42 DEGREES, 50 MINUTES,10 SECONDS EAST 90.71 FEET' THENCE NORTH 9 DEGREES, 4 MINUTES, 29 scaling. (Jolted • ,I /� y ` �/ SECONDS WEST 109.36 FEET THENCE NORTH 80 DEGREES, 55 MINUTES,31 SECONDS EAST PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 10.00 FEET THENCE SOUTH 9 DEGREES A MINUTES,29 SECONDS EAST 114.22 FEET THENCE • This mop is void without original embossed or red colored seal and signature affixed. (Jl L eU C (y of Yorkville,v///e, Illinois SOUTH 42 DEGREES, 50 MINUTES 20 SECONDS WEST 9562 FEET THENCE ALONG A CURVE TO THE RIGHT THAT IS CONCENTRIC N1TH THE NORTH RIGHT-OF-WAY LINE OF MULHERN COURT 3037 FEET HAVING A RADIUS OF 55.00 FEET AND A •ANNOTATION ABBREVIATIONS- CHORD OF 29.93 FEET THAT BEARS SOUTH 15 DEGREES, 55 MINUTES, 59 SECONDS EAST THENCE ALONG A LINE WHICH I5 PARALLEL WITH THE SOUTH UNE OF SAID LOT J,NORTH 85 DEGREES, 15 MINUTES. 47 SECONDS EAST 58.92 FEET THENCE P.O.B. = POINT OF BEGINNING NORTH 20 DEGREES 50 MINUTES, 53 SECONDS EAST 16.94 FEET THENCE SOUTH 69 DEGREES, 9 MINUTES, 7 SECONDS EAST PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 10.00 FEET THENCE SOUTH 20 DEGREES. 50 MINUTES. 53 P.O.C.= POINT of COMMENCEMENT SECONDS WEST PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 1320 FEET THENCE ALONG A LINE PARALLEL KITH THE SOUTH LINE OF SAID LOT J.NORTH 85 DEGREES, 15 MINUTES, 47 SECONDS EAST 10.66 FEET THENCE ALONG A •ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL COORDINATE SYSTEM. LINE THAT IS PARALLEL KITH THE SOUTHEASTERLY LINE OF SAID LOT 3,NORTH 76 DEGREES, J MINUTES. 32 SECONDS EAST 50.82 FEET THENCE ALONG A LINE WHICH 15 PARALLEL MTH THE NEST LINE OF A PUBLIC UTILITY EASEMENT PER DC •THE 001071NG RIGHTS-OF-WAX SHOWN HEREIN ARE PER DEED OF hCC00 D. REV190N5 DAN BY: INT: DATE: PROJECT NO, NO 75-6117 NORTH 4 DEGREES, 45 MINUTES, 00 SECONDS EAST 219.66 FEET THENCE SOUTH 95 DEGREES. IS MINUTES 00 SECONDS EAST PERPENDICULAR TO ME PREVIOUSLY DESCRIBED COURSE 2.50 FEET, THENCE ALONG A LINE THAT IS 1.1 NID 2/25/00 NTDB D 12/9/03 030641.07 PARALLEL WITH THE WEST LINE OF SAID PUBLIC UTILITY EASEMENT NORTH 4 DEGREES 45 SECONDS. OD SECONDS EAST 58.53 FEET TO A POINT ON THE SOUTH LINE OF SAID PUBLIC UTILITY EASEMENT THENCE SOUTH 95 DEGREES, 1J MINUTES, 00 2)NW 3/10/Os DON BY: IN HORIZ SCALE: SHEET N0. SECONDS EAST 4.50 FEET TO A POINT ON THE WEST UNE OF SAID PUBLIC UTILITY EASEMENT THENCE ALONG SAID WEST LINE SOUTH 4 DEGREES. 45 MINUTES 00 SECONDS WEST 280.03 FEET RETURNING 70 THE PONT SF BEGINNING CONTAINING 01 ()WS I"=20' 4I 0.14 ACRES MORE OR LESS. ALL SITUATED IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS CHK BY:I INT: VERT SCALE: ) of 1 8 CLD N/A oENT OF til United States Department of the Interior L U.S. GEOLOGICAL SURVEY 2igRC WATER RESOURCES DISCIPLINE 221 NORTH BROADWAY AVENUE, SUITE 101 URBANA, ILLINOIS 61801-2748 (217) 344-0037 FAX (217) 344-0082 WEB SITE: il.water.usgs.gov/ March 23, 2004 Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Tony: Enclosed are three original Joint Funding Agreements (JFA) for the period March 23, 2004 through September 30, 2004 to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project. This agreement provides for an expenditure of $15,000 by the U.S. Geological Survey and $15,000 by the City of Yorkville. Per our discussion at the meeting on March 15, 2004, the USGS will provide a total of $46,000 to the overall project for Federal Fiscal Year 2004, leaving a non-Federal share of $46,000 for Federal Fiscal Year 2004. With the execution of this JFA, $31,000 of the non-Federal share of this project cost remains. It is my understanding that the $31,000 will be split approximately as follows: City of Yorkville, $9,490; Kendall County, $15,000; and Village of Montgomery, $6,510. If you concur, please sign two JFAs and return them to this office for processing. Work performed with funds from this agreement will be conducted on a fixed-price basis. We appreciate your continued interest in the cooperative program. Should you have any questions, please contact me at (217) 344-0037, extension 3005. Sincerely, Robert R. Holmes, Jr., PhD, P.E. District Chief Illinois District Enclosure • Page l of 1 Form 9-1366 U.S.Department of the Interior Customer#: (Nov.1998) U.S.Geological Survey Agreement#: Joint Funding Agreement Project#: TIN#: Fixed Cost Agreement Yes FOR Water Resources Discipline THIS AGREEMENT is entered into as of the 22nd day of March,2004, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the City of Yorkille,party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation to survey channel cross sections from Blackberry Creek for purposes of later efforts to conduct a floodplain study project herein called the program. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program (a) $15,000 by the party of the first part during the period March 23,2004 to September 30,2004 (b) $15,000 by the party of the second part during the period March 23,2004 to September 30,2004 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program,all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory manner,either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records.Upon request,copies of the original records will be provided to the office of the other party. 8. The maps, records,or reports resulting from this program shall be made available to the public as promptly as possible.The maps,records,or reports normally will be published by the party of the first part.However,the party of the second part reserves the right to publish the results of this program and,if already published by the party of the first part shall,upon request,be furnished by the party of the first part,at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared.The maps, records,or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered annually. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period,or portion thereof,that the payment is delayed beyond the due date. (31 USC 3717;Comptroller General File B-212222,August 23, 1983). U.S.GEOLOGICAL SURVEY City of Yorkville UNITED STATES DEPARTMENT OF THE INTERIOR J By: Date By: (2kl"4Date 3(Z21�`� By: Date Title Robert R.Holmes,Jr.,Dist ict Chief By: Date (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) haps://gsvaresa01.er.usgs.gov,LWebForms/9-1366.nsf/a6b604c68916253085256d83006e 1 a60?Ope... 3/22/2004 FLOODPLAIN AND FLOODWAY ANALYSIS AND MAPPING FOR BLACKBERRY CREEK IN KENDALL COUNTY Obiectives: 1) Formulate an accurate computer model for Blackberry Creek in Kendall County 2) Produce FEMA approved flood-insurance rate maps 3) Develop a Web site and report for displaying results Benefits: • FEMA approved flood-insurance rate maps can be used to minimize loss of life and property from flooding. • Models can be used for future applications in making informed decisions about development in flood-prone areas and resolving potential conflicts among landowners. • Analytical results and maps can be accessed easily through the Internet. . , al -"wrialii_ .-. 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X91 Y+i� ��A. � "" fiM r • X w m ti ..,` ...,$;.0,;:4- F 3 '• • _ ------e? -•• g':!,,,;;,!;',,,,• ;. r ' ' d A , ....„,„.-4,,,-4..........y- "` . ... i i h . r+ '^fir ec, r r• , CA R } j q.'t "af FhwII 1 tni ' I tab . re . .�n..s S'W xt i'+',,,Z7.'.:'' Y5 1rA. ,.w� 3 . ` .''Y . V„n2p i w^� c / d5'4&y.r}, +,r nil • 1L'� ."I i Itr _.....+i:i i,4O:.. '' .%......, ''� '4•.,;r' 'rr y .4-..-7;-- ... , �... ti+! • UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer ., ' Subject: Bruell Street Pump Station—Change C)rder No. 1 Date: April 6, 2004 Attached find proposed Change Order No. 1 for the referenced project. This change order, in the amount of a $0.00 increase, extends the period of time from 60 days to 90 days that the bid would be honored. Award of this project has been delayed while the pump station site is being acquired. The lengths of time for substanti, •. •,1 corn.letion remain unchanged. Please place this item on t• - 'ublic Works Committee agenda of A. ' 6, 2004 for consideration. — rfrA 001})?// 77/ 1/ Cc: Liz D'Anna, Deputy City Clerk MAR 22 2004 12: 30PM HP LASERJET 3200 p . 2 MAR.22.2004 9 E3AM WA'_TER DEUCHLER INC N0.887 P.2/2 CHANGE ORDER Order No. 1 Date March 22, 2004 Agreement Date; NAME OF PROJECT: BRLJELL STREET PUMP STATION OWNER TTED CITY OF YOR.KVILLE CONTRACTOR: SEAGREN CONSTRUCTION, INC. The following changes are hereby made to the CONTRACT DOCUMENTS; Justification: Change to CONTRACT PRICE: $ 0.00 Original CONTRACT PRICE: $ 54l,400,00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER$ 541,400.00 The CONTRACT PRICE due to this CHANGE ORDER will be(i,nreased.) (decreased) by: S 0.00 The ❑ew CONTRACT PRICE including this CHANGE ORDER will be $ 541.400.00 Change to CONTRACT Tina Ey execution of this Change Order it is agreed by the Contractor that the above listed Contract Price will be held up to 90 calendar days from the date of the bid opening. The date for substantial completion of all work will be 150 calendar days from No TICE TO PROCEED and the date for final completion will be 180 calendar days from NOTICE TO P r •CEED. Requested by: P tip . Moreau Accepted by: lir? Seacren Cor__ th Approved by; I United Ci of Y•r villa UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat r ' \ From: Joe Wywrot, City Engineer tJ Subject: Bruell Street Forcemain & Sani ry Suers— Change Order No. 1 Date: April 6, 2004 Attached find proposed Change Order No. I for the referenced project. This change order, in the amount of a $0.00 increase, extends the contract completion date by 60 calendar days. Award of this project was delayed while easements could be acquired. The extension allows the contractor a reasonable amount of time to complete the work. Please place this item on the Public Works Committee agenda of April 26, 2004 for consideration. Cc: Liz D'Anna, Deputy City Clerk CHANGE ORDER Order No. 1 Date March 22, 2004 Agreement Date: NAME OF PROJECT: BRUELL STREET FORCEMAIN AND SANITARY SEWERS OWNER: UNITED CITY OF YORKVILLE CONTRACTOR: H. LINDEN & SONS SEWER& WATER, INC. The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: $ 0.00 Original CONTRACT PRICE: $ L511,895.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 1,511,895.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased)by: $ 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 1,511,895.00 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (dccreascd) by 60 calendar days. The date for completion of all ork is September 14, 2004 (Date). Requested by: Ira:WAS q �s.�® Philippe F. Moreau Accepted by: fine', aH. Linden& Sons Sewer& Water, Inc. Approved by: United City of Yorkville Federal Agency Approval (where applicable) N.A. UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator } 4- From: Joe Wywrot, City Engineer Subject: Raintree Village— Com Ed Easemen s Date: April 19, 2004 Attached find one copy each of easements crossing the Commonwealth Edison right-of-way at Hazeltine Way and at Kingsmill Street. These easements are needed to allow construction of roadways and utilities between the Fox Highlands and Raintree Village developments. The easements are 86 feet wide to match the width of our 66-foot right-of-way plus 10-foot easements on both sides. All fees have been paid to Com Ed and they have signed the easement. Please place this item on the Public Works Committee agenda of April 26, 2004 for consideration. Cc: Dan Kramer, City Attorney FOR RECORDER'S PURPOSES GRANT FOR PUBLIC ROADWAY AND SUB-SURFACE FACILITIES THIS Grant for Public Roadway and Sub-surface Facilities is made, entered and granted on this day of , 2004, by and between COMMONWEALTH EDISON COMPANY, an Illinois corporation("Grantor"), and United City of Yorkville an Illinois municipal corporation("Grantee"). WHEREAS, Grantor is the owner of a parcel of land in the United City of Yorkville, County of Will and State of Illinois, commonly known as Parcel No.5 of Grantor's Fox Illinois Union Right of Way, described in Exhibit "A" attached hereto and made a part hereof("Grantor's Property"); and WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance, repair, upgrade, expansion, addition, renewal, replacement, relocation, removal, use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in, at, over, under, along or across Grantor's Property (collectively, "Grantor's Operations"). WHEREAS Grantee at this time wishes to install and extend a public roadway with certain sub- surface public facilities across Grantor's Property. NON, THEREFORE, in consideration of the payments, covenants, terms, and conditions to be made, performed, kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee, without warranty of title, a perpetual easement for the right and privilege to use the property legally described as follows: Hazeltine Way a. construction and maintenance of a public roadway (Hazeltine Way) in substantial conformity with the plan shown on Exhibit "B", (hereinafter referred to as "Roadway"), and b. construction and maintenance of curbs and sidewalks on said property in connection with said public roadway, provided that the same shall be constructed at an elevation and in a manner so as not to interfere with Grantor's ingress to and egress from its adjoining property by vehicle or otherwise, and c. construction and maintenance of—one eight inch sanitary sewer within the limits of, as located across the property of Grantor in substantial conformity with the engineering plan prepared by Jacob and Hefner&Associates,P.C..-as shown on Exhibit"B", (hereinafter referred to as "Facility") attached hereto and made a part hereof. This grant of easement is made by Grantor and accepted by Grantee under the following terms and conditions: 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. Grantee shall procure and maintain at its own expense,prior to entry upon Grantor's Property hereunder, all licenses, consents, permits, authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of Roadway and Facility, and Grantee shall strictly observe all laws, rules, statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole discretion. b. In the event any aspect of Grantee's construction, placement, maintenance, repair, use or operation of Roadway and Facility at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of Roadway and Facility from Grantor's Property if required, within the lesser of(i)thirty (30)days from Grantee's notice of such violation or(ii)the period of time required by law for the correction of such violation. c. Grantee's use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor's Operations. d. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. e. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Roadway and Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Roadway and Facility, and Grantee shall be and remain liable to Grantor for the installation and operation of Roadway and Facility in accordance with the terms and conditions of this Agreement, notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. f. Without limiting the generality of the foregoing,this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees, existing roads and highways, the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor's Property; including,but not limited to those prior rights as previously granted by Grantor to the other users of record as located in,along Grantor's Property: If required, Grantee shall secure the engineering consent of such prior grantees as a prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same. 2 2. Term. The term of this Easement shall be in perpetuity, pursuant to the terms, conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written. 3. Fee. In partial consideration of this Easement, Grantee shall, pursuant to the terms and conditions as set forth in the attached Developer's Unconditional and Irrevocable Guaranty of Payment and Performance clause, cause the Developer to pay the agreed upon fee as the consideration for the granting of this Agreement, which amount shall be due and payable to Grantor, prior to Grantor's execution and granting of this Agreement. 4. Rights Reserved to Grantor. a. Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors and assigns the unrestricted right for ingress to and egress from and communication between Grantor's adjoining properties and for installation, operation, maintenance, renewal and removal of its or their facilities upon, over and under the surface of the property described above, as it or they shall see fit insofar as such uses are compatible with the improvements shown on exhibit "B" and"C". b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under, over and across all or any portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: a. In the event any alteration, expansion, upgrade, relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of the Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten (10)days after receipt of such notice, Grantee shall notify Grantor in writing of its election to (i) make such changes in the Facility, at Grantee's cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Facility to another location on Grantor's Property designated by Grantor, or(ii) reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten (10) day period, Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause (ii) hereinabove. In the event Grantee elects to make all changes to Facility, including relocation to another location designated by Grantor, required to avoid conflict with the proposed change in Grantor's Operations, Grantee, at its sole cost and in accordance with all applicable terms and conditions of this Agreement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty (60) days after the 3 f date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to be incurred by Grantor, Grantee shall make such payment within thirty(30)days after Grantor's demand therefor. b. Grantee agrees that, within thirty (30)days after the expiration or termination of this Easement for any reason, Grantee shall, at its cost, remove all of the Roadway and the Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior to the installation of the Roadway and the Facility. In the event Grantee fails to so remove its Roadway and Facilities and restore and repair Grantor's Property,Grantor may elect to do so at Grantee's cost and expense,and, in such event, Grantor may dispose of the Roadway and the Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing the Roadway and the Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty (30) days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral,concerning the suitability of Grantor's Property or the Easement Premises for the placement of Roadway and Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement,Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion,and Grantee has not relied upon any statements, representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS,WHERE-IS CONDITION,WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use,except as may be otherwise expressly provided herein. 7. Conditions Governing Construction,Repair,Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation, alteration, maintenance (excluding only routine maintenance), repair, relocation, replacement or removal of Roadway and Facility, shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments, additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. b. Prior to the performance of any work, Grantee shall (i)obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental authority and furnish Grantor with satisfactory evidence that all such approvals have been obtained and (ii)furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. 4 c. Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty (30) days' advance notice of any work (including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30) days after receipt of a bill therefor. Grantor may elect, on a case-by-case basis, to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling, digging or excavation work on Grantor's Property, Grantee will notify JULIE at telephone number(800) 892-0123 at least seventy-two (72)hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work, Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. e. Except for emergency repairs that are affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's Property and confirmed by Grantor, Grantee shall notify Grantor's Representative in Oakbrook Terrace, Illinois, telephone number(630)437-2824, at least forty-eight(48)hours in advance of entering Grantor's Property for the performance of any work(including routine maintenance). The timingand scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight(48)hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i) Grantee is in default under this Agreement, (ii) the performance of such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property, or (iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work. Grantor retains the right to suspend or stop all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations, and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes,building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of Roadway and Facility to meet the applicable requirements of 83 III. Admin. Code Part 305, as amended from time to time, and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors, to be equipped for and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i) provide waivers of lien 5 from each contractor and such other evidence of lien-free completion of the work as Landlord may require and(ii)restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work, including without limitation damage to crops,fences, pasture land or livestock, and Grantee will reimburse Grantor on demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled on Grantor's Property having a height greater than fourteen(14)feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Roadway and Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. J. The following additional specific requirements shall apply to the performance of such work: (i) Grantee agrees that Roadway and Facility will be installed in strict conformity with the plans attached hereto as Exhibits "B" . (ii) Should any proposed changes to Roadway and Facility be required, either before or after installation,Grantee, or its successor, shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Roadway and Facility enter or leave Grantor's Property, at all road or street crossings, at all rail crossings and at all locations where Roadway and Facility change direction in Grantor's Property. (iv) Where Roadway and Facility are crossing under Grantor's fiber optic cable (TBON), Grantor may require that split plastic duct shall be installed and secured around Grantor's underground fiber optic cables in order to protect the fiber optic cable from any damage during any backfilling operation. (v) Grantee agrees, upon completion of the installation of Roadway and Facility, Grantee will replace all backfilling material in a neat, clean and workmanlike manner, with the topsoil on the surface of Grantor's Property, together with the removal of all excess soils, including any rocks,debris or unsuitable fill from Grantor's Property that has been displaced by the placement of Roadway and Facility. At Grantor's sole election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil over Roadway and Facility' alignment in Grantor's Property so long as the change in grade in Grantor's Property does not 6 result in a grade change of greater than 6-inches from the pre-existing grade of Grantor's Property prior to the installation of Roadway and Facility. (vi) Grantee agrees that all of Grantor's Property as affected by the construction of Roadway and Facility shall be leveled, dressed and the area re-seeded using grass over and along Grantee's entire construction project site, except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve in wetland construction, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat,clean and orderly condition and to the satisfaction of Grantor; including, but not limited to,the re- seeding of Grantor's Property as required. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: a. Grantee shall obtain and maintain all rights, licenses, consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Roadway and Facility on Grantor's Property and, at Grantor's request, Grantee shall provide Grantor with evidence thereof. Grantee shall cause Roadway and Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law, and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under Grantor's Property in connection with Roadway and Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right (but not the obligation)after thirty (30) days' written notice to Grantee,to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Roadway and Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten (10) days after Grantor's demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising from electrical outages, caused by the use and occupancy of the Easement Premises by Grantee, its representatives, employees, agents, contractors, subcontractors and invitees. c. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises or any other real estate owned by Grantor or any improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Easement or any of the rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed, Grantee will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless 7 Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30)days after Grantor's demand therefor, any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Roadway and Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Grantee shall notify Grantor in writing within thirty (30) days after the date Grantee ceases to use Roadway and Facility and shall provide Grantor with a properly executed release of this Easement. This Easement shall terminate without the necessity of any notice to Grantee in the event of non-use by Grantee. 9. Hold Harmless. a. Grantee agrees to indemnify, defend( with counsel acceptable to Grantor) and hold harmless Exelon Corporation, a Pennsylvania corporation(Grantor's parent corporation), Grantor, and their respective employees, officers,directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against any and all claims, actions,proceedings, judgments, damages (including consequential damages), liens, fines, costs, liabilities, injuries, losses, costs and expenses (including but not limited to attorneys' fees and costs and loss of electrical service)arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property, or any work performed hereunder by Grantee, its employees,agents,contractors or subcontractors,or anyone claiming by through or under any of them, or any breach of this Agreement,except to the extent that any such claim, action, proceeding,judgment, damage, lien, fine, cost, liability, injury, loss, cost and expense is attributable solely to the willful misconduct of Grantor, its employees,agents or contractors. This indemnification shall include, but not be limited to, claims made under any workman's compensation law or under any plan for employee's disability and death benefits(including without limitation claims and demands that may be asserted by employees, agents, contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law,Grantee hereby waives any and all claims against Exelon Corporation, a Pennsylvania corporation(Grantor's parent corporation),Grantor, and their respective employees, officers,directors, agents, subsidiaries, affiliates, successors and assigns(collectively, the"Grantor Group"), which Grantee or any person or entity claiming by, through or under Grantee may now or at any time in the future have for injury or damage to persons, property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group. Grantor shall not be liable to Grantee for any injury, loss or damage to persons, property or business sustained by Grantee, its representatives, employees, agents,contractors or invitees in connection with this Easement or the rights granted to Grantee hereunder, unless such loss or damage results from Grantor's willful misconduct. In no event shall Grantor be liable for any 8 such injury, loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain (or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor), prior to commencing any work on Grantor's Property, the following insurance coverages: (i) Workers' Compensation Insurance Policy: Coverage A- providing payment promptly when due of all compensation and other benefits required of the insured by the workers'compensation law; Coverage B -Employers'Liability: providing payment on behalf of the insured with limits not less than $1,000,000 each accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; (ii) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or(2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; and (iii) Automobile Liability in the amount of not less than $2,000.000 per occurrence combined single limit covering all owned, leased, rented and non-owned vehicles. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing Roadway and Facility, a certified copy of each policy of insurance or a Certificate of Insurance evidencing the coverages specified in subsections (i), (ii) and (iii) of this Section. Insurance coverage as required herein in subsections (i) (ii), and (iii) shall be kept in force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no 9 exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend, correct and change, from time to time,the limits, coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A/XU or better and shall provide thirty (30) days prior written notice of any substantial change in the coverage,cancellation or non-renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors, shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors, officers, employees and agents. Grantee shall furnish Grantor with certificates of insurance evidencing Grantee's compliance with the requirements of this Section 10. 11. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property, cause all work performed by or on behalf of Grantee hereunder to be performed, and otherwise use and occupy the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit any underground storage tanks to exist or any Hazardous Materials to be introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless Unicorn Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns,from and against from and against any claims, actions, proceedings, judgments, damages (including consequential damages), liens, fines,costs, liabilities, injuries, losses, costs and expenses , including but not limited to attorneys' and consultants' fees and costs, whether asserted under Environmental Laws or at common law, arising out of or related to (i)any breach by Grantee of the environmental covenants set forth above or(ii) any violation of any Environmental Laws or the presence,release or threatened release of any Hazardous Materials at, on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee, its agents,employees, contractors, or any entity in privity with or providing a benefit to Grantee. As used in this section, the term"Environmental Laws" shall mean all federal, state and local statutes, regulations or ordinances relating to the protection of health, safety or the environment including, without limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act,the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, all statutes, rules and regulations applicable to wetlands of any federal, state, county or local regulatory agency, and all similar state and local laws now or hereinafter enacted or amended. "Hazardous Materials" shall mean any waste,pollutant, toxic substance or hazardous substance, contaminant or material regulated by any Environmental Law including, without limitation, petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Grant of Easement. 10 b. Without limiting the generality of the foregoing, prior to commencing any work on Grantor's Property, Grantee at is sole cost shall (i) secure and provide Grantor with copes of any wetland permits required from any federal state or local regulatory agencies and(ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas, Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain, and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. c. If, during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in, on, over or under the soil, groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property, Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a manner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are encountered in accordance with all applicable Environmental Laws, and, if permitted by such laws, shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws, the excavated soils cannot be returned to the excavated work area, Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law, but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default ("Event of Default") under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten (10) days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant, term or condition to be performed or observed by Grantee hereunder, and the continuation of such default for a period of thirty (30) days after notice thereof from Grantor; provided, however, that if such default cannot be cured within thirty (30) days and Grantee has undertaken diligent efforts within such thirty (30) day period to effect a cure, then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days, as may be required by Grantee through the exercise of continuous, diligent efforts to complete all required corrective action; or c. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made; or d. Grantee's failure to maintain or cause its contractors or subcontractors to maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section; or 11 e. Grantee's failure to operate or maintain Roadway and Facility for a period of twelve (12) consecutive months. 13. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or more of the following remedies: a. terminate this Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee; or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee, together with(i) interest thereon at the Corporate Base Rate then published by Bank One (or at the prime rate then published by any other money center bank located in Chicago) and(ii) an administrative charge in an amount equal to twenty percent(20%) of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor's presentment of demand therefor; or c. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed,taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant. The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. Notices. All notices, requests,demands and other communications hereunder shall be in writing and shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail, return receipt requested, or by a nationally-recognized overnight courier to the parties at the following addresses (or such substitute addresses as may be provided by either party in the manner described herein): If to Grantor: Sales Manager Real Estate Services Commonwealth Edison Company P. O. Box 805379 Chicago, Illinois, 60680-5379 If to Grantee: United City of Yorkville Mayor 800 Game Farm Rd. Yorkville, IL 60560 12 F Such notices shall be deemed effective when personally delivered, if delivered in person or by messenger, three (3)days following deposit in U.S. mail, if delivered by certified mail, or one day following deposit with a nationally-recognized overnight courier. 15. Miscellaneous. a. Grantee's obligations under Sections 8, 9, 11 and 13 hereof shall survive the expiration or termination of this Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns; provided, however, that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in this Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms "Grantor" and"Grantee" as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns being limited to its permitted assigns). c. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement, and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant, term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances (unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances) or the validity, legality or enforceability of the other covenants, terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. 13 g. No receipt of money by Grantor from Grantee, after the expiration or termination of this Agreement shall renew, reinstate, continue or extend the term of this Agreement. h. By signing this Agreement, Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making the parties hereto partners, agents,joint ventures, members of a joint enterprise. i. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of Grantee pursuant to a resolution or ordinance adopted by its President and Board of Trustees/Mayor and City Council. Concurrently with its execution and delivery of this Agreement, Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement. k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency, this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMM/ • T. EDISON C* P •4 By: CITY OF YORKVILLE By: /Mayor 14 ATTEST: Village/City Clerk This instrument is prepared by Craig Dixon of Commonwealth Edison Company, P. O. Box 805379 Chicago, Illinois 60680-537990. kJLdmg\F7anagan\Easement\Village of Machesney Pk.doc STATE OF ILLINOIS COUNTY OF COOK ss. I, the and signed, a Notary public in and for the County and State aforesaid, DO HEREBY CERTIFY, that ✓rt/cS /i1i C , personally known to me to be the (., -/1-47.9 RidA//&-LA`- of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. /l Given under my hand and official seal, thi �day of /4/.L/! ,2004,. ea ,— / S7L------ "ary Public" Commission expires:/1 / a9-0o5- SEAL cm ARL L JACKSON SF e" " ! ^ S A-Fs�'r7.� ,Ell A'T'E c KIM= STATE OF ILLINOIS `' IN\ COMS--VYMO E rFg ,. ,. ' i. COUNTY OF ss. 15 I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkville, whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor signed and delivered the said instrument, pursuant to authority given by the City Council of said United City, pursuant to a resolution or ordinance adopted by said United City, for the uses and purposes therein set forth. Given under my hand and official seal,this day of , 2004_. Notary Public Commission Expires: DEVELOPER'S UNCONDITIONAL AND IRREVOCABLE GUARANTY OF PAYMENT AND PERFORMANCE RAINTREE VILLAGE LLC An Illinois Limited Liabiliity Company,("Developer")hereby unconditionally and irrevocably guarantees to and for the benefit of COMMONWEALTH EDISON COMPANY, an Illinois corporation, ( "Grantor"), the payment of all sums as and when due from the UNITED CITY OF YORKVILLE, an Illinois municipal corporation, ("Grantee") , under the foregoing Grant for Public Roadway and Subsurface Facilities and the full and faithful performance of all obligations of Grantee under the foregoing Easement, including without limitation the installation of Grantee's Roadway and Facility in accordance with the terms and conditions of the foregoing Easement. This guaranty shall expire on the date of Grantee's acceptance of title to Grantee's Roadway and Facility, as evidenced by Developer's delivery to Grantor of evidence reasonably acceptable to Grantor that Developer has delivered and Grantee has accepted title to Grantee's Roadway and Facility. By _4 � �iy1 �/ . . / _. / Tit]:� � ' l dP ( 16 W H a U U W H EXHIBIT A GRANTOR'S PROPERTY Aa fid;of tie uaitorm x3dth of flee.(s) rod's.iiing one and one- half ( , rods.vf• each- aide of tue-I3nb jCereinafter described; .beginning.at MtoaiL$ the.cebte:-Of the, and „Swage?:Road, which stone nark8 the wesl tl mit ', is desarib and: set forth in a. quit: e1'ewn deed dated IIecembe 2gr lam€ and'rwcord6d in book55 of.t e 1 ecoids o I da1l County, .: on page 50a sad is bJ di said quiff. claS�a deed i'eter eicherts and Wife Fon= veyed to'George.F fbetecbsan, and running frog said atone north severity.-tad and oneself degrees (1'2}) east along the center of said road eleven hundred and eighty=eir and i teriths-•(1l86 7) feet for the point of beginning of•sail line said paint being alae-sixty.-four (64) feet southwesterly alonC the-Center of said roet.free-the stone•which marks the northernost corner of the lend in said leed._de cribed; front the said point of beginning south seventeen degrees ten minutes (17 deg. 109 East twelve hundred nineteen (1219) feet in a straighrt line to a point of curve; thence on a cube of four degrees (4) to the right a distance of five hundred twenty-five (525) feet to a left carve; thence on a four degree curve to the left a distance of one hundred:fifty (150) feet to the southerly line of the said land in said deed.described; also • 18 EXHIBIT B ROADWAY AND UTILITY EASKONT OVE COMMONWEALTH EDISON RIGHT OF WA 110. 71 i ROVO VJ'1110 15 5116'1n 70 o j jRAOT 169 GROAWA►-g�TT30) (DO No N FOX HIGHLANDS P.U.D. UNIT ONE Per Doc No. 0016554, Recorded Nov. 30, 2000 'E $ 156 Q 17 6 f r PROPOSED RAINTREE K/NGSMFLL VILLAGE UNIT ONE COURT 5QE N SmofM or 10 ELnNE WAY 152 TINE t.$t N rns'o7 E 19 Y � `^ c� WA it 50." w 1a 151 i 6'0 111 20 150 112 JACOB :�:� =GM= P.C. 0 AMU NCI.: D o II. :t Creceril 815 Campo' DetreDIRCIIMPe tomJoliet. Minas ,. 815)730-80W FAX 81)730-8389 � bursaryPfI ��p-_too' t1r I 815)730-80W et FOR RECORDER'S PURPOSES GRANT FOR PUBLIC ROADWAY AND SUB-SURFACE FACILITIES THIS Grant for Public Roadway and Sub-surface Facilities is made, entered and granted on this day of , 2004, by and between COMMONWEALTH EDISON COMPANY, an Illinois corporation("Grantor"), and United City of Yorkville, an Illinois municipal corporation ("Grantee"). WHEREAS, Grantor is the owner of a parcel of land in the United City of Yorkville, County of Will and State of Illinois, commonly known as Parcels No.6 &6A of Grantor's Fox Illinois Union Right of Way, described in Exhibit"A" attached hereto and made a part hereof("Grantor's Property"); and WHEREAS, Grantor utilizes Grantor's Property for Grantor's own business operations, which operations, for purposes hereof, shall include without limitation the construction, reconstruction, maintenance, repair, upgrade, expansion, addition, renewal, replacement, relocation, removal, use and operation of Grantor's equipment and facilities, whether now existing or hereafter to be installed, in, at, over, under, along or across Grantor's Property (collectively, "Grantor's Operations"). WHEREAS Grantee at this time wishes to install and extend a public roadway with certain sub- surface public facilities across Grantor's Property. NON, THEREFORE, in consideration of the payments, covenants, terms, and conditions to be made, performed, kept and observed by Grantee hereunder, Grantor hereby grants unto Grantee, without warranty of title, a perpetual easement for the right and privilege to use the property legally described as follows: Kinzsmill Street a. construction and maintenance of a public roadway (Kingsmill St.) in substantial conformity with the plan shown on Exhibit "B", (hereinafter referred to as "Roadway"), and b. construction and maintenance of curbs and sidewalks on said property in connection with said public roadway, provided that the same shall be constructed at an elevation and in a manner so as not to interfere with Grantor's ingress to and egress from its adjoining property by vehicle or otherwise, and c. construction and maintenance of one longitudinal sanitary sewer-within the limits of, as located on the property of Grantor in substantial conformity with the engineering plan prepared by Jacob anfd Hefner&Associates,P.C..-as shown on Exhibit "B", (hereinafter referred to as "Facility") attached hereto and made a part hereof. This grant of easement is made by Grantor and accepted by Grantee under the following terms and conditions: 1. Grantee's Use. The following general conditions shall apply to Grantee's use of the Easement Premises: a. Grantee shall procure and maintain at its own expense, prior to entry upon Grantor's Property hereunder, all licenses,consents, permits,authorizations and other approvals required from any federal, state or local governmental authority in connection with the construction, placement, use and operation of Roadway and Facility,and Grantee shall strictly observe all laws,rules,statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises or Grantee's operations thereon. Grantor may from time to time request evidence that all such approvals have been obtained by Grantee and are in full force and effect. In no event shall Grantee seek any governmental approvals that may affect in any way Grantor's Operations, including without limitation any zoning approvals, without in each instance obtaining Grantor's prior written consent, which consent may be granted or withheld in Grantor's sole discretion. b. In the event any aspect of Grantee's construction, placement, maintenance, repair,use or operation of Roadway and Facility at any time violates or is forbidden by any law, statute, rule, regulation, order or requirement of any governmental authority, Grantee shall immediately discontinue such operations and at its own expense take all required corrective action, including without limitation removal of all or any portion of Roadway and Facility from Grantor's Property if required, within the lesser of(i)thirty (30)days from Grantee's notice of such violation or(ii)the period of time required by law for the correction of such violation. c. Grantee's use of the Easement Premises shall be conducted in a manner that does not conflict or interfere with Grantor's Operations. d. This Easement and the rights granted hereunder are subject and subordinate in all respects to all matters and conditions of record affecting the Easement Premises. e. Grantee's obligations and liabilities to Grantor under this Agreement with respect to Roadway and Facility and all other matters shall not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third parties, including without limitation any agreements related to the construction or installation of Roadway and Facility, and Grantee shall be and remain liable to Grantor for the installation and operation of Roadway and Facility in accordance with the terms and conditions of this Agreement, notwithstanding Grantee's failure or refusal to accept delivery of or title to such facilities from any such third parties. f. Without limiting the generality of the foregoing,this Easement and the rights granted hereunder are subject and subordinate in all respects to the existing and future rights of Grantor and its existing lessees, licensees and grantees,existing roads and highways, the rights of all existing utilities, all existing railroad rights-of-way, water courses and drainage rights that may be present in Grantor's Property;including,but not limited to those prior rights as previously 2 granted by Grantor to the other users of record as located in,along Grantor's Property: If required, Grantee shall secure the engineering consent of such prior grantees as a prerequisite to exercising its rights hereunder and provide Grantor with a copy of the same. 2. Term. The term of this Easement shall be in perpetuity, pursuant to the terms, conditions and covenants of this Agreement, and shall commence as of the date first hereinabove written. 3. Fee. In partial consideration of this Easement, Grantee shall, pursuant to the terms and conditions as set forth in the attached Developer's Unconditional and Irrevocable Guaranty of Payment and Performance clause, cause the Developer to pay the agreed upon fee as the consideration for the granting of this Agreement, which amount shall be due and payable to Grantor, prior to Grantor's execution and granting of this Agreement. 4. Rights Reserved to Grantor. a. Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors and assigns the unrestricted right for ingress to and egress from and communication between Grantor's adjoining properties and for installation, operation, maintenance, renewal and removal of its or their facilities upon, over and under the surface of the property described above, as it or they shall see fit insofar as such uses are compatible with the improvements shown on exhibit"B" and"C". b. Grantor reserves the right to grant additional access, utility and other leases, licenses, easements and rights hereafter to third parties through, under, over and across all or any portion of Grantor's Property, including the Easement Premises. 5. Relocation and Restoration of Easement Premises. The following terms and conditions shall govern the rights and obligations of the parties with respect to relocation and restoration of the Easement Premises: a. In the event any alteration, expansion, upgrade, relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Easement Premises hereunder, Grantor shall notify Grantee in writing of such proposed change and the conflict posed by this Easement or the presence of the Facility on the Easement Premises. Such notice shall contain Grantor's estimate of the additional costs Grantor will incur if the proposed change in Grantor's Operations must be altered to avoid or minimize any conflict or interference with Grantee's use of the Easement Premises. Within ten (10)days after receipt of such notice, Grantee shall notify Grantor in writing of its election to (i)make such changes in the Facility, at Grantee's cost, as in the judgment of Grantor may be required to avoid or minimize any conflict or interference with the proposed change in Grantor's Operations, including without limitation the relocation of Facility to another location on Grantor's Property designated by Grantor, or(ii) reimburse Grantor for all additional costs incurred by Grantor in altering the proposed change in Grantor's Operations to avoid or minimize such conflict or interference. In the event Grantee fails to notify Grantor in writing of such election within such ten(10) day period, Grantee shall be conclusively deemed to have elected to reimburse Grantor for its additional costs as provided in clause(ii) hereinabove. In the event Grantee elects to make all changes to Facility, including relocation to another location designated by Grantor, required to avoid conflict with the proposed 3 change in Grantor's Operations, Grantee,at its sole cost and in accordance with all applicable terms and conditions of this Agreement, shall promptly take all steps necessary to complete such changes and relocation within a reasonable time but in no event later than sixty(60)days after the date of such election. In the event Grantee elects to reimburse Grantor for the additional costs to be incurred by Grantor, Grantee shall make such payment within thirty (30) days after Grantor's demand therefor. b. Grantee agrees that, within thirty (30) days after the expiration or termination of this Easement for any reason, Grantee shall, at its cost, remove all of the Roadway and the Facility from Grantor's Property and restore and repair Grantor's Property to the condition existing prior to the installation of the Roadway and the Facility. In the event Grantee fails to so remove its Roadway and Facilities and restore and repair Grantor's Property, Grantor may elect to do so at Grantee's cost and expense, and, in such event, Grantor may dispose of the Roadway and the Facility without any duty to account to Grantee therefor. Grantee shall pay all costs and expenses incurred by Grantor in removing the Roadway and the Facility, including any storage costs, and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any facilities and equipment that Grantee fails to remove from Grantor's Property within thirty (30) days after the expiration or termination of this Easement shall be conclusively deemed to have been abandoned by Grantee and shall become the sole property of Grantor, without liability or obligation to account to Grantee therefor. 6. Condition of Grantor's Property. Grantor has made no representations or warranties of any kind or nature whatsoever, whether written or oral, concerning the suitability of Grantor's Property or the Easement Premises for the placement of Roadway and Facility thereon or Grantee's use of the Easement Premises for the purposes contemplated herein. In entering into this Agreement, Grantee has relied solely upon such independent investigations of the condition of Grantor's Property as Grantee has deemed necessary or appropriate in its discretion,and Grantee has not relied upon any statements, representations or agreements of Grantor regarding the conditions of Grantor's Property. This Easement is granted over the Easement Premises in its AS-IS, WHERE-IS CONDITION, WITH ALL FAULTS, and Grantor has not agreed to undertake any improvements or other work to make Grantor's Property or the Easement Premises suitable for Grantee's intended use, except as may be otherwise expressly provided herein. 7. Conditions Governing Construction,Repair,Maintenance and Other Work. a. All work performed by Grantee pursuant to this Agreement, including without limitation all work related to the installation, alteration, maintenance(excluding only routine maintenance), repair, relocation, replacement or removal of Roadway and Facility, shall be performed in accordance with plans and specifications approved in writing by Grantor prior to the commencement of such work. Grantor shall review and approve any amendments, additions or other changes to such approved plans and specifications, prior to the performance of any work identified therein. b. Prior to the performance of any work, Grantee shall (i) obtain all applicable permits, approvals and authorizations required from any federal, state or local governmental authority and furnish Grantor with satisfactory evidence that all such approvals have been 4 obtained and (ii) furnish Grantor with certificates of insurance for each contractor and subcontractor evidencing such contractor's or subcontractor's compliance with the requirements of Section 10 hereof. c. Except for emergency repairs affecting the health and safety of the public, Grantee shall provide Grantor with not less than thirty (30)days' advance notice of any work (including routine maintenance) so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability of Grantor's facilities in the area of Grantee's proposed work. Grantee shall postpone the commencement of its work until such time as Grantor has completed any and all such protective work. Any cost and expense of such protective work shall be borne by Grantee and paid by Grantee within thirty (30) days after receipt of a bill therefor. Grantor may elect, on a case-by-case basis, to have all of Grantee's work performed in the presence of a representative of Grantor and in a manner satisfactory to such representative. d. If Grantee performs any grading, leveling, digging or excavation work on Grantor's Property, Grantee will notify JULIE at telephone number(800) 892-0123 at least seventy-two(72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present on Grantor's Property. If Grantee damages any such underground facilities in the course of its work, Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage. e. Except for emergency repairs that are affecting the health and safety of the public, which emergency repairs should be called in within the first 8-hours of entering Grantor's Property and confirmed by Grantor, Grantee shall notify Grantor's Representative in Oakbrook Terrace, Illinois,telephone number(630)437-2824, at least forty-eight(48) hours in advance of entering Grantor's Property for the performance of any work(including routine maintenance). The timing and scheduling of such work shall be subject to Grantor's prior approval. In the event Grantee is required to perform any emergency repair work affecting the health and safety of the public, Grantee shall notify Grantor in writing of such repair work within forty-eight(48)hours after the performance of such repairs. f. Grantor may withhold its approval to the performance of any work hereunder whenever any of the following conditions exist: (i) Grantee is in default under this Agreement, (ii) the performance of such work and the use and occupancy of Grantor's Property contemplated by such work in Grantor's judgment will interfere with Grantor's Operations or any other then existing uses of Grantor's Property, or (iii) Grantor and Grantee have failed to enter into such supplemental agreements as Grantor deems necessary or advisable regarding the performance of such work. Grantor retains the right to suspend or stop all such work if in Grantor's sole judgment the ongoing performance of such work endangers Grantor's facilities or threatens to interfere with Grantor's Operations,and Grantor shall incur no liability for any additional cost or expense incurred by Grantee or any third parties in connection with such work stoppage. g. All work shall be performed in a good and workmanlike manner and in accordance with all applicable laws, statutes, building codes and regulations of applicable governmental authorities. Without limiting the generality of the foregoing, Grantee shall cause all work and the placement of Roadway and Facility to meet the applicable requirements of 83 Ill. 5 Admin. Code Part 305, as amended from time to time, and shall cause all workers performing any work on behalf of Grantee, its contractors and subcontractors, to be equipped for and conform to OSHA safety regulations. Upon completion of the work, Grantee shall (i)provide waivers of lien from each contractor and such other evidence of lien-free completion of the work as Landlord may require and(ii)restore all adjacent and other affected areas of Grantor's Property to their original condition preceding the commencement of such work. h. Grantee shall promptly notify Grantor of any damage caused to Grantor's facilities arising out of or related to the performance of such work, including without limitation damage to crops,fences, pasture land or livestock, and Grantee will reimburse Grantor on demand for the cost of any such repairs and other expenses incurred by Grantor as a result of such damage. The formula described in Section 13.b shall be used to determine the amount due Grantor as reimbursement for the cost of such repairs. Under no circumstances shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment be brought or assembled on Grantor's Property having a height greater than fourteen(14)feet above grade. i. There shall be no impairment of any natural or installed drainage facilities occasioned by any work related to Roadway and Facility and Grantee at its cost shall repair and replace all drainage tiles damaged or destroyed during the performance of such work. j. The following additional specific requirements shall apply to the performance of such work: (i) Grantee agrees that Roadway and Facility will be installed in strict conformity with the plans attached hereto as Exhibits"B" . (ii) Should any proposed changes to Roadway and Facility be required, either before or after installation, Grantee, or its successor, shall first submit such changes to Grantor, in the form of revised plans for Grantor's review and approval. (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Roadway and Facility enter or leave Grantor's Property, at all road or street crossings, at all rail crossings and at all locations where Roadway and Facility change direction in Grantor's Property. (iv) Where Roadway and Facility are crossing under Grantor's fiber optic cable (TBON),Grantor may require that split plastic duct shall be installed and secured around Grantor's underground fiber optic cables in order to protect the fiber optic cable from any damage during any backfilling operation. (v) Grantee agrees, upon completion of the installation of Roadway and Facility, Grantee will replace all backfilling material in a neat, clean and workmanlike manner, with the topsoil on the surface of Grantor's Property,together with the removal of all excess soils, including any rocks, debris or unsuitable fill from Grantor's Property that has been displaced by the placement of Roadway and Facility. At Grantor's sole 6 election, Grantor may permit Grantee to evenly spread any portion of the remaining topsoil over Roadway and Facility' alignment in Grantor's Property so long as the change in grade in Grantor's Property does not result in a grade change of greater than 6-inches from the pre-existing grade of Grantor's Property prior to the installation of Roadway and Facility. (vi) Grantee agrees that all of Grantor's Property as affected by the construction of Roadway and Facility shall be leveled, dressed and the area re-seeded using grass over and along Grantee's entire construction project site, except for those areas that are either tenant occupied for agricultural purposes and/or those areas that involve in wetland construction, where governmental wetland restoration requirements shall take precedence. Grantee shall manage the re-seeding process until a firm grass growth has been established on Grantor's Property. Grantee agrees to leave Grantor's Property in a neat, clean and orderly condition and to the satisfaction of Grantor; including, but not limited to, the re- seeding of Grantor's Property as required. 8. Covenants of Grantee. Grantee hereby covenants and agrees as follows: a. Grantee shall obtain and maintain all rights, licenses, consents and approvals required from any governmental authorities or third parties with respect to the installation, use or operation of Roadway and Facility on Grantor's Property and, at Grantor's request, Grantee shall provide Grantor with evidence thereof. Grantee shall cause Roadway and Facility to be maintained at all times in good repair and in accordance with all requirements of applicable law, and Grantee shall not permit any nuisances or other unsafe or hazardous conditions to exist in, on or under Grantor's Property in connection with Roadway and Facility or Grantee's use or occupancy of Grantor's Property. In the event Grantee fails to fully and faithfully perform all such repair and maintenance obligations, Grantor shall have right(but not the obligation) after thirty (30) days' written notice to Grantee, to cause such repairs and maintenance to be performed and charge the cost thereof to Grantor. In the event Grantor elects to perform such repair and maintenance, the amount due Grantor from Grantee as reimbursement shall be determined using the formula described in Section 13.b hereof. b. Grantee shall install Roadway and Facility and use and occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations. Within ten (10) days after Grantor's demand therefor, Grantee shall reimburse Grantor for all costs incurred by Grantor as a result of injury or damage to persons, property or business, including without limitation the cost of repairing any damage to Grantor's equipment or facilities or costs arising from electrical outages,caused by the use and occupancy of the Easement Premises by Grantee, its representatives, employees, agents, contractors, subcontractors and invitees. c. Grantee will not cause or permit any mechanic's lien or claim for lien to be asserted against the Easement Premises or any other real estate owned by Grantor or any improvements thereon, which lien or claim for lien arises out of any contract or agreement for work to be performed by or on behalf of Grantee in connection with this Easement or any of the 7 rights granted to Grantee hereunder. In the event any such lien or claim for lien is filed, Grantee will promptly pay the same. Grantee hereby indemnifies and agrees to defend and hold harmless Grantor from and against any and all liens or claims for lien arising out of or in any way connected with Grantee's use and occupancy of the Easement Premises. d. Grantee shall pay to Grantor, within thirty (30)days after Grantor's demand therefor, any and all real property taxes and assessments levied against Grantor's Property during the term hereof that are attributable to Roadway and Facility or Grantee's use and occupancy of the Easement Premises. Grantee shall be responsible for the cost of any and all corrective actions required to address any impairment of surface water drainage conditions affecting Grantor's Property or adjacent properties as a result of Grantee's use and occupancy of the Easement Premises. e. Grantee shall notify Grantor in writing within thirty (30)days after the date Grantee ceases to use Roadway and Facility and shall provide Grantor with a properly executed release of this Easement. This Easement shall terminate without the necessity of any notice to Grantee in the event of non-use by Grantee. 9. Hold Harmless. a. Grantee agrees to indemnify, defend( with counsel acceptable to Grantor) and hold harmless Exelon Corporation,a Pennsylvania corporation(Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against any and all claims, actions, proceedings, judgments, damages (including consequential damages), liens, fines,costs, liabilities, injuries, losses, costs and expenses(including but not limited to attorneys' fees and costs and loss of electrical service) arising from or related to Grantee's use and occupancy of the Easement Premises or any portion of Grantor's Property, or any work performed hereunder by Grantee, its employees, agents, contractors or subcontractors, or anyone claiming by through or under any of them, or any breach of this Agreement, except to the extent that any such claim, action, proceeding,judgment, damage, lien, fine, cost, liability, injury, loss, cost and expense is attributable solely to the willful misconduct of Grantor, its employees, agents or contractors. This indemnification shall include, but not be limited to, claims made under any workman's compensation law or under any plan for employee's disability and death benefits(including without limitation claims and demands that may be asserted by employees, agents,contractors and subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b. To the maximum extent permitted by applicable law, Grantee hereby waives any and all claims against Exelon Corporation, a Pennsylvania corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, successors and assigns (collectively, the"Grantor Group"), which Grantee or any person or entity claiming by, through or under Grantee may now or at any time in the future have for injury or damage to persons,property or business sustained in or about the Easement Premises or any other portion of Grantor's Property, including without limitation claims arising from any conditions existing on Grantor's Property or any acts or omissions of any of the Grantor Group. Grantor shall not be liable to Grantee for any injury, loss or damage to persons, property or business sustained by Grantee, its representatives, employees, agents, contractors or invitees in 8 connection with this Easement or the rights granted to Grantee hereunder, unless such loss or damage results from Grantor's willful misconduct. In no event shall Grantor be liable for any such injury, loss or damage resulting from any acts or omissions of any third party occupants of the Easement Premises or any other portion of Grantor's Property or the public. 10. Insurance. a. Grantee shall cause each contractor and subcontractor performing any work on behalf of Grantee pursuant to this Agreement to purchase and maintain(or Grantee at its own cost shall purchase and maintain on behalf of each such contractor or subcontractor), prior to commencing any work on Grantor's Property, the following insurance coverages: (i) Workers'Compensation Insurance Policy: Coverage A- providing payment promptly when due of all compensation and other benefits required of the insured by the workers'compensation law; Coverage B -Employers'Liability: providing payment on behalf of the insured with limits not less than$1,000,000 each accident/occurrence for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; (ii) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of$5,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or(2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; and (iii) Automobile Liability in the amount of not less than $2,000.000 per occurrence combined single limit covering all owned, leased, rented and non-owned vehicles. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing Roadway and Facility, a certified copy of each policy of insurance or a Certificate of Insurance evidencing the coverages specified in subsections(i), (ii) and (iii) of this Section. Insurance coverage as required herein in subsections (i) (ii), and (iii) shall be kept in 9 force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. Grantor hereby reserves the right to amend, correct and change, from time to time, the limits, coverage and form of policy as may be required from Grantee's contractor or contractors before entering Grantor's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A/XII or better and shall provide thirty (30) days prior written notice of any substantial change in the coverage, cancellation or non-renewal. Any policies of insurance maintained by Grantee, its contractors or subcontractors, shall be primary without right of contribution or offset from any policy of insurance or program of self-insurance maintained by Grantor. Grantee agrees and shall require each of its contractors and subcontractors to agree that they shall each arrange for the issuers of all policies of insurance required hereunder to waive their rights of subrogation against Grantor, its directors, officers, employees and agents. Grantee shall furnish Grantor with certificates of insurance evidencing Grantee's compliance with the requirements of this Section 10. 11. Environmental Protection. a. Grantee shall conduct its operations on Grantor's Property, cause all work performed by or on behalf of Grantee hereunder to be performed, and otherwise use and occupy the Easement Premises in strict compliance with all applicable Environmental Laws. Grantee shall not cause or permit any underground storage tanks to exist or any Hazardous Materials to be introduced or handled on Grantor's Property as a result of or in connection with Grantor's use and occupancy of the Easement Premises. Grantee shall defend, indemnify and hold harmless Unicorn Corporation, an Illinois corporation (Grantor's parent corporation), Grantor, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against from and against any claims, actions, proceedings, judgments, damages (including consequential damages), liens,fines,costs, liabilities, injuries, losses;costs and expenses , including but not limited to attorneys' and consultants' fees and costs, whether asserted under Environmental Laws or at common law, arising out of or related to (i)any breach by Grantee of the environmental covenants set forth above or(ii) any violation of any Environmental Laws or the presence,release or threatened release of any Hazardous Materials at, on or beneath Grantor's Property as a result of or in connection with any act or omission of Grantee, its agents, employees,contractors, or any entity in privity with or providing a benefit to Grantee. As used in this section,the term"Environmental Laws" shall mean all federal, state and local statutes, regulations or ordinances relating to the protection of health, safety or the environment including, without limitation,the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act,the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, all statutes, rules and regulations applicable to wetlands of any federal, state, county or local regulatory agency, and all similar state and local laws now or hereinafter enacted or amended. "Hazardous Materials" shall mean any waste, pollutant,toxic substance or hazardous substance, contaminant or material regulated by any Environmental Law including, without limitation,petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall survive any termination of this Grant of Easement. 10 b. Without limiting the generality of the foregoing, prior to commencing any work on Grantor's Property, Grantee at is sole cost shall (i) secure and provide Grantor with copes of any wetland permits required from any federal state or local regulatory agencies and(ii) if applicable, identify the erosion control methods or any other method provided by the Federal Clean Water Act to prevent construction material or debris from filling any wetland area. If any construction material or debris should fill any wetland areas, Grantee at its sole cost shall cause the same to be removed and the area restored to its original condition to the extent required by applicable law or reasonably required by Grantor. Grantee at its sole cost shall monitor, maintain, and restore any wetland areas affected by its use and occupancy on Grantor's Property for the time specified in any and all permits, licenses or other approvals obtained by Grantee hereunder. c. If, during the term of this Agreement, Grantee becomes aware of any violation of Environmental Laws or of the presence of any Hazardous Materials or threatened presence of Hazardous Materials in, on, over or under the soil, groundwater or other areas of Grantor's Property resulting from or connected with Grantee's use and occupancy of Grantor's Property, Grantee shall promptly notify Grantor in writing of such conditions and shall immediately secure the affected area in a manner required to protect public health and safety. d. Grantee shall manage any excavated soils in which Hazardous Materials are encountered in accordance with all applicable Environmental Laws, and, if permitted by such laws, shall restore the excavated work area to the condition existing before such Hazardous Materials were encountered. If, under applicable Environmental Laws, the excavated soils cannot be returned to the excavated work area, Grantee shall remove and dispose of the excavated contaminated soil at no cost to Grantor in the manner required by applicable Environmental Law, but in no event shall such contaminated soil be redeposited on Grantor's Property. 12. Defaults. The occurrence of any of the following shall constitute an event of default ("Event of Default") under this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of such default for a period of ten(10) days after notice thereof from Grantor; or b. Grantee's failure to perform or observe any other covenant, term or condition to be performed or observed by Grantee hereunder, and the continuation of such default for a period of thirty (30)days after notice thereof from Grantor; provided, however, that if such default cannot be cured within thirty (30) days and Grantee has undertaken diligent efforts within such thirty (30) day period to effect a cure, then the cure period shall be extended for such additional time, not to exceed an additional sixty (60) days, as may be required by Grantee through the exercise of continuous, diligent efforts to complete all required corrective action; or c. Any representation or warranty of Grantee hereunder proves to be false or misleading in any material respect when made; or d. Grantee's failure to maintain or cause its contractors or subcontractors to maintain the insurance coverages required under Section 10 hereof or Grantee's failure to furnish Grantor with evidence of such insurance as required by said Section; or 11 e. Grantee's failure to operate or maintain Roadway and Facility for a period of twelve(12)consecutive months. 13. Remedies. Upon the occurrence of an Event of Default, Grantor may exercise any one or more of the following remedies: a. terminate this Easement and all rights and privileges of Grantee under this Agreement by written notice to Grantee; or b. take any and all corrective actions Grantor deems necessary or appropriate to cure such default and charge the cost thereof to Grantee, together with(i) interest thereon at the Corporate Base Rate then published by Bank One(or at the prime rate then published by any other money center bank located in Chicago) and (ii) an administrative charge in an amount equal to twenty percent(20%) of the cost of the corrective action to defray part of the administrative expense incurred by Grantor in administering such cure, such payment to be made by Grantee upon Grantor's presentment of demand therefor; or c. any other remedy available at law or in equity to Grantor, including without limitation specific performance of Grantee's obligations hereunder. Grantee shall be liable for and shall reimburse Grantor upon demand for all reasonable attorney's fees and costs incurred by Grantor in enforcing Grantee's obligations under this Agreement, whether or not Grantor files legal proceedings in connection therewith. No delay or omission of Grantor to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver of any breach of any of the covenants of this Agreement shall be construed, taken or held to be a waiver of any other breach, or as a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant.The acceptance of payment by Grantor of any of the fees or charges set forth in this Agreement shall not constitute a waiver of any breach or violation of the terms or conditions of this Agreement. 14. Notices. All notices, requests, demands and other communications hereunder shall be in writingand shall be deemed given if delivered in person or by messenger or sent by U.S. certified mail, return receipt requested, or by a nationally-recognized overnight courier to the parties at the following addresses(or such substitute addresses as may be provided by either party in the manner described herein): If to Grantor: Real Estate Services Commonwealth Edison Company P. O.Box 805379 Chicago,Illinois, 60680-5379 If to Grantee: United City of Yorkville Mayor 800 Game Farm Rd. Yorkville,IL 60560 12 Such notices shall be deemed effective when personally delivered, if delivered in person or by messenger, three (3) days following deposit in U.S. mail, if delivered by certified mail, or one day following deposit with a nationally-recognized overnight courier. 15. Miscellaneous. a. Grantee's obligations under Sections 8, 9, 11 and 13 hereof shall survive the expiration or termination of this Easement and Grantee's rights and privileges under this Agreement. b. This Agreement and the rights and obligations of the parties hereto shall be binding upon and inure to the benefit of the parties and their respective successors, personal representatives and assigns; provided, however, that Grantee shall have no right to assign all or any portion of its right, title, interest or obligation in this Easement or under this Agreement without the prior written consent of Grantor, which consent may be granted or withheld by Grantor in its sole and exclusive discretion. Any attempt by Grantee to assign all or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The terms"Grantor" and"Grantee" as used herein are intended to include the parties and their respective legal representatives, successors and assigns (as to Grantee such assigns being limited to its permitted assigns). c. Upon any transfer or conveyance of the Easement Premises by Grantor, the transferor shall be released from any liability under this Agreement, and the transferee shall be bound by and deemed to have assumed the obligations of Grantor arising after the date of such transfer or conveyance. d. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements related thereto. There are no representations or understandings of any kind related to the subject matter hereof that are not fully set forth herein. Any amendments to this Agreement must be in writing and executed by Grantor and Grantee. Grantee agrees to cooperate with Grantor in executing any additional documents reasonably necessary to protect Grantor's rights under this Agreement. e. This Agreement shall be construed in accordance with the laws of the State of Illinois. Time is of the essence of this Agreement. f. In the event that any governmental or regulatory body or any court of competent jurisdiction determines that any covenant, term or condition of this Agreement as applied to any particular facts or circumstances is wholly or partially invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect such covenant, term or condition as applied to other facts or circumstances(unless the effect of such determination precludes the application of such covenant, term or condition to other facts or circumstances) or the validity, legality or enforceability of the other covenants, terms and conditions of this Agreement. In the event any provision of this Agreement is held to be invalid, illegal or unenforceable, the parties shall promptly and in good faith negotiate new provisions in substitution therefor to restore this Agreement to its original intent and effect. 13 g. No receipt of money by Grantor from Grantee, after the expiration or termination of this Agreement shall renew, reinstate,continue or extend the term of this Agreement. h. By signing this Agreement, Grantee affirms and states that it does not have any affiliated interest in Commonwealth Edison Company. Nothing in this Agreement shall be construed as making.the parties hereto partners, agents,joint ventures, members of a joint enterprise. i. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original and all of which, taken together, shall constitute one and the same Agreement. j. This Agreement shall be executed for and on behalf of Grantee pursuant to a resolution or ordinance adopted by its President and Board of Trustees/Mayor and City Council. Concurrently with its execution and delivery of this Agreement, Grantee shall furnish Grantor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement. k. By signing this Agreement Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements to be constructed pursuant hereto as a local improvement project or otherwise charged for the cost of such improvements. 16. Regulatory Approval. This Agreement may be subject to the approval of one or more regulatory agencies. If this Agreement is subject to such approval, the parties hereto agree to jointly seek such approval. If such approval is not granted by any agency, this Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their proper officers thereunto duly authorized as of the day and year first hereinabove written. COMM? AL '. EDISON CO By: UNITED CITY OF YORKVILLE By: Mayor 14 ATTEST: Village/City Clerk This instrument is prepared by Craig Dixon of Commonwealth Edison Company,P. O. Box 805379 Chicago,Illinois 60680-537990. kJLdmg\Flanagan\Fasement\Village of Machesney Pk.doc STA 1'E OF ILLINOIS COUNTY OF COOK ss. I, the undera ed, Not ,public, in and for the County and State aforesaid, DO HEREBY CE .T , that c✓C,711A/5 /ri 0 O'i/ , personally known to me to be the del/ems / 4i41-lefrim-6-c./L of COMMONWEALTH EDISON COMPANY, is the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument, on behalf of said corporation, as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. y fi Given under my hand and official seal, thi� 'day of ,2004$0,/ _ 'a P)// %X. o .ry Public Commission expires: / /L 7 r „,,„„,t"_-,k.,,,,,,,,,,,,„ / ( ` ,,.,- L SEAL CI,R.. D JACKSON SR E r + F;4mla ESI Grp r.•:-,' a ,,..^.,e§1”4�1!N,�!�4':iWc°xrt.'�i�yC� STATE OF ILLINOIS COUNTY OF ss. 15 4 I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of the United City of Yorkviklle whose name are subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that as such Mayork, they signed and delivered the said instrument, pursuant to authority given by the City Council of said United City of Yorkville, pursuant to a resolution or ordinance adopted by said City, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2004_. Notary Public Commission Expires: DEVELOPER'S UNCONDITIONAL AND IRREVOCABLE GUARANTY OF PAYMENT AND PERFORMANCE RAINTREE VILLAGE L.L.C,Illinois 60187, ("Developer")hereby unconditionally and irrevocably guarantees to and for the benefit of COMMONWEALTH EDISON COMPANY, an Illinois corporation, ( "Grantor"), the payment of all sums as and when due from the UNITED CITY OF YORKVILLE, an Illinois municipal corporation, ("Grantee"), under the foregoing Grant for Public Roadway and Subsurface Facilities and the full and faithful performance of all obligations of Grantee under the foregoing Easement, including without limitation the installation of Grantee's Roadway and Facility in accordance with the terms and conditions of the foregoing Easement. This guaranty shall expire on the date of Grantee's acceptance of title to Grantee's Roadway and Facility, as evidenced by Developer's delivery to Grantor of evidence reasonably acceptable to Grantor that Developer has delivered and Grantee has accepted title to Grantee's Roadway and Facility. By . ) r/ -/MO%0 Titles /,,, ,/, , �� 16 hM- Q QI U U H EXHIBIT A GRANTOR'S PROPERTY - A strip of land fifty feet in width and constituting what was formerly' the — 50 foot strip owned by the 70 and Illinois Union Railway Company as berotofSre surveyed and located, across the following described lands: A part of8+etias- , Number 9 in Township 36 North, Range 7 East of the 3rd P.N. ooamencing at a r-' point south 35 degrees 15' East 26.55 chains from a point which is 6.10 chaise - west of the sectional corner of section number 4,5,$ and 9, in said Tomnahip 56, - and thenoe run south 35 deg. 15' last 5.03 chains,' thence South 10 deg. West 1.50 chains, thence south 50 deg. 50' lest 12.42 chains, themes south 50 dei. Pact _ ahaine thence North 50 deg. 50' East 13.12 chains, thence south 55 deg. 15' Sant _ 19.83 chains, thence North 89 deg. 45' East 48.15 chains, thence North 55 deg. tie West 44.71 chainsthenoe North 77 deg. West 18.25 chainsthence North 51 deg. • 50' West 1.59 chains, thence South 48 deg. west 13.72 chains to the place of beginning, containing 154 88/100 acres of land, said strip running fres a point \ in the South boundary of said above described lands in a northerly direction to the north boundary thereof; also 18 s.. EXHIBIT NB" ROADWAY AND UT'Ii1TY EASEMENT OYER COMMONWEALTH EDISON RIGHT OF WAY i II 20 11111111E- tat ' 26 ZG t 0 ttsi �r rix a t 64 21 120 O FOX HI r LANDS P.U.D. 18 2 U IT ONE Q SUE LI Per I No. 0016554, ... .. . Noc 30. 2000 O U PROPOSED RAINTREE � 121 y� S 41 TIJI ONE c 'L SQ ' E pj fit:" • Raw the ei.,,s asysr 29 L . 'PND SS L aaft 1r teal u.. . "'� Q , 7' �' K�N�/ 167 stt \ '607 �l S7 T ' w Lek •+e' S - a 1\ E O 71 S1-q3. S OPEN SPACE W S .E 0 U maw NO.: 1114 JACOB = Tom. P.C. cmgors sr i m ar 515 n � lm& maw-g mist. eoJammerRx730-8389 scm� -me imam at UNITED CITY OF YORKVILLE To: Tony Graff, City Administrat From: Joe Wywrot, City Engineer Subject: Bid Schedules for 2004 Project J Date: April 14, 2004 We need to set bid dates for the different in-house construction projects we are planning for this year. We are a little behind in plan preparation so we aren't ready to go to bid immediately, but I want to set the dates so I know what deadlines I have to meet. I recommend the following: Cannonball Trail Roadway Improvements This project is currently estimated to cost $100,000. The plans are 10% complete. The recommended bid opening date would be June 21, 2004. The bid results would then go to PW Committee on June 28th, with City Council approval on July 13th. This should allow enough time to get the roadway work done by the time schools re-open on August 24th. If we can get the plans completed sooner, I would like to bid the project earlier and go straight to COW with the results. 2004 Joint& Crack Filling There is $26,000 budgeted for this MFT project. We are planning to crack fill in Fox Hill (except Unit 5), Yorkville Business Center, Countryside Parkway(E. Kendall to Route 47), and perhaps Sunflower Estates. I recommend opening bids on June 22, 2004, with the results going to Public Works Committee on June 28th and City Council award on July 13th. 2004 Asphalt Surface Treatment This project is currently estimated to cost about $40,000. We are planning to treat two areas this year, those being Fox Hill (except Unit 5) and Yorkville Business Center. The plans are complete. The scheduled bid opening date is May 21, 2004. The bid results would then go to PW Committee on May 24th, with City Council approval on June 8th. 2004 Public Sidewalk Repairs There is $35,000 budgeted for this project. We put a press release in the Kendall County Record a few weeks ago and are getting a fairly good response from residents. We typically also have some city-funded repairs and also a city-funded section of new sidewalk. We are currently planning to complete the walk on the north side of Fox Street between State and Morgan. There are some catch basins would need to be relocated by Public Works. We always try to get the sidewalk finished before school opens, therefore I recommend that we open bids on May 20, 2004. The bid results would then go to PW Committee on May 24th, with City Council approval on June 8th. • Please place this item on the Public Works Committee a, ••• •f A.ril 26, 2004 for consideration. Cc: Traci Pleckham, Director of Finance / q Phone 630=553-952% FEK 630-553-6204 e/ midi/ 1(4/141#1/ 9/1/664chid 67,4tee/Wn,rtsicr4W Tony Graff BATE: Tuesday, March 30, 2004 Bristol Ridge Rd. Bid Opening The bid opening for the Bristol Ridge Rd. Reconstruction was this morning. Below are the results: Abbey Paving Co: $1,816,159.34 H.W. Kuhn: S1,593,140.88 D Construction: $1,561,928.40 Aurora Blacktop: $1,435,017.08 *Low Bidder* Engineer's Estiiiiate: 51,777,695. 10. EEI will be completing the bid tabulation form, reviewing the bids, and making a formal recommendation. o Pub 1 . . 4-22,_COW 5-4, and City Council 5-11 . /1 / Y , Y i 9 4 2004 .y 52 Wheeler Road • Sugar Grove, IL 60554 4} u'i. � " 3 TEL: 630 / 466-9350 FAX: 630 / 466-9380 ®rte- ringwww.eeiweb.com ,i Inc:. Z1 30 YEARS OF €-4 .EXCELLENCE April 2, 2004 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bristol Ridge Road Reconstruction United City of Yorkville Kendall County, Illinois Dear Mr. Graff: Bids were received, opened and tabulated for work to be done on the above referenced project at 11:00 a.m., March 30, 2004 in the Engineering Conference Room at City Hall. Representatives of the United City of Yorkville, contractors bidding the project and our firm were in attendance. A tabulation of the bids is attached for your information and record. We recommend acceptance of the bid and approval of award be made to the low bidder, Aurora Blacktop, Inc., 1065 Sard Avenue, Montgomery, Illinois, 60538, in the amount of $1,435,017.09. Respectfully submitted, ENGINEERING ENTERPRISES, INC. )10 ,_______ IJohn T. Whitehouse, P.E., P.L.S. Senior Project Manager JTW/dmg w/attachment pc: Mr. Art Prochaska, Jr., Mayor Mr. Joe Besco, Alderman Mr..,Joe Wywrot, P.E., City Engineer Mr. Eric Dhuse, Director of Public Works Ms. Traci Pleckham, Finance Director Mr. Jerome Leifheit, Aurora Blacktop, Inc. G.\PUBLIC\Yorkville\2003\Y00326 Grande Reserve Perimeter Roads\Doc\Icofyo0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying BID TABULATION BRISTOL RIDGE ROAD RECONSTRUCTION UNITED CITY OF YORKVILLE BID TABULATION AURORA BLACKTOP,INC. H.W.KUHN,INC. K-FIVE CONSTRUCTION CORP. OSWEGO EXCAVATING,LLC ALLIANCE CONTRACTORS,INC. BIDS RECD 3/30/04 1065 Sard Avenue 20W651 North Avenue 13769 Main Street 328 E.Washington Street 1166 Lake Avenue Montgomery,IL 60538 West Chicago,IL 60185 Lemont,IL 60439 Oswego,IL 60543 Woodstock,IL 60098 TOTAL FOR CONSTRUCTION COSTS $1,435,017.09 $1,593,140.87 NO BID NO BID NO BID BID TABULATION UTILITY DYNAMICS THORNE ELECTRIC,INC. MEADE ELECTRIC CO.,INC. VIRGIL COOK&SON,INC. "D"CONSTRUCTION BIDS RECD 3/30/04 23 Commerce Drive P.O.Box 321 9550 W.55th Sl.,Ste.A 119 N.Eighth Street 1488 S.Broadway Street Oswego,IL 60543 Wheaton,IL 60189 McCook,IL 60525 l DeKalb,IL 60115 Coal City,IL 60416 TOTAL FOR CONSTRUCTION COSTS NO BID NO BID NO BID NO BID $1,561,928.39 BID TABULATION THOM GRAVEL&EXC.,INC. ABBEY PAVING CO.,INC. ENGINEER'S ESTIMATE BIDS RECD 3/30/04 710 Morton Ave.,Ste.S 2319 Diehl Road 52 Wheeler Road Aurora,IL 60506 Aurora,IL 60504 Sugar Grove,IL 60554 TOTAL FOR CONSTRUCTION COSTS NO BID $1,816,159.34 $1,777,695.10 G.\PUBLIC\Yorkvilla12003\Y0032e Grande Reserve Perimeter Roads\Eeg4hidsum01.xlslSheett METER REPAIRS PENDING DATE ACCT# 'NAME ADDRESS PROBLEM STATUS NEED RR INSTALLED -CANNOT ALWAYS 8/4/2003', 306030,EGET IN - ESTIMATING BILLS 8/ 6/2003 106040-02 NEED RR-CANNOT GET IN i NEED RR-HARD TO ACCESS FOR METER 8/ 5/2003 518020 READER METER STUCK AT 195700 LAST SEVERAL 1/6/20031 5031401 BILLINGS 12/ 12/2003 106130 SAME READ 1413 SINCE AUGUST 03 2/9/2004 311020'METER INACCESSIBLE 2/10/2004' 201200 SAME READ 1000 4/03 2/10/2004. 2052121 2ND METER SAME RD 10763 SINCE 8/03 SAME READ 3222 LAST 4 READS4/8/2004 314090 2/10/2004 111150 METER STUCK AT 74400 METER REPLACED 1/9/2003 5090301 STUCK METER AT 13700 METER REPLACED 3/ 19/2004 505170 10SR DIFFERENT THAN INSIDE METER 'METER REPLACED DID NOT PICK UP 1 1 CERTIFIED 2/12/2002, 108060 STUCK AT 2938 LETTER DID NOT PICK UP CERTIFIED 2/12/2002' 108161 STUCK AT 1322 LETTER 9/3/20031210170-02I METER NEEDS NEW FACE-WORN OFF ',METER REPLACED e CITY OF YORKVILLE ...311 r^' , m�J101. T,v- VVAT E D R EPARTMENT REPORT JIIIIIIL- MONTH FEBRUARY 2004 WELLS WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 457 184 10,749 4 1393 449 162 15,131 TOTAL 25,880 CURRENT MONTH'S PUMPAGE IS 1,022,000 GALLONS 0 MORE THAN LAST MONTH T1 LESS 4,911,000 GALLONS T1 MORE THAN THIS MONTH LAST YEAR 0 LESS DAILY AVERAGE PUMPED: 892,000 GALLONS DAILY MAXIMUM PUMPED: 1,128,000 GALLONS DAILY AVERAGE PER CAPITA USE: 104 -GALLONS WATER TREATMENT CHLORINE FED: 402 LBS. CALCULATED CONCENTRATION: 1.9 MG/L FLUORIDE FED: 360 LBS. CALCULATED CONCENTRATION: 0.30 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 2 SAMPLE(S) TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE NUMBER OF METERS REPLACED : 5 NUMBER OF LEAKS OR BREAKS REPAIRED : NEW CUSTOMERS RESIDENTIAL 27 COMMERCIAL 5 INDUSTRIAL/GOVERNMENTAL COMMENTS 2 WATER MAIN BREAKS ROUTE 47 IN FRONT OF PRIDE PANTRY & AT E KENDALL & MULHERN COURT APPROX 120,000 GALLONS LOST FIRST PHASE OF RAINTREE ON LINE UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: 2004 Joint & Crack Filling Project— T Appropriate Resolution Date: April 23, 2004 Attached find a partial copy of the bidding documents, estimate of cost, and MFT appropriate resolution for the referenced project. This year we are planning to crack fill the streets in Fox Hill Units 1, 2, 3, 4, and 6, as well as Yorkville Business Center Units 1, 2, and 3. The cost estimate for this work is $25,485.60. Last year we got very good bids, and were able to expand the project to include additional streets without exceeding the MFT appropriation. If we have the same opportunity this year I would like to perform crack filling in Cimarron Ridge Units I and 2, as well as Sunflower Estates Units 1 and 2. Sunflower has not been accepted by the city yet, but I would still like to do that work now rather than letting the streets deteriorate for another year or two. Dan Kramer did approve maintenance work in the White Oak subdivision before the City Council accepted those streets, stating that performing maintenance work did not constitute acceptance of public infrastructure. In order to meet the bid schedule we have proposed, we will need to approve the MFT appropriate resolution at the May 11th City Council meeting. Therefore this item will be presented to the Public Works Committee at their meeting on April 26, 2004 as Additional Business. If you have any questions, please see me. Cc: Dan Kramer, City Attorney Traci Pleckham, Director of Finance Liz D'Anna, Deputy City Clerk < RETURN WITH BID PROPOSAL SUBMITTED BY Contractor's Name Street P.O. Box City State Zip Code J STATE OF ILLINOIS Cl) COUNTY OF Kendall O Q- E City of Yorkville 0 LO (Insert name of City,Village,Town or Road District) a W O ESTIMATE OF COST,SPECIFICATIONS, PLANS, -O MATERIAL PROPOSAL, CONTRACT PROPOSAL, Z m CONTRACT AND CONT 'CT BOND. UJ O LU (Strike out that which is not applicable) = 0 ~ O Z Z FOR C( THE IMPROVEMENT OF LU O VARIOUS STREETS STREET NAME OR ROUTE NO. 2004 JOINT& CRACK FILLING l- 0 O SECTION NO. 04-00000-01-GM Z 0 2 TYPE OF FUNDS MFT W Z - r a) TO BE CONSTRUCTED UNDER Z THE PROVISIONS OF UJ THE ILLINOIS HIGHWAY CODE m Submitted Approved/Passed APPROVED Arthur F Prochaska, Jr., Mayor DEPARTMENT OF TRANSPORTATION Highway Commiccionor/Mayor/Prcoidcnt of Board of Truntccc For County and Road District Projects Only Date Submitted/Approved District Engineer County Engineer/Superintendent of Highways IL 494-0328 BLR 5701 (Rev. 10/01) V? Illinois Department of Transportation Notice to Bidders Route 2004 Joint & Crack Filling RETURN WITH BID County Kendall Local Agency City of Yorkville Section 04-00000-01-GM Time and Place of Opening of Bids Sealed proposals for the improvement described below will be received at the office of the City Engineer City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 , Illinois (address) until 11:00 o'clock A M., June 22, 2004 Proposals will be opened and read publicly (date) at 11:00 o'clock A M., June 22, 2004 at the office of the City Engineer (date) City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 (address) Description of Work Name 2004 Joint & Crack Filling Length N/A feet ( N/A miles) Location Various street locations as identified on Location Map Proposed Improvement Consists of routing, cleaning, and sealing of joints and cracks in the pavement with Rubberized asphalt cement and traffic control in order to safely perform the project. Bidders Instructions 1. Plans and proposal forms will be available in the office of the City Engineer City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 2. If prequalification is required , the 2 low bidders must file within 24 hours after the letting an "Affidavit of Availability" (Form BC 57), in triplicate, showing all uncompleted contracts awarded to them and all low bids pending award for Federal, State, County, Municipal and private work. One copy shall be filed with the Awarding Authority and 2 copies with the IDOT District Office 3. All proposals must be accompanied by a proposal guaranty as provided in BLRS Special Provision for Bidding Requirements and Conditions for Contract Proposals contained in the "Supplemental Specifications and Recurring Special Provisions". 4. The Awarding Authority reserves the right to waive technicalities and to reject any or all proposals as provided in BLRS Special Provision for Bidding Requirements and Conditions for Contract Proposals contained in the "Supplemental Specifications and Recurring Special Provisions". 5. Bidders need not return the entire contract proposal when bids are submitted unless otherwise required. Portions of the proposal that must be returned include the following: a. BLR 5701 - Contract Cover d. BLR 5706 - Contract Schedule of Prices (if needed) b. BLR 5704 - Notice to Bidders e. BLR 5707 - Contract Schedule of Prices and Signatures c. BLR 5705 - Contract Proposal f . BLR 5708 - Proposal Bid Bond (if required) 6. The quantities appearing in the bid schedule are approximate and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of work performed and accepted or materials furnished according to the contract. The scheduled quantities of work to be done and materials to be furnished may be increased, decreased or omitted as hereinafter provided. BLR 5704 (Rev. 10/01) Page 1 of 2 CRI 18 17 ._. • „4j* 5,-OC16 Ill I 1 'Cr-il \IIIIIIVIril. j 1 �1 ?� Ocic berry Cr"..„ . 19 �� 20 11111. - Ci 41r t fi , .." Ati/-1 VE. 1--- , p-............___ . ; iiik vori ,....:, _ : .. diiii------------------------_ CI , I, Air , . , . , rD , C: . .., EJ:1:2 rftegftr------,a 29 II Mal 1 Alm. jratilli al.I 28 o� 30 0 -- 1 11111.1111 P.N.A. Youth i Camp11:::1 Will in 17 YORKVILLE� HIGH SCHOOL nm i' 1 0003=,[ , ge_ I lAN -. n87l7 iFoz � rot. �©0� 33 CSC __ Chicago Council ��Boy Scoots ofAmerica ilLJOEJE:::AL -lj 11111b1 .7 Illinois Department of Transportation Municipal Maintenance Operations Location Surface Maintenance Operation Existing Street From To Type Length Width No. Description Quantity .InNN ST SYfANInRF Rn Wil I (l\N\NAY RIT 71n1 11 1 rRAC.K FII I INC; 7ric7 JOHN ST WILLOW WAY TERMINUS BIT 1593 33 1 CRACK FILLING 1180 SYCAMORE RD ROUTE 34 JOHN ST BIT 755 33 1 CRACK FILLING 1025 SYCAMORE RD JOHN ST TERMINUS BIT 872 33 1 CRACK FILLING 1183 CHESTNUT LN SYCAMORE RD JOHN ST BIT 1246 25 1 CRACK FILLING 1691 SEQUOIA CIR SYCAMORE RD TERMINUS _ BIT 220 25 1 CRACK FILLING 300 CHESTNUT CT CHESTNUT LN TERMINUS BIT 134 25 1 CRACK FILLING 180 ASPEN LN JOHN ST JOHN ST BIT 1807 25 1 CRACK FILLING 2197 WHITE PINE CT JOHN ST TERMINUS BIT 269 25 1 CRACK FILLING 327 DIEHL FARM RD ROUTE 34 JOHN ST BIT 863 33 1 CRACK FILLING 1050 COTTONWOOD TR JOHN ST (E) DIEHL FARM RD BIT 1097 25 1 CRACK FILLING 1490 COTTONWOOD TR DIEHL FARM RD JOHN ST (W) _ BIT 1187 25 1 CRACK FILLING 1443 STONERIDGE CT COTTONWOOD TR TERMINUS BIT 300 25 1 CRACK FILLING 407 STONERIDGE CIR COTTONWOOD TR TERMINUS BIT 133 25 1 CRACK FILLING 180 COTTONWOOD CT COTTONWOOD TR TERMINUS BIT 168 25 1 CRACK FILLING 205 CYPRESS LN DIEHL FARM RD TERMINUS BIT 345 25 1 CRACK FILLING 420 EVERGREEN LN JOHN ST (N) JOHN ST (S) BIT 1698 25 1 CRACK FILLING 1258 WILLOW WAY JOHN ST (N) JOHN ST (S) BIT 1546 25 1 CRACK FILLING 1145 KENNEDY RD ROUTE 47 LEXINGTON CIR (E) BIT 1400 Varies 1 CRACK FILLING 1037 WHEATON AVE ROUTE 47 1726 FT WEST BIT _ 1726 36 1 CRACK FILLING 3350 WHEATON AVE 1726 FT WEST OF 47 TERMINUS BIT 620 36 1 CRACK FILLING 460 COMMERCIAL DR WHEATON AVE TERMINUS BIT 1604 36 1 CRACK FILLING 1187 TOTAL 24272 Submit Four (4) copies to District Engineer BLR 8203(Rev.8/96) Crackfilling Calculation Spreadsheet Area ID Number 1 1 1 2 3 3 Area/Subdivision: Fox Hill-Unit 1 Fox Hill-Units 2, 3,&6 Fox Hill-Unit 4 Kennedy Road YBC-Unit 1 YBC-Units 2&3 Totals Total Pavement Area(SY): 21364 14660 14852 0 6904 0 57780 Total Centerline Distance of Streets(FT): 6742 4757 4837 1400 1726 2224 21686 0 Average crackfill weight per SY of pvmt(LB): 0.15 0.2 0 0.3 0.3 0.3 1 Average length of crack per pound of crackfill(FT): 2.7 2.7 2.7 2.7 2.7 2.7 16 0 Total length crack routing(FT): 22136 17430 9674 2800 9044 4448 65533 0 Crackfill quantity-random cracks(LBS): 3205 2932 0 0 2071 0 8208 Crackfill quantity-EOP sealing(LBS): 4994 3524 3583 1037 1279 1647 16064 Total crackfill quantity(LBS): 8199 6456 3583 1037 3350 1647 24272 County Kendall Illinois Department Municipality/Road District City of Yorkville of Transportation Section 04-00000-01-GM (Construction) Estimate of Cost Location and brief description (Sta.and land description of beginning;Sta. only for end for county and road districts; street limits for municipality.) Routing, cleaning, and sealing of random and construction joints on the following streets: John St, Sycamore Rd, Chestnut Ln, Sequoia Cir, Chestnut Ct, Aspen Ln, White Pine Ct, Diehl Farm Rd, Cottonwood Tr, Stoneridge Ct, Stoneridge Cir, Cottonwood Ct, Cypress Ln, Evergreen Ln, Willow Way, Kennedy Rd, Wheaton Ave, Commercial Dr. Total Project Length N/A Net Length N/A Bridge or Culvert Surface Type N/A Shoulder Type N/A Length N/A Width N/A Width N/A Width N/A Item Items Unit Quantity Unit Price Total Cost Number C:ARRIFD FORWARfl 1 Crack Filling LB 24,272 1.05 $25.485.60 ❑ Page Total ❑ Total Estimated Cost $25,485.60 Made by Joe Wywrot, City of Yorkville Date 04/23/2004 Checked by Date BLR 5730(Rev. 7/01) Page of +e• Resolution for Maintenance of Illinois Department Streets and Highways by Municipality Of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the City Council of the (Council or President and Board of Trustees) United City of Yorkville , Illinois, that there is hereby (City,Town or Village) (Name) appropriated the sum of $25,485.60 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2004 to December 31, 2004 BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s)for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa , Illinois. I, Jacquelyn Milschewski Clerk in and for the United City (City,Town or Village) of Yorkville , County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council at a meeting on May 11, 2004 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City Clerk (City,Town or Village) APPROVED Date Department of Transportation District Engineer BAR 4123(Rev. 6/2000)