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Home My WebLink AboutCity Council Packet 2004 07-13-04 ,`s.D C/r 0 � United City of Yorkville EST. 1s3s County Seat of Kendall County 800 Game Farm Road + t/) Yorkville, Illinois 60560 0 (1 O Phone:630-553-4350 AGENDA *1-1 L E wv Fax:630-553-7575 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised 7/12/04 Tuesday, July 13, 2004 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, July 26, 2004 To Be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Wednesday, July 21, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, August 12, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, July 22, 2004 City Hall Conference Room Public Hearings: None Citizen Comments: Presentations: None City Council Meeting Agenda July 13, 2004 Page 2 Consent Agenda 1. Police Reports for May 2004 2. In-Town Road Program—Additional Services - authorize additional services from Smith Engineering Consultants, Inc. in an amount not to exceed$1960.00 3. Kylyn's Ridge Unit 1 —LOC Reduction#2 - reduce the letter of credit by$87,263.44 4. Kylyn's Ridge Unit 2—LOC Reduction#1 - reduce the letters of credit from Earthwork by$80,065.24 and from Onsite Work by$715,061.20 5. Heartland Circle—LOC Reduction#1 - reduce the letter of credit by$3,323,491.63 6. 2004 Joint & Crack Filling—Results of Bid Opening - award contract to SKC Construction, Inc. in an amount not to exceed$23,082.67 7. Resolution Granting School District's Request for Exemption from Water Conservation Regulations 8. Building Permit Reports for April 2004 9. River's Edge Park—Bid Approval - award contract to George's Landscaping for general construction in an amount not to exceed$80,513.00 and for total construction costs not to exceed$131,616.22 10. Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park Development - authorize Mayor and City Clerk to execute 11. Faxon Road Extension—Whispering Meadows to Rt. 47—EEI Engineering Agreement -authorize Mayor and City Clerk to execute IDOT agreement for MPl funds for preliminary construction engineering services to be completed by EEI Engineering, Inc. in an amount not to exceed$45,500.00 12. Cannonball Trail Roadway Improvements—Results of Bid Opening & Funding Options - award contract to Aurora Blacktop in an amount not to exceed$164,846.39. $102,000.00 to come from general fund and remaining$62,846.39 from fund balance 13. Raymond Storm Sewer Outfall—EEI Engineering Agreement- award preliminary design services to EEI Engineering, Inc. in an amount not to exceed$14,490.00 and authorize Mayor and City Clerk to execute with a notice to proceed. Authorize final design and construction services in an amount not to exceed$108,685.00 with a notice to proceed, subject to receiving developer funds 14. Kennedy Road Reconstruction—Theidel Property—EEI Engineering Agreement -authorize Mayor and City Clerk to execute IDOT agreement in an amount not to exceed$87,098.00 subject to receiving developer funds 15. Emergency Generator -authorize purchase from Patten Power Systems in an amount not to exceed $50,292.40 to be paid from fund balance 16. Request Purchase of Budgeted Vehicle- request to purchase from Miles Chevrolet a 2004 Impala Squad Car in an amount not to exceed$18,224.00 17. Records Disposal Service— Shred Co Contract - authorize City Administrator to execute City Council Meeting Agenda July 13, 2004 Page 3 Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—June 22, 2004 and May 25, 2004 Minutes of Committee of the Whole—May 18, 2004 and November 4, 2003 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,040,690.34 (vendors) $ 277,463.63 (payroll period ending 6/12/04 & 6/26/04) $ 1,318,153.97 (total) Reports: Mayor's Report: 1. Appointment of Tammie Smock to the Park Board 2. Presentation of Certificate of Recognition to Officer Daniel Pleckham for Exemplary DUI Enforcement 3. Swearing-In of Scott Carter as Part-Time Patrol Officer 4. Yorkville Bristol Sanitary District- Request for River Road Street Improvement 5. Coffee with the Mayor: July 17, 2004 at Sunfield Restaurant from 9:00 - 11:00 a.m. Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks &Recreation Report: Community& Liaison Report: City Council Meeting Agenda July 13, 2004 Page 4 Committee Reports: Public Works Committee Report: 1. CJ Insulation Easement—for Watermain to New Water Tower North of Galena Road 2. Hydraulic Avenue Interceptor—Results of Bid Opening (rejection of bids—authorize to re-bid) Economic Development Committee Report: 1. Marathon Petroleum— Setback Variances for 504 S. Bridge Street 2. Bailey Meadows Annexation&Preliminary Plan a. Ordinance Authorizing the Execution of Annexation Agreement b. Ordinance Annexing 3. Yorkville Hill Landscaping Annexation and PUD Agreement a. Ordinance Authorizing the Execution of Annexation Agreement b. Ordinance Annexing Public Safety Committee Report: 1. Hiring Individual to Replace Officer Patricia Cemekee Administration Committee Report: 1. Ordinance Authorizing and Providing for the Issue of$650,000.00 Debt Certificates for the In-Town Road Program Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body. 2. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda July 13, 2004 Page 5 COMMIT FEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 PUBLIC WORKS _ Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderwoman Burd IECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building &Zoning Chamber of Commerce Committee: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Spears Plan Commission Committee: Alderman Munns Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY; Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Committee: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James ;ADMINISTRATION! Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco AD-HOC: TECHNOLOGY; Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare 07/09/2004 12:44 FAX 630 553 5764 DANIEL J. KRAMER IA 002/004 STATE OF ILLINOIS ) COUNTY OF KENDALL ) RESOULTION NO. RESOLUTION GRANTING YOKVILLE SCHOOL DISTRICT#115 REQUEST FOR EXPEMPTION FROM UNITED CITY OF YOKRVILLE ORDINANCE NUMBER 2004-17 WHEREAS, the United City of Yorkville, after due consideration, enacted United City of Yorkville Ordinance Number 2004-17, an Ordinance consisting of Water Conservation Regulations; and WHEREAS, the Mayor and City Council of the United City of Yorkville have received a request from the Yorkville School District#115 to exempt the Yorkville School District from compliance with the United City of Yorkville Water Conservation Regulations at the newly constructed school located along Route 126 in the United City of Yorkville; and WHEREAS, in the interest of public safety the Mayor and City Council find it necessary to have the above referenced property seeded and sod prior to the commencement of the 2004 school year; and WHEREAS, the Yorkville School District#115 shall be permitted to water the grounds located at the above referenced property during the permitted hows of water use stated in the above referenced Ordinance; and NOW THEREFORE, the United City of Yorkville upon motion duly made, seconded, and approved by a majority of those voting below does hereby resolve to all 1 07/09/2004 12:44 FAX 830 553 5764 DANIEL J. KRAMER 1J003/004 Yorkville School District#115 an exemption from abiding by United City of Yorkville Ordinance 2004-17 subject to the following terms and conditions: That in the event that the United City of Yorkville Water supply becomes diminished, any of the United City of Yorkville Wells fail, issuance of an Emergency Proclamation in accordance with Ordinance 2 004-17, t hen Y orkville School District#115 w ill h ave t o cease utilization of the United City of Yorkville water supply and find an alternative means of hydration until directed by the United City of Yorkville Public Works Department, WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004, MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2004. Attest: CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street 2 Yorkville, Illinois 60560 630.553.9500 STATE OF ILLINOIS/IDNR DOC-3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1. Project Sponsor: City of Yorkville 2. Project Title: Kvlyns Ridge/ Cannonball Park Dev. The City of Yorkville hereby certifies and acknowledges that it has 100%of the funds (local project Sponsor) necessary (includes cash and value of donated land) to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition Projects It is understood that the project sponsor has up to twelve (12) months following project approval to acquire the subject property (petition to condemn must be filed for acquisitions involving eminent domain) and three(3)months following acquisition closing to submit a final reimbursement billing request to the IDNR(excluding eminent domain cases). Development Projects It is understood that the local project sponsor has six (6) months following project approval to initiate project development and a total of 24 months to complete said development with a Final Billing request submitted to IDNR within three(3)months following completion. The City of Yorkville further acknowledges and certifies that it will comply with all (local project sponsor) terms, conditions and regulations of 1)the Open Space Lands Acquisition and Development(OSLAD)program( 17 IL Adm. Code 3025)or federal Land&Water Conservation Fund(LWCF)program(17 IL Adm. Code 3030),as applicable, 2)the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced Persons Relocation Act (310 ILCS 40 et.seq.), as applicable, 3) the Illinois Human Rights Act (775 ILCS 5/1-101 et. seq.), 4) Title VI of the Civil Rights Act of 1964, (P.L. 83-352), 5)the Age Discrimination Act of 1975(P.L. 94-135), 6)the Civil Rights Restoration Act of 1988(P.L. 100-259)and 7)the Americans with Disabilities Act of 1990(P.L. 101-336);and will maintain the project area in an attractive and safe condition, keep the facilities open to the general public during reasonable hours consistent with the type of facility, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion; and for property acquired with OSLAD/LWCF assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used, in perpetuity, for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the City of Yorkville certifies to the best of its (local project sponsor) knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the City of Yorkville (local project sponsor) at a legal meeting held on the day of , 2004 . (Authorized Signature) (Title) ATTESTED BY: (Title) Rev.1/01 06/17/2004 15:41 FAX 630 553 5764 DANIEL J. KRAMER a 002/002 • .cEa Co moi• , `0, United City of Yorkville ,•:..-4 ' County Seat of Kendall County EST.Ci• Ian 800 Game Farm Roaa "�� 4 'r y Yorkville,Illinois 60560 O� IC 1.4�.• 0 Phone:630-553-4350 ~" Z Fax:630-553.7575 LL1E `‘# June 17, 2004 Memo To: United City of Yorkville,Mayor and City Council RE: United City of Yorkville shredding proposals Dear Ladies and Gentlemen: Please be advised that I have reviewed the summary comparison Shred-Co and Accurate Document Destruction proposals for destruction services with the United City of Yorkville. Representatives from the aforementioned destruction firms met with the City Staff and explained the cost and the services which would be provided by their respective firms. Based upon the representations made by the representative of their respective firms I would recommend that the United City of Yorkville enter into a Contract with Shred-Co for the destruction of City materials. Should you have any further questions, please feel free to contact my office. Very yours, 44- Daniel J. Kramer Attorney at Law DJK:rg o,e,O co), • . . _ a Yorkville Police Department Memorandum Ar 804 Game Farm Road EST. 1836 Yorkville, Illinois 60560 i� '"V Telephone: 630-553-4340 I ;;' Fax: 630-553-1141 O/I, `°"' 5e* 0 .4., KenciaD County ,io 4744.E %tib Date: June 15, 2004 To: Harold Martin, Chief of Police Anton Graff, City Administrator t.\ From: Molly Batterson, Office Superviso Reference: Shredding Proposals The following is a comparison of Shred-Co vs Accurate Document Destruction: Item of Discussion Accurate Document Destruction Shred-Co Previous Contact None Yes. Destroyed city's and police's records during last state destroy. Contractual Service Yes. 5 Years with increases at No. Rates may increase up to 4% various stages of contract. each year, but has not happened in recent times. Client Feedback Unknown. Sales representative was Yes. Yearly maintenance visits are very unhelpful in answering made at minimum. Customer questions. surveys are conducted at random via mail and/or phone. Billing Approximated at $150 per month. One flat fee of $17 per console (rate Billed by the minute with a minimum change due to being a previous charge per visit, customer.) Service Frequency Once a month. Once a month. Consoles Smaller consoles are professional Professional looking consoles for looking. Large consoles look like inside our offices. waste management bins on wheels and do not look appropriate in office/work places. Console Sizes Various sizes available. Small bins Various sizes available, all which are not locked consoles, just a small lock. "recycle" bin. Computers Only destroys, does not recycle. No Recycles monitors and towers. $20 fee given. per item. Destruction of Cannot be placed in the consoles. All items can be placed in the miscellaneous items. Must have a separate pick-up date at provided consoles at no extra an additional charge. charge. Newspapers/Phone Cannot be placed in the consoles. All items can be placed in the Books/Bound Must have a separate pick-up date at provided consoles at no extra Materials/3-Ring an additional charge. A recycle bin charge. Eliminates the need for two Binders would have to be maintained with bins at each location, saving office the console taking up even more space. office space. e0o C!Tyo Yorkville Police Department Memorandum Ali;),- 804 Game Farm Road Est. 18366 Yorkville, Illinois 60560 -- Telephone: 630-553-4340 p i2 Fax: 630-553-1141 ':kendail County `*.a j4tE `‘,y Item of Discussion Accurate Document Destruction Shred-Co _ License Plates/Keys No. Yes. No extra charge. VHS Tapes No. Yes. No extra charge. Uniform Shirts No. Yes. No extra charge. Additional Banker Yes. Charged for additional time it Yes. Set at $6.60/per box Boxes of Records takes to be shredded. No set fee. (Standard Size) Total Cost Approximated at a minimum of A flat rate of $17 per $1800 per year, however, this could console/bag/box of material. change due to volume increases as $2448 per year. they are billing per minute. As you may be aware of, I had the opportunity to meet with both Arthur Chavez of Accurate Document Destruction and Richard Guy of Shred-Co on June 15, 2004. The first meeting was with Mr. Chavez at a scheduled meeting at the City Offices. Mr. Chavez was completely unprepared and had no information available to us about his company and/or services other than verbal responses to our questions. Upon calling him back with additional questions, his response time was poor and did not talk to me, rather told my clerk that he would fax over some more information, which only answered one question. Upon an impromptu call to Mr. Guy for some clarification on his company's services, he was available to respond in person to the police department and answered all of my questions on the spot, just as he had when we first decided to use Shred-Co. Mr. Guy even had one of his drivers standing by to show us the truck "just in case we wanted to see it again." Although the Accurate Document Destruction quote is $1800 per year, this is only an approximate cost. This does not include any other call-outs to destroy binders, hard drives, CD's, engineering plans/blue prints, etc. This would be a minimum charge of $50 until our rates increase on the five year contract schedule. With the outlined items of discussion and the above paragraphs, I believe the extra $648 per year is worth spending on a company that can rid City waste immediately without extra phone calls and charges being made, as their company has access to more resources that could benefit the City in a more efficient manner. hroct-co MOBILE PAPER SHREDDING&RECYCLING CUSTOMER SERVICE AGREEMENT This CUSTOMER SERVICE AGREEMENT(the "Agreement") between Shred it International d/b/a "Shred-Co",and wed r 715& C % i Y et i�2i� �� ("Customer") shall become effective this day of , 200 In consideration of the promises set forth in this Agreement,the parties agree as follows: 1. Definitions: For purposes of this Agreement,the terms set forth below will have the following meanings: 1.1 A"Certificate of Destruction" is a document that Shred-co provides to Customer as confirmation that the Document Collection and Destruction Process,as described in Section 2.2, has been completed with respect to certain Confidential Materials. 1.2 "Confidential Materials"are any materials, including documents that are placed within Shred-co's locked Security Consoles and/or Bins located on Customer's business premises. 1.3 "Locked Security Consoles and Bins"are secured storage containers designed for the day-to-day collection and storage of Customer's Confidential Materials. 1.4 "Shredded Material"consists of the waste material that is produced by Shred-co's mechanical shredding devices during the Document Destruction Process. 1.5 "Document Destruction Process"makes reference to the on-site,crosscut shredding process utilized by Shred-co. 1.6 "Service Fee" is the dollar amount Shred-co shall charge for its Document Collection and Destruction service. 2. Shred-co Services: Shred-co will provide the following services to Customer: 2.1 Equipment: Shred-co will provide and maintain a reasonable supply of Locked Security Consoles and/or Bins, and other related equipment for the collection and storage of Customers Confidential Materials. 2.2 Document Collection and Destruction: Shred-co will: (a)physically collect Customer's Confidential Materials on a regularly scheduled basis,to be mutually determined by Shred-co and Customer, and (b) upon physical collection of the Confidential Materials,destroy, on or in reasonable proximity to Customer's business premises,the Confidential Materials through use of mechanical shredding devices(the"Document Destruction Process"). 2.3 Certification: At the conclusion of the Document Destruction Process, Shred-co will immediately provide Customer with a Certificate of Destruction. 2.4 Inspection Rights: Upon Customer's request, an authorized representative of Customer may, at any time, inspect the Document Destruction Process. 2.5 Document Disposal and Recycling: Shred-co will recycle or otherwise dispose of Customer's Shredded Material in the ordinary course of Shred-co's business. 3. Ownership of Equipment: The Locked Security Consoles and/or Bins, and any other equipment provided to Customer by Shred-co will at all times remain the property of Shred-co. Customer will have no interest in or rights to the Locked Security Consoles and/or Bins,or the other equipment provided by Shred-co. 4. Damaged Equipment: Customer will fully compensate Shred-co for any damage to,or loss of,the Locked Security Consoles or any other equipment supplied to Customer by Shred-co;except for any equipment loss or damage directly caused by Shred-co,which loss or damage shall be Shred-co's responsibility. 5. Service Fee: As a Service Fee, Customer will pay Shred-co the greater of: (a)$ /J - per service visit,or(b) $ per „1:,1,..{ .i/rarf✓ ,and/or$ for each — Bag Security Bin,for each document collection,destruction and other related Services. Customer will pay the Collection and Destruction Fee within 3'cJ days of receiving an invoice for Services. 6. Frequency of Service shall not exceed every eight weeks. 7. Term of Agreement: This Agreement will remain in force for a term of /,2 months(s)(the"Initial Term"), and will automatically renew for an unlimited number of additional terms(a"Renewal Term")unless terminated by either party by 30 days written notice as described in Section 8. 8. Adjustment of Service Fees: At the end of the initial 12-month Period of Service, Shred-Co shall have the option to annually increase the Document Collection and Destruction Fee by %per shredding service. 9. Default and Termination: 9.1 Should Customer fail to pay Shred-co in full for all Document Collection and Destruction Services within 120 days of the date of service, Shred-co shall havethe option to terminate this Agreement,with 30 days written notice by Certified Mail,to the address of record. Customer will be responsible to pay all Service Fees incurred to date of termination. 9.2 Customer shall be entitled to not renew this Agreement,with 30 days written notice by Certified Mail to: The General Manager, Shred-co,8102 Lemont Road,Woodridge,II 60517. Under this provision,this Agreement shall remain in effect for the balance of its current term,with all balances due paid within 30 days of termination date. 9.3 Customer shall be entitled to terminate this Agreement for non-performance prior to the current expiration date with 30 days written notice by Certified Mail to:The General Manager, Shred-co,8102 Lemont Road,Woodridge, II 60517. Customer agrees to include a payment equal to all unpaid balances,and further agrees to pay the Service Fee for the final shredding service within 30 days of service. 10. Excused Performance: Shred-co will not be in breach of this Agreement where Shred-co's failure to provide service is due to circumstances beyond Shred-co's reasonable control including without limitation to strikes,wars, riots,civil commotion, fires,natural disasters and acts of government. 11. Assignment: Customer will not assign this Agreement without the written consent of Shred-co. 12. Jurisdiction:This Agreement is subject to the Laws of the State of Illinois,and contains all agreements and understandings between the parties. The parties have executed this Agreement as of Effective Date shown above. Shred-Co. Customer By: By: Print: ,,c- �cf«e.a ec11- Print:: Title: Title: Fee For Service By Item: 1. The initial 12 consoles at $17.00 per console 2. Addition consoles and/or blue console bags at.$17.00 each 3. Standard copy paper or Banker's boxes at$6.60 each 4. File size Banker's Boxes(12"x 12"x23") at$9.15 each 5. Computer monitors or towers at$20.00 each 2 MINUTES OF 1'HT,REGULAR MEETING OF ME CITY COUNCIL OF DRAFT [HE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY.MAY 25,2004. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Munns Absent Ohare Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Administrator Graff,City Attorney Dan Kramer,Police Chief Martin and Executive Director of Parks&Recreation Brown QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO 11:11,AGENDA Mayor Prochaska stated that the presentation of a Certificate of Appreciation to Officer Patricia Cernekee has been tabled. Also,the Council does not need to go into Executive Session this evening. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,June 28,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,June 17,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,June 10,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,May 27,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced PUBLIC HEARINGS PC 2003-13 Bailey Meadows Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC 2003-13 Bailey Meadows:IRED Baseline LLC,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and B-3 Service Business District. The real property consists approximately 150.3 acres at the southwest corner of Baseline Road and Route 47,Bristol Township,Kendall County,Illinois. So moved by Alderman Sticka;seconded by Alderman Kot Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye Please see attached Report of Proceedings taken before Chris Visla,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. The Minutes of the Regular Meeting of the City Council—May 25.2004-page 2 Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Sticka;seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye CITIZEN COMMENTS None PRESENTATIONS Yorkville Police Department 2003 Year End Analysis Police Chief Harold Martin,assisted by the Police Department's Office Supervisor Molly Batterson,presented the Yorkville Police Department's 2003 Year End Analysis. The analysis covered the following items: o Outside Agency Reports—total dispatched service calls from KenCom o Personnel—administrative and patrol personnel rosters and personnel changes o Manhour Reports—total manhours,accident,administrative activity,animal complaints, arrest activity,community relations,department duties,investigations,ordinance/traffic violations,personnel activity,preventative patrol,public complaints,public services, report activity,school activity,traffic activity and training o Offense Reports—total incident reports taken,accidents,burglaries,thefts,crimes against property,crimes against person,drug offenses,major&minor traffic violations,seatbelt &speeding violations and citations&warnings issued o Personnel Changes—promotions,hiring and retirements o Cops in the Schools—School Resource Officers,DARE program,anger management and abstinence programs and driver's education program o Commendations&Recognitions—officers and Citizens Police Academy Alumni (CPAA)members o Donations—Moose Lodge and CPAA donations o Special Events—construction and build-out of Police Department/City offices,Character Counts,Employee Appreciation Dinner,National Night Out,Police Department tours, canine demonstrations,CPA graduation and Alumni Association Alderman Kot thanked Chief Martin and his department for an impressive document and presentation. He stated he was impressed with the level of education that the officers have and that he was impressed that in light of the area's growth the crime statistics have been being held in line and in some areas criminal activity has decreased. Chief Martin stated that the new hires allowed by the City Council along with the amount of citizen's interaction have helped the department to do this. Mayor Prochaska stated that these statistics reflect on how well the department interacts with the community. Alderwoman Spears stated that resident's have a high regard for the Police Department. She also complimented Ms.Batterson for her work on the report. Alderwoman Ohare noted that the report stated that the CPAA makes sizeable donations to the Police Department. She reminded everyone that they have a barbecue coming up on Thursday, May 27,2004 and encouraged the purchase of tickets and support for the event. Mayor Prochaska stated that he had tickets so anyone interested should contact him. Mayor Prochaska thanked Chief Martin and Ms.Batterson for the report. CONSENT AGENDA I. Resolution 2004-15 Amending Facade Program Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman James;seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-aye Alderwoman Ohare commented that she compared the new Facade Program resolution to the original and stated that whoever worked on it did an outstanding job. Mayor Prochaska noted that Alderwoman Burd put a lot of effort into the new resolution. The Minutes of the Regular Meeting of the City Council—May 25,2004-pane 3 MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Special City Council meetings from May 4,2004;seconded by Alderman Kot. Motion approved by a viva voce vote. PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated May 19,2004 totaling the following amounts:checks in the amount of $844,665.65(vendor—FY 03/04);$38,867.69(venders—FY 04/05);$123,642.88(payroll period ending 05/01/04)for a total of$1,007,176.22;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-5 Nays-1 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-nay,Sticka-aye REPORTS MAYOR'S REPORT Appointment to the Human Resource Commission Mayor Prochaska reported that he had a nomination for appointment to the Human Resource Commission,Tom Zerante. Mr.Zerante has a background in human resources and Mayor Prochaska stated that he felt he would be a good addition to the commission. Mayor Prochaska entertained a motion to appoint Tom Zerante to the Human Resource Commission. So moved by Alderwoman Ohare;seconded by Alderman Sticka. Motion approved by a viva voce vote. Fox Statues Mayor Prochaska reported that A Bird's Life,a new business in Yorkville,donated two fox statues to the City. Scott Sleezer from the Parks Department has asked the Council's opinion as to the placemen of the statues at the entrance to City Hall. Alderman Sticka noted that the fox was the mascot for Yorkville High School and stated that as the community grows there may be other high school mascots. He stated that this issue may have to be confronted in the future because a fox also on the water tower. Alderwoman Ohare stated that she liked the location and asked if the statues were going to be secured in place. Mayor Prochaska stated that they would be epoxied into place. None of the Council members objected to their location. Removal of City Hall Doors Mayor Prochaska reported that he received a proposal for the removal of the second set of doors inside the foyer of City Hall for$3,400.00. He stated that he will bring the information to the next Committee of the Whole meeting but anyone interested in reviewing it before that should contact him. Committee of the Whole Packets Mayor Prochaska reported that due to the holiday weekend,agenda packets have to be prepared on Thursday,May 27,2004. He reminded the Council that if they had anything to include in the packets to have it to the City Clerk's office a day early. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. The Minutes of the Regular Meeting of the City Council—May 25,2004-page 4 CHIFF OF POLICE REPORT Sick Time Donations Chief Martin reported that after discussion at the last COW meeting,a memo was given to all the City employees asking if they would like to donate some of their sick time to Officer Dan Pleckham who has been ill after his kidney transplant. He reported that the response was good with over 1,000 hours of time being donated for Officer Pleckham to use. He thanked the Council for allowing the employees to do this and he thanked the employees for their donations. Alderwoman Burd commented that the response was wonderful and showed how caring the City employees are. She also wished Officer Pleckham well. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Executive Director of Parks&Recreation Laura Brown reported that Park Board member Dave Cathey resigned at the Park Board meeting on May 24,2004 because he will be moving out of City limits into the county. His last meeting will be June 14,2004. Mayor Prochaska asked that anyone interested in filling the post come to City Hall and fill out the form for being nominated to a board. COMMUNITY&LIAISON REPORT Aurora Area Convention and Visitors Bureau Alderwoman Burd reported that the Aurora Area Convention and Visitors Bureau(AACVB)is entering into negotiations with Batavia who is interested in joining the group. Also,the newest hotel in Oswego contacted the Director Sue Vos requesting services but Ms.Vos explained to them that Oswego was no longer in the group. The hotel explained to Ms.Vos that they were having trouble getting information and input from the Oswego Tourism Council and that they picked Oswego as a location because of their enrollment with the AACVB. They were disappointed that Oswego is no longer afflicted with the bureau. Alderwoman Burd also reported that the public relations person for the AACVB has left the Bureau to move out of state so they are currently interviewing for a replacement. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Accounting Clerk Alderwoman Spears stated she was amazed that there were 120 applications for this position.She asked what salary the new individual was hired at. Executive Director of Parks&Recreation Laura Brown stated that she was hired at$37,000.00/year and she brings seventeen years of experience to the position. Park Concession Stand Driveway Alderwoman Spears stated that at the last COW meeting,the Council briefly discussed the driveway for the concession stand.She stated that it was pointed out that this was already a specific line item in the Park Board budget so it did not have to be brought before the Council. She also stated that the total cost for the driveway was$9,260.00 with a request to add an additional$2,000.00 for possible extras. She asked for clarification as to what the"extra"are. Ms.Brown stated that City Engineer Joe Wywrot prepared the base bid which did not include curbs along the driveway. It was suggested to curb the driveway for a more esthetic appearance and to make it easier to mow. It is felt that the entire$2,000.00 will not be needed. Attorney Kramer asked that since the addition takes the cost over$10,000.00 was it competitively bid with the inclusion of the curbing. Ms.Brown stated that it was. The Minutes of the Regular Meetine of the City Council—May 25,2004-pane 5 Committee Vice-Chairmen Alderwoman Burd asked if the Council was no longer having vice-chairmen for the committees. Mayor Prochaska explained that due to everyone's varying schedules he suggested that this be addressed by each individual committee. There was no further additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjoumed at 8:00 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , R . P . R . , on May 25 , 2004 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-709004 . ) DEPO ® COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor ; 3 MR . RICH STICKA, Alderman; 4 MR . PAUL JAMES , Alderman; 5 MR . LARRY KOT , Alderman; 6 MS . WANDA OHARE , Alderwoman; 7 MS . ROSE ANN SPEARS , Alderwoman; 8 MR . BILL POWELL , City Treasurer; 9 MR . TONY GRAFF, City Auditor; 10 MS . JACKIE MILSCHEWSKI , City Clerk . 11 12 /3 APPEARANCES : 14 LAW OFFICES OF DANIEL J . KRAMER 1107A Bridge Street 15 Yorkville , Illinois 60560 BY : MR . DANIEL J . KRAMER, 16 appeared on behalf of the United City of Yorkville, Illinois . 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of 2 Allegiance ) 3 MAYOR PROCHASKA : I would entertain 4 a motion to go into public hearing for PC 5 2003-13 , Bailey Meadows , IRED Development 6 Ventures , Inc . 7 Actually the name was just 8 changed on that , isn ' t it? 9 MR. FIASCONE : Yes . 10 MAYOR PROCHASKA : Baseline -- 11 MR . FIASCONE : Baseline Partners . 12 MAYOR PROCHASKA: Okay . LLC? 13 MR . FIASCONE : Right . 14 MAYOR PROCHASKA : Request to annex 15 to the United City of Yorkville and rezone from 16 Kendall County A-1 Agricultural to United City of 17 Yorkville R-2 one family residence district and 18 B-3 service business district . The real property 19 consists of approximately 150 . 3 acres at the 20 southwest corner of Baseline Road and Route 47 , 21 Bristol Township, Kendall County, Illinois . 22 MR . STICKA : So moved . 23 MR . KOT : Second . 24 MAYOR PROCHASKA : Moved and Depo Court Reporting Service ( 630 ) 983-0030 4 1 seconded . Roll call , please? 2 MS . MILSCHEWSKI : Burd . 3 MS . BURD : Aye . 1 4 MS . MILSCHEWSKI : James . 5 MR . JAMES : Aye . 6 MS . MILSCHEWSKI : Kot . 7 MR . KOT : Aye . 8 MS . MILSCHEWSKI : Ohare . 9 MS . OHARE : Aye . 10 MS . MILSCHEWSKI : Spears . 11 MS . SPEARS : Aye . 12 MS . MILSCHEWSKI : Sticka . 13 MR . STICKA : Aye . 14 MAYOR PROCHASKA : Motion is carried . 15 We are now in public hearing . 16 First of all , I ' m just going to 17 point out , because I ' m sure you all have noticed 18 a number of typos here in this agreement , I think 19 what happened is some of this was brought in from 20 one word processing type to another, so quotes 21 became A ' s and at ' s and apostrophes became equal 22 signs , so those things will be cleaned up . 23 Other than that , Dan, do you 24 want to add in a little bit? Depo Court Reporting Service ( 630 ) 983-0030 5 1 MR . KRAMER : Yes . I think we should 2 have the representative identify himself for the 3 record, please . 4 MAYOR PROCHASKA : Okay . 5 MR . FIASCONE : Matthew Fiascone . 6 But actually for the record it ' s IRED, I-R-E-D, 7 Baseline , LLC . That ' s the petitioner . 8 MR . KRAMER : Basically again, 9 whenever we have a written annexation agreement 10 or a written planned unit development agreement , 11 we have to do a public hearing before City 12 Council as well as the annexation and zoning 13 public hearing before the Plan Commission , which 14 is our delegated body for those . 15 Some of you have probably read 16 the minutes from Plan Council or perhaps Plan 17 Commission that refers to this as the Runge , 18 R-U-N-G-E , property, so it ' s basically one in the 19 same . 20 Basically it follows our 21 Comprehensive Plan . We ' ve had staff review from 22 Planning Council . Densities are in line with our 23 Comprehensive Plan and the commercial at the 24 front is exactly what the City has been looking Depo Court Reporting Service ( 630 ) 983-0030 6 1 for . 2 In terms of the agreement 3 itself, Petitioners have requested to do straight 4 annexation rather than a planned unit development 5 and they have agreed to follow nearly all of our 6 ordinances . There is some minor things on 7 setbacks and so on that they have asked for in 8 here , so with that , I will turn it over to Matt . 9 MR . FIASCONE : Actually I don ' t 10 think we have any variation from the Subdivision 11 Control Ordinance . 12 We ' ve taken the right-of-way -- 13 At one point we had the right-of-way narrowed -- 14 narrower, but we have increased that . 15 It ' s essentially a straight 16 zoning for R-2 at the western portion, R-3 in the 17 middle , and B-3 on the 47 frontage . 18 As Dan Kramer pointed out , we 19 have been through Plan Commission with a positive 20 recommendation . All the staff comments I think 21 have all been addressed at this point . 22 Kelly Kramer , Tony Graff, 23 myself , and our attorney spent some time a few 24 weeks ago going through the entire annexation Depo Court Reporting Service ( 630 ) 983-0030 7 1 agreement . 2 I don ' t think there were any 3 issues that we didn ' t reach agreement on, and 4 there were very few issues to discuss . 5 It ' s an agreement form we have 6 used before and we are prepared to move forward . 7 Answer any questions you have? 8 MAYOR PROCHASKA : Okay . At this 9 time I would ask if there is anyone in the 10 audience that would like to address this 11 agreement , address the Council . 12 (No Response ) 13 MR . FIASCONE : One other point that 14 should be made , and that is even though it is 15 called an annexation agreement , we don ' t have 16 contiguity at this time , so it would not become 17 effective until contiguity -- 18 MS . OHARE : That ' s not part of this 19 agreement . 20 MR . KRAMER : Correct . Correct . And 21 basically what Illinois does is -- I mean, you 22 hear lawyers , you hear council members and you 23 hear laypeople all the time call them 24 preannexation agreements . Depo Court Reporting Service ( 630 ) 983-0030 8 1 Technically, as Matt ' s pointed 2 out , Illinois doesn ' t have a statute that has 3 preannexation agreements , they call them whether 4 you are contiguous or not annexation agreements , 5 and as long as the property is within one and 6 one half miles of the City, we have authority as 7 a municipality to enter into a written 8 annexation agreement even if they are not 9 contiguous , and then what we do, because we ' ve 10 had these come up three or four times before , we 11 actually prepare an ordinance , execute the 12 annexation agreement just as though they are 13 contiguous , and then the second ordinance where 14 we normally annex the property right on the spot, 15 the night the Council votes , we simply insert 16 language that the property becomes annexed 17 immediately upon contiguity so that there is no 18 gap . 19 In other words , if we were all 20 different folks three years down on the road or 21 seven years down the road, there is just no 22 chance of goofing up frankly, so we have them 23 execute a verified petition, the statute calls 24 for an actual effective annexation, and we make Depo Court Reporting Service ( 630 ) 983-0030 9 1 it effective immediately upon contiguity being 2 obtained . 3 MAYOR PROCHASKA : Okay . Are there 4 any comments or questions from the audience? 5 (No Response ) 6 MAYOR PROCHASKA : Are there any 7 comments or questions from City Council ? 8 MR . STICKA : At this point we are 9 not approving anything except the annexation? 10 MR . KRAMER : Well, actually the only 11 thing we are doing now is called the public 12 hearing and then I believe we would go to the 13 next full COW so that we ' ve got time to have 14 aldermen go through . A few minor changes -- 15 MR . STICKA : What I ' m saying is the 16 plan that we are seeing would be a later approved 17 plan . 18 MR . KRAMER : I ' m sorry . Correct . 19 Correct . 20 MAYOR PROCHASKA : Actually it would 21 be -- That ' s preliminary? 22 MR. KRAMER: Yes . 23 MAYOR PROCHASKA : Preliminary plan . 24 That would be the -- Dego Court Reporting Service ( 630 ) 983-0030 10 1 MR . FIASCONE : Right . The 2 annexation agreement -- When the annexation 3 agreement is voted on, the plan is included 4 within that . 5 MAYOR PROCHASKA : Right . 6 MR . STICKA : There is still more 7 steps to go, though . 8 MR. KRAMER : Absolutely . 9 Absolutely, Richard . 10 MR . STICKA : It isn ' t -- I guess 11 what I ' m saying is upon annexation, it doesn ' t 12 mean this is exactly what we are looking at now 13 becomes -- 14 MAYOR PROCHASKA : No . They would 15 submit a final plat and final engineering . 16 MR. KRAMER : Engineering, so on . 17 Yep . 18 MR . STICKA : I am stumbling trying 19 to get that out . I ' m sorry . 20 MAYOR PROCHASKA : It would be based 21 on a preliminary plat . 22 MR. GRAFF : Right . 23 MR . FIASCONE : Preliminary plat . 24 MAYOR PROCHASKA : Preliminary plat . Depo Court Reporting Service ( 630 ) 983-0030 11 1 So anything that would come would be 2 substantially similar . 3 MR . KRAMER : In conformance , right . 4 MR . PROCHASKA : In conformance . So 5 basically when you approve it, you know, what 6 we ' re seeing is what ' s there and it can ' t be 7 significantly changed . All right ? Anyone else? 8 (No Response ) 9 MAYOR PROCHASKA : Hearing no other 10 discussion then, I would enter into -- I would 11 entertain a motion to close the public hearing . 12 MR . STICKA : So moved . 13 MS . OHARE : Second . 14 MAYOR PROCHASKA : Moved and 15 seconded . May I have roll call , please? 16 MS . MILSCHEWSKI : Burd . 17 MS . BURD : Aye . 18 MS . MILSCHEWSKI : James . 19 MR . JAMES : Aye . 20 MS . MILSCHEWSKI : Kot . 21 MR. KOT : Aye . 22 MS . MILSCHEWSKI : Ohare . 23 MS . OHARE : Aye . 24 MS . MILSCHEWSKI : Spears . Depo Court Reporting Service ( 630 ) 983-0030 12 1 MS . SPEARS : Aye . 2 MS . MILSCHEWSKi : Sticka . 3 MR . STICKA : Aye . 4 MAYOR PROCHASKA : Motion is carried . 5 Thank you very much, Matt . 6 MR . FIASCONE : Thank you . 7 (Which were all the 8 proceedings had . ) 9 ---000--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 13 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing meeting ; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said meeting . 14 IN WITNESS WHEREOF I hsa-vi hereunto set 15my hand thus__ C dayof / 16 2004 . 17 18 19 !� f,•7 / L-_,Vt47/ CHRISTINE M . VITOSH , C . S . R . 21 CSR License No . 084 -002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Public Hearing Multi-Page 084-002883 - oath May 25, 2004 appeared[i] 2:16 contiguity[4] 7:16,17 form[i] 7:5 LASALLE[i] 13:2 -0- approve[i] 11:5 8:17 9:1 forward[i] 7:6 LAW[i] 2:14 084-002883[1] 13:21 approved[1] 9:16 contiguous[3] 8:4,9,13 four[1] 8:10 lawyers[1] 7:22 approving[i] 9:9 Control[1] 6:11 frankly[i] 8:22 laypeople[1] 7:23 -1- ARTHUR[1] 2:2 corner[i] 3:20 front[1] 5:24 License[1] 13:21 1107A[i] 2:14 at's[�] 4:21 correct[s] 7:20,20 9:18 frontage u] 6:17 line[1] 5:22 9:19 13:11 150.3[1] 3:19 attorney[1] 6:23 full[i] 9:13 LLC[2] 3:12 5:7 audience[2] 7:10 9:4 council[s] i:1 5:12,16 looking[2] 5:24 10:12 Auditor[1] 2:9 5:22 7:11,22 8:15 9:7 _G- -2- County[3] 3:16,21 13:2 authority[I] 8:6 Game[i] 1:10 -M- 2003-13[1] 3:5 Aye[iz] 4:3,5,7,9,11,13 COW[i] 9:13 2004[2] 1:9 13:16 11:17,19,21,23 12:1,3 CSR[i] 13:21 gap[i] 8:18 M[3] 1:8 13:4,20 25[1] 1:9 goofing[i] 8:22 Matt[2] 6:8 12:5 -D- Graff[3] 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agreed[1] 6:5 -J- changes[1] 9:14 agreement[34] 4:18 5:9 except[�] 9:9 CHRISTINE 5:10 6:2 7:1,3,5,11,15,19 [3] 1:8 execute[2] 8:11,23 J[2] 2:14,15 -N- 8:8,12 10:2,3 13:4,20 JACKIE[1] 2:10 N[2] 2:1,13 agreements[3] 7:24 8:3 City[13] 1:1,2,10 2:8,9 -F- James[s] 2:4 4:4,5 11:18 name[i] 3:7 2:10,16 3:15,16 5:11,24 8.4 8:6 9:7 F p] 2:2 11:19 narrowed[3] 6:13 Agricultural[i] 3:16 cleaned[1] 4:22 family[1] 3:17 narrower[i] 6:14 Alderman[3] 2:3,4,5 Clerk[i] 2:10 Farm[i] 1:10 _g- nearly[1] 6:5 aldermen[i] 9:14 close[i] 11:11 few[3] 6:23 7:4 9:14 Kelly u] 6:22 next[i] 9:13 Alderwoman[2] 2:6,7 comments[3] 6:20 9:4 Fiascone[io] 3:9,11,13 Kendall[2] 3:16,21 night[1] 8:15 Allegiance[1] 3:2 9:7 5:5,5 6:9 7:13 10:1,23 Kot[6] 2:5 3:23 4:6,7 normally[1] 8:14 ANN[i] 2:7 commercial[3] 5:23 12:6 11:20,21 notes[i] 13:11 annex[2] 3:14 8:14 Commission[3] 5:13 final[2] 10:15,15 Kramer[13] 2:14,15 5:1 noticed[i] 4:17 annexation[13] 5:9,12 5:17 6:19 first[2] 4:16 13:4 5:8 6:18,22 7:20 9:10,18 now[3] 4:15 9:11 10:12 6:4,24 7:15 8:4,8,12,24 Comprehensive[2] folks[1] 8:20 9:22 10:8,16 11:3 number[i] 4:18 9:9 10:2,2,11 5:21,23 follow[1] 6:5 _ annexed[i] 8:16 conformance[2] 11:3,4 follows[1] 5:20 -L- -0- Answer[�] 7:7 consists[1] 3:19language[1] 8:16 -� apostrophes[�] 4:21 foregoing[2] 13:9,10oath[i] 13:5 contains[1] 13:12 LARRY[1] 2:5 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 Public Hearing Multi-Pagei1v1 obtained- zoning May 25, 2004 obtained[1] 9:2 R-3[i) 6:16 staff[2] 5:21 6:20 words[1] 8:19 OFFICES[1] 2:14 R-U-N-G-E[1] 5:18 State[2] 13:1,7 written[3) 5:9,10 8:7 Ohare[7] 2:6 4:8,9 7:18 R.P.R[1] 1:8 statute[2] 8:2,23 11:13,22,23 rather[1] 6:4 steps[1] 10:7 -Y- one[7) 3:17 4:20 5:18 reach[1] 7:3 Sticka[12] 2:3 3:22 4:12 6:13 7:13 8:5,6 years[2] 8:20,21 read[1) 5:15 4:13 9:8,15 10:6,10,18 yep[1] 10:17 ordinance[3] 6:11 8:11 3:18[1) 11:12 12:2,3 real 8:13 s [1) 10:6 Yorkville[6] 1:2,10 2:15 till ordinances[1) 6:6 recommendation[1) 2:16 3:15,17 6:20 straight[2] 6:3,15 record[2] 5:3,6 Street[1] 2:14 -Z- -P_ refers[1) 5:17 stumbling[1) 10:18 P[3] 2:1,13,13 Registered[1] 13:6 Subdivision[1] 6:10 zoning[2] 5:12 6:16 p.m[1) 1:9 REPORT[1) 1:6 submit[1) 10:15 part[1] 7:18 reported[1] 13:8 substantially[1] 11:2 Partners[1] 3:11 Reporter[2] 13:6,7 sworn[1) 13:5 PAUL[1] 2:4 representative[1] 5:2 PC[1] 3:4 Request[1] 3:14 -T- perhaps[1) 5:16 requested[1) 6:3 T[1) 2:1 petition[1] 8:23 residence[1] 3:17 Technically[1) 8:1 petitioner[1] 5:7 Response[3] 7:12 9:5 terms[1] 6:2 Petitioners[1] 6:3 11:8 Thank[2) 12:5,6 plan[lo) 5:13,16,16,21 review[1] 5:21 three[2] 8:10,20 5:23 6:19 9:16,17,23 10:3 rezone[1) 3:15 through[3] 6:19,24 9:14 planned[2] 5:10 6:4 RICH[1] 2:3 times[1] 8:10 Planning[1] 5:22 Richard[1) 10:9 Tony[2] 2:9 6:22 plat[4] 10:15,21,23,24 right[7] 3:13 8:14 10:1,5 Township[1] 3:21 Pledge[1] 3:1 10:22 11:3,7 transcript[1] 13:11 point[5] 4:17 6:13,21 right-of-way[2] 6:12 Treasurer[1] 2:8 7:13 9:8 6:13 pointed[2] 6:18 8:1 road[4] 1:10 3:20 8:20 true[1] 13:10 portion[1] 6:16 8:21 trying[1) 10:18 positive[1] 6:19 roll[2] 4:1 11:15 turn[1] 6:8 POWELL[1) 2:8 ROSE[1) 2:7 type[1] 4:20 preannexation[2] 7:24 Route[1) 3:20 typos[1] 4:18 8:3 Runge[1] 5:17 preliminary[5] 9:21,23 -0- 10:21,23,24 -S- unit[2] 5:10 6:4 prepare[1] 8:11 S[z] 2:1,13 United 0] 1:2 2:16 3:15 prepared[1] 7:6 says[1] 13:5 3:16 proceedings[4] 1:6 12:8 second[3] 3:23 8:13 up[3) 4:22 8:10,22 13:9,13 11:13 used[1] 7:6 processing[1) 4:20 seconded[2] 4:1 11:15 PROCHASKA[21] 2:2 seeing[z] 9:16 11:6 -x- 3:3,10,12,14,24 4:14 5:4 7:8 9:3,6,20,23 10:5,14 service[1) 3:18 variation[1) 6:10 10:20,24 11:4,9,14 12:4 set[1] 13:14 Ventures[1] 3:6 Professional[1] 13:6 setbacks[1] 6:7 verified[1) 8:23 property[5] 3:18 5:18 seven[1] 8:21 VITOSH[3] 1:8 13:4,20 8:5,14,16 shorthand[3] 13:6,8,11 voted[1] 10:3 public[6] 3:4 4:15 5:11 significantly[1) 11:7 votes[1] 8:15 5:13 9:11 11:11 signs[1] 4:22 similar[1] 11:2 -W- -Q simply[1] 8:15 WANDA[1] 2:6 questions[3] 7:7 9:4,7 sorry[2] 9:18 10:19 weeks[1) 6:24 quotes[1] 4:20 southwest[1] 3:20 western[1] 6:16 Spears[s] 2:7 4:10,11 WHEREOF[1) 13:14 -R- 11:24 12:1 within[2] 8:5 10:4 R[2] 2:1,13 spent[1] 6:23 WITNESS[1] 13:14 R-2[2] 3:17 6:16 spot[1) 8:14 woad[1] 4:20 SS[1] 13:1 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF I'mt CITY COUNCIL OF DRAFT THE UNITED CITY OF YORKVILLE,KENDALL COUNTY.ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,JUNE 22,2004. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. Mayor Prochaska announced that Alderman Munns had indicated that he would be voting via telephone however he called in at 6:45 P.M.to advise City Clerk Milschewski that he was unable to stay on the line throughout the meeting due to a work obligation. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward H Burd Present Kot Present Ward III Ohare Present Munns Absent Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Administrator Graff,City Attorney Kelly Kramer,Police Chief Martin and Director of Public Works Dhuse(until 7:20). QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Table Yorkville Hill Landscaping Annexation Agreement Alderman Sticka stated that the petitioner for Yorkville Hill Landscaping asked that their Annexation Agreement(Item#2 under the Economic Development Committee Report)be tabled until the next City Council meeting. A motion was made by Alderman Sticka to table the Yorkville Hill Landscaping Annexation Agreement until the next City Council meeting;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye Table C.H.Schrader&Associates Contract for Grant Research Consulting Services Alderwoman Spears asked to table item#2 under the Administration Committee Report,C.H. Schrader&Associates Contract for Grant Research Consulting Services because Aldermen Besco and Munns were absent. A motion was made by Alderwoman Spears to table item#2 under the Administration Committee Report,C.H.Schrader&Associates Contract for Grant Research Consulting Services until the next City Council meeting;seconded by Alderwoman Burd. Motion defeated by a roll call vote. Ayes-2 Nays-3 Abstentions-1 Burd-aye,James-abstain,Kot-nay,Ohare-nay,Spears-aye,Sticka-nay This item will remain on the agenda for a vote. Table Records Disposal Service—Shred-co Contract A motion was made by Alderwoman Ohare to remove the Records Disposal Service—Shred-co Contract from the Consent Agenda and table it until the next City Council meeting;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-5 Nays-0 Presents-I James-aye,Kot-aye,Ohare-aye,Spears-Present,Sticka-aye,Burd-aye The Minutes of the Regular Meeting of the City Council—June 22.2004-pare 2 COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,June 28,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Wednesday,July 21,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,July 8,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,June 24,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced Alderwoman Spears questioned the day of the week for the Economic Development Committee meeting. Alderman Sticka noted that he requested a different date for the meeting because he was not available on the regular meeting day of Thursday,July 15,2004. Alderwoman Burd stated that in the past the committee members were notified before a change of date and she noted she would be on vacation that week. Alderman Sticka stated that he would be happy to work out a date that is convenient for all the committee members. PUBLIC HEARINGS None. CITIZEN COMMENTS Birgitt Peterson,3025 Bristol Ridge Road,addressed the Council and requested that the Mayor and City Council modify,enhance or amend the Noise Control Ordinance 2001-10 to address construction noise. Please see attached letter dated June 16,2004. Don Peterson,3025 Bristol Ridge Road,addressed the Council regarding the three medians to be installed on Bristol Ridge Road in conjunction with the Grande Reserve development. He noted that he first became aware of the medians three weeks earlier at a presentation regarding the development. He stated that the residents of the River Ridge Subdivision were surprised by this especially since they were not involved in the discussion concerning the medians. He stated that these residents are the ones most affected by the medians and the majority of them are opposed to the medians. See attached petition. Mr.Peterson stated that Gerald and Lois Seaton of 3123 Bristol Ridge Road were told that they would not be allowed to have a driveway off Bristol Ridge Road to their unimproved lot next to their home if they ever decide to build on it. He stated that this was intrusive. Mr.Peterson stated that the citizens of the River Ridge subdivision would like the City to consider changing the road design and if it is not going to be changed to meet with the affected residents to explained and discuss the design before they are constructed. PRESENTATIONS None. CONSENT AGENDA 1. Police Reports for April 2004 2. Rob Roy Creek Sanitary Sewer Interceptor—Professional Services Engineering Agreement—authorize the Mayor and City Clerk to execute,subject to receiving funding by Ocean Atlantic 3. Ordinance 2004-34 -Repealing Ordinance 1976-42 U.S.34 Corridor Study- authorize the Mayor and City Clerk to execute 4. Menard's Commercial—Final Acceptance—accept all non-landscaping related public improvements 5. Request from Wiseman-Hughes;Sanitary Sewer Connection Fee—Credit Toward Oversizing Hydraulic Interceptor—Windett Ridge—reduce the$170,000.00 recapture amount to$114,600.00 6. Request to Purchase Total Station for Forensic Mapping—approve purchase from Surveyors Instrument Service Co.in an amount not to exceed$9,999.00 7. Resolution 2004-18—Appointing Finance Director Traci Pleckham as IMRF Authorized Agent-authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—June 22,2004-page 3 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Sticka;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye,Ohare-aye PLANNING CO MMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from June 8,2004;seconded by Alderwoman Ohare. City Clerk Milschewski noted an error on page 6 of the minutes under the Public Works Committee Report;she indicated that the vote for the disposal of property was omitted in error and she has corrected this on the final copy. Alderwoman Spears noted a correction on page 5 under the Mayors Report,Rosati's Pizza Contract.She stated that she did not ask about the length of the contract,Alderwoman Ohare did. The corrections were noted. Motion approved by a viva voce vote. A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting from March 2,2004;seconded by Alderman Sticka. Alderwoman Ohare noted a correction on page 2,second full paragraph,third sentence down. She stated that the sentence should read"who may also be assigned...". She noted a spelling error on the same page,second line from the bottom. The word"yeas"should be`years". She also noted corrections on page 6,the last paragraph. The first sentence of the paragraph should read"Mayor Prochaska reminded the Council...."and the fourth line down should read"...the Special Olympics is held...". Alderwoman Burd stated that she did not remember saying what is indicated on page 6 under Additional Business regarding a letter to the editor of the Beacon News. City Clerk Milschewski stated that she was not at the meeting but transcribed this portion of the minutes from the tape. She stated she had a hard time understanding what Alderwoman Burd was referring to. Alderwoman Burd stated that she vaguely remembered the conversation and stated the minutes could stay as presented. The corrections were noted. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated June 1 I,2004 totaling the following amounts: checks in the amount of $920,463.16(vendor);$144,422.74(payroll period ending 5/29/04)for a total of$1,064,885.90; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-6 Nays-0 Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye REPORTS MAYOR'S REPORT Ordinance 2004-35 Library Referendum Ordinance Mayor Prochaska entertained a motion to approve an Ordinance providing for and requiring the submission of the proposition of issuing General Obligation Bonds in the amount of $8,750,000.00 to the voters of the United City of Yorkville,Kendall County,Illinois,at the General Election to be held on the 2nd day of November,2004 for the purpose to improve and provide equipment for the existing Yorkville Public Library and for the expenses incidental thereto the"project"as recommended by the Yorkville Library Board and to authorize the Mayor and City Clerk to execute all the documents. So moved by Alderman James;seconded by Alderman Kot. The Minutes of the Regular Meeting of the City Council—June 22,2004-page 4 Mayor Prochaska questioned that the wording of the motion does not include the building. Attorney Kramer stated that term"equipment"included the building. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Burd-aye James-aye,Kot-aye Mayor Prochaska stated that the question will be placed on the November 2,2004 ballot. Emergency Repair for Well#3 Mayor Prochaska entertained a motion to ratify the approval of the expenditures for the emergency repairs for Well#3 not to exceed$100,000.00.So moved by Alderman Kot;seconded by Alderman Sticka. Mayor Prochaska asked Director of Public Works Eric Dhuse when he thought he would have the receipts for the work done and Mr.Dhuse indicated that he was in the process of obtaining them from the company doing the repair and the cost should be under$100,000.00. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Burd-aye,James-aye,Kot-aye Certificates of Recognition Officer Delaney,Lieutenant Schwartzkopf and Sergeant Hart Mayor Prochaska noted that Officer Dan Pleckham was unable to attend this evening as he is recuperating from dialysis the received earlier in the day. Mayor Prochaska and Chief Martin presented Officer David Delaney with a Certificate of Recognition for his May 21,2004 graduation from the Illinois State Police Crash Reconstruction Officer Curriculum. Mayor Prochaska and Chief Martin presented Police Lieutenant Don Schwartzkopf with a Certificate of Recognition for his May 21,2004 graduation from Northwestern University Center for Public Safety Executive Management Program. Mayor Prochaska and Chief Martin presented Police Sergeant Richard Hart with a Certificate of Recognition for his May 21,2004 graduation from Northwestern University Center for Public Safety School of Police Staff and Command. Joint Meeting-City Council and Planning Commission Mayor Prochaska reminded the Council that ajoint meeting between the City Council and the Planning Commission was scheduled for June 23,2004. He stated that the Comprehensive Plan will be discussed with City Planner Mike Schoppe. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Mr.Dhuse reported that everything went smoothly with the Well#3 repair and it was finished and turned on a day earlier than anticipated. He thanked the Water Department for their hard work on the project. Mayor Prochaska commended the Water Department for their quick response and speedy repair. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. The Minutes of the Regular Meeting of the City Council—June 22,2004—page 5 COMMUNITY&LIAISON REPORT Alderman Sticka reported on the invitation that the members of the Council received for the open house at Waubansee Community College on July 1,2004 for the Fox Valley Television Channel 17. He stated that this was a good opportunity for community leaders to see the equipment purchased with franchise fees and to see what goes into a television studio. Alderwoman Burd reported that the annual meeting of the Aurora Area Convention and Visitors Bureau(AACVB)was held at the new mall in Aurora.She stated that there was a very good turnout and everyone had a good time at the event. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2004-19 MFT Resolution for Van Emmon Road A motion was made by Alderman Sticka to approve a resolution for maintenance of streets using motor fuel tax funds not to exceed$75,000.00 and authorize the Mayor and City Council to execute the documents;seconded by Alderman Kot. Alderman Kot asked if the block west of Route 47 was going to be paved as he suggested at the Committee of the Whole meeting. Administrator Graff stated that it is being explored however the agreement and resolution does not address this portion of Route 47. It was not changed to include this part of the road in order for the project to stay on schedule. Mr.Graff indicated that if funding is available it could be done. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Sticka-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye Joint Agreement for Van Emmon Road A motion was made by Alderman Sticka to approve an Intergovernmental Agreement between Kendall County and the United City of Yorkville for the purpose to improve Van Emmon Road as ajoint project subject to legal review and to authorize the Mayor and City Clerk to sign the agreement;seconded by Alderman Kot. Alderman Kot asked if the drainage issue on Van Emmon Road was being addressed. Mr.Dhuse stated that the drainage will be corrected before the project begins. It will also be addressed by the Mill Street Project. Motion approved by a roll call vote. Ayes-6 Nays-0 Kot-aye,Ohare-aye,Spears-aye,Sticka-aye,Burd-aye,James-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2004-20 Prairie Meadows Final Plat A motion was made by Alderman Sticka to approve a resolution approving the final plat for Prairie Meadows Subdivision subject to final engineering and to authorize the Mayor and City Clerk to execute the documents;seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Sticka-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye Westbury Village-Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development A motion was made by Alderman Sticka to approve the Amendment to the Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement with zoning districts of B-3 Service Business District with the area designated special use B-3 in the 1997 annexation agreement surviving with this agreement but only over the area as described in the 1997 agreement,R-2 One Family Residence District,and R-4 General Residence District and Planned Unit Development Agreement for Westbury Village Subdivision and to authorize the Mayor and City Clerk to execute the agreement upon legal and staff review of the agreement and exhibits;seconded by Alderman James. Alderman Kot commented that he was disappointed with the format that the document was presented in. He stated that he found it difficult to vote on the agreement because it was confusing. He stated that he would prefer to receive a clean version of the agreement in the future. Administrator Graff stated that the developer wanted to display all the changes to the document and there is a clean copy in the City Clerk's office. He noted outstanding issues such as the road contribution fee and the contribution to the Rob Roy Creek Interceptor Fund. The Minutes of the Regular Meeting of the City Council—June 22,2004—page 6 Alderman Sticka reiterated Alderman Kot's concern that the document was hard to follow and he indicated that he too would like to have a clean version of the document he is voting on. Alderwoman Spears agreed. Mayor Prochaska suggested that in the future the Council be given a copy showing the revisions along with a clean copy. Attorney Kramer noted that Anna Kurtzman,Joe Wywrot and her office had completed their reviews;all the changes that were recommended have been made. Alderwoman Ohare questioned the waste hauling that will be allowed if the Rob Roy Creek Interceptor is not ready. She questioned the time frame for allowing this.Mayor Prochaska stated that they would be allowed to do this until the interceptor is installed. Administrator Graff noted that a total of fifty permits will be allowed to be issued with a total of thirty-four having temporary occupancy with the temporary solution of waste hauling. Motion approved by a roll call vote. Ayes-3 Nays-I Presents-2 James-aye,Kot-present,Ohare-aye,Spears-nay,Sticka-aye,Burd-present Ordinance 2004-36 Westbury Village—Authorizing the Execution of an Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development A motion was made by Alderman Sticka to approve an Ordinance Authorizing the Execution of an Amendment to the Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement of Ocean Atlantic,a Delaware Limited Liability Company,and the estates of Richard A.Undesser and Henrietta Undesser to the United City of Yorkville,Kendall County,Illinois known as Westbury Village Subdivision;seconded by Alderman James. Motion approved by a roll call vote. Ayes-5 Nays-1 Presents-I Ohare-aye,Spears-nay,Sticka-aye,Burd-aye,James-aye,Kot-present,Prochaska-aye Ordinance 2004-37 Westbury Village-Annexing Properties A motion was made by Alderman Sticka to approve an Ordinance annexing properties to and zoning real property pursuant to Planned Unit Development Agreement to the United City of Yorkville,Kendall County,Illinois known as Westbury Village Subdivision;seconded by Alderman James. Motion approved by a roll call vote. Ayes-4 Nays-1 Presents-I Kot-present,Ohare-aye,Spears-nay,Sticka-aye,Burd-aye,James-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2004-32 Establishing SSA for Total Grande Reserve A motion was made by Alderman James to approve an Ordinance establishing United City of Yorkville Special Service Area(SSA)number 2004-106 Total Grande Reserve and authorize the Mayor and City Clerk to execute all the documents upon final legal review;seconded by Alderman Sticka. Alderman Sticka asked if he understood correctly that the bonds would be paid off prior to residents moving into the development. Mayor Prochaska explained that this is a variable rate bond that will be paid off as parcels are sold. Alderman Sticka asked if the homes in the subdivision would have the price of the house reduced because of this SSA. Peter Raphael with William Blair&Associates explained that this SSA is secured by a Letter of Credit with LaSalle Bank. The tax associated with this SSA will not be applied to any homeowner's real estate tax bill. It will be released prior to any homeowner taking possession. Alderman Sticka clarified that the purpose of the SSA was to provide a method of financing for the developer to put in improvements to the development such as roads. Alderwoman Spears asked if the property will be taxed at the rate that the homes are being offered at or at the value of the home. Mr.Raphael stated that there has been meetings with the township assessor to discuss this and it was determined that the homes will be taxed at the market rate not the selling rate. Alderwoman Burd asked if the second SSA was to maintain the public spaces in the development. Mayor Prochaska stated that all the SSA's are for the purpose of adding infrastructure. She asked if there would be a Homeowner's Association(HOA). Art Zwemke with MPI explained that there are three SSAs. This first SSA is a variable bond for overall infrastructure of the The Minutes of the Regular Meeting of the City Council—June 22,2004-page 7 development such as water. The second SSA is for improvements that are lot specific and will be assessed to the homeowners. Homebuyers have the option to pay the SSA off upon the purchase of the house or they can pay it off over thirty years through their real estate taxes. They will also be assessed an HOA to maintain common spaces and the club house. The third type of SSA is a "standby"SSA which would be effective if the HOA should fail. All the assessments will be disclosed to homebuyers. Alderwoman Spears asked how much the assessment would be on a$350,000.00 home. Mr. Zwemke estimated that it would be$160-$170/month or$2,100.00/year. Mr.Zwemke stated that MPI has done a lot of research on SSAs so that tax bills will not be prohibitive. He stated that there will be two levels of SSAs for single-family homes,a level for duplex homes and a level for townhomes. Each SSA is sized based upon the product. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Burd-aye,James-aye,Kot-aye Ordinance 2004-33 Bond Ordinance for Total Grande Reserve A motion was made by Alderman James to approve an Ordinance for the issuance of the United City of Yorkville,Kendall County,Illinois,Special Service Area Number 2004-106 Total Grande Reserve Variable Rate Demand Special Tax Bonds,Series 2004,not to exceed$16,000,000.00 and providing for the levy of a Direct Annual Tax on taxable property in such Special Service Area for the payment of principal of and interest on such bonds and authorize the Mayor and City Clerk to execute the documents;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Spears-aye,Sticka-aye,Burd-aye,James-aye,Kot-aye C.H.Schrader&Associates Contract for Grant Research Consulting Services A motion was made by Alderman James to approve a Letter of Understanding for Professional Consulting Services provided by C.H,.Schrader&Associates to the United City of Yorkville for a period of one year for a fee of$14,000.00 and to authorize the Mayor and City Clerk to sign the letter. Alderwoman Spears stated that it was asked at the Committee of the Whole meeting that the Council receive information regarding the numbers of hours it took the grant writer to obtain the one grant. Alderman James stated he discussed this with Administrator Graff who has tried to reach the grant writer but she has been out of town. She has not gotten back to Mr.Graff with the information. Alderman James explained that the group did not track all the hours because this was not specified when the original contract was entered into. They have indicated that they can do this in the upcoming year. Alderwoman Spears stated that she had a problem with not having the information before this is voted on. She also stated that she felt that it is a waste of taxpayer's money to contract with a firm that is only concentrating on parks and open space. She stated that the Mayor indicated that the bulk of grants available are for public safety but the City is not trying to find a grant writer who specializes in this area. Chief Martin stated that the grants that the Police Department has received such as"Cops in the Schools Grant"are federal grants that the Police Department has submitted for by themselves. Alderwoman Spears noted that the Executive Director of Parks&Recreation Laura Brown is doing an excellent job however the main reason she was hired was because of her grant writing skills. Ms.Brown has also received a salary increase but she did not allocate time to grant writing and concentrated her time in other area. Alderwoman Spears stated that she did not agree to spend another$14,000.00 for something the City was told another individual was going to do. She also noted that adding a performance clause in the contract is a red flag indicating concerns for the job the grant writer is doing. Alderman Kot commented that he personally raised issues last year when the firm was hired however he reviewed the grant writer's work and found that eight grants,totaling$3 million, were submitted for with the City only receiving one for$74,000.00. He stated that for the money the City is spending,the taxpayer's money has being used wisely. He stated that he is willing to give the firm another year and ask the same questions next year. He indicated that he shares some of the same concerns that Alderwoman Spears has however seeing$74,000.00 come into the City for an investment of$14,000.00 it is worthy of trying the grant writer for another year. Alderwoman Ohare stated that the Council previously discussed adding specific requests to the contract such as looking for grants for fine arts. She stated that even though the grant writer's The Minutes of the Regular Meeting of the City Council—June 22,2004-page S expertise is with parks and recreation she is also familiar with fine art grants. Alderwoman Ohare agreed with Alderman Kot that the initial$14,000.00 was a good investment when the City received a grant for$74,000.00. Alderwoman Burd asked Administrator Graff what the area of expertise the grant writing company has. Mr.Graff stated that the group is highly trained and experienced in Illinois Environmental Protection Agency and United States Environmental Protection Agency grants related to natural resources,open space acquisition,corridor planning and conservation. They also have experience with facility planning and foundation grants for fine arts and historic preservation. They are moving into the area of grants for municipalities such as technology and economic development. They are also experienced in lobbying. Alderwoman Burd commented that the firm was hired on a recommendation from staff. She stated that the City did not fully explore the possibility of finding another firm that does wide area grants. She also questioned the staff's role in the grants.She stated that Mr.Graff indicated that the staff does a lot of research for the grants and Alderwoman Burd stated that the research is where the time is involved. She stated that if the staff is doing the research,the City is paying $14,000.00 for someone to do the paperwork. She stated that a firm should take the weight off • the staff.. Mayor Prochaska stated that staff does not research the grants however they provide specific information to the grant writer if requested to. He agreed there is an issue if the staff is spending hours doing research. He noted that Ms.Brown has written grants for the City which have brought in funds. He agreed that research could be done to what other firms offer but noted that the investment in this firm has not been a losing proposition. Alderwoman Burd asked Alderman James if he felt that if the grant writer just concentrated of Parks&Recreation would it be worth the investment. Alderman James stated that the grant writer is currently working on a$400,000.00 grant. He stated that the investment of$14,000.00 for the possibility of receiving$400,000.00 was worth it. Alderwoman Burd asked if this firm wasn't hired would it be detrimental to receiving the grant and Alderman James stated that he felt it would. Alderman James noted that there is a project occurring that encompasses three developers which will combine land for a large park. The grant writer is planning to apply for an OSLAD grant for the project and he felt the loss of this person could jeopardize the project. Mayor Prochaska also noted that there is another grant pending for around$250,000.00 that the grant writer prepared. Alderman Sticka stated that the staff researching grants seemed odd to him. He said he could not see how the staff could be out doing research without knowing what they were researching.He stated that he felt that the grant writer went to the staff for information that was needed for the specific grants. Mayor Prochaska stated that it is not research but rather providing information. Mr.Graff stated that the staff provides internal information such a population figures,median income,etc.that the grant writer needs to complete the grant application. Alderwoman Spears stated that the Administration Committee asked that the grant writer to research other specific areas for grants. Mr.Graff stated that this information was relayed to the gratin writer however the City did not qualify for any of the grants in these areas at that time. He stated that they continue to look at other areas such as fine art grants. The grant writer recommended that the City create a community foundation for fine arts because grants in this area are allocated to foundations. Alderwoman Spears stated that she has received comments from constituents saying that the City is concentrating too much on Parks&Recreation. These residents feel there are other concerns that their tax dollars should be going to such as public safety,infrastructure,etc. She stated that she agrees with these residents that the City is getting too heavy on green space,parks,recreation and sports. She felt that by approving the contract that the City is again concentrating of Parks& Recreation. Mayor Prochaska disagreed with Alderwoman Spears noting that the City keeps the Police Department well equipped and staffed. He stated that he felt grants should be found wherever they may be located. This brings dollars back into the City which helps out residents. Alderman Sticka also disagreed with Alderwoman Spears. He stated that quality of life is the most important issue the Council should look at. He stated that once green space is gone,the City can never get it back. He stated that preserving green space is a high priority to him. He stated that when people say they want to preserve the"Yorkville look"they are talking about green space not houses. The Minutes of the Regular Meetingof the City Council—June 22,2004-page 9 E City Treasurer Powell explained that the budget is made up of certain"pockets"of money.He noted that one of the pockets is for Parks&Recreation and there is a lot of funds coming into that area because of all the new subdivisions. He stated that this money can not be spent elsewhere so the public sees a concentration in this area. Alderwoman Spears stated that she felt that funds from the developers could be allocated into other areas if the City so desired. Motion approved by a roll call vote. Ayes-5 Nays-1 Spears-nay,Sticka-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye Renewal Contract for EAP A motion was made by Alderman James to approve the Renewal Letter of Agreement with Provena Health Employee Assistance Program(EAP)and authorize the City Administrator to sign the Agreement;seconded by Alderman Kot. Alderman Kot asked if the staff was still going to get other quotes for this type of service. Alderman James explained that the City is not without a contract however there has been an increase for the cost of the services. The Council is approving the increase while the staff is pursuing other quotes. The agreement has a 60 day"out"clause so that if a comparable service for less is found the City can void the contract. Mr.Graff stated that he has been in contact with other venders but he has not found one that offers the same services such as drug testing or free training. Mayor Prochaska noted that the increase is$1.00/employee/year or about$110.00/year. Alderwoman Spears verified that the contract was for a year and asked if Mr.Graff was researching the cost per usage. Mr.Graff stated that he has asked about this and found that services are usually based on straight fees. Motion approved by a roll call vote. Ayes-5 Nays-1 Sticka-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-nay ADDITIONAL BUSINESS Pat Summerall Update Alderwoman Spears asked if the Council was going to receive a list of businesses that contributed to the Pat Summerall Productions. Mr.Graff stated that he was still working on the list as contributions were still being received by the City. He stated that the current total was approximately$21,000.00. The deadline for contributions was June 12,2004. Alderwoman Spears asked for the current list which Mr.Graff could update later. Mayor Prochaska stated that this could be done. Alderwoman Ohare noted that there were pictures and an article in the Chicago Tribune regarding this. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing the purchase or lease of real property for the use of the public body. He asked that City Clerk Milschewski,City Treasurer Powell,Administrator Graff,City Attorney Kelly Kramer be included in the session. Motion approved by a roll call vote. Ayes-6 Nays-0 Ohare-aye,Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye Mayor Prochaska noted that no action would be taken. The Council took a break entered and into Executive Session at 8:30 P.M. The Council returned to regular session at 9:45 P.M. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Ohare;seconded by Alderwoman Burd. Motion approved by a viva voce vote. Meeting adjourned at 9:46 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois it D ..: 4:11- FT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE MEETING YORKVILLE CITY HALL CONFERENCE ROOM TUESDAY,MAY 18, 2004 ATTENDANCE Mayor Art Prochaska; Aldermen Richard Sticka, Wanda O'Hare, Paul James, Marty Munz, Rose Spears, Larry Kot, and Valerie Burd; City Administrator Tony Graff; and Kelly Kramer, representing the City Attorney's office. GUESTS: Stephen Yas, Michael Auf der beide and Jonathan Fischel, from Yas/Fischel Partnership;Kevin Dubajic; Lynn Dubajic, Yorkville EDC; Laura Brown; library trustees Sandy Lindblom, Kelly Murray, Marianne Wilkinson and Michelle Pfister; library board president Joseph Gruber; Dan Waitt, Beacon News; Kathy Farren, Record Newspapers; and Rob Melekus, WSPY News. Presentations: 1. RFQ for Facilities Master Plan a. Stephen Yas of Yas/Fischel Partnership gave a presentation on what the partnership could provide the city in developing a facilities master plan. Yas, who serves as the project designer and project architect, said the partnership routinely turns in projects on time and on budget and has a low change order percentage. He added the partnership provides small firm advantages with large firm techniques, provides creative innovation and has an emotional connection to each project. Defming some of the management philosophy, Jonathan Fischel, who serves as the project manager, said they have significant construction experience, they believe in good communication and they blend management with design and coordination of engineering consultants and contractors in a holistic approach. The design philosophy, Yas said, is an inclusive process. He said there are no preconceived notions. Staff would be interviewed one-on-one and there would be a series of listening sessions. The firm also would help to define Yorkville's identity. "What is Yorkville? What does Yorkville want to be and how do we get that,"he said. By looking at the community's past identity and historical reference, incorporating the downtown redevelopment plan and the municipal facilities master plan and the community image, the firm will help Yorkville define its identity. He said part of their job is to help Yorkville find its identity. For instance, he said there are a number of new subdivisions planned for the community. The firm will look at what the relationship is between Yorkville and these subdivisions. In devising a plan for the city, the firm also would look at existing architecture and take that into account. Scope of services for a municipal facilities master plan would take about three months/428 hours for data collection/community image/identity. That phase would include a minimum of three town listening sessions. The conceptual design options would take another three months/324 hours. That phase would include developing idealized prototypical facility conceptual designs and space considerations for facilities such as the city hall, library and police department reaching into the future 20 to 30 years. A cost review of the project would take about three weeks/70 hours and a final report would take about three weeks/147 hours. The total fee range would be about $72,000 to $84,000. Yas said they geared the scope of services to the budget and added that the total schedule duration of about 7.5 months depends on timely decision making by the client. Yas went on to show a number of the firm's previous and current projects, which include the Vernon Hills Village Hall, the Park Forest facilities master plan, an Evanston Fire Station and the Glencoe Village Hall/public safety master plan. Mayor Art Prochaska said noticeably missing in the portfolio of past projects is public works, which is a large need in the city. Yas said the firm could add any buildings. He said it's all within the scope of the project and the fee wouldn't change. Estimated fee ranges were $72,000 to $84,000 for the municipal facilities master plan which would take about 7.5 months to complete. For the downtown redevelopment vision plan, the estimated fee range was $42,000 to $53,000 with a completion time of about 5 months. If those two studies were combines, Yas said there would be a discount. The estimated cost then would be $99,000 to $120,000 over an 8-month period. Alderman Richard Sticka pointed out that the firm seems to have a lot on its plate already. Yas said the presentation basically showed work that was completed or near completion. He said the firm wouldn't be before the C.O.W. if it couldn't handle the project. He added there are a dozen people on staff. b. Charles Burridge from Burnidge Cassell Associates (BCA) said BCA would work on developing the municipal facilities master plan along with consultants from two other firms. Smith Group, JJR and S.B. Friedman and Company would also work on the project. Representatives from all three companies were on hand for the presentation and to answer questions. Burnidge said he realizes Yorkville was two communities. At one time a trolley car came through to tie the two communities together. He said it might be neat to bring back some of that history. Currently, the Fox Valley River and the dam have a lot to offer the community. As for BCA's background, Burnidge said they only serve clients such as municipalities, school districts and libraries. They have experience with recreational facilities in Channahon, Niles and Elmhurst and libraries in Algonquin, New Lennox, and Schaumburg and in Yorkville. Burnidge said the city requested the firm submit an example of a project. They submitted a Lake Zurich project, which features a new promenade. Burnidge added BCA has done quite a bit of work in preservation of historic farm sites. He gave the example of the water quarry in Batavia, which preserves the historic fabric of the community. Among other BCA projects, Burridge said the renovation of Altgeld Hall at Northern Illinois University will be completed this summer and they're working on a facade program in Elgin. After listening to Mayor Art Prochaska and city staff Burridge said it's clear that it's important to identify what is unique to Yorkville. He said he doesn't know what that is yet, but it's important to identify. From there, he introduced Paul Wiese, Smith Group JJR, to lead the presentation on the public engagement and consensus gathering process. Wiese said that they have experience working in communities and knowing what has worked for them and what hasn't. Yet,he said they'll all ears to hear what Yorkville residents have to say. Residents will be allowed to have input at town meetings and he said those meetings would be fun as residents try to pinpoint the essence of Yorkville. The firms like to use 3-D models to help residents get a better idea on ideas such as size and location. The goal of this phase is to see which identity should be developed, Wiese said. In the draft plan phase, the firm would try to put solutions in a detailed manner. Dan Gardner with S.B. Friedman and Company said they would identify a plan that works best for Yorkville. Burridge concluded the presentation with a summary of the phases and timing. Phase One is the planning phase, which includes community visioning, and a public engagement process to analyze facility needs for each municipal department. Phase Two is the implementation phase where plans for Phase One would be implemented. A market study also would be conducted. Phase Three would be the redevelopment phase, he said. While following through the outline, Burridge said he's legally not allowed to discuss fees at this time. If the firm is selected,then they would be able to sit down and negotiate fees. The BCA team would coordinate the scope and phases to correspond to the city's timeframe and budget. "When we become a part of your team, we identify with your community. Yorkville becomes us," he said. He added the community is very fortunate to have a river and that the firm would want to respect the whole area. Mayor Prochaska asked what the possible timeline would be. Burridge said it depends on the depth of research and study the city seeks, but estimated 7 or 8 months for a plan to be completed. Alderwoman Valerie Burd asked if the team would help the city find something unique about itself It was stated that the BCA team would help the community come up with some ideas. Alderman Larry Kot asked if a fee schedule could be provided. Burnidge said the teams licenses would be in jeopardy if they did so. City Administrator Tony Graff said that right now the city needs to look at the qualifications of the two firms making presentations. Once a firm is selected,then fees can be negotiated, he said. Detail Board Report(Bill List): Kot asked if the bill list for 03-04 was finalized now. Mayor Prochaska said he believed so. He said bills from last year need to be completed. Once purchase orders are done in April, sometimes they don't come due until May or June. Graff said the city is allowed to post-date those charges so that the purchases fall in the right year. Going through the list, Alderwoman Rose Spears and Alderman Joe Besco had several questions about expenditures. City staff members answered those questions, explaining the purpose of the expenditures. Mayor's Items: 1. Library referendum Kelly Kramer, representing the city attorney's office, said the Library Board wants the city to place a referendum for building of an addition to the library on the ballot in the next general election. The city needs to decide whether it will support the referendum. The city has all of the information except the amount of the tax levy. Under the Illinois State Statues, the Library Board is allowed to issue a levy with the maximum of.15 percent of the value. It can be increased up to .60 percent through a referendum. But in order to put the referendum to the public, the city council needs to approve a resolution and put a notice in the paper including what will appear on the ballot and the amount of the levy. A representative from the financial service said if you ask for a dollar amount, you're fixed at that amount and the library board wouldn't get any additional money to operate the library. However, if the city asks for dime, the money will grow over time. As the building gets paid off, the operating costs tend to grow. So the money will help operate it. Right now, she said,the city is waiting for the actual amount. Alderman Larry Kot asked if the language in the resolution could indicate any support on the city's part. Kramer said no. She said the council and anyone affiliated with the city has to remember they wear two hats and are not allowed to indicate they support the referendum or not. Graff said the city staff would be able to answer questions and present facts, but not try to sway the public one way or another. Joseph Gruber, library board president, said the library board will have a citizen's committee to promote the referendum. The mayor asked the council members if they were in consensus to have the city attorney go forward with drafting a resolution. The alderman said yes. Kramer said she would bring the resolution to the next COW meeting on June 1. 2. Coffee with the mayor Mayor Prochaska said a coffee with the mayor is planned for May 22 from 9 to 11 a.m. at Curves for Women. 3. Waste facility consultant to provide technical waste transfer siting services Kevin Dixon, for the past ten years, he's been the solid waste director for DuPage County. He said the county's plan was not to site more landfills but to build more transfer stations. He's since left his job as solid waste director for the county and is now working as an environmental consultant. He assists municipalities and counties with reviewing applications for transfer station siting applications and critiquing those applications. These types of applications are getting quite lengthy, he said. And he added, every application is different He helps the municipalities in setting up hearings, answering questions and put in conditions for approval. Alderman Paul James asked if one of the conditions could be a certain truck route. Dixon said absolutely. Operation hours are another concern. Kot asked if there were any other costs other than Dixon's hourly rate. Dixon said no. Alderman Rich Sticka asked if Dixon's fee could be paid out of the application fee, if a waster transfer site is applied for. Mayor Prochaska said yes. Sticka added that Dixon's resume is very impressive. Mayor Prochaska said the city was interested in talking to someone now before an actual application is filed. He said it's not something that has to be moved on immediately. Mayor Prochaska asked the council if they would be interested in retaining Dixon on an as needed basis. The city also could talk to some larger firms. The council indicated they would like to hire Dixon on retainer. 4. Employee sick time donation Graff asked the aldermen if they would be interested in amending the city's personnel manual to address the issue of donating sick time. It would allow employees to apply to a pool in case of a catastrophic illness where they've used up all of their time. James said employees would donate one or two days to a bank and ill employees would apply for it. Kot said it's an extremely worthwhile program. Sticka asked how it would be determined who would receive the sick time. Graff said there would be guidelines established. Spears suggest the city look at the policy in place in Sugar Grove for ideas. Mayor Prochaska said he'd also like to look at the state's policy. Graff said there seems to be an immediate need in the city for one. Mayor Prochaska said that such a request should come before the city council until a policy is drafted. Economic Development Committee: 1. Fox Hill PUD Amendment Mayor Prochaska said the aldermen should have received a letter stating that Paul Dresden will not be requesting sales tax. The developer would just like some language in the PUD that says it may be considered in the future. Graff said there might be an economic incentives request to use sales tax. If that verbage is taken out, is the city then comfortable with what is proposed, Prochaska asked. Sticka said that was the main issue. Kelly said the other issue people had questions on is that the developer was seeking reimbursement for costs for engineering costs on Rob Roy Creek flood plain and the realignment of Eldamain Road. Sticka said in his mind, the compensation came in the rezoning itself. The representative from the developer said the only compensation they're now seeking is compensation for the roadway. Mayor Prochaska said the road is now a county road. He added that any improvement on that road required by the county, must be met. Kramer said they have the rough language worked out and a PUD agreement should be revised by Friday. 2. Resolution amending facade program Kramer said the program has been expanded to include commercial and residential buildings in the entire city built before 1940. Kot asked if the city could include language to give some leeway to include any other buildings that can show unique historical significance. Kramer said that could be added. Kot also said it needs to be spelled out that disbursement of funds would be awarded on a first come, first serve basis. Mayor Prochaska said that's spelled out in the original ordinance. The alderman agreed to put in the extra language and agreed to put the item on the City Council's consent agenda. 3. Tanglewood Trails annexation Kramer said they wanted to do one last legal review on the language regarding the responsibility of paying for the water service. Mayor Prochaska said on Page 5, paragraph N, he thinks it should say the city will provide police services, library services, and other services as generally provided by the city. In paragraph 0,this is something new. In the past is has said the city may pay certain costs as opposed to shall. Kramer said she can talk to the developers to see if they would be agreeable to that. Mayor Prochaska asked if the city has all of the attachments such as landscaping, subdivision plat and the annexation plat. Kramer said the city can get the annexation plat. Mayor Prochaska reminded everyone that this is a county subdivision and that the subdivision is not contiguous with the city yet. He said he'd like to see those changes be looked at. He also wants to make sure that the city has all of the proper exhibits. If so, he said it can move forward to the city council. Road impact fees have been a topic, James said. He wanted to know if the fees would be applicable to this development. Kramer said she could check and see. Mayor Prochaska said the county is looking at the city to collect fees because the county can't do it. He said he has a problem with that. Administration Committee 1. Water works system improvement projects and update radium compliance. James said there are a couple of policy questions to address. One questions is whether the city should wait and apply for an Illinois Environmental Protection Agency loan. They won't know until November if the city will receive it. If the city decides to move forward, what kind of financing would the city try to use. Tracy Plockham has done some research on the loan process. She said last year, the IEPA budgeted$74 million. This year they've budgeted $67 million. They're doing the public hearings for what municipalities will make the list in July and August. Typically a letter goes out to municipalities in September about what has been awarded, but it isn't formalized until October. The city needs to be proactive and possibly assume it will get money from the program because of timing constraints. Since the city's been on it before, it might have a good chance to get the funding. The cost estimate Engineering Enterprises Inc., was talking about is $20,000 to $30,000 to determine if the city's eligible. If the city were not eligible, it would have to go the route of bonds. Graff said the city has indicated it wants to take the project to 2008. He said the city is okay with the compliance schedule through the IEPA. James asked if the city waits for the IEPA loan and doesn't get it, would the city have to pay higher rates if it issues revenue bonds? The city financial advisor said maybe the city should go down both paths. Seek the revenue bonds and alternate bonds and still apply for the IEPA grant. But James said one of the qualifiers for the IEPA is whether the city has other available funding. However,the advisor said the city wouldn't actually borrow the money. It would just put things in place. Graff said as long as the city isn't making any defmitive decisions to award a contract, it would still be eligible. Graff said there are 127 violations in the state and it's unknown how many will apply for the IEPA loan. However, he said a more definitive list of how many municipalities are applying for the loan by September. By October,the city will know if it has made the cut. James asked why the city would want to get the bond process in motion then if the city can't sell the bonds. Mayor Prochaska said it would save some time. The financial advisor said the real problem is whether the city wants to spend $25,000 to see if it eligible for the loan and hope to save $900,000. Kot asked about an alternative rate schedule. The fmancial advisor said no matter how you look at it, it would always cost more to delay the payment. But it will be more affordable as the city gets more users. Kot said if the city back weighs it too much, it would seem as if the city is pushing it off to some future council to worry about paying it. The benefit is there would be extra money to pay on existing water and sewer debt. The financial advisor said it's a very difficult balancing act. James said there are two questions on the table—does the city apply for an IEPA loan or does it move forward and sell bonds. Mayor Prochaska said he likes the idea of saving $900,000 and applying for the IEPA loan. Also, he said the city should have some good answers by the end of August. He suggested the city apply for the IEPA loan and still proceed on the bond resolution until something is more definite. 2. Grande Reserve SSA ordinances This item was tabled. Park Board: 1. Concession driveway paving contract Laura Brown said they've only received one bid because it is such a small project. Public Works: 1. Institutional agreement for Fox Industrial Park Sticka asked if people who have wells in that area should be concerned. Kramer said it's more of a precautionary measure by the IEPA. Basically, the IEPA wants an assurance the city won't build a water tower in that area or build any new wells while they're doing the remediation at Fox Industrial Park. Mayor Prochaska asked if the city needs to notify landowners in the area. Kramer said she would check and get back to the COW in two weeks. 2. Facility Planning for Proposed Expansion of YBSD Treatment Facility Graff asked if the council wants to see the full-blown presentation to understand the proposed expansion. Basically, the city is doubling the size of the treatment facility. The COW seemed to indicate that wasn't necessary The meeting adjourned at 10:25 p.m. Minutes respectfully submitted by Dina Gipe Page lof7 � . UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE TUESDAY, NOVEMBER 4, 2003 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Joe Besco Alderwoman Val Burd Alderman Larry Kot Alderwoman Rose Spears Alderman Rich Sticka Alderwoman Wanda Ohare CITY STAFF PRESENT: City Administrator Anton Graff City Treasurer Bill Powell City Attorney Kelly Kramer Police Chief Harold Martin Finance Director Traci Pleckham Public Works Director Eric Dhuse Parks & Recreation Director Laura Brown This meeting was called to order at 7:04 p.m. MAYOR Plan Commission Restructure Mayor Prochaska stated that as a result of not having a quorum for the previous month's Plan Commission meeting, he will be looking into restructuring the Plan Commission. At present there are 13 members, seven of which are needed to hold a meeting. The Mayor is looking to make recommendations to lower the number of the Commission members to nine with adding a vice chairman who will serve in the chairman's absence. The Mayor intends to place this on the Economic Development's agenda for further in- depth discussion. ECONOMIC DEVELOPMENT COMMITTEE Yorkville Hill Landscaping PUD Agreement- COW 10/7/03 This item has been tabled. Ordinance Modifying Subdivision Name from Menard's Residential to Prairie Meadows City Attorney Kelly Kramer presented a draft of an Ordinance to modify the subdivision Page 2 of 7 name from Menard's Residential to Prairie Meadows. It was unanimously agreed to place this on consent agenda for the next City Council meeting. Westbury Annexation Agreement- COW 8/5/03& 7/15/03 This item has been tabled. PARK BOARD Athletic Field Reservation Policy-Park Board 10/13/03 Parks and Recreation Director Laura Brown stated that the Park Board has discussed and approved the Athletic Field Reservation Policy on October 13, 2003. They recommended moving this forward for discussion and approval by both COW and City Council. In addition, the Park Board also recommended that a Public Hearing on the Policy prior to the final approval or action by the City Council take place to give local residents a chance to comment. The purpose of this policy is to ultimately take the Park Board staff out of the decision process of who gets priority use of the athletic fields. Ms. Brown suggested that language should be placed in the proposed policy to include the possibility of fees required, with a caveat stating that certain fees can be waived by the Council on a case- by-case basis. The Mayor stated that a public hearing should be held for the public's input with Park Board members present. He further recommended that a public notice announcement be placed in the newspaper by the next City Council meeting of November 25, 2003. Alderman Kot expressed a concern with charging non-for-profit groups a fee for use of the athletic field. Alderwoman Spears asked that the Park Board bring a proposed fee schedule to the City Council for approval. Footnote: Alderwoman Spears asked Attorney Kramer to stamp those items that she has reviewed for clarification that this indeed has been done. Attorney Kramer agreed to this. Beecher Use- COW 10/7/03 The Mayor stated that the Parks and Recreation Director Laura Brown has asked for direction from the council as to what the Beecher Center's primary use will be. She wants to know if the council considers this a community or recreational center. This is the core of the conflict that exists as they diligently work to schedule the multitude of groups that are requesting its use. The Mayor believes the Beecher Center was initially built as a community building, and not a recreational center, nor was it intended for an auditorium. Alderwoman Spears added that this was initially established for the use of the senior citizens, as indicated in the historical documents that she researched and brought to the meeting. She would like to see it continue to be used for seniors. The Mayor stated that, if the Beecher Center will be used solely as a Community building, recreational programs will need to be accommodated elsewhere. The Mayor suggested that a master plan be put together to design one large new community center with the possibility of developers helping with the funding, instead of adding smaller private community centers in each subdivision. Administrator Graff suggested that a Request for Proposal be drawn up for the purpose of presenting this idea to future, Page 3 of 7 prospective developers. There is also a need for a Parks and Recreation building for one central storage spot for their equipment, since currently, it is stored(inconveniently) in multiple locations. Alderwoman Burd recommended that all available buildings be reviewed to identify all community programs and their need for accommodations. The Mayor stated that since the City is out of recreational space, and the Beecher Center is currently booked out through the year, he is asking the committee to come up with a viable solution for cooperatively accommodating all groups. He has requested Laura Brown to present her master schedule to the committee for their review and to brainstorm to find additional space in order to accommodate at least some of the recreational programs in existence. Since a huge increase in recreational programs has occurred, many schools have been utilized for their accommodations. The Mayor would like to see the ordinance reviewed to see who sets the fees for the use of the Beecher Center. He further stated that he believes that non-for-profit groups should continue to be given priority use, according to the intent of Mr. Beecher as stated in his will. This, he reminded the committee, is the current policy. Elsie Luise Gilbert Park Attorney Kelly Kramer advised that a town meeting will take place on November 24, 2004 at 6:30 p.m. which will be open to all adjoining landowners for an opportunity to express comments and ask questions regarding this new park. Parks and Recreational Director Laura Brown presented the preliminary plat of this park and explained a noted change that will occur: that the parameters of the sidewalk will be widened. There will be no parking, as it was designed by Schoppe Design Associates to be strictly a walking neighborhood park. PUBLIC WORKS COMMITTEE Amendment to Burning Ordinance- COW 10/7/03 Alderman Besco pointed out a typographical error on page 1 of this proposed controlled burn ordinance. Attorney Kelly Kramer acknowledged the need for this correction. This will be placed on Consent Agenda, of which the committee unanimously agreed. Well#7 Change Order-PW 10/27/03 As per memo of September19, 2003 from Joe Wywrot, City Engineer, there is a decrease in Change Order No. 1 for Well No. 7, in the amount of$16,500 for changing the temporary water supply from a shallow well to the City's water system in Country Hills. This, too, was unanimously agreed to be placed on Consent Agenda for the next City Council meeting. Apple Tree Court Roadway & Utility Improvement Change Order-PW 10/27/03 As per memo dated September 24, 2003 from Joe Wywrot,there is a decrease in Change Order No. 1 for the Apple Tree Court Roadway& Utility Improvement in the amount of $4,362.75. Many factors for the decrease in the Change Order amount are explained in Mr. Wywrot's memo. This was unanimously agreed to be placed on Consent Agenda. Page 4 of 7 Well Numbers 8 & 9 Treatment Facility-PW 10/27/03 Alderman Besco stated that due to the new architectural standards, the new well houses did not comply. The cost to bring them up to the new standards will be an additional $7,300. This was unanimously agreed to be placed on Consent Agenda. Water Report for August 2003-PW 10/27/03 Alderman Besco stated that Longford Lakes was put on line with the water department and 39 new residential customers were added. The Committee reviewed August s Water Department Report and unanimously agreed to place this on Consent Agenda. City Hall Parking Lot Change Order-PW 10/27/03 As per memo dated October 8, 2003 from Joe Wywrot, Change Order No. 1 for this project will be increased in the amount of$1,285.00. This is for the repair of a light pole. The discussion of recouping some of the cost through insurance was brought up, since this occurred as a result of a fallen tree during a recent storm. Administrator Graff agreed to look into this. This was unanimously agreed to be placed on Consent Agenda. Grande Reserve-Plat of Easement-PW 10/27/03 As per memo from Joe Wywrot dated October 21, 2003, a proposed plat of easement was presented of the Grande Reserve development to allow the city sanitary sewer and Commonwealth Edison's electric line to serve Well No. 8,the new water tower, and the water treatment facility. Since this is the acquisition of property,this will be placed on the City Council's regular agenda under the Public Works Committee Report. Standard Equipment Company for Yard Waste Collector-PW 10/27/03 According to Alderman Besco, proposals for a large yard waste collection system were opened on October 3, 2003. The Standard Equipment of Chicago company was the only bidder. Their proposal was $35,557.00. This expected amount was budgeted for in the Public Works capital line item. This was unanimously agreed to be placed on consent agenda for the next City Council meeting. Stop Signs at the Intersection of Greenbriar& Walsh -PW 10/27/03 As per memo dated October 21, 2003 from Joe Wywrot wherein he recommends the removal of what he believes to be, "an unwarranted stop sign" at the intersection of Greenbriar and Walsh Streets. He would like to see it replaced with a yield sign. His recommendation was based on a traffic count he conducted at this intersection. The Mayor would like to see some sort of blinking sign there as well as another sign that indicates that "traffic from the right does not yield". It is his understanding that often people do not observe just a simple yield sign. No council action is required on this issue. This was just presented for informational purposes only. This will be publicized via the press who are present at this meeting. PUBLIC SAFETY COMMITTEE Police Reports for September and October 2003-PS 10/23/04 Page 5 of 7 After the committee's review of police reports for September and October 2003, it was unanimously agreed to place this on Consent Agenda. Request to fill Two Part-time Officer Vacancies-PS 10/23/03 Presented by Alderman Kot for informational purposes only, the Public Safety Committee agreed at their meeting of October 23,2003 to fill two vacancies for part-time officer positions. Server and Router Located at the High School-PS 10/23/04 Alderman Kot stated that the federal grant that partnered with the School District allowing use of a server, router and work station for establishing the City's web site is no longer needed by the City. The equipment is eight years old. Attorney Kramer stated that no action is required when transferring property from one governmental entity to another. In spite of this, the Mayor stated that he would like Attorney Kramer to draw up a Motion to Release Private Property since this was acquired through a Federal Grant. This will be placed on the City Council's regular agenda for vote under the Public Safety Committee Report. ADMINISTRATION COMMITEE Resolution for Checking Account for Clerk's Office for the Recording of Documents- Admin 10/9/03 According to Alderwoman Spears, her committee unanimously agreed to the authorization of a checking account for the purpose of paying fees for the recording of the city's documents. The signatories to this account will only be the Mayor,the City Clerk and the Deputy Clerk. This Resolution Authorizing the Establishment of a Checking Account at Old Second National Bank for the Recordation of Documents will be placed on the Consent Agenda with minor corrections as discussed at this meeting. IMLRMA Renewal for 12/31/03-12/31/04 The 2004 renewal invoice from the Illinois Municipal League's Risk Management Association was discussed by the Committee. According to Administrator Graff, several other insurance companies were invited to bid. He looked into unemployment insurance and found that some companies allow a rollover to the following year for any unused unemployment compensation not used. It was agreed by this committee to renew the IMLRMA's insurance coverage to meet their deadline of November 14, 2003,to be able to receive the discount they offer for early renewal. It was unanimously agreed to place this on Consent Agenda for the next City Council meeting. Internship Manual- COW 10/21/03 &Admin 10/9/03 Alderwoman Spears stated that the labor attorney that was consulted indicated that paying a stipend to an intern is an acceptable practice. An intern, she stated, is classified as a temporary employee of the City. The Mayor suggested that the number of interns should be determined to budget for the amounts of stipends required for the following year. Alderwoman Ohare suggested at least determining a salary range, based upon the required duties of that intern. The labor attorney recommended that a signed agreement Page 6 of 7 from each intern be kept on file. The questions that remained from the Administration Committee's meeting of October 9, 2003 are: > Will the Council have the opportunity to approve the cost of the intern before he or she is contracted? >At what time intervals will the Council be kept informed of the intern's progress during their contract period? The Mayor indicated that the intern, as part of his school assignment, is required to give a midterm report on the tasks they have performed. Further, Alderwoman Spears indicated that each intern will provide an evaluation of his or her job assignment, which will be used as a tool to evaluate the City. Alderwoman Burd expressed her concern with interns performing communications and marketing tasks without a City staff member with a marketing background to oversee this intern. It was agreed to add the verbiage for the Police Department's internship which is contained on one page as well as including the nepotism policy as was discussed at a previous Administration Committee. Afterward,this will be proofread, all corrections will be made, and this will be placed on the Consent Agenda for the next City Council meeting of November 11, 2003. Resolution Consolidating Certain Funds: South Sewer& Working Cash -Admin 12/12/02 As Finance Director Traci Pleckham explains, certain funds will be consolidated for easier administration and accounting. The funds that will be consolidated are as follows: > The South Sewer Fund (which is at $10,674)will be consolidated into the Sewer Improvement Fund. > The Working Cash Fund (which is at $111,569)will be consolidated into the General Fund. It was agreed to place this on Consent Agenda for the next City Council meeting. ADDITIONAL BUSINESS Alderwoman Burd stated that Sue Vos of the Tourism Council shared a copy of the Governor's Report and is asking all council members to review it. She further recommended that the Mayor send a letter to a Mr. Jack Lavin to advise him of the existing projects Yorkville is involved in. Alderwoman Burd also stated that during the repair of her street(Hydraulic), her mailbox was removed. She inquired of Administrator Graff when the construction project on her street would be completed. Page 7 of 7 After researching the background of the Beecher Center, Alderwoman Spears discovered a plaque was never placed in honor of the family who donated it. She believes that it would mean a lot to the Perkins, Austin and Daley families. The Mayor stated that he asked at a recent birthday party of Dorothy Perkins for pictures of the families to post in the Beecher Center. Alderwoman Ohare brought an article from the Chicago Tribune which discussed how the town of Gurnee was in trouble for not following the State's guidelines for the shredding of documents. City Treasurer William Powell stated that the Police Pension Board's portion of the Treasurer's Report was accepted by the Committee, but not formally approved. He stated that he only presented it as a matter of record. Public Works Director, Eric Dhuse asked the Committee for their input regarding the selection of samples of brick and shingle colors that will be used for two new booster stations. The Mayor reminded the Committee that the next Ad Hoc Committee meeting will be on November 13, 2003 at 5:30 p.m. to discuss the School Districts and the City's joint missions and expectations. Administrator Graff handed out the newest City Newsletter to all present. Meeting Adjourned at 9:02 p.m. Respectfully submitted by Gail-Marie Denton _„___,,,,,_ YORKVILLE - BRISTOL SANITARY DISTRICT July 12, 2004 Tony Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone 630-553-4350 Dear Tony: Per our conversation today, the Yorkville Bristol-Sanitary District wishes to pave the River Street portion directly in front of the YBSD entrance and administration building. We intend to coat the road with a 1-1/2 inch blacktop coating overlay, and correct any existing structural failures per our consultant's (Walter E. Deuchler &Associates) direction. I have provided a schematic of the area to be paved, for your viewing. The Yorkville-Bristol Sanitary District is not asking for any monetary contribution from the City of Yorkville for this project. Your acceptance to implement this project would be greatly appreciated. If you have any questions, or need further information, please contact me. Sincerely, Ralph E. Pfister Exec ' e Dir-ctor cc: YBSD Trustees 1 'U J•,+GrI I NML I LPC LLUI..MLLPC IIT 11U.4C4 r.1/G • MIAOW WWII WASS SO StOn ft*1rDTn 1 r/Y IlIN1ANws La1L1lttE L1RfAEE COURQ,CLASS 1 . fINISKD r INNNNWi CONCRETE NIPPER COURSE,CLASS I ;O� ",z, n11 rain 4it�;"7 uwei V' TIL JFd14'tl MK COAT OVER STONE NUN-MASE Y0.iO•OM UAL/S,Y. .-10'CA-S mum STOIC SOS-a•sc TIPICA- ROADWAY(Nor TD soul DRAWNG HOT TO SCALE MITCH&MCA TO If POO RITADC Of RAT (CIMSTINO PAKWI■T TO/C wuCO CO RCw040) tle_ 1� O _ __�J\i ________ \ ._____ } __ ''' Milleik �/ •5810/1 �' \ c6 / „,, , 552 - 1111: __ \r (S. I .53 I co0-- s,„zi ---- _ O1 es ,0:::.— w; 'Na5 /& il;>\--,._.___ .\- --7277-72--________ t �E�1 44 \h —ss9 ��> >�8� ses itimumiz�„. �../ t ‘,, ..RIVER Ili . A �� RD. \_ _ ,rte.-._- ____,7-_---- -- _==\ — Jam-•-- - \\ --4-- -------T-::\\ \\NNN\ APFROX, PAVING DIMENSIONS 100' . ]0' TAALI�r D CHLER ASSOC4M INC. m�v' �` YORK ILLI.IIRISTOL SANITARY DISTRICT A-15 -�-i7� , P,ITf/M .ir r wrTr...TM I+tt nM[rtRvLmy 200T WAi1fWAfLR T11[ATA NT PLANT AOOfT70N1 x N r �”' r nwmpolo"PAVING SIA rrss 's X �nrn '1 xI Y :\., o, i 0 711 Iii. at - < V it N a KING STREET WEST g ° z SIDE OF STREET c '.E> EDGE OF WA TERMAIN .r i REHAB PATCH PLANT ENTRANCE ' Ill EAST CURB N COUNTY PAVING gra LIMITS (2003) iz APPROX. 150' is PAVING LIMITS 96ELE V. 595.95 96 111 ROADWAY GRADE 95 95 U , 1 H 94 _ 94 a w /, g3 = 93 A� --- r . _T W ,\ Q 92 92 01 EE \ t Ll 91 9 i \ \. 3 // E GRADE 90 90 __—.."1 i -----, 89 ��`� 88 CI') 88 wAim Filo SECTION A-A PAVING LIMITS q RIVER ROAD EXISTING PROFILE ELEV. 588.06ail NOT TO SCALE UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LISA PICKERING July 12, 2004 TO: Mayor and City Council Department Heads RE: Additional information for the City Council packet—July 13, 2004 Attached please fmd information on EDC #2 — Bailey Meadows Annexation& Preliminary Plan. Please add this information to your City Council packet. Sincerely, Lisa Pickering Office Assistant ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,A MUNICIPAL CORPORATION, AND IRED BASELINE,L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY Prepared by and return to: H. Dan Bauer, Esq. The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, Illinois 60523 Doc:58228/4 TABLE OF CONTENTS SECTION PAGE 1. ANNEXATION 2 2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE 4 3. FUTURE FINAL PLATS AND FINAL ENGINEERING 6 4. SECURITY 6 5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, FUNDING MECHANISMS AND WATER WELL AND TOWER SITE 9 6. EASEMENTS AND APPROVALS 13 7. CONNECTION TO CITY SERVICES, FEES AND ABSENCE OF SPECIAL SERVICE AREA OR SPECIAL ASSESSMENT DISTRICT FOR THE TERRITORY 14 8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS 16 9. SIGNAGE 19 10. ELECTRIC, GAS, TELEPHONES AND CABLE TV 20 11. INGRESS AND EGRESS 20 12. ANNEXATION, SCHOOL, PARK DISTRICT AND LIBRARY IMPACT FEES AND RECAPTURE AGREEMENTS 21 13. PROFESSIONAL FEES 22 14. CITY ORDINANCES AND CODES 22 15. BUILDING PERMITS AND RELATED INSPECTIONS 24 16. RECAPTURE AND BENEFITTED PROPERTIES 25 17. CERTIFICATES OF OCCUPANCY AND MODELS 27 18. DISPLAY PURPOSES 31 Doc:58228/4 19. TEMPORARY PARKING 31 20. FEMA LETTERS OF MAP REVISION 31 21. TRANSFER 32 22. CITY ASSISTANCE 33 23. GOVERNING LAW; ENFORCEMENT; REMEDIES 33 24. INTEGRATION AND AMENDMENT 35 25. SUCCESSORS AND ASSIGNS 35 26. SEVERABILITY 35 27. TIME 36 28. TERM OF AGREEMENT 36 29. NOTICE 36 30. CURRENT USES AND APPLICATION OF CITY TAXES 37 31. SUBSEQUENT AMENDMENTS 38 32. COVENANTS RUNNING WITH THE LAND 38 33. FUTURE APPROVALS AND COOPERATION 38 34. POSTANNEXATION CITY ACTIONS 39 35. CURRENT 40 36. VARIANCES 40 Doc:58228/4 ANNEXATION AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND IRED BASELINE,L.LC.,AN ILLINOIS LIMITED LIABILITY COMPANY THIS ANNEXATION AGREEMENT("Agreement")is made and entered into this day of ,2003,between the UNI I'ED CITY OF YORKVILLE, a municipal corporation, located in the County of Kendall, State of Illinois (hereinafter referred to as the "CITY"), and IRED BASELINE, L.LC., an Illinois limited liability company (hereinafter referred to as the "OWNER"). WITNESSETH WHEREAS,at the time of execution of this Agreement,OWNER is the sole owner of record of the real estate that is the subject matter of this Agreement. Such real estate is legally described in EXHIBIT "A" attached hereto and which by reference is incorporated herein; and WHEREAS, the said real estate (herein referred to as the "TERRITORY") is comprised of approximately one hundred fifty(150) acres, more or less, and is shown on the Plat of Annexation attached hereto and incorporated herein as EXHIBIT "B"; and WHEREAS, the OWNER shall develop the TERRITORY with uses or design generally consistent with all such criteria contained in this Agreement and the General Land Use Plan of Gary R. Weber & Associates dated February 18, 2004 (herein referred to as "Site Plan") attached hereto and incorporated herein as EXHIBIT"C"; and WHEREAS,the TERRITORY is currently not contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city; and -1— Doc 58228/4 WHEREAS,the TERRITORY is located within the Bristol Kendall Township Fire Protection District,the Bristol Township Road District,and after annexation,unless at the time that the TERRITORY becomes contiguous and is automatically annexed to the CITY the CITY has its own fire department that provides fire protection for the TERRITORY, will remain within the jurisdiction of the Bristol Kendall Fire Protection District and,upon annexation, will be served by the CITY'S public library; and WHEREAS, the corporate authorities of the CITY, after due and careful consideration, have concluded that the annexation of the TERRITORY to the CITY upon the TERRITORY becoming contiguous to the corporate limits of the CITY would further the growth of the CITY, enable the CITY to control the development of the area and serve the best interests of the CITY; and WHEREAS,pursuant to the provisions of Sections 5/11-15.1-1 et seq.,of the Illinois Municipal Code, (Chapter 65, Illinois Compiled Statutes, 2002), a proposed Annexation Agreement was submitted to the corporate authorities of the CITY and a public hearing was held thereon before the Mayor and the City Council of the CITY pursuant to notice, as provided by the statutes of the State of Illinois; and WHEREAS,the OWNER and the CITY have otherwise respectively complied with all applicable ordinances and laws of the State of Illinois regarding annexation, zoning and development of the TERRITORY, all pursuant to and upon such notices and related procedures as are required by the ordinances of the CITY and the laws of the State of Illinois. -2- Doc 58228/4 NOW,THEREFORE,in consideration of the mutual covenants and promises herein contained,the parties agree as follows: 1. ANNEXATION. A. This Agreement is made pursuant to and in accordance with the provisions of Sections 5/11-15.1-1 et seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes,2002)of the Illinois Compiled Statutes;that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 5/11-15.1-1 et seq., of the Illinois Municipal Code (Chapter 65,Illinois Compiled Statutes,2002),in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. That OWNER has filed with the City Clerk of the CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s)before the applicable corporate authorities of the CITY, which hearings were held in accordance with the provisions of the Statutes. C. The CITY agrees to enact an ordinance authorizing the execution of this Agreement by the OWNER and after enactment of such ordinance, the CITY shall execute this Agreement. Upon the TERRITORY becoming contiguous to the municipal limits of the CITY,the CITY shall enact ordinances necessary to annex the TERRITORY -3- Doc:58228/4 into the corporate limits of the CITY pursuant to the Petition for Annexation, subject to the terms of this Agreement. It is agreed that the CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time,the annexation of the TERRITORY to the CITY is legally challenged by any person or entity by an action at law or in equity,the CITY shall: (i)cooperate with OWNER in the vigorous defense of such action through all proceedings,including any appeals;and(ii)take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the TERRITORY and/or other properties to the CITY so that the annexation of the TERRITORY to the CITY can be sustained and/or effected. 2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE. That contemporaneously with the annexation of said TERRITORY to the CITY, the corporate authorities shall adopt an ordinance or ordinances amending the provisions of the Zoning Ordinance of the CITY so as to provide that the Parcels of the TERRITORY be zoned and can be used for the purposes currently allowed in the following zoning classifications of the CITY'S Zoning Code: Parcel 1: Legally described on EXHIBIT "D" attached hereto and made a part hereof and containing approximately eighty eight and five hundred twenty three/thousandths(88.523)acres shall be zoned R-2 General Residence District, Parcel 2: Legally described on EXHIBIT"E" attached hereto and made a part -4- Doc:58228/4 hereof and containing approximately thirty and five hundred twenty seven/thousandths (30.527) acres shall be zoned R-3 General Residence District, Parcel 3: Legally described on EXHIBIT"F"attached hereto and made a part hereof and containing approximately thirty-one and three hundred eighty eight/thousandths (31.388) acres shall be zoned B3 Service Business District. OWNER shall be entitled to construct a minimum of one hundred eighty nine(189) single family detached residences on Parcel 1 and one hundred fifty three (153Lattached single family town home units on Parcel 2, and, in its sole discretion, may reduce the number of units constructed. The Preliminary Plan attached hereto as Exhibit"G " depicts for Parcels 1 and 2 the road right-of-ways, the open space, detention areas, setbacks from Route 47 and Baseline Road, utility easements and park areas. The CITY hereby approves the aforementioned Preliminary Plan and agrees to approve Preliminary Plats of subdivision and Final Engineering plans and Final Plats of Subdivision for Parcels 1 and 2 even beyond one (1) year from the date of this Agreement provided the respective final plats and engineering plans(which may be in phases)are in substantial confoluiance(on a Phase by Phase basis)with the Preliminary Plan hereby approved. It is agreed that the park donation required pursuant to Ordinance is a donation of 6.6 acres of land. OWNER shall contribute said 6.6 acres of land at the CITY's request at any time after the TERRITORY becomes contiguous in complete satisfaction any and all land/cash donations due pursuant to current and/or future CITY ordinances. The CITY further agrees that no park donation is or ever will be required for any Parcel with a non-residential zoning classification. It is agreed that during the term of this Agreement, the current CITY Zoning Ordinances attached hereto as EXHIBIT"H"and the current CITY Subdivision Control Ordinances -5- Doc 58228/4 5-Doc:58228/4 attached hereto as EXHIBIT"I"shall control the development of the TERRITORY and all portions, Phases and/or Parcels thereof and no modification or amendment thereto shall affect development of the TERRITORY without the OWNER'S written consent to such amendment or modification, which consent can be withheld in OWNER'S sole discretion; provided, however, life-safety provisions of building codes and inspection and hook-up fees which are charged on a non- discriminatory basis city-wide can be modified or amended from time to time and such modifications shall be applicable to the TERRITORY. Notwithstanding the provisions of the foregoing sentence, if at any time after five(5)years from the date that this Agreement is executed by the CITY,the CITY modifies or changes its Subdivision Control Ordinances then from and after the fifth anniversary date of the date that this Agreement is executed by the CITY, the CITY'S Subdivision Control Ordinances as then in effect will apply to all portions of the TERRITORY for which neither a preliminary plat of subdivision nor a final plat of subdivision has been filed with CITY. In the event of a conflict between any applicable CITY ordinance,rule or regulation and the Preliminary Plan and engineering attached hereto as EXHIBIT "G" (or any final plats and final engineering in substantial conformance with such exhibits)or the terms of the Agreement,the terms of the Agreement and the aforesaid approved Preliminary Plan and engineering(and any final plats and final engineering in substantial conformance therewith) shall control and prevail. 3. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the TERRITORY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNER to stage the development over a period of twenty(20)years in length -6- Doc 58228/4 6-Doc:58228/4 and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8(2002). The CITY shall not require engineering to be submitted for any Phase of the TERRITORY, that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER;provided,however,the City can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 4. SECURITY. A. In satisfaction of any bonds or deposits required to guarantee construction or performance under applicable CITY ordinances or regulations,OWNER,at its election,may furnish to the CITY a subdivision bond as provided by the Statutes, an irrevocable letter of credit or other security acceptable to the CITY(such subdivision bond,irrevocable letter of credit or other security acceptable to the CITY, as elected by OWNER, is hereinafter referred to as "Security"), in a form approved by the CITY and issued by a sound and reputable banking,bonding or financial institution authorized to do business in the State of Illinois with the amount of Security to be posted pursuant to CITY Ordinance or as specified herein if provided otherwise. B. Except as otherwise provided in this Agreement, it is understood that the Security shall apply only to those public improvements for which security is required by the CITY'S Subdivision Control Ordinance that is in effect at the time the CITY executes this Agreement. It is further agreed that a separate OWNER of any Parcel or Phase of the TERRITORY shall not be -7- Doc:58228/4 required to post Security for any improvement work to be performed on another OWNER'S Parcel or Phase of the TERRITORY. C. The CITY agrees to review fmal plats of subdivision along with the accompanying engineering plans,and if the same are acceptable,the CITY shall execute the plat of subdivision when OWNER delivers the Security to the CITY,which can be within one(1)year from the date of said conditional approval. The CITY shall not require the posting of Security for the construction on the TERRITORY of private improvements (such as private storm water management facilities)but if, for a given Phase of development within the TERRITORY,the CITY determines that such private improvements have not been adequately completed or properly constructed,the CITY shall have the right,with respect to such Phase of development,to withhold the issuance of building permits and certificates of occupancy until such improvements have been completed or until necessary corrections to such improvements have been made to the reasonable satisfaction of the CITY. Notwithstanding the foregoing, if the OWNER posts Security with the CITY in the amount of one hundred ten percent(110%) of the amount estimated by OWNER and approved by the CITY, to be needed to complete such private improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. D. The Security shall constitute a guarantee that all the public improvements required in a Phase will be constructed by OWNER pursuant to this Agreement and the current applicable CITY ordinances, and shall be completed (except the final course of asphalt, public sidewalks and public parkway trees) within a period of time not to exceed two (2) years from the -8- Doc 58228/4 final plat approval for each Phase of the TERRITORY (any extension of time of the foregoing two (2)year period will be mutually agreed upon by OWNER and the CITY in writing),and that should OWNER fail or default in the completion of such obligation within the permitted time, then the CITY may use the Security to the extent necessary to complete or repair any and all of the improvements secured thereby. E. OWNER shall be relieved of all continuing responsibility under a Security provided pursuant to this Section 4 once the CITY has accepted all public improvements required to be constructed with respect to a given Phase of the development of the TERRITORY,all warranty work for such Phase, if any, has been performed by OWNER and approved by the CITY, and all warranties of OWNER hereunder have lapsed;provided,however,that upon completion of a major portion of the public improvements required with respect to a given Phase of the development of the TERRITORY, the Security shall be promptly reduced in an amount proportional to the work then completed, as determined by the CITY. Notwithstanding the foregoing, the CITY shall be entitled to retain a portion(not to exceed fifteen [15%] percent) of the Security posted for a Phase as security for the OWNER'S performance of any warranty work required hereunder for such Phase, and to use said portion of the security to perform such warranty work for such Phase in the event that the OWNER fails to do so as set out in the terms of the current CITY Ordinance so long as said Ordinance is generally applied to all property within the CITY. Upon the expiration of the OWNER'S one(1)year warranty obligation hereunder per Phase,the CITY shall promptly release any remaining retained amounts under the relevant Security for such Phase. 5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND -9- Doc:58228/4 FUNDING MECHANISMS. A. The CITY represents andbut does not warrants to OWNER that the CITY'S potable water,fire flow and water storage facilities will have sufficient capacity to adequately serve the needs of the OWNER and occupants of the TERRITORY as developed pursuant to the terms of this Agreement. B. With the respect to sanitary sewer treatment capacity, the CITY shall work with OWNER to acquire adequate sanitary sewer treatment capacity for uses within the TERRITORY as developed pursuant to this Agreement. Additionally, the CITY shall also assist OWNER in providing adequate means of delivery of such sanitary sewer capacity to the TERRITORY,subj ect,however,to the requirements of the Yorkville Bristol Sanitary District which has jurisdiction or authority over such capacity. The CITY shall use its best efforts to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 5B arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the TERRITORY. C. If at the time OWNER proposes to develop any portion or Phase of the TERRITORY, either the Yorkville Bristol Sanitary District does not have sufficient capacity or facilities to handle the waste water treatment of that portion or Phase of the TERRITORY being developed or the CITY does not have adequate means of delivery of the aforementioned waste water to the treatment plant, it is agreed that the CITY shall: (i) not object to any plan proposed by -10- Doc:58228/4 OWNER to handle the waste water treatment requirements of that portion or Phase of the TERRITORY being developed, which plan may include, without limitation, a land application system or common septic to handle the aforementioned waste water treatment requirements;and/or (ii) support a Facilities Planning Area amendment to permit the Fox Metro Water Reclamation District to serve that portion or Phase of the TERRITORY then being developed or the balance of the TERRITORY that is not then presently served or can be served by the Yorkville Bristol Sanitory District. No individual septic systems shall be permitted in the residential portion of the subdivision. D. The CITY represents and warrants to OWNER that there is no administrative, judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party's right to use the sanitary sewer once the current on-going Yorkville- Bristol Sanitary District plant expansion is completed. E. The CITY represents and warrants to OWNER that OWNER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the TERRITORY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the TERRITORY;provided,however, subject to the terms of this Agreement, OWNER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing,the method for financing water and sanitary sewer extensions to the TERRITORY has not been determined, nor is being waived by the CITY and OWNER shall not object to such financing provided such financing does not result in any cost or expense to OWNER, other than customary connection fees not otherwise prohibited by this Agreement and that are -11- Doos822814 applicable on a city-wide basis. F. The CITY agrees that if requested by OWNER,the CITY shall cooperate with OWNER in the establishment of a funding mechanism (including, without limitation, sales tax rebates or creation of a Special Service Area or other private funding mechanism)for the purpose of financing all public improvements off—site[off site and on sitel to the TERRITORY or any part or parts or Phase or Phases thereof then owned by the requesting OWNER, including, without limitation,potable water, fire flow and/or water storage facilities,roads,storm water facilities(i.e., storm water sewers,collection and conveyance improvements, detention ponds if they benefit off- site properties), sanitary sewer facilities and other off-site public improvements. Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Tax Service Area,or(ii)to permit sales tax rebates, and(iii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by OWNER consistent with CITY policy as established by City Resolution#2002-04,which is attached hereto and incorporated herein by reference. The CITY also agrees to support and cooperate (including the use of the CITY'S powers of condemnation and/or eminent domain)with the OWNER to obtain access to U.S. Route 47 and/or Baseline, with applicable government agencies. G. A sanitary sewer interceptor("Improvement") shall be installed. operational and available for use within the TERRITORY to a point adjacent and contiguous to the southern boundary of the TERRITORY not later than June 1.2005. OWNER acknowledges and agrees to participate in the funding program for said Improvement and execute any and all documents and a?reements to accomplish the same as described herein. OWNER shall deposit with CITY, an -12- Doc:58228/4 amount to be agreed upon between the parties. to secure funds required for the surveying, geotechnical, engineering, bidding, construction management work for the Im)rovements. The amount of said deposit shall be based upon the OWNER"S proportionate share of PE usage as evenly distributed in relation to the entire Rob Roy Interceptor Service Area. City shall issue "Revenue Bonds"by January 1.5,2005 to obtain the funds needed to pay for material purchase and installation of the Improvements. which bonds shall be repaid with the YBSD Interceptor Participation Fee (IPF) and City of Yorkville Sanitary Sewer Connection Fees (Sanitary Sewer Fees). 6. EASEMENTS AND APPROVALS. OWNER shall obtain all easements,governmental approvals and permissions necessary or convenient for the construction of the offsite improvements necessary for development on the TERRITORY and the CITY agrees that, at OWNER'S request, the CITY shall exercise its power of eminent domain and/or condemnation in order to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by OWNER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of OWNER. The CITY shall not be obligated to incur any acquisition cost not approved by OWNER. OWNER shall convey to the CITY such reasonable on-site and off- site(which may require the use of the CITY of its condemnation or eminent domain powers) easements as may be necessary for the construction and existence of the public improvements required or contemplated under this Agreement. All easement agreements shall be prepared by the party responsible for obtaining the easement in question and approved by the CITY prior to execution by OWNER or the CITY, as appropriate. 7. CONNECTION TO CITY SERVICES,FEES AND ABSENCE OF SPECIAL SERVICE AREA OR SPECIAL ASSESSMENT DISTRICT FOR THE TERRITORY. A. OWNER,subject to the terms of this Agreement, shall install within the Phase being developed the necessary sewer and water extension mains to serve those portions or Phases of the TERRITORY then being developed in conformity with the final engineering plans approved by the CITY'S engineering staff and/or the Yorkville Bristol Sanitary District, as applicable. OWNER shall be responsible for paying to the CITY tap- -13- Doc:58228/4 on/connection fees pursuant to CITY Ordinance, and as amended from time to time; as is generally applicable throughout the CITY;provided,however,if the OWNER is using a land application system and/or common septic system to handle the sanitary sewer needs of the Phase,no tap-on/connection fees will be due or payable to the CITY unless and until there is a connection for that Phase to CITY sewer lines or pipes. B. The parties hereto agree that any water and sewer connection(which shall not be applicable if the OWNER is using a land application or common septic system that is not connected to CITY sewer lines or mains) fees due under the CITY'S ordinances as well as any other fees or charges incident to the connection to or use of CITY sewer and water mains shall be paid when building permits are issued for each individual building constructed on the TERRITORY except that said tap-on fees for model homes shall be paid at the time the actual connection is made for such model homes. If OWNER contributes to the construction of new water facilities or contributes to the construction of the expansion of existing water facilities that serve any portion or Phases of the TERRITORY and/or other property, the CITY agrees to waive any and all water connection fees applicable to the portion or Phase of the TERRITORY(or all thereof) served by the water facilities up to the amount(which will include interest at a reasonable rate as is determined by the CITY at the time of the request,accrued from the date such construction was completed) contributed by OWNER towards construction of the new water facilities or construction of the expansion of existing water facilities. Notwithstanding any other term or provision in this Agreement to the contrary,the foregoing waiver of connection fees shall only inure to the benefit of the OWNER that contributes to the aforesaid construction unless such OWNER specifically assigns its rights thereto in a written assignment and notifies the City of such assignment (which may be a partial assigmnent). C. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance, are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the Territory, the CITY will provide OWNER with notice thereof and OWNER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. OWNER's right to prepay will apply to all fees or only certain fees applicable to the TERRITORY as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the TERRITORY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNER may estimate the number of residential units and pay such fees based on such estimated number of units or may prepay for only a certain number(determined by OWNER) of units. Once the calculation is made,no refund of any portion of any prepayment made will be allowed. D. The CITY represents and warrants to OWNER that no part of the TERRITORY is currently subject to nor is there pending any request to subject any part of the -14- Doc 58228/4 14-Doe:58228/4 TERRITORY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the TERRITORY; other then charges to existing drainage districts of record; if any. 8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS. A. The CITY, once it has had the opportunity to: (i) inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications and current ordinances; and (ii) approve all such public improvements, all in accordance with Subsection 8B below, shall accept their dedication subject to OWNER's warranty, as described herein, and shall thereafter, at the CITY's sole cost and expense, operate, maintain, repair, and replace all such public improvements located therein. OWNER warrants that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one (1) year after acceptance thereof by the CITY, ordinary maintenance, wear and tear and damage by others excepted. B. Within thirty(30)calendar days after:(i)receipt of notice from OWNER that certain of the public improvements and facilities within a Phase of the TERRITORY under development have been completed, and(ii)delivery to the CITY of all required documentation,the CITY shall inspect said improvements and indicate,in writing,either its approval or disapproval of the same. If such improvements are not approved,the reasons therefor shall,within said thirty(30) calendar day period be set forth in a written notice delivered to OWNER. Said reasons shall relate to defects in labor and materials and the clearing of manholes and catch basins only and not to items in the nature of general and ordinary maintenance or changes in standards. Upon OWNER's corrections of the items set forth in said notice,the CITY, at OWNER's request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements in writing within ten (10) working days (subject to reasonable delays caused by Acts of God or force majuere) of receipt of OWNER's notice requesting said re-inspection. As public improvements are partially completed and paid for by OWNER, the Security deposited by OWNER with the CITY shall, if requested by OWNER, be proportionately reduced or released on an individual improvement-by- improvement basis. C. OWNER shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings,but it is understood that building permits may not be issued unless OWNER has provided adequate road access(i.e.,binder course of paved roads)to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All offsite and onsite improvements (except fmal lift of bituminous asphalt surface on roads and except sidewalks and/or landscaping if weather, labor strikes,plant closings or any other condition or circumstance beyond OWNER'S control prevents installation of such sidewalks and/or landscaping), serving any said lot or building shall be installed by OWNER and approved by the CITY,however, before an occupancy permit is issued for said lot or building,and the balance of the required onsite subdivision improvements not required to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each Phase progresses. D. All completed public improvements constructed on,or in connection with the development of, the TERRITORY or any Parcel or Phase thereof following their inspection and -15- Doc:58228/4 approval by the CITY shall be conveyed by a bill of sale to, and accepted by, the CITY on an improvement-by-improvement basis within thirty (30) days of receipt of written request for acceptance submitted to the CITY by the OWNER. The CITY'S acceptance of any conveyance of a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or development-by-development basis (i.e., acceptance of public improvements in a particular Phase or unit of development of the TERRITORY shall not be contingent upon acceptance of public improvements in another Phase or unit of development, provided the public improvements being accepted can function and perform their intended purpose independent of the public improvements in another Phase or unit of development, or if dependent on the public improvements in another Phase or unit of development,the public improvements on such other Phase or unit of development have been accepted by the CITY). E. The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the TERRITORY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed;(3)the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4)the TEPA and the sanitary district that will serve the TERRITORY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and(5)the construction complies with the CITY'S then existing soil erosion ordinances. OWNER shall indemnify the CITY against any claims,actions or losses the CITY may suffer,sustain or incur because another governmental agency Y takes action against the CITY after OWNER undertakes development activities pursuant to the provisions of this Subsection 8C. 9. SIGNAGE. The CITY agrees that during the term of this Agreement OWNER shall be entitled to display two (2) doublefaced signs along Route 47 and two (2)doublefaced signs along Baseline Road. Each face of each sign may equal,but shall not exceed,one hundred twenty(120)square feet. It is agreed that any sign located anywhere on the TERRITORY at any time during the term of this Agreement that serves as an information,direction and/or advertisement sign for any Phase, Parcel or part of the TERRITORY shall not be deemed offsite signage even if such sign is located on a portion of the TERRITORY other than the portion described or referred to in the sign. The CITY agrees that neither the terms and provisions of the CITY'S current sign ordinance nor any amendment thereto shall be allowed to restrict OWNER'S display of the foregoing described signs. 10. ELECTRIC, GAS,TELEPHONES AND CABLE TV. The installation of the necessary and appropriate onsite electric, natural gas, cable, television, and telephone services to the TERRITORY shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to -16- Doc:58228/4 cooperate with OWNER to permit the extension of all such utilities along existing public right-of- ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the TERRITORY or any Parcel or Phase thereof Upon OWNER's written request, the CITY will exercise its powers of eminent domain, at OWNER's expense, to obtain any necessary easements across privately owned property in order to permit road construction and/or the connection of water, sewer, storm sewer and utility lines to the existing or any extended terminus of such lines in order to permit the TERRITORY or any Parcel or Phase thereof to be served by such facilities. 11. INGRESS AND EGRESS. The CITY will cooperate with OWNER in obtaining all necessary governmental approvals including, without limitation, the approval of the Kendall County Department of Highways and/or the Illinois Department of Transportation("IDOT") for right-of-way connections to the TERRITORY or any Parcel or Phase thereof Subject to the terms of the Agreement,OWNER shall dedicate to the CITY all necessary onsite right-of-ways,and construct all onsite public right-of- way improvements for the TERRITORY and all roadways as shown on the Site Plan. CITY and OWNER acknowledge that access to Parcel 3, the B3 zoned property is essential to development of the TERRITORY and the CITY agrees, at the request of OWNER to use the CITY'S power of eminent domain to acquire access to Illinois Route 47 as shown on the Preliminary Plan. Owner agrees to reimburse the CITY of the cost and expenses incurred by the CITY if the CITY is requested and so uses its powers of eminent domain to acquire access to the TERRITORY to Illinois Route 47. Further, the CITY agrees that if the property located between the TERRITORY and Illinois Route 47 is ever annexed to the CITY the CITY shall require from the owners thereof donation of access points in favor of the TERRITORY that the location is reasonably acceptable to the OWNER 12. ANNEXATION, SCHOOL—/PARK LAND/CASH FEES, LIBRARY DEVELOPMENT FEES, AND RECAPTURE AGREEMENTS AND ROAD FUND. A. OWNER shall contribute to the Yorkville Community Unit School District 115 in accordance with the applicable CITY ordinances in effect at the date of recording each residential Final Plat as OWNER'S land/cash contribution requirements for the Yorkville Community Unit School District 115 and no land donation will be made to the Yorkville Community Unit School District 115. No land-cash fees shall be charged as to areas of the TERRITORY zoned B-3 pursuant to this Agreement. B. (i) Upon issuance of each residential dwelling unit building permit (whether single family, attached or detached) a school transition fee ("School Transition Fee")in the amount of$3,000.00 per individual dwelling unit shall be paid to Yorkville School District as a voluntary payment pursuant to this Agreement so long as said fee is generally applicable to all residential developments within the CITY as are approved by the CITY from the date of execution of this Agreement and forward, and provided such fee is not prohibited by any court order or statute. No portion of the TERRITORY shall be the subject of any increase in the School Transition Fee. -17- Doc 58228/4 (ii) CITY development fees shall be paid as per current CITY Ordinance provided such fees are applicable to all development in the CITY. OWNER shall receive a credit against any development fees for all monies paid or advanced to the CITY for FPA expansion and interceptor sewer fees, charges, cost or expenses. C. The CITY acknowledges that except as specifically set forth in this Agreement, no annexation fees or any other impact fees,transition fees,land/cash donations, contributions,capital development donations or exactions of any kind are required in connection with the annexation and/or development of the TERRITORY or any Parcel or Phase thereof. Further,the CITY is not aware of recapture agreements between the CITY and any party that affect the TERRITORY. D. OWNER shall provide a contribution of land and cash-in-lieu of land to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, as depicted on the Preliminary Plan is 10.447 acres. OWNER shall cause fee title to not less than 5.420 acres of land(the Park Parcel)at the site depicted on the Preliminary Plan to be conveyed to the CITY, in partial satisfaction of the Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution not to exceed 8369.484.50 in accordance with CITY ordinances at the time that building permits are issued by the CITY for residential units,and in the amount attributable to number of residential units for which said building permits are then issued. The Park Site shall be maintained by the OWNER until such time as it is conveyed to the CITY. The Park site shall be conveyed to the City within 18 months of City Council approval of the final subdivision plat containing said park parcel or upon demand by the CITY. Prior to conveyance of each park parcel.OWNER shall, at it expense, grade. seed and prepare the park parcel in conformity with the Final Engineering and Park Development Standards in such manner and at such time as required by applicable ordinances of the CITY. E. CITY shall be entitled to collect at the time each building permit is issued for a residential unit to be built in the TERRITORY. a road improvement fee of 82,000.00 ("RI Fee") which the CITY shall use for perimeter(of the TERRITORY) roadway improvements :provided. however. the 52.000.00 fee shall be reduced by the amount expended by OWNER for roadway improvements to Baseline Road and/or U.S. Route 47. The term "roadway improvements" shall include, without limitation, all costs and expenses to engineer and install roads. shoulders, curbs, gutters. sidewalks. intersection improvements,traffic signals and signs as well as land acquisition costs.OWNER shall periodically notify CITY in writing ofthe total costs and expenses for roadway improvements expended to date. In the event OWNER has paid RI Fees and the total costs and expenses for the roadway improvements exceeds all or any portion of the RI Fees paid to date,the CITY shall refund to the party that paid same the amount by which the costs and expenses exceed the RI Fees paid to date up to a maximum reimbursement of the total RI Fees paid. 13. PROFESSIONAL FEES. OWNER shall promptly pay all outside (excludes employees of the CITY) -18- Doc:58228/4 professional fees (without markup by the CITY) incurred by the CITY through the date the TERRITORY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, including professional fees for engineering and legal services,upon receipt of an invoice therefor from the CITY. All such fees shall be billed at fair and reasonable rates. 14. CITY ORDINANCES AND CODES. The CITY and OWNER acknowledge and agree that,except as otherwise specifically stated in this Agreement (including, without limitation Section 2 hereof), all CITY ordinances, codes, regulations and resolutions, as amended from time to time, shall apply to the development of the TERRITORY as contemplated under this Agreement. Notwithstanding any of the terms or provisions in this Agreement, however, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement without OWNER'S consent so as to: (i) affect the zoning classification of the TERRITORY or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including, but not limited to, setback, yard, height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in Section 2 of this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the TERRITORY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions of Section 2 hereof or other terms and provisions of this Agreement, OWNER shall comply in all respects with the conditions and requirements of all ordinances of the CITY applicable to the TERRITORY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the date of this Agreement, provided, however, notwithstanding any other provision of this Agreement, including the provisions of Section 2 hereof, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands,then OWNER, at its election, shall be entitled to application of such less restrictive ordinances,regulations and/or codes to the TERRITORY and any Parcel or Phase thereof. OWNER and all developers of the TERRITORY or any Parcel or Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s)to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement as long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the TERRITORY or any Parcel or Phase thereof In the event of any conflict between the provisions of this Agreement and the exhibits thereto, and the ordinances,codes,regulations and resolutions of the CITY,the provisions of this Agreement and the exhibits hereto shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 15. BUILDING PERMITS AND RELATED INSPECTIONS. A. The CITY shall act upon each application for a building permit for which OWNER, or its duly authorized representative, shall apply, within fourteen fifteen (145) calendarbusiness days of the date of application therefor or within fourteen fifteen (14 ) calendarbusiness days of -19- Doc 58228/4 19-Doc:58228/4 receipt of the last of the documents and information required to support such application,whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the approved final plat and approved final engineering for the development of the Phase of the TERRITORY. If the application is disapproved,the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. B. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNER, and its duly authorized representative, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures,and model buildings constructed on the TERRITORY or any Parcel or Phase thereof,provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNER' sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY unless the same are lawful and being collected by the CITY from owners,users and developers of similarly situated and zoned property within the CITY limits as of the date of the imposition of such fees. 16. RECAPTURE AND BENEFITTED PROPERTIES. If: (a) sewer and/or water lines installed in any Phase of the TERRITORY by OWNER are sized to a capacity to serve properties other than OWNER'S; (b)the construction and installation of any water and/or sewer connections and extensions will benefit any property lying outside the applicable Phase of the TERRITORY; (c)in order to improve the TERRITORY or any portion thereof, OWNER is required to expend funds to construct or enlarge the wastewater facilities, water facilities and/or storm water facilities (i.e., storm water sewers, collection and conveyance improvements, and detention ponds) which facilities will benefit any property lying outside of the applicable Phase and which is not owned by OWNER installing same,(the foregoing (a), (b) and (c) are hereinafter collectively referred to in this Section 16 as "capacity"); or (d) any of the road improvements will benefit any property lying outside of the Phase of TERRITORY in which the road improvements are installed; the costs and expenses of any capacity above and beyond the capacity needed by OWNER and the cost and expense of the road improvements relative to that portion of the road improvements that will benefit the other property lying outside the Phase in which the road improvements are installed shall be subject to recapture if connection thereto is made by any other party. The CITY agrees, pursuant to Chapter 65, Sections 5/9-5-1 of Illinois Compiled Statutes (2002), and the terms and provisions of a boundary agreement between Kane County, Illinois and the CITY if such provisions are applicable, to execute a recapture agreement contract with OWNER by which the CITY agrees to reimburse OWNER from amounts collected from benefitted property owners for that portion of the cost of such capacity and/or road improvements which will benefit other properties and to hold hearings on such contract as are required by statute. The recapture agreement shall provide for reimbursement from such other parties connecting to such capacity and/or benefitting from such road improvements on a prorata -20- Doc 58228/4 basis. Each person using such capacity and/or benefitting from such road improvements shall pay to OWNER the cost for that portion used and/or that will benefit such other owners together with interest at a reasonable rate as determined at the time a recapture agreement is sought on such portion with such interest to accrue commencing on the date of acceptance by the applicable governmental authority of such capacity and/or road improvements and continuing until OWNER has been repaid for such portion. Any recapture agreement shall include customary provisions for the repayment to OWNER of all costs and expenses, including, without limitation, administration fees and approved reasonable interest rate thereon of constructing and installing such capacity and/or road improvements. The CITY agrees to hold all public hearings necessary to bind the other parties using the capacity and/or benefitting from the road improvements to the recapture agreement benefitting OWNER. Both the area benefitted by the capacity and/or road improvements and the amount of said benefit for each property shall be determined by the CITY. Such recapture agreement contract shall be for a term of twenty(20)years and shall also provide that the CITY shall collect such costs of the capacity used by other owners and/or the costs of road improvements, together with all costs, expenses, interest and administrative fees charged to the owner of such property outside the Phase or portion of the TERRITORY (which may include the entire TERRITORY)upon which the capacity or road improvements have been installed upon the first to occur of the time of platting, development or issuance of a building permit for such owners' properties or the connection to and use of the said capacity and/or road improvements by the respective properties of each owner. The CITY agrees not to issue building permits to a benefitted owner of property until such property's recapture amount and interest have been paid in full. The CITY shall have no liability under the recapture agreement contract except for amounts collected from benefitted property owners or if the CITY issues building permits without obtaining collected funds from such property owners for their recapture amounts due under the recapture agreement contract. 17. CERTIFICATES OF OCCUPANCY AND MODELS. A. The CITY shall not be obligated to issue a certificate of occupancy for any building constructed within the TERRITORY until the entire building for which a certificate of occupancy is being sought is connected to and capable of being served by sanitary sewers (which may include connection to sewer facilities described in Section 5 C of this Agreement), storm sewers,water mains, public streets, natural gas lines, and electric utilities, and is in conformance with the CITY'S Building Codes. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the TERRITORY or any Parcel or Phase thereof within ten (10) working days after proper application therefor or within ten (10) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved,the CITY shall provide the applicant within five(5)working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancyupon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the -21- Doc:58228/4 CITY is able to fulfill its obligations under this Subsection 17A. The foregoing,however, shall not negate the obligation of OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer,the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last Phase of development on the TERRITORY,for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions,adequate security, which may be by a bulk surety in the fonu of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable Phase of the TERRITORY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of(i) above apply but if the party that failed to complete the drive way and or side walk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110%) of the amount estimated by OWNER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates ofoccupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to have installed street lights within a given Phase of development on the TERRITORY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the TERRITORY. B. The CITY agrees to allow OWNER to construct and use a model unit for each type of housing product being constructed in the particular development Phase after a final plat of subdivision for a Phase has been approved and recorded for all or any portion of the TERRITORY. OWNER and each builder or developer to whom OWNER sells a portion of the TERRITORY shall be permitted to apply for and shall receive one (1) temporary certificate of occupancy for each different type or design of model building which they may respectively construct within the TERRITORY,provided, however,that no such temporary certificate of occupancy shall be issued unless the model building at issue otherwise complies with the CITY'S building codes and related codes,and,in the reasonable opinion of the CITY building department,is suitable for nonresidential occupancy. The CITY agrees to permit in the model home area temporary fencing, lighting, signage, parking lots and promotional structures. Each developer shall submit to the CITY for its approval plans and specifications for the model homes that the developer seeks to construct within a model home site. The CITY shall review and approve or disapprove,by written notice,those plans and specifications within thirty(30) days of their submission. Failure to provide such notice shall be conclusively deemed approval of such plans and specifications. Once those plans and specifications have been approved by the CITY, the CITY shall issue building permits for the construction of such model homes. Said model dwelling homes need not be connected to sewer -22- Doc 58228/4 22-Doc:58228/4 (which includes a land application or common septic system) and water until they are occupied as residences, as long as temporary sanitary facilities (i.e., septic fields or holding tanks) are made available at the builders' cost, to serve said model dwelling units. If the model homes otherwise comply with the building codes and requirements existing as of the time such homes are constructed (which codes and requirements may be current codes and requirements as specified in this Agreement), any more restrictive changes in such codes enacted prior to the time a request for issuance of final certificates of occupancy is submitted to the CITY shall not be applicable to such model homes. Before model homes are occupied as residences, they shall be connected to sewer and water facilities and all other utility services offered to homes in the Phase of development of the TERRITORY that contains such model homes. The CITY also agrees to allow OWNER to construct and use a temporary sales office and a construction trailer per development Phase. The temporary sales trailer shall be removed at such time as the model units being served by said temporary sales office are available for residential use. The aforesaid temporary use permits shall be issued upon the CITY'S approval of each final plat of subdivision for each Phase of Parcel 1. 18. DISPLAY PURPOSES. The CITY agrees to allow OWNER to open for display purposes the model units prior to connection to sanitary sewer and water subject to OWNER obtaining approval of the CITY for temporary water and sanitary sewer services or alternate means of satisfying said lack of available utilities at the model home area being developed. 19. TEMPORARY PARKING. The CITY agrees to allow OWNER to construct temporary parking facilities (with binder course asphalt)or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the TERRITORY upon which the model units and sales offices are to be located subject to the approval of the CITY and compliance with the CITY'S building codes. 20. FEMA LETTERS OF MAP REVISION. The CITY shall cooperate with OWNER in securing conditional and final letters of map revision from the Federal Emergency Management Agency so that the limits of floodplain existing on the TERRITORY,if any,are accurately delineated. The CITY acknowledges and agrees that the issuance of such letters shall not be a condition precedent to the commencement of grading, construction or development activities on the TERRITORY and OWNER shall have the right to proceed with such activities, at their risk,prior to the issuance of such letters provided: (i)no work is undertaken in the regulatory floodway; (ii) the party seeking to undertake such work first establishes, to the satisfaction of the CITY, the boundaries of the floodplain on the portion of the TERRITORY upon which said work is to be undertaken; (iii) the party undertaking such work provides one hundred percent(100%)compensatory storage for any portion ofthe floodplain it fills; (iv)no dwelling unit lot situated in the floodplain that is awaiting issuance of a letter of map revision is conveyed to any third party purchaser until such letter of map revision is issued by FEMA; and (v)the party seeking to undertake the work issues a hold harmless indemnification letter to the CITY in a format acceptable to the CITY. If FEMA or another governmental agency other than the City or its divisions issues a stop work order on a portion of the TERRITORY that is awaiting issuance of a letter of map revision, the CITY shall not be deemed in default under the provisions of this -23- Doc 58228/4 Agreement and the party seeking to undertake work on such portion of the TERRITORY shall stop such work until such stop work order is rescinded or declared invalid. Such party shall not be required to stop work on portions of the TERRITORY that are not within the floodplain, notwithstanding the issuance of such stop work order. {PAY SHARE OF COSTS OF FLOOD STUDY DONE BY EEI} 21. TRANSFER. It is specifically understood and agreed that OWNER and its successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the TERRITORY or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership,operation,investment,building,financing,developing,construction and all such purposes,and that said persons,trusts,partnerships,firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER has under this Agreement,and upon such transfer, such obligations relating to that part of the TERRITORY sold, transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any security posted by OWNER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the TERRITORY, Phase or Parcel so sold, transferred or assigned.Without limiting the foregoing provisions of this Section 21 ,the indemnity, defense and hold harmless provisions of Subsections 8E and Section 20 shall be the obligation of the specific owner and/or owners of that portion of the TERRITORY upon which such work and/or utility installation is occurring. 22. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY, including, but not limited to those required from the Illinois Enviromnental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary district,the County of Kendall and all other governmental units in connection with the contemplated development of the TERRITORY or any Phase thereof. 23. GOVERNING LAW; ENFORCEMENT; REMEDIES. A. The laws of the State of Illinois shall govern the validity, performance and enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure the specific performance of this Agreement,or to secure any and all other remedies available at law or in equity in connection with the covenants, agreements, conditions, and obligations contained herein. B. In the event of a material breach of this Agreement,the parties agree that the defaulting party shall have thirty(30) days after notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however: (i) any breach by OWNER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or thirty(30) day delay; and(ii) if the -24- Doc 58228/4 24-Doc:58228/4 cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty(30) days,the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. C. In the event the performance of any covenant to be performed hereunder by either OWNER or the CITY is delayed for causes which are beyond the reasonable control of the party responsible for such perfonnance (which causes shall include, but not be limited to, acts of God;inclement weather conditions;strikes;material shortages;lockouts;the revocation,suspension, or inability to secure any necessary governmental permit,other than a CITY license or permit; and any similar case), the time for such performance shall be extended by the amount of time of such delay. D. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them,upon any other party imposed,shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such tenn, covenant, agreement,or condition,but the same shall continue in full force and effect. 24. INTEGRATION AND AMENDMENT. A. This Agreement supersedes all prior agreements and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof, and there are no promises, agreements,conditions,or understandings, either oral or written, expressed or implied,between or among them, other than as are herein set forth. B. Except as herein otherwise provided,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them or their successor in interest or their assigns. 25. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of,and be valid and binding upon,OWNER and the CITY, their respective successors and assigns, and all builders and developers of any portion, Phase or Parcel of the TERRITORY,and is further intended to be binding upon and inure to the benefit of each successive lot owner of the various lots of record created by the approval and recording of final plats. It is agreed that the term "OWNER" shall be deemed to include any successor or assign of the current OWNER and any subsequent OWNER. 26. SEVERABILITY. Should any provision of this Agreement,or application thereof to any party or circumstance, be held invalid and such invalidity does not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision,then all remaining provisions shall remain in full force and effect. 27. TIME. Time is of the essence of this Agreement, the terms hereof and all documents, agreements and contracts pursuant hereto. 28. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty (20) years from -25- Doc 58228/4 passage by City Council. 29. NOTICE. All notices,elections,and other communications between the parties hereto shall be in writing and shall be mailed or delivered personally or by overnight courier or messenger service (i.e., Federal Express, UPS, etc.) or by facsimile transmission to the parties at the following addresses, or at such other address as the parties may,by notice,designate: If to the CITY: Anton Graff City Administrator City of Yorkville 800 Game Farm Rd. Yorkville, Illinois 60560 Fax No. (630) 553-7575 With a copy to: Daniel J. Kramer, Esquire 1107A South Bridge Street Yorkville, Ill. 60560 Fax No. (630) 553-5764 If to OWNER: IRED Baseline, L.L.C., an Illinois limited liability company Attn: Matthew Fiascone 2901 Butterfield Road Oak Brook, Illinois 60523 Fax No. (630) 954-5673 With a copy to: H. Dan Bauer Esquire Vice President and Senior Counsel The Inland Real Estate Group, Inc. 2901 Butterfield Road Oak Brook, Illinois 60523 Fax No. (630) 218-4900 Notices shall be deemed received on the day of delivery if personally delivered,the day after deposit with an overnight courier or messenger service and on the day of facsimile transmission provided such transmission is completed by 5:00 p.m.and if not completed by 5:00 p.m.,then such notice will be deemed received on the next succeeding business day. Notice to a party's attorney will be -26- Doc 58228/4 deemed notice to such party and notice from a party's attorney will be deemed notice from such party. 30. CURRENT USES AND APPLICATION OF CITY TAXES. It is understood and agreed between the parties hereto that the TERRITORY and each Phase and Parcel may continue to be used and occupied(without any change or alteration) for the current uses of the existing OWNER of the TERRITORY and/or as are permitted in the zoning classifications set forth in Section 2 hereof. All current uses of the TERRITORY that are not permitted under the zoning classifications specified in Section 2 hereof shall be considered legal, nonconforming uses. It is further agreed by the CITY that the CITY will rebate the CITY portion of real estate taxes to the TERRITORY until the first to occur of the approval of a Final Plat of subdivision for the TERRITORY or any Parcel or Phase thereof or five(5)years after the date the annexation ordinance for the TERRITORY is recorded with the Kendall County Recorder's Office. 31. SUBSEQUENT AMENDMENTS. It is understood and agreed that all subsequent amendments of this Agreement,plats of subdivision/PUD or any development of the TERRITORY may be obtained for all or any Phase of the TERRITORY without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the TERRITORY not included in the aforedescribed actions. Any subsequent zoning, building, development or platting requests may be processed by the CITY without requiring an amendment of this Agreement or the consent or signature of any other OWNER -27- Doc:58228/4 hereunder or any transferee of OWNER of any portion or Phase of the TERRITORY not included in the aforedescribed actions. 32. COVENANTS RUNNING WITH THE LAND. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office,and is enforceable by order of court pursuant to its provisions and the applicable Statutes of the State of Illinois. 33. FUTURE APPROVALS AND COOPERATION. To the extent that OWNER requires future approvals from the CITY or its staff in connection with the development of the TERRITORY or any Phase or Parcel thereof,the CITY shall not unreasonably withhold or delay such approval, nor require a public hearing in connection therewith, except as may be specifically required by applicable Illinois law or CITY current ordinances.OWNER and the CITY shall cooperate with one another on an ongoing basis and make every reasonable effort (including, with respect to the CITY, the calling of special meetings, the holding of additional public hearings and the adoption of such ordinances as may be necessary) to further the implementation of the provisions of this Agreement and the intention of the parties as reflected by the provisions of this Agreement. The foregoing obligation on the part of the CITY shall extend to assisting OWNER in the procurement of offsite easements and rights of access for purposes of constructing the necessary utility and roadway improvements and such assistance shall include the CITY'S exercise of its power of eminent domain. -28- Doc:58228/4 34. POSTANNEXATION CITY ACTIONS. Following the annexation of the TERRITORY to the CITY and its zoning as set forth herein, the Corporate Authorities shall: (i)record with the Kendall County Recorder's Office and file with the Kendall County Clerk's Office the annexation plat and ordinance, record with the Kendall County Recorder's Office the zoning ordinances enacted by the CITY for the TERRITORY, if required by State Statute, and shall give notice of such annexation to the applicable election authorities and to the post office branches serving the TERRITORY,as required by Section 7/11 (7/1.1)of the Illinois Municipal Code,as amended;(ii)use its best efforts to establish in conjunction with the U.S.Postal Service a Yorkville mailing address for all portions of the TERRITORY or otherwise take all actions to insure that all future owners and occupants of dwelling units constructed on the TERRITORY have a Yorkville mailing address; and (iii) within one (1) year of the effective date of this Agreement,amend and update its Comprehensive Plan to reflect the zoning,use and development of the TERRITORY as contemplated by the provisions of this Agreement. 35. CURRENT. The term"current" shall refer to those codes and ordinances in existence as of date that this Agreement is executed by the CITY. The CITY agrees to execute this Agreement within fifteen(15) business days after the CITY Council votes to accept the terms and provisions of this Agreement. 36. TERMINATION OF AGREEMENT DUE TO FAILURE OF CONTIGUITY. If the TERRITORY does not become contiguous to the CITY within five (5)years from the date of this AGREEMENT, the OWNER shall be entitled to terminate the terms and -29- Doc 58228/4 provisions of this AGREEMENT by notifying CITY in writing of such termination and unless the TERRITORY becomes contiguous to the municipal limits of the CITY within 30 days after receipt of such notice by the CITY,this AGREEMENT shall become null and void and of no further force and effect relative to the TERRITORY. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, IRED BASELINE, L.L.C, an Illinois limited a municipal corporation liability company By: By: Its: Mayor Its: Attest: Attest: By: By: Its: City Clerk Its: STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that and , personally known to me to be PRESIDENT and CITY CLERK,respectively,of the CITY OF YORKVILLE and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and City Clerk of said City appeared before -30- Doc:58228/4 me this day in person and acknowledged that they signed and delivered the said instrument pursuant to the authority given by the President of said City as their free and voluntary act,and as the free and voluntary act and deed of said City, for the uses and purposed therein set forth. GIVEN under my hand and notarial seal this day of , 2002. Notary Public My commission expires: STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I,the undersigned,a Notary Public,in and for the county and state aforesaid,DO HEREBY CERTIFY that Matthew G.Fiascone,personally known tome to be the President of IRED Baseline, L.L.C.,an Illinois limited liability company, and Anthony A. Casaccio,personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument, pursuant to the authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of ,2003. Notary Public My commission expires: -31- Doc:58228/4 EXHIBIT "A" Legal Description -32- Doc:58228/4 EXHIBIT "B" Plat of Annexation -33- Doc:58228/4 EXHIBIT "C" Site Plan -34- Doc:58228/4 EXHIBIT "D" Parcel 1 to be zoned R-2 -35- Doc:58228/4 EXHIBIT "E" Parcel 2 to be zoned R-3 -36- Doc:58228/4 EXHIBIT"F" Parcel 3 to be zoned B-3 -37- Doc:58228/4 EXHIBIT "G" Preliminary Plan -38- Doc:58228/4 EXHIBIT "H" Current City Zoning Ordinance -39- Doc:58228/4 EXHIBIT "I" Current City Subdivision Control Ordinance -40- Doc 58228/4 07/07/2004 14 :51 FAX 630 553 5764 DANIEL J. KRAMER 003/016 • Revised 11-10-03 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF YORKVILLE HILL LANDSCAPING This Annexation and Planned Unit Development Agreement(hereinafter"Agreement"), is made and entered into this day of , 2003,by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY"and NEW YORKVILLE HILL LANDSCAPING, hereinafter referred to as"OWNER/DEVELOPER". WITNESSETH WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately 5.07 acres,more or less(hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached hereto and incorporated herein as Exhibit"B"; and WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximately 5.07 acres,more or less; and WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, the CITY and OWNER/DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the B-3 Service Business Zoning Use shall be exclusively for a landscaping business and providing for storage of nursery stock, landscaping materials and equipment and retail showroom. WHEREAS, it is the desire of CITY and OWNER/DEVELOPER to annex PROPERTY and provide for the orderly development of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Planned Unit Development —1— 07/07/2004 14:51 FAX 630 553 5764 DANIEL J. KRAMER Z010/018 Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to a B-3 Service Business Zoning Use said parcel; and WHEREAS, it is the desire of the CITY and OWNER/DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS,OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a storm water management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS,the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to this Agreement all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER/DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an B-3 Service Business Zoning Use as set forth in the attached hereto and incorporated herein as Exhibit "B'; and WHEREAS,the OWNER/DEVELOPER agrees to abide by the landscaping provisions of which are attached hereto and incorporated by reference as Exhibit "C"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the rezoning of the PROPERTY; and NOW,THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: —2— 07/07/2004 14 51 FAX 630 553 5764 DANIEL J. KRAMER fJ011/018 A. That the subject real property described in the attached Exhibit"A" shall be annexed to the CITY and that the development of said property shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee, Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee Ordinance, payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement. That OWNER/DEVELOPER shall permit the CITY Building and Zoning Department to inspect the PROPERTY to determine the improvements to be completed. B. OWNER/DEVELOPER, except to the extent varied by this Agreement the Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement. No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks,performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers, however,will be bound by changes in building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory mariner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction from the standard as of the date of this Agreement,the City will allow the OWNER/DEVELOPER to comply with reduced standard. C. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following,in which case this Agreement shall control. Roadway right-of-ways,widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Site Plan. D. Sanitary Sewer Facilities. 1. The OWNER/DEVELOPER shall cause the Subject Property, to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol"or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol should said service be extended within a distance specified by Ordinance to the PROPERTY. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY —3— 07/07/2004 14:51 FAX 830 553 5764 DANIEL J KRAMER 0)012/018 • shall fully cooperate with OWNER/DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including,without limitation, the Illinois Environmental Protection Act,permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18)inches or greater in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense,be responsible for the ongoing care, maintenance,replacement and renewal of said Large Lines,and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines")shall be conveyed to the CITY and the CITY shall take ownership of and,at its expense,be responsible for the ongoing care, maintenance,replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. 2. In the event the CITY requires O'WNER/DEVELOPER to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY,or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing. 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat,Preliminary and Final Engineering Plans approved by the City Engineer. 4. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to the City Subdivision Control Ordinance. After the installation of improvements by OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the subject subdivision Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. —4— 07/07/2004 14 :52 FAX 830 553 5764 DANIEL J KRAMER f j013/018 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts,including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Kendall Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of OWNER/DEVELOPER. E. The Planned Unit Development being approved,as part of this Agreement shall be constructed in substantial conformance with the Site Plan attached hereto and incorporated herein as Exhibit"B". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council,or upon City Engineer's approval as to technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape, Preliminary and Final Engineering and Final Site Plan to provide the buffering and screening agreed to as set out in the Preliminary Site Plan for the Subject Property and Exhibit"C". Prior to approval of the Final Site Plan, OWNER/DEVELOPER agrees to obtain an estimate cost of the landscape improvements referenced to in Exhibit"C"and agrees to post a letter of credit or bond with the CITY for the amount of said landscape improvements. CITY agrees to reduce and/or release the letter of credit or bond for the landscaping improvements in accordance with the policies in place at the time of execution of this Agreement. The OWNER/DEVELOPER agrees that prior to the issuance of any building permit the site will conform to the CITY Landscaping Ordinance. F. Approval of Final Plat and Final Engineering, Upon the submittal by DEVELOPER to the CITY of a Final Site Plan("Final Site Plan"), final landscape plan("Final Landscape Plan")and final engineering plans ("Final Engineering") for the Development,which substantially conform with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plan so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any terms of this Agreement,Final Landscape Plan and Final Engineering in compliance with applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (i)the posting of the applicable Security Instruments, as defined in Paragraph T of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and(iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the"Final Plans". G. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including,without limitation those pertaining to subdivision controls,zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of —5— 07/07/2004 14.52 FAX 530 553 5764 DANIEL J. KRAMER 1014/016 this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City. Any Agreements,repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five(5)year period. After said five(5)year period,the Subject Property and its development will be subject to all ordinances,regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided, however,that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding,in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority,such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER,provided,however,that any so called "grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. II. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof in compliance with the requirements of said ordinance,and shall adopt the resolution accepting said public improvements not later than thirty(30)days following the approval of the as built plans. G. GENERAL PROVISIONS. Enforcement, This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. Successors and Assigns, This Agreement shall inure to the benefit of and be binding upon the OWNER/DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER/DEVELOPER and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER —6— 07/07/2004 14 :52 FAX 630 553 5784 DANIEL J. KRAMER a 015/018 hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees,have been reached through a process of good faith negotiation,both by principals and through counsel, and' represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. Notices. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid,addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Rd. Yorkville, IL 60560 With a Copy to: United City of Yorkville's Attorney Law Offices of Daniel J. Kramer 1107A_ S. Bridge St. Yorkville, IL 60560 If to the OWNER/ Yorkville Hill Landscaping DEVELOPER: 8591 Route 126 Yorkville,IL 60560 With a Copy to: Attorney John McAdams 624 W.Veterans Parkway Suite D Yorkville,IL 60560 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes(2002). In the event any part or portion of this Agreement,or any provision, clause,word, or —7— 07/07/2004 14 52 FAX 630 553 5764 DANIEL J KRAMER f)016/016 designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and Illinois Compiled Statutes, This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto,without the consent of the owner of other portions of the Subject Property not affected by such Agreement, Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER to sell or convey all or any portion of the Subject Property,whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement, Term of Agreement, The term of this Agreement shall be for five (5)years. In the event construction is commenced within said five year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNER. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at the expense of OWNER/DEVELOPER. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. —8— 07/07/2004 14: 52 FAX 630 553 5764 DANIEL J, KRAMER Z017/018 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol Sanitary District. (Please include language stating that the City has adequate water sources/availability to serve the Development) Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CTTY, the OWNER/DEVELOPER, including,but not limited to,county, state or federal regulatory bodies. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of, 2003. UNITED CITY OF YORKVILLE, Kendall County, Illinois By: MAYOR Attest: CITY CLERK —9— 07/07/2004 14: 52 FAX 630 553 5764 DANIEL J. KRAMER 018/018 OWNER/DEVELOPER: YORKVILLE .! L LANDSCAPING Attest: Lde,d.t ,i/. ;r Dated, -07- G -10- 07/07/2004 14:51 FAX 630 553 5764 DANIEL J. KRAMER 1006/018 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF YORKVILLE HILL LANDSCAPING WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to the annexation and development of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15,1-1 (2002),as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. 1 07/07/2004 14.51 FAX 630 553 5764 DANIEL J. KRAMER 1007/016 NOW THEREFORE, BE TT ORDAINED BY THE MAYOR AND CITY COUNCII,OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2:That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of ,A.D. 20 . MAYOR 2 07/07/2004 14 51 FAX 630 553 5764 DANIEL J. KRAMER 008/018 PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of ,A.D. 20 . Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 07/07/2004 14 50 FAX G30 553 5754 DANIEL J. KRAMER 1002/018 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- ORDINANCE ANNEXING PROPERTIES OF YORKVILLE HILL LANDSCAPING TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS,YORKVILLE HILL LANDSCAPING,as record owner in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE,have heretofore submitted a Petition for Annexation of said property; and WHEREAS, the development and annexation of said land have been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS, the Petitioner is the Owner of Record of said property and no other electors reside thereon; and l 07/07/2004 14 50 FAX 630 553 5764 DANIEL J. KRAMER al 003/018 WHEREAS, said property is not within any other municipality; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 IL.CS 5/11- 15.1-1 et. seq(2002). WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any municipality; and WHEREAS,the statutes provide that upon affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE,Kendall County, Illinois. BE IT ORDAINED by the City Council of THE UNTIED CITY OF YORKVILLE,Kendall County,Illinois: Section 1: That the property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE,Kendall County, Illinois: See Attached Legal Description (Exhibit"A") Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby,extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be,and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified copy of this Ordinance, together with an accurate map of the territory annexed,which map shall be certified as to its correctness. 2 07/07/2004 14 50 FAX 630 553 5764 DANIEL J. KRAMER f j004/018 Section 4: That the property described in Exhibit "B" is hereby annexed and zoned as follows: B-3 Service Business District. Section 5: That all Ordinances or portion of Ordinances in conflict herewith be,and they are hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall County,Illinois, as herein provided,this day of ,2004. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 20 MAYOR 3 07/07/2004 14 :51 FAX 630 553 5764 DANIEL J. KRAMER 01005/016 PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of ,A.D.20 . Attest: CITY CLERK Prepared by: Law Offices of Daniel J.Kramer 1107A S. Bridge St. Yorkville,IL 60560 630.553.9500 4 ORDINANCE NUMBER 2004- AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying a part of the cost of making street and road improvements within the City, and authorizing and providing for the issue of $650,000 Debt Certificates, Series 2004C, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. Adopted by the City Council of Said City on the 13th day of July, 2004 1699745.01.03 2120988•RG•6/8/04 ORDINANCE NUMBER 2004- AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying a part of the cost of making street and road improvements within the City, and authorizing and providing for the issue of $650,000 Debt Certificates, Series 2004C, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. PREAMBLES WHEREAS A. The United City of Yorkville, Kendall County, Illinois (the "City"), is a municipality and unit of local government of the State of Illinois (the "State") operating, inter alia, under and pursuant to the following laws: 1. the Illinois Municipal Code; 2. the Local Government Debt Reform Act of the State of Illinois (the "Debt Reform Act"), and in particular, the provisions of Section 17 of the Debt Refoiiu Act (the "Installment Purchase Provisions of the Debt Reform Act"); and 3. all other Omnibus Bond Acts of the State; in each case, as supplemented and amended (collectively, "Applicable Law"). B. The City Council (the "Corporate Authorities") have considered the needs of the City and, in so doing, the Corporate Authorities have deemed and do now deem it advisable, necessary, and for the best interests of the City in order to promote and protect the public health, welfare, safety, and convenience of the residents of the City to acquire and construct street and road improvements, including, in connection with said works, acquisition of all land or rights in land, mechanical, electrical, and other services necessary, useful, or advisable thereto (the "Project"), all as shown on preliminary plans and cost estimates as prepared by thereon by the execution thereof and is filed with and executed by the nominee lessor or seller, the lease or agreement shall be sufficiently executed so as to permit the governmental unit to issue certificates evidencing the indebtedness incurred under the lease or agreement. The certificates shall be valid whether or not an appropriation with respect thereto is included in any annual or supplemental budget adopted by the governmental unit. From time to time, as the governing body executes contracts for the purpose of acquiring and constructing the services or real or personal property that is a part of the subject of the lease or agreement, including financial, legal, architectural, and engineering services related to the lease or agreement, the governing body shall order the contracts filed with its nominee officer, and that officer shall identify the contracts to the lease or agreement; that identification shall permit the payment of the contract from the proceeds of the certificates; and the nominee officer shall duly apply or cause to be applied proceeds of the certificates to the payment of the contracts. The governing body of each governmental unit may sell, lease, convey, and reacquire either real or personal property, or any interest in real or personal property,upon any terms and conditions and in any manner, as the governing body shall determine, if the governmental unit will lease, acquire by purchase agreement, or otherwise reacquire the property, as authorized by this subsection or any other applicable law. All indebtedness incurred under this subsection, when aggregated with the existing indebtedness of the governmental unit, may not exceed the debt limits provided by applicable law. F. The Corporate Authorities find that it is desirable and in the best interests of the City to avail of the provisions of the Installment Purchase Provisions of the Debt Reform Act, as quoted, as follows: 1. To authorize an Installment Purchase Agreement (the "Agreement") more particularly as described and provided below in the text of this Ordinance; 2. To name as counter-party to the Agreement the City Treasurer (the "Treasurer"), as nominee-seller; 3. To authorize the Mayor of the City (the "Mayor") and the City Clerk (the "Clerk") to execute and attest, respectively, the Agreement on behalf of the City and to -3- Treasurer B. The following words and terms are defined as set forth. "Agreement" means the Installment Purchase Agreement, as referred to in the preambles of this Ordinance, for the purpose of purchasing and financing the Project and Related Expenses. "Book Entry Form" means the form of the Certificates as fully registered and available in physical form only to the Depository. "Certificates" means the $650,000 Debt Certificates, Series 2004C, authorized to be issued by this Ordinance. "Certificate Fund" means the fund established and defined in Section 12 of this Ordinance. "Certificate Moneys" means moneys on deposit in the Certificate Fund. "Certificate Register" means the books of the City kept by the Certificate Registrar to evidence the registration and transfer of the Certificates. "Certificate Registrar" means BNY Midwest Trust Company, Chicago, Illinois, in its respective capacities as bond registrar and paying agent hereunder, or a successor thereto or a successor designated as Certificate Registrar hereunder. "Code" means the Internal Revenue Code of 1986, as amended. "Depository"means The Depository Trust Company, a New York limited trust company, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and passed by the Corporate Authorities on the 13th day of July, 2004. -5- of residents of the City to pay the costs of acquisition and construction of the Project, including all Related Expenses and to borrow money and, in evidence thereof and for the purpose of financing same,enter into the Agreement and, further, to provide for the issuance and delivery of the Certificates evidencing the indebtedness incurred under the Agreement. Section 4. Agreement is a General Obligation; Annual Appropriation. The City hereby represents, warrants, and agrees that the obligation to make the payments due under the Agreement shall be a lawful direct general obligation of the City payable from the corporate funds of the City and such other sources of payment as are otherwise lawfully available. The City represents and warrants that the total amount due the Seller under the Agreement, together with all other indebtedness of the City, is within all statutory and constitutional debt limitations. The City agrees to appropriate funds of the City annually and in a timely manner so as to provide for the making of all payments when due under the terms of the Agreement. Section 5. Execution and Filing of the Agreement. From and after the effective date of this Ordinance, the Mayor and Clerk be and they are hereby authorized and directed to execute and attest, respectively, the Agreement, in substantially the form thereof set forth below in the text of this Ordinance, and to do all things necessary and essential to effectuate the provisions of the Agreement, including the execution of any documents and certificates incidental thereto or necessary to carry out the provisions thereof. Further, as nominee-seller, the Treasurer is hereby authorized and directed to execute the Agreement. Upon full execution, the original of the Agreement shall be filed with the Clerk and retained in the City records and constitute authority for issuance of the Certificates. Subject to such discretion of the officers signatory to the document as described in the foregoing text, the Installment Purchase Agreement shall be in substantially the form as follows: -7- Agreement to finance same, and the issuance of certificates evidencing the indebtedness so incurred. D. The Ordinance is (a) incorporated herein by reference; and (b) made a part hereof as if set out at this place in full; and each of the terms as defined in the Ordinance is also incorporated by reference for use in this Agreement. E. The Seller, as nominee as expressly permitted by the Installment Purchase Provisions of the Debt Reform Act,has agreed to make, construct, and acquire the Project on the terms as hereinafter provided. Now, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, it is mutually agreed between the Seller and the City as follows: 1. MAKE AND ACQUIRE PROJECT The Seller agrees to make, construct, and acquire the Project upon real estate owned or to be owned by or upon which valid easements have been obtained in favor of the City. 2. CONVEYANCE The Seller agrees to convey each part of the Project to the City and to perform all necessary work and convey all necessary equipment; and the City agrees to purchase the Project from the Seller and pay for the Project the purchase price of not to exceed $650,000; plus the amount of investment earnings which are earned on the amount deposited with the Treasurer from the sale of the Certificates and in no event shall the total aggregate principal purchase price to be paid pursuant to this Agreement exceed the sum of $650,000, plus the amount of I-2 (b) Damage, Destruction, and Condemnation. If, during the term of this Agreement, (i) all or any part of the Project shall be destroyed, in whole or in part, or damaged by fire or other casualty or event; or(ii) title to, or the temporary or permanent use of, all or any part of the Project shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm, or corporation acting under governmental authority; or (iii) a material defect in construction of all or any part of the Project shall become apparent; or(iv) title to or the use of all or any part of the Project shall be lost by reason of a defect in title; then the City shall continue to make payments as promised herein and in the Certificates and to take such action as it shall deem necessary or appropriate to repair and replace the Project. 7. LAWFUL CORPORATE OBLIGATION The City hereby represents, warrants, and agrees that the obligation to make the payments due hereunder shall be a lawful direct general obligation of the City payable from the corporate funds of the City and such other sources of payment as are otherwise lawfully available. The City represents and warrants that the total amount due the Seller hereunder, together with all other indebtedness of the City, is within all statutory and constitutional debt limitations. The City agrees to appropriate funds of the City annually and in a timely manner so as to provide for the making of all payments when due under the terms of this Agreement. 8. GENERAL COVENANT AND RECITAL It is hereby certified and recited by the Seller and the City, respectively, that as to each, respectively, for itself, all conditions, acts, and things required by law to exist or to be done precedent to and in the execution of this Agreement did exist, have happened, been done and performed in regular and due form and time as required by law. 9. No SEPARATE TAX THE SELLER AND THE CITY RECOGNIZE THAT THERE IS NO STATUTORY AUTHORITY FOR THE LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE CITY OR THE LEVY I-4 IN WrrNEss WHEREOF the Seller has caused this Installment Purchase Agreement to be executed and attested, and his or her signature to be attested by the Clerk, and the City has caused this Installment Purchase Agreement to be executed by its Mayor, and also attested by the Clerk, and the official seal of the City to be hereunto affixed, all as of the day and year first above written. SELLER: Signature: [Here type name]: as Nominee-Seller and the Treasurer Al rhST: City Clerk [SEAL] UNIfhD CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS Mayor ATTEST: City Clerk [SEAL] I-6 Section 6. Certificate Details. For the purpose of providing for acquisition and construction of the Project and Related Expenses, there shall be issued and sold the Certificates in the principal amount of $650,000. The Certificates shall each be designated "Debt Certificate, Series 2004C"; be dated July 15, 2004 (the "Dated Date"); and shall also bear the date of authentication thereof. The Certificates shall be in fully registered and in Book Entry Form, shall be in denominations of$5,000 or integral multiples thereof(but no single Certificate shall represent principal maturing on more than one date), and shall be numbered consecutively in such fashion as shall be determined by the Certificate Registrar. The Certificates shall become due and payable (not subject to right of prior redemption) on December 30 of the years and in the amounts and bearing interest at the rates percent per annum as follows: YEAR AMOUNT($) RATE(%) 2005 50,000 2006 65,000 2007 75,000 2008 85,000 2009 90,000 2010 95,000 2011 95,000 2012 95,000 Each Certificate shall bear interest from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Certificate is paid or duly provided for, such interest(computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 30 and December 30 of each year, commencing on June 30, 2005. Interest on each Certificate shall be paid by check or draft of the Certificate Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Certificate is registered at the close of business on the applicable Record Date, and mailed to the registered owner of the Certificate at -9- notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Certificates registered in the Certificate Register in the name of the Book Entry Owner, none of the City, any of its financial officers, or the Certificate Registrar shall have any responsibility or obligation to any broker-dealer,bank, or other financial institution for which the Depository holds Certificates from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a "Depository Participant") or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates. Without limiting the meaning of the immediately preceding sentence, the City, any of its financial officers, and the Certificate Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Certificates, (b)the delivery to any Depository Participant or any other person, other than a registered owner of a Certificate as shown in the Certificate Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Certificates, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Certificate as shown in the Certificate Register, of any amount with respect to principal of or interest on the Certificates. No person other than a registered owner of a Certificate as shown in the Certificate Register shall receive a certificate with respect to any Certificate. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Certificate Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of the Certificates either that they be able to -11- Certificate shall be deemed to have been executed by it if signed by an authorized officer of the Certificate Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Certificates issued hereunder. Section 9. Registration of Certificates; Persons Treated as Owners. The City shall cause books (the "Certificate Register" as herein defined) for the registration and for the transfer of the Certificates as provided in this Ordinance to be kept at the office maintained for such purpose by the Certificate Registrar, which is hereby constituted and appointed the registrar of the City for the Certificates. The City is authorized to prepare, and the Certificate Registrar or such other agent as the City may designate shall keep custody of, multiple Certificate blanks executed by the City for use in the transfer and exchange of Certificates. Subject to the provisions of this Ordinance relating to the Certificates in Book Entry Form, any Certificate may be transferred or exchanged,but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Certificate at the office of the Certificate Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Certificate Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Certificate Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Certificate or Certificates of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Certificate Registrar shall not be required to transfer or exchange any Certificate during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date. The execution by the City of any fully registered Certificate shall constitute full and due authorization of such -13- [FORM OF CERTIFICATE FRONT SIDE] REGISTERED REGISTERED No. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE DEBT CERTIFICATE, SERIES 2004C See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 30,20_ Date: July 15, 2004 CUSIP: Registered Owner: CEDE&Co. Principal Amount: Dollars KNOW ALL PERSONS BY THESE PRESENTS that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay from the source and as hereinafter provided to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above (not subject to right of prior redemption), the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Certificate identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June 30 and December 30 of each year, commencing June 30, 2005, until said Principal Amount is paid or duly provided for. The principal of this Certificate is payable in lawful money of the United States of America upon presentation hereof at the office maintained for such purpose of BNY Midwest Trust Company, Chicago, Illinois, as paying agent and registrar (the "Certificate Registrar"). Payment of interest shall be made to the Registered Owner hereof as shown on the -15- SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE CITY OR THE LEVY OF A SPECIAL TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE AMOUNTS DUE HEREUNDER. This Certificate shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Certificate Registrar. -17- [FORM OF CERTIFICATE- REVERSE SIDE] This Certificate is one of a series (the "Certificates") in the aggregate principal amount of$650,000 issued by the City for the purpose of providing funds to pay part of the cost of the Project and Related Expenses, all as described and defined in the ordinance authorizing the Certificates (the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and in particular as supplemented by the Local Government Debt Reform Act of the State of Illinois, as amended, and the other Omnibus Bond Acts of the State of Illinois ("Applicable Law"), and with the Ordinance, which has been duly passed by the City Council of the City on the 13th day of July, 2004, and approved by the Mayor, in all respects as by law required. The Certificates issued by the City in connection with the Project have been issued in evidence of the indebtedness incurred pursuant to a certain Installment Purchase Agreement (the "Agreement"), dated as of the 15th day of July, 2004, entered into by and between the City and its City Treasurer, as Seller-Nominee, to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the holder by the acceptance of this certificate assents. This Certificate is subject to provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made; and to all the terms of which the registered owner hereof is hereby notified and shall be subject. The City and the Certificate Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Certificate Registrar shall be affected by any notice to the contrary. -19- manner financially interested, either directly in his or her own name or indirectly in the name of any other person, association, trust or corporation, in the Purchase Contract for the sale of the Certificates to the Purchaser. Section 12. Creation of Funds and Appropriations. A. There is hereby created the "Debt Certificates, Series 2004C, Certificate Fund" (the "Certificate Fund"), which shall be the fund for the payment of the principal of and interest on the Certificates. Accrued interest, if any, received upon delivery of the Certificates shall be deposited into the Certificate Fund and be applied to pay the first interest coming due on the Certificates. Funds lawfully available for the purpose shall be deposited into the Certificate Fund and used solely and only for the purpose of paying the principal of and interest on the Certificates. Interest income or investment profit earned in the Certificate Fund shall be retained in the Certificate Fund for payment of the principal of or interest on the Certificates on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. Moneys in the Certificate Fund shall be applied to pay interest when due and principal when due. B. The amount necessary from the proceeds of the Certificates shall be used either to pay expenses directly at the time of issuance of the Certificates or be deposited into a separate fund, hereby created, designated the "Expense Fund," to be used to pay expenses of issuance of the Certificates. Disbursements from such fund shall be made from time to time as necessary. Moneys not disbursed from the Expense Fund within six (6) months shall be transferred by the appropriate financial officers for deposit into the Project Fund, and any deficiencies in the Expense Fund shall be paid by disbursement from the Project Fund. C. The remaining proceeds of the Certificates and any premium received upon delivery of the Certificates shall be deposited into the Project Fund(the "Project Fund"), hereby created. -21- Fund, the appropriate offices of the City shall certify to the Corporate Authorities the fact of such depletion; and, upon approval of such certification by the Corporate Authorities, the Project Fund shall be closed. 3. The following Work Contracts are hereby identified to the Agreement: BRIEF DESCRIPTION NAME OF CONTRACT IDENTIFIED OF WORK CONTRACT CONTRACTOR AMOUNT($) AMOUNT($) The Work Contracts so identified are attached to this Ordinance as Exhibits A-1 through D. Alternatively to the creation of the funds described above, the appropriate officers may allocate the Certificate Moneys or proceeds of the Certificates to one or more related funds of the City already in existence and in accordance with good accounting practice; provided, however, that this shall not relieve such officers of the duty to account and invest the Certificate Moneys and the proceeds of the Certificates, as herein provided, as if such funds had in fact been created. Section 13. General Tax Covenants. The City hereby covenants that it will not take any action, omit to take any action, or permit the taking or omission of any action, within its control -23- (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Certificates will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Certificates is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) No user of the infrastructure of the City to be improved as part of the Project, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and no person, other than the City or another governmental unit, will be a user of such infrastructure as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. B. The Certificates shall not be "arbitrage bonds" under Section 148 of the Code; and the City certifies,represents, and covenants as follows: (1) With respect to the Project, the City has heretofore incurred or within six months after delivery of the Certificates expects to incur substantial binding obligations to be paid for with money received from the sale of the Certificates, said binding obligations comprising binding contracts for the Project in not less than the amount of 5% of the net sale proceeds of the Certificates. (2) More than 85% of the proceeds of the Certificates will be expended on or before three years from the date hereof for the purpose of paying the costs of the Project. -25- (8) Unless an applicable exception to Section 148(f) of the Code, relating to the rebate of "excess arbitrage profits" to the United States Treasury (the "Rebate Requirement") is available to the City, the City will meet the Rebate Requirement. (9) Relating to applicable exceptions, any City officer charged with issuing the Certificates is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. If such election may result in a "penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the "Penalty"),then the City shall pay such Penalty. (10) The officers of the City shall cause to be established, at such time and in such manner as they may deem necessary or appropriate hereunder, a "Debt Certificates, Series 2004C Rebate [or Penalty, if applicable] Fund" (the "Rebate Fund") for the Certificates, and such officers shall further, not less frequently than annually, cause to be transferred to the Rebate Fund the amount determined to be the accrued liability under the Rebate Requirement or Penalty. Said officers shall cause to be paid to the United States Treasury, without further order or direction from the Corporate Authorities, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. (11) Interest earnings in the Project Fund and the Certificate Fund are hereby authorized to be transferred, without further order or direction from the Corporate Authorities, from time to time as required, to the Rebate Fund for the purposes herein provided; and proceeds of the Certificates and other funds of the City are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty but only if necessary after application of investment earnings as aforesaid and only as appropriated by the Corporate Authorities. -27- modification thereby, the Certificate Registrar by acceptance of duties under this Ordinance agrees (a) to act as registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b)to maintain a list of Certificateholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Certificates which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Certificates cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Certificates paid, Certificates outstanding and payments made with respect to interest on the Certificates. The City covenants with respect to the Certificate Registrar, and the Certificate Registrar further covenants and agrees as follows: A. The City shall at all times retain a Certificate Registrar with respect to the Certificates; it will maintain at the designated office(s) of such Certificate Registrar a place or places where Certificates may be presented for payment, registration, transfer, or exchange; and it will require that the Certificate Registrar properly maintain the Certificate Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs, and practices of the municipal securities industry. B. The Certificate Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Certificate, and by such execution the Certificate Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Certificate so authenticated but with respect to all the Certificates. Any Certificate Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Certificate -29- Section 17. Defeasance. Any Certificate or Certificates which (a) are paid and cancelled, (b) which have matured and for which sufficient sums been deposited with the Certificate Registrar to pay all principal and interest due thereon, or (c) for which sufficient United States of America dollars and direct United States Treasury obligations have been deposited with the Certificate Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on (and redemption premium, if any, on) such Certificate or Certificates when due at maturity or as called for redemption, if applicable, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the Certificate Moneys hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Certificates as set forth herein as such relates to lien and security of the outstanding Certificates. All covenants relative to the Tax-exempt status of the Certificates; and payment, registration, transfer, and exchange; are expressly continued for all Certificates whether outstanding Certificates or not. -31- EXTRACT OF MINUTES of the regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Council Chambers of the City Building, located at 800 Game Farm Road, in said City, at 7:00 p.m., on the 13th day of July, 2004. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Arthur F. Prochaska, Jr., and the following Aldermen answered present at said location: The following were absent: . The Corporate Authorities then discussed the proposed financing of street and road improvements within the City. Thereupon, Alderman presented, and there was placed before each Alderman in full the following ordinance: Upon motion duly made and carried, the meeting adjourned. City Clerk -3- 5:00 p.m. on Friday, July 9, 2004; a true, correct and complete copy of said agenda is attached hereto as Exhibit A; and that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 13th day of July,2004. City Clerk [SEAL] [Attach Agenda hereto as Exhibit A] -2- BRIEF DESCRIPTION NAME OF CONTRACT IDENTIFIED OF WORK CONTRACT CONTRACTOR AMOUNT($) AMOUNT($) and that the same have all been deposited in, and all as appears from, the official files and records of our respective offices. IN WITNESS WHEREOF we have hereunto affixed our official signatures and the seal of the City, at Yorkville, Illinois, this day of 200_. City Clerk [SEAL] City Treasurer -2- .rASPEER FINANCIAL, INC. PUBLIC FINANCE CONSULTANTS SINCE 1954 KEVIN W.McCANNA DAVID F.PHILLIPS LARRY P.BURGER DANIEL D.FORBES BARBARA L.CHEVALIER PRESIDENT SR.VICE PRESIDENT' VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT July 13, 2004 The Honorable Arthur F. Prochaska, Jr. and Members of the City Council United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mayor Prochaska and City Council Members: Bids were received today for the $650,000 Debt Certificates, Series 2004C. There were 2 bids received which are listed at the bottom of this letter in accordance with the signed bids. Upon examination, it is our opinion that the bid of Bernardi Securities, Chicago, Illinois, is the best bid received, and it is further our opinion that the bid is favorable to the City and should be accepted. We therefore recommend that the Certificates be awarded to that bidder at a price of $640,000, plus accrued interest, being at a net interest rate of 4.6677%. Net Account Managers Interest Rate Bernardi Securities Chicago, IL 4.6677% Old Second National Bank Yorkville, Aurora, IL 5.1147653% Respectfully submitted, r► _ Barbara L. Chevalier Vice President BLC/mj • Enclosures SUITE 4100•ONE NORTH LASALLE STREET•CHICAGO,ILLINOIS 60602•(312)346-3700•FAX(312)346-8833 SUITE 608.531 COMMERCIAL STREET•WATERLOO,IOWA 50701•(319.)291-2077•FAX(319)291-8628 SPEER FINANCIAL, INC. $650,000 UNITED CITY OF YORKVILLE Kendall County, Illinois Debt Certificates, Series 2004C Date of Sale: July 13, 2004 Average Life: 5.3664 Years Bond Buyer Index: 4.81 (Based on NIC) Bidders* Price Maturities Rates Interest Bernardi Securities, Chicago, Illinois 98.462% 2005 4.95% 4.6677% 2006 5.00% $162,808.13 2007 4.10% 2008 3.80% 2009 4.10% 2010 4.30% 2011 4.50% 2012 4.70% Old Second National Bank Yorkville, 100.000% 2005 3.05% 5.1147653% Aurora, Illinois 2006 3.65% $178,398.75 2007 4.10% 2008 4.55% 2009 5.00% 2010 5.40% 2011 5.50% 2012 5.70% *Syndicate information is provided by the underwriter. The information contained in this report is the most current available. United City of Yorkville OFFICIAL sip FORM •-- . 4Ss ,Ganre,c.t'Iharn Road, YOrkv3le. 50560 Speer Financial,13,2004 fiacsunile:(312)346.8333 City C.ouncil Member For th$$650,ori'fit Cc cotes agr;es 2004c,for the united City of Yerlcville, Kendall County, Illinois, as described in the Preliminary Termsheet, w ii h is expressly Made a part of the bid, we will pay you S4110 00 (a minimum of accrued Interest from July 16, 2004, to the date of delivery for Certificates bearing interest e follows (each rate a multiple of 1/8'or 1/20 of 1%). MATURmES-DECEMBER 30 $50,000_.-2005 f.94- % $85,000,...,2008 .leo % $95,000....2011 7‘.ro% $65,000....2006_ S.: 00 % $90,000....•2009 7,/0 ole $95,000..,_2012 �,.O Vo $75,000___2007 it, f0 % $95,000..,,.2010 cf. 0 % The Certificates are to be executed and delivered to us in accordance with the terms of this bid accompanied by the approving legal opinion of Chapman and Cutler LLP, Chicago, Illinois. Tho purchaser, should they so choose, agrees to apply for CUSIP numbers within 24 hours and Pay the fee charged-by the CUSIP Service Bureau and will accept the Certificates with the CUSP numbers as entered on the Certificates. ACCOUNT MANAGER INFORMATION Bid Submitted By, Direct Phone: S12. '2,',4) ‘.; .Tie c cwt esT___ _ Name of Purchaser: ri' FF'`�' :512 2.Zi ", �'� l Street State: Address: 1 ire .1"F"- 4 .L4-, S ) 1 . City: Zip Code: Li Email: The'foregoing bid was accepted and the Certificates sold by ordinance of the City on July 13,2004. UNITED CITY OF YORKVILLE.,KENDALL COUNTY, ILLINOIS Mayor ------------NOT PART OV THE BID--------------— (Calculation - --------- (Calculation of net interest cost BIO Gross Interest $ I S 2. ,R. 1 Less Premium/Plus scaunti $ (D, 00a. o0 , Net Interest Cast $ / ,4, '8®g; 13 Net Interest Rate `1`• 4,b 71 pro TOTAL BOND YEARS 3,497.92 Years 5.3664 Years AVERAGE LIFE —J . .. T8 39dS3IlINF102S ICI&VNelai — -- .- -- -- ------ -- - - - - 6SBZT8ZZIE 9Z:60 t70BZJSTJLA UNITED CITY OF YORKVILLE $650,000 Debt Certificates, Series 2004C "Final" [To Upgrade Streets--Growing Debt Service] Debt Service Schedule 1 Date Principal Coupon Interest Total P+I Fiscal Total 07/15/2004 - - - - - 06/30/2005 - - 27,355.63 27,355.63 - 12/30/2005 50,000.00 4.950% 14,272.50 64,272.50 91,628.13 06/30/2006 - - 13,035.00 13,035.00 - 12/30/2006 65,000.00 5.000% 13,035.00 78,035.00 91,070.00 06/30/2007 - - 11,410.00 11,410.00 - 12/30/2007 75,000.00 4.100% 11,410.00 86,410.00 97,820.00 06/30/2008 - - 9,872.50 9,872.50 - 12/30/2008 85,000.00 3.800% 9,872.50 94,872,50 104,745.00 06/30/2009 - - 8,257.50 8,257.50 - 12/30/2009 90,000.00 4.100% 8,257.50 98,257.50 106,515.00 06./30/2010 - - 6,412.50 6,412.50 - 12/30/2010 95,000.00 4.300% 6,412.50 101,412.50 107,825.00 06/30/2011 - - 4,370.00 4,370.00 - 12/30/2011 95,000.00 4.500% 4,370.00 99,370.00 103,740.00 06/30/2012 - 2,232 50 2,232.50 - 12/30/2012 95,000.00 4.700% 2,232.50 97,232.50 99,465.00 Total $650,000.00 - $152,808.13 $802,808.13 - Yield Statistics Bond Year Dollars $3.487.92 Average Life 5.366 Years Average Coupon 4.3810717% Net Interest Cost(NIC) 4.6677758% True Interest Cost(TIC) 4.7007240% Bond Yield for Arbitrage Purposes 4.3679247% — -- - -- -- --- - - -- -- --- --- --- All Inclusive Cost(AICA 4.7007240% IRS Form 8038 Net Interest Cost 4.3810717% Weighted Average Maturity 5.366 Years 2004C Debt Cert.Final I SINGLE PURPOSE I 7/13/2004 1 9:31 AM Speer Financial, Inc. Public Finance Consultants Since 1954 V1/10/4VV9 VV.u'a FBA UOVOO6V17V VJOILD 12wV1 `MJ,,,- JUN-24-2004 09:45 FRQM1-SPEER FINANCIAL 312-346-8833 T-269 P,006/006 F-176 . OFFICIAL BID FORM United City of Yorkville July 13,2004 800 Game Farm Road Spear Finanole, :nc. Yorkville,IL 60560 Facsimile:(312)346-8833 City Council Members: For the$850,000 Debt Certificates Series 20040,for the United City of Yorkville, Kendall County, Weis,as described in the Preliminary Termeheet, which is expressly made a part of the bid, we will pay you $ . —(a minimum of$640,000) plus accrued Interest from July 15, 2004,to the date of delivery for Certificates bearing interest afollows (each rate a multiple of 118 or 1/20 of 1%). MATURITIES--DECEMBER 30 $50,000....2005 3'OS % $85.000.....2008 4 55 % $95,000....2011 CO% $65,000....2006 3,C-S % $90,000....,2009 5.o'0 % $95,000....2012-1,70 % $75,000....2007 4% $95,000...,,2010 S..'id % The Certificates are to be executed and delivered to us in accordance with the terms of this bid accompanied by the approving legal opinion of Chapman and Cutler LL.P, Chicago, Illinois. The purchaser, should they so choose, agrees to apply for CUSW numbers within 24 hours and pay the fee charged by the CUSIP Service Bureau and will accept the Certificates with Me CUSIP numbers as entered on the Certificates. ACCOUNT_MANAGER INFORMATION 411 Submitted By. r e.i 'f es ht...." Direct Phone; Name cf Purchaser: yv, u/ FAX# 3� %a/7a Street State; �� Address: :. ...�; I. - - . City: Zip Code: ' At_ru-- 6 ad? c Email; bride r Q d � 104_,r1 C 0 . Co ry The foregoing bid was accepted and the Certificates sold by ordinance of the City on July 13,2004. UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS Mayor - --s-•a NOT PART OF THE BID --------•.-.-- (Cafculefion oP net interest cost} BID Gross interest $ I l� �, 7 S Less Premium/plus Discount $ .� Net Interest Cost $ 118, '69 g. '7 ' Net Interest Rate 5 ,‘141 ;a3 % + I TOTAL BOND YEARS 3,513.19 Years AVERAGE LIFE 1 5.405 Years SPEER FINANCIAL, INC. PUBLIC FINANCE CONSULTANTS SINCE 1954 SUITE 4100•ONE NORTH LASALLE STREET•CHICAGO,ILLINOIS 60602•(312) 346-3700•FAX(312)346-8833 Final Term Sheet UNITED CITY OF YORKVILLE Kendall County, Illinois $650,000 Debt Certificates, Series 2004C Sale Date: July 13, 2004, 9:30 a.m. CDT. Dated Date: July 15, 2004. Method of Sale: Competitive. Purchaser: Bernardi Securities, Chicago, Illinois. Date of Closing: July 29, 2004. First Interest Payment Date: June 30, 2005 and semi-annually through maturity. Principal Maturity Dates: December 30, 2005 through December 30, 2012. Maturities and Interest Rates: December 30 Principal Rate 2005 $50,000 4.95% 2006 $65,000 5.00% 2007 $75,000 4.10% 2008 $85,000 3.80% 2009 $90,000 4.10% 2010 $95,000 4.30% 2011 $95,000 4.50% 2012 $95,000 4.70% Good Faith Deposit: A good faith deposit will not be required. Legal Opinion: Chapman and Cutler LLP, Attorneys, Chicago, Illinois, will provide an opinion as to the legality and tax exemption of the Certificates. Interest on the Certificates is not exempt from present State of Illinois income taxes. Bank Qualification: The Certificates will NOT be designated as "qualified tax-exempt obligations." Registrar/Paying Agent: BNY Trust Company, Chicago, Illinois. Registered or Book-Entry: The Certificates will be registered or, at the option of the purchaser, The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Certificates. The ownership of one fully registered Bond for each maturity will be registered in the name of Cede & Co., as nominee for DTC, and no physical delivery of Certificates will be made to purchasers. Final Term Sheet UNITED CITY OF YORKVILLE Kendall County, Illinois $650,000 Debt Certificates, Series 2004C Purchase Price: A minimum price of$640,000 and accrued interest. Purpose: For street improvements and to pay costs of issuance. Authorization: The Certificates are authorized by a vote by the City Council. The City is a non-home rule unit pursuant to the constitution of the State of Illinois. Security: The Certificates are valid and legally binding obligations of the City, payable from any monies of the City legally available and annually appropriated for the purpose of payment of debt service. The Certificates evidence indebtedness incurred under an installment contract. There is no statutory authority for the levy of a separate tax in addition to other City taxes or the levy of a special tax unlimited as to rate or amount to pay the interest or principal due on the installment contract or the Certificates. Financial Disclosure: Most recent audit available upon request. Denomination: $5,000 and integral multiples thereof. Financial Advisor: Speer Financial, Inc., Chicago, Illinois. Expenses: The City will pay for the legal opinion and financial advisor's fee. At closing, the City will deliver one typed Bond per maturity. CUSIP numbers are at the cost of the purchaser. Optional Redemption: The Certificates are not callable prior to maturity. Credit Rating: A credit rating will not be requested for the Certificates. Secondary Market Disclosure: The aggregate principal amount of the Certificates is less than $1,000,000. The information undertaking provisions of SEC Rule 15c2-12(b)(5) are therefore not applicable to this issue. Upon request, the City will provide annual financial statements including the comprehensive annual financial report if one is prepared. Final Term Sheet UNITED CITY OF YORKVILLE Kendall County, Illinois $650,000 Debt Certificates, Series 2004C Illinois Property Tax Extension Limitation Law: The City, as a non-home rule unit of local government located primarily in Kendall County, became subject to the Property Tax Extension Limitation Law (the "Tax Extension Limitation Law") pursuant to action by the voters pursuant to a countywide referendum held in 1997. The effect of the Limitation Law is to limit the amount of property taxes that can be extended for a taxing body. KWM/mj 7/13/04 Mayor United City of Yorkville SPEER FINANCIAL, INC. PUBLIC FINANCE CONSULTANTS SINCE 1954 SUITE 4100•ONE NORTH LASALLE STREET•CHICAGO, ILLINOIS 60602• (312)346-3700•FAX(312)346-8833 Final Term Sheet UNITED CITY OF YORKVILLE Kendall County, Illinois $650,000 Debt Certificates, Series 2004C Sale Date: July 13, 2004, 9:30 a.m. CDT. Dated Date: July 15, 2004. Method of Sale: Competitive. Purchaser: Bernardi Securities, Chicago, Illinois. Date of Closing: July 29, 1004. First Interest Payment Date: June 30, 2005 and semi-annually through maturity. Principal Maturity Dates: December 30, 2005 through December 30, 2012. • Maturities and Interest Rates: December 30 Principal Rate 2005 $50,000 4.95% 2006 $65,000 5.00% 2007 $75,000 4.10% 2008 $85,000 3.80% 2009 $90,000 4.10% 2010 $95,000 4.30% 2011 $95,000 4.50% 2012 $95,000 4.70% Good Faith Deposit: A good faith deposit will not be required. Legal Opinion: Chapman and Cutler LLP, Attorneys, Chicago, Illinois, will provide an opinion as to the legality and tax exemption of the Certificates. Interest on the Certificates is not exempt from present State of Illinois income taxes. Bank Qualification: The Certificates will NOT be designated as "qualified tax-exempt obligations." Registrar/Paying Agent: BNY Trust Company, Chicago, Illinois. Registered or Book-Entry: The Certificates will be registered or, at the option of the purchaser, The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Certificates. The ownership of one fully registered Bond for each maturity will be registered in the name of Cede & Co., as nominee for DTC, and no physical delivery of Certificates will be made to purchasers. • Final Term Sheet UNITED CITY OF YORKVILLE Kendall County, Illinois $650,000 Debt Certificates, Series 2004C Purchase Price: A minimum price of$640,000 and accrued interest. Purpose: For street improvements and to pay costs of issuance. Authorization: The Certificates are authorized by a vote by the City Council. The City is a non-home rule unit pursuant to the constitution of the State of Illinois. Security: The Certificates are valid and legally binding obligations of the City, payable from any monies of the City legally available and annually appropriated for the purpose of payment of debt service. The Certificates evidence indebtedness incurred under an installment contract. There is no statutory authority for the levy of a separate tax in addition to other City taxes or the levy of a special tax unlimited as to rate or amount to pay the interest or principal due on the installment contract or the Certificates. Financial Disclosure: Most recent audit available upon request. Denomination: $5,000 and integral multiples thereof. Financial Advisor: Speer Financial, Inc., Chicago, Illinois. Expenses: The City will pay for the legal opinion and financial advisor's fee. At closing, the City will deliver one typed Bond per maturity. CUSIP numbers are at the cost of the purchaser. Optional Redemption: The Certificates are not callable prior to maturity. Credit Rating: A credit rating will not be requested for the Certificates. Secondary Market Disclosure: The aggregate principal amount of the Certificates is less than $1,000,000. The information undertaking provisions of SEC Rule 15c2-12(b)(5) are therefore not applicable to this issue. Upon request, the City will provide annual financial statements including the comprehensive annual financial report if one is prepared. • Final Term Sheet UNITED CITY OF YORKVILLE Kendall County, Illinois $650,000 Debt Certificates, Series 2004C Illinois Property Tax Extension Limitation Law: The City, as a non-home rule unit of local government located primarily in Kendall County, became subject to the Property Tax Extension Limitation Law (the "Tax Extension Limitation Law") pursuant to action by the voters pursuant to a countywide referendum held in 1999. The effect of the Limitation Law is to limit the amount of property taxes that can be extended for a taxing body. KWM/mj • 7/13/04 Mayor United City of Yorkville